Jat quota: HC reserves petitions for final order

QUOTA LAW Govt granted reservation after the stir in February 2016; petitioners say decision was contrary to basic structure of Constitution

CHANDIGARH: The Punjab and Haryana high court on Monday reserved its judgment on the petitions filed to challenge the granting of quota to Jats and five other communities by the Haryana government in 2016.

The quota law was enacted following the widespread violence of February, 2016, in which 30 persons lost their lives and property worth crores of rupees were destroyed in several districts of the state.

In May 2016, the high court stayed the law on the petition of a Bhiwani resident, Murari Lal and subsequently, a number of petitions were filed, laying challenge to the law.

Schedule-C of the 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 the government decision was contrary to the basic structure of the Constitution. The Supreme Court in March 2015 had stated that Jats are not backward, the state legislature could not have passed the Act overturning apex court’s finding, the petitioners had argued.

It was also argued that the Act had been enacted on the basis of the justice KC Gupta commission report, which was rejected by the Supreme Court in its March 2015 judgment. There were no new facts or studies to give reservation, before the legislature, the petitioner had argued further stating that in giving 10% reservation to these communities, the quota has exceeded beyond 50% limit set by the SC in Indira Sawhney case in 1992.

On the other hand, the state has argued that the petition was premature as any grievance should first have been submitted before the Haryana Backward Classes Commission (HBCC). As of National Commission for Backward Classes (NCBC) advising central government against reservation to Jats, it was argued that it was for central quota and not the state. Although Indira Sawhney judgment provided ceiling for reservation but it also provides for an exception in breaching the ceiling of 50 percent ‘in public interest, government had argued.

The order on reserving judgment was passed by high court bench of justice SS Saron and justice Lisa Gill on Monday after arguments were concluded by all the lawyers representing various parties. The court also told them to provide written submissions, if any, within one week.