Punjab and Haryana High Court gives Centre, states deadline to respond on OBC appointments

Saurabh Malik

Chandigarh, May 31

A week after the Punjab and Haryana High Court made clear its intent to hear the Centre, the two states and the UT, before passing order to restrain the state and Central Governments from making any appointments to OBC/BC category, the Bench has given their counsel time till August 6 to respond.

102nd amendment

The Supreme Court, in May 2021, held that the 102nd Amendment Act of 2018 removed the power of the states to identify socially and educationally backward classes under their territory for grant of quota in jobs and admissions.

As the matter came up for resumed hearing, the counsel appearing on behalf of the Advocates General and the Additional Solicitor General sought time be file their responses – a request that was accepted by the Bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma.

The Judges, on the previous date of hearing, had asserted that the issue involved required the assistance of the Advocate General as after coming into the force of Article 342-A of the Constitution of India and the wake of 102nd Amendment, no appointments or promotions could be provided to backward classes “as there is no such class identified in the Constitution by the Constitution framers or the Parliament”.

The Bench asserted: “Once the Article 342-A has been incorporated, it is binding on the Central Government as well as the state government to first conduct an exercise in terms of the judgment passed by Hon’ble the Supreme Court in case titled as M Nagaraj Vs Union of India”.

In its detailed order, the Bench asserted it would like to hear the Additional Solicitor General of India appearing before the high court on the Central Government’s behalf, along with the Advocates General of the two states, and the UT standing counsel before “we pass any order to restrain the state and Central Government from making any appointments to OBC/BC category”.

Before parting with the case, the Bench also referred to an order passed by Punjab Chief Secretary in a matter before asserting it reflected that an exercise had not been conducted by the state authority “in this regard”. The matter will come up for further hearing later next week.

Article 342A deals with the power of the President to notify a particular caste as a socially and educationally backward class. It also deals with the power of the Parliament to change the list. It was inserted into the Constitution of India through the 102nd Amendment.

The Supreme Court, in May 2021, held that the 102nd Amendment Act of 2018 removed the power of the states to identify socially and educationally backward classes under their territory for grant of quota in jobs and admissions.