The Punjab and Haryana high court on Monday refused to stay Haryana government's 10% reservation under special backward class category in state government jobs and education institutions to five castes namely Jats, Jat Sikhs, Rors, Tyagis and Bishnois; and 10% to economically backward persons belonging to general category.
The division bench comprising chief justice Sanjay Kishan Kaul and justice Arun Palli said that the court could not stay the notification without going through the state government's reply in the case.
The court also granted two months' time to the Haryana government to file its reply. Notifications were issued on January 23 last year.
During the resumed hearing of the case, advovate Vijay Kumar Jindal, appearing for the petitioners requested the court to put stay on the notifications on the ground that since the reservation is also going to be implemented in educational institutions across the state and admissions have been started for various courses. It was submitted that if the notifications were not stayed, it would affect the merit list for admissions. But the court, refused to stay the notification without going through the state government's justification for its decision.
The petitioners had submitted that the state government had illegally granted the reservation quota in exclusion to the already notified 27% reservation to backward classes that had resulted in exceeding the ceiling limit of 50% reservation.
The reservation notifications were issued on the recommendations of the Haryana Backward Classes Commission chairman, justice KC Gupta (retd).
After issuance of the notification under challenge, the reservation limit in Haryana has reached 67%, which is 17% more than what the Supreme Court had decided in 1992 in "Indra Sawhney and others vs Union of India and others' case.