Punjab & Haryana High Court Stays Job Reservation Granted To Economically Backward Category

Punjab & Haryana High Court Stays Job Reservation Granted To Economically Backward Category

The Punjab and Haryana High Court has stayed a 2013 notification issued by the Haryana government announcing a 10% reservation in government jobs to economically backward persons (EBP) with effect from December 7, 2017.

While admissions in educational institutions under the EBP quota have been already stayed, the state recruitment agencies both Haryana Public Service Commission (HPSC) and Haryana Staff Selection Commission (HSSC) have been providing 10% reservation to EBP for various posts.

The division bench of Justices Mahesh Grover and Raj Shekhar Attri, issued the stay order while hearing a petition filed by a medical student Kalindi Vashishtha.

Gujarat  Stay Order Referred In Ruling

In its order, the bench referred to the SC decision to maintain the stay on EBP quota offered by Gujarat in both government jobs and admissions in educational institutions. The matter is still pending before the SC.

The HC bench which is headed by Justice Grover noted that with the proceedings pending before the Supreme Court ”the impugned notification” is not to be given effect.  The next hearing scheduled for July 3, 2018.

With this ruling, no reservation can now be provided under the EBP quota in government jobs in Haryana.

Reservation In Educational Institutions Also Stayed

The petitioner has challenged the 10% vertical reservation being offered to the EBPs in educational institutions under the general category. According to the petition, as a result of this government order, the reservation provided will reach 60%, which is against the 50% ceiling as stipulated by the Supreme Court in the case of Indira Sawhney versus the Union of India.

The petitioner has referred to a Gujarat high court division bench judgment of August 4, 2016, which quashed a Gujarat government ordinance giving reservation to economically weaker sections under the general category.

Although the matter had reached the HC in September 2016, but the Haryana government had not responded till September 2017. Upset at the delay, the HC had slapped a fine of Rs 20,000 as costs on the state government.

The Punjab and Haryana High Court has stayed a 2013 notification issued by the Haryana government announcing a 10% reservation in government jobs to economically backward persons (EBP) with effect from December 7, 2017.

While admissions in educational institutions under the EBP quota have been already stayed, the state recruitment agencies both Haryana Public Service Commission (HPSC) and Haryana Staff Selection Commission (HSSC) have been providing 10% reservation to EBP for various posts.

The division bench of Justices Mahesh Grover and Raj Shekhar Attri, issued the stay order while hearing a petition filed by a medical student Kalindi Vashishtha.

Gujarat  Stay Order Referred In Ruling

In its order, the bench referred to the SC decision to maintain the stay on EBP quota offered by Gujarat in both government jobs and admissions in educational institutions. The matter is still pending before the SC.

The HC bench which is headed by Justice Grover noted that with the proceedings pending before the Supreme Court ”the impugned notification” is not to be given effect.  The next hearing scheduled for July 3, 2018.

With this ruling, no reservation can now be provided under the EBP quota in government jobs in Haryana.

Reservation In Educational Institutions Also Stayed

The petitioner has challenged the 10% vertical reservation being offered to the EBPs in educational institutions under the general category. According to the petition, as a result of this government order, the reservation provided will reach 60%, which is against the 50% ceiling as stipulated by the Supreme Court in the case of Indira Sawhney versus the Union of India.

The petitioner has referred to a Gujarat high court division bench judgment of August 4, 2016, which quashed a Gujarat government ordinance giving reservation to economically weaker sections under the general category.

Although the matter had reached the HC in September 2016, but the Haryana government had not responded till September 2017. Upset at the delay, the HC had slapped a fine of Rs 20,000 as costs on the state government.

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