The Haryana Akhil Bhartiya Jat Aarakshan Sangharsh Samiti on Wednesday moved the Supreme Court challenging the Punjab and Haryana High Court's interim order staying the operation of the Haryana law providing for Jat reservation.
The high court had on May 26, by an interim order, stayed operation of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016, providing for 10 per cent reservation for Jat, Jat Sikh, Ror, Bishnoi, Tyagi, Mulla AJat and Muslim Jat.
The top court has been moved by the Samiti president, Hawa Singh Sangwan, who has contended that the operation of a legislation passed by a state assembly could not be stayed during the pendency of a petition by which the validity of the law providing for the reservation has been challenged.
Sangwan has contended that because of the interim stay granted by the high court, a number of students belonging to Jat community were deprived of taking the benefits of reservation for admission to professional courses in medicine, law, engineering and technical field. It said that admission process for academic year 2016-17 has already started.
Similarly, the petition said that stay order would adversely affect the members of Jat community in the recruitment for 41,735 posts of different categories for which the Haryana Staff Selection Commission has already issued advertisements.
Besides this, the petition says that the high court, by an earlier judgment, had held that the vires of a legislation cannot be challenged by way of public interest litigation.
Citing the 2012 case in this regard, Sangwan's petition said that the PIL by Murari Lal Gupta on which high court had passed the May 26 interim order putting on hold Jat reservation was not maintainable.