NEW DELHI: The Apex Court on Monday ordered to maintain status quo on the implementation of Pujab and Haryana High Court verdict, which upheld the constitutional validity of the law that provides ten percent reservation to Jat and other five communities in Haryana state, until further orders.
Senior advocate K Sultan Singh, who appeared for petitioner Satvir Singh Saini and others, who had opposed the Haryana Backward Classes Act 2016, informed the top court that the Backward Class Commission will very soon submit its report on the percentage of quota by March 31, following which the Haryana Government can easily implement the order, and sought a stay or status quo.
A bench of justices J Chelameswar and Sanjay Kishan Kaul said that it will hear the matter and status quo need to be maintained till further orders.
“List next week, at the request of counsel for the respondent(s). Status quo, obtaining as on today, shall be maintained, in the meantime,” the bench noted.
The Haryana Assembly had unanimously passed The Haryana Backward Classes (reservation in services and also admission in educational institutions) Bill 2016 on March 29 in the year 2016.
The government notified the Act in its official gazette on May 12 of the year 2016. The new Act provided reservation to Jat community as well as to five other communities including Jat Sikh, Bishnoi and Tyagi -under a newly carved out backward class (C) category.
As per the Act, these communities would be entitled to get atleast 10 per cent reservation in government services and also admission in educational institutions.
However, on May 26, of the year 2016, a division bench of the high court had stayed the reservation to given to these communities after hearing a public interest litigation challenging the constitutional validity of schedule-III (block-C) of The Haryana Backward Classes (reservation in services and admission in educational institutions) Act 2016.
The PIL had sought some directions to set aside the bill for being against the law laid down by the apex court in Indira Sawhney case.
According to the petition, with the passing of new bill, the reservation has reached around a total of 70 per cent, but according to the law laid down by top court, the quota limit could not exceed beyond 50 per cent as a total.
The high court had on September 1 2017, upheld the constitutional validity of the Act under the law.
In February 2016, the state had witnessed violent protests by the Jat community demanding quota in jobs and educational institutions which virtually brought Haryana state to a halt. The agitation had left many people dead and several persons grievously injured.
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