Haryana quota law: SC to take up state’s petition against HC stay order on Friday

New Delhi, February 7

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The Supreme Court on Monday deferred to Friday the hearing on Haryana Government’s petition against the Punjab and Haryana High Court’s order staying the state’s law providing for 75 per cent quota to local people in private sector jobs.

The Punjab and Haryana High Court had last Thursday stayed the Haryana State Employment of Local Candidates Act, 2020, and admitted a petition challenging its validity. The high court’s order had come on a petition filed by various industries associations from Faridabad, Gurugram and other places.

Notified in November last year, the law provides for 75 per cent reservation for local youth in private sector jobs that offer a monthly salary of less than Rs 30,000 from January 15, 2022.

On Monday, the matter could not be taken up by a Bench led by Justice LN Rao as it was listed at item number 45.

Solicitor General Tushar Mehta urged the Bench to take it up on Tuesday but the Bench said nothing would happen in a few days and posted it for hearing on Friday.

CJI NV Ramana had last week agreed to list it on February 7 after Solicitor General Tushar Mehta said that the matter needed to be heard urgently.

“I appeared (before the high court)…therefore, I can make a statement that after giving me an opportunity of hearing for 90 seconds, the court proceeded to stay the Act. We have prepared the SLP and filed it today… I need to say much more, kindly list it on Monday subject to my placing the order on record,” Mehta had told the CJI.

The petitioners contended that the Act under challenge was against the provisions of the Constitution and went against the basic principle of meritocracy that acted as the foundation for businesses to grow and remain competitive.

The Haryana government wanted to create reservation in the private sector by introducing the policy of ‘Sons of Soil’, which was an infringement of constitutional rights of the employers, they submitted.

The petitioners contended that private sector jobs were purely based on the skills and analytical blend of mind of the employees who were citizens of India having constitutional rights on the basis of their education to work in any part of India.