Another challenge in store for Haryana government?
THE PUNJAB AND HARYANA HIGH COURT IS LIKELY TO PRONOUNCE JUDGMENT ON PETITIONS CHALLENGING 10% QUOTA FOR JATS AND FIVE OTHER COMMUNITIES BY SEPTEMBER 3
CHANDIGARH: The beleaguered Manohar Lal Khattar-led Haryana government could face a new set of challenges next week. The Punjab and Haryana high court is likely to pronounce judgment on petitions challenging 10% quota for Jats and five other communities by September 3.
The senior judge on the division bench which heard the matter, acting chief justice SS Saron, is to retire on September 3. Since he presided over the bench, the bench is expected to give verdict by his retirement day.
The second judge on the division bench was justice Lisa Gill.
Since May 19, 2016, when the matter came before it, the high court has conducted at least 40 hearings till March 6, the day petitions were reserved for the final order.
The judgment is expected at a time when state has seen widespread violence last week, following the conviction of Dera Sacha Sauda chief, Gurmeet Ram Rahim Singh in a 2002 rape case of two disciples.
Army has taken over in Panchkula, Rohtak and Sirsa due to apprehension of more violence on Monday, when court decides about his jail term. So far, 36 deaths have already been reported in Haryana.
The quota law was enacted following the widespread violence in February 2016, in which 30 persons lost their lives and widespread damage was reported to public as well as private properties. But in May, the high court stayed the law.
The law, Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016, provides for 10% reservation in government jobs for Class 3 and 4 posts and 6% reservation in Class 1 and 2 posts to Jats, Jat Sikhs, Rors, Bishnois, Tyagis, Mulla Jats or Muslim Jats.
The challenge was laid on the grounds that law was contrary to the basic structure of the Constitution.
In giving 10% reservation to these communities, the quota has exceeded beyond 50% limit set by the SC in Indira Sawhney case in 1992, petitioner argued.
The government says Indira Sawhney judgment provided for ceiling for reservation, but it also provides for an exception in breaching it ‘in public interest’.
Under pressure from the politically influential community, the government had requested for vacation of stay, but the court did not agree. Later, the court held day to day hearing.
The government also tried to give quota benefit to Jats under the 10% quota to economically backward persons of the general category, but the move was again thwarted by high court last month.
The community has held number of protests even after quota law petitions were before the court. The latest round for state quota was held in January 2017. .