The Punjab and Haryana High Court on Thursday put on hold Haryana Government’s decision to provide 10 per cent reservation to the economically backward people of General (Unreserved) category in jobs and educational institutions.
The court was taking up a petition filed by Rageshwari Singh of Faridabad.
The petitioner, an aspirant of getting admission in MBBS course in Haryana, has contended that the provision of 10 reservation to the unreserved economically backward classes, had raised the total reservation to 60 per cent of the total available seats in the state. And the provision was a violation to the directions of the Supreme Court in Indira Sawhney versus Union of India case, wherein theApex Court had directed that the total reservation should not cross 50 per cent of the total available seats.
Aggrieved by the prospectus issued by the Pt BD Sharma University of Health Sciences, Rohtak, the petitioner had submitted the university had provided 10 reservation to the economically backward persons out of the General (Unreserved) category on the basis of notification, dated January 23, 2013.
The petitioner had contended that in the Chapter VII of the Prospectus, 20 per cent of the total seats have been reserved for Scheduled caste category, in total 27 per cent for the Backward Class category, 3 per cent for the physically handicapped category and further 10 per cent reservation has been provided to the Economically Backward Persons. Thus, the total reservation had become 60 per cent of the total available seats which against the 50 per cent maximum limit stipulated by the Supreme Court.
The petitioner had further contended that there are tentatively 600 MBBS seats in all the government/government aided medical colleges. Out of this, 15 per cent seats are for All India Quota and rest 85 per cent State Quota, out of which 60 per cent seats have been reserved for different reserved categories, which is against the 50 per cent permissible limit. Out of the total State Quota seats, only 190 MBBS seats have been given to the General (Unreserved) category which is 40 per cent of the State Quota seats. The respondent State has earmarked 10 per cent (47 MBBS) seats to EBP which is ultra vires the Constitution as there is no provision in the Constitution to provide any kind of reservation on the economic criteria.
Putting a stay on the Division Bench of Justice Rajesh Bindal and Justice Darshan Singh asserted “No admissions on the basis of notification/instructions issued for providing reservation to economically backward persons in the general category shall be made for the session in question and onwards.
“Even the candidates who have already been admitted on the basis of reservation for economically backward persons in general category in pursuance to the order passed by this court on September 8 will not be entitled to the benefit thereof, as even the process of admission is still in progress and classes have not yet commenced,”
The HC has allowed the concerned university to conduct fresh counseling if required.