On Tuesday, the Punjab and Haryana High Court stayed the reservation for Jats and four other communities. This reservation was provided under a newly carved Backward Classes (C) category by the Haryana government.
While hearing a petition challenging the constitutional validity of The Haryana Backward Classes (reservation in services and admission in educational institutions) Act 2016 the high court passed this order unanimously by the state assembly on March 29.
Murari Lal Gupta of Bhiwani challenged the Act, who was seeking direction to quash block ‘C’ of the act. The quash block ‘C’ provides reservation to the Jat community under a newly carved Backward Classes (C) category.
On the basis of the Justice KC Gupta commission report, the petitioner submitted the reservation for the Jat community has been provided under the new act which has already quashed by the Supreme Court.
The petitioner’s counsel stated that if on the basis of the Gupta commission report they provide the reservation then it is tantamount to the revision of a judicial order which can not be done by the legislature.
The counsel also said that these revisions can be made by only the judiciary on an issue already decided in a judicial order.
The petition was further submitted in 2014 as well when the state government introduced sucha bill including Jats in the list of other backward classes for reservation.
In the case of Ram Singh and others versus the Union of India, the Supreme Court had held that Jats were not backward educationally, socially and politically.
The new act that provides reservation under a newly carved backward class (C) category for Jats and five other communities includes Jat Sikhs, Muslim Jats, Bishnois, Rors and Tyagis. This reservation would be entitled to get 10% reservation to the Jats and five other communities in government services and admission in educational institutions.
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26 May, 2016
Avni S.Singh