The Bill for reservation of Jats and others communities in Haryana has come under judicial scanner.
A petition filed in Punjab and Haryana High Court has challenged the constitutional validity of the “Haryana Backward Classes (reservation in services and admission in educational institutions) Act”.
Taking up the petition, on Thursday, the Bench headed by Justice Mahesh Grover observed that the petition required to be taken as a Public Interest litigation and referred it to Acting Chief Justice, for placing it before the appropriate Bench.
Seeking quashing of block ‘C’ of the Haryana Backward Classes (reservation in services and admission in educational institutions) Act, the petitioner Murari lal Gupta of Bhiwani has said that a new category BC(C) has been created to provide reservation to the Jats under the act and reservation to Jats was provided on the basis of Justice KC Gupta commission report, which has already been quashed by the Supreme Court.
Mukesh Verma, counsel for the petitioner, submitted in the court that providing reservation on the basis of Justice Gupta commission report would tantamount to revision of a judicial order, and the legislature could not do so. He asserted that it was a judicial order and only the judiciary could revise the findings of an issue already decided by a court.
The court was also told that the state government had introduced a bill to include Jats in the list of other backward classes for reservation in job and educational institutes in 2014 but in Ram Singh and others versus the Union of India Supreme Court had held that Jats were not backward socially, educationally and politically.