Jat group challenges HC order on quota
NEW DELHI, Jun 02, 2016, DHNS
A Jat community group on Wednesday approached the Supreme Court challenging an interim order of the Punjab and Haryana High Court staying the operation of a Haryana law granting quota to Jats.
Reservation was granted to five other castes in jobs and admission to educational institutes under the newly-carved Backward Classes (C) category.
Hawa Singh Sangwan, a former commandant of CRPF and President of Akhil Bhartiya Jat Aarakshan Sangharsh Samiti (ABJASS) contended the HC should not have stayed the provision while hearing a writ petition.
Writ petition“The operation of a legislation passed by a state legislature cannot be stayed during the pendency of a writ petition under which the said legislation is assailed,” his petition said. The petition also contended that it amounted to granting final relief which was not permissible under the law.
The Punjab and Haryana High Court, on May 26, had stayed the reservation for Jats and five other communities while hearing a plea challenging the constitutional validity of the Haryana Backward Classes (reservation in services and admission in educational institutions) Act 2016 that was passed unanimously by the state Assembly on March 29.
"The HC has failed to appreciate that the admissions in the educational institutes are likely to take place in the coming months and there are a many students who would have taken admission under the reserved category but deprived of the same due to the interim stay order," it said.
Reservation was granted to five other castes in jobs and admission to educational institutes under the newly-carved Backward Classes (C) category.
Hawa Singh Sangwan, a former commandant of CRPF and President of Akhil Bhartiya Jat Aarakshan Sangharsh Samiti (ABJASS) contended the HC should not have stayed the provision while hearing a writ petition.
Writ petition“The operation of a legislation passed by a state legislature cannot be stayed during the pendency of a writ petition under which the said legislation is assailed,” his petition said. The petition also contended that it amounted to granting final relief which was not permissible under the law.
The Punjab and Haryana High Court, on May 26, had stayed the reservation for Jats and five other communities while hearing a plea challenging the constitutional validity of the Haryana Backward Classes (reservation in services and admission in educational institutions) Act 2016 that was passed unanimously by the state Assembly on March 29.
"The HC has failed to appreciate that the admissions in the educational institutes are likely to take place in the coming months and there are a many students who would have taken admission under the reserved category but deprived of the same due to the interim stay order," it said.
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