Plea in SC against HC order staying quota for Jats, others

A Haryana-based body of Jat community moved the Supreme Court on June 1 challenging an interim order of the Punjab and Haryana High Court staying the recent provisions granting quota to Jats and five other castes under the newly-carved Backward Classes (C) category.

The plea has been filed by Hawa Singh Sangwan, a former commandant of CRPF and President of Akhil Bhartiya Jat Aarakshan Sangharsh Samiti (ABJASS).

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 ABJASS, in its plea which may come up for hearing before the apex court in a day or two, has sought an interim stay on the order passed by the High Court.

"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," the plea said.

It also deprecated the interim order of the High Court saying it amounted to granting final relief.

"The interim relief granted in favour of the petitioner amounts to grant of final relief which is not permissible under the law.

"...Because the High Court has committed a error of law by entertaining the writ petition contrary to its own PIL Rules, 2010," the leader of the Jat body said in his plea.

The petition said that the High Court "erred in law" in not holding that the state enactment was in accordance with law.

"While granting the interim stay the High Court 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.

The Act was challenged by one Murari Lal Gupta of Bhiwani in the High Court.