Punjab and Haryana high court on Thursday stayed the reservation for Jats and four other communities provided by the Haryana government under a newly carved Backward Classes (C) category. The high court passed this order while hearing a petition 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. At least 30 people were killed and over 320 injured during the violent protests and in clashes with the police. Property and assets worth hundreds of crores were damaged or destroyed in the violence that paralysed the state for nearly 10 days.
The Act was challenged by Murari Lal Gupta of Bhiwani, who was seeking direction to quash block 'C' of the act, which provides reservation to the Jat community under a newly carved Backward Classes (C) category. The petitioner submitted that reservation for the Jat community has been provided under the new act on the basis of the Justice KC Gupta commission report, which the Supreme Court has already quashed. The counsel for the petitioner stated that providing reservation on the basis of the Gupta commission report is tantamount to the revision of a judicial order, which the legislature cannot do. According to the counsel, only the judiciary can revise the findings on an issue already decided in a judicial order.
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