The Supreme Court overturns HC's one-line order on Haryana's 75% job quota law in private sector

Supreme Court On February 17 has overturned an order of the Punjab and Haryana High Court that had stayed a Haryana law that provided 75 per cent reservation in industries for youngsters with Haryana domicile.

Shyam Divan, representing Manesar Industrial Welfare Association, asked the top court not to vacate the stay granted by the high court. Pic: Reuters

Supreme Court On February 17 has overturned an order of the Punjab and Haryana High Court that had stayed a Haryana law that provided 75 per cent reservation in industries for youngsters with Haryana domicile.

A bench headed by Justice L. Nageswara Rao set aside the high court order and ordered no coercive steps should be taken, and the high court should decide the matter expeditiously and not later than the period of four weeks. "High Court order is set aside as the court has not given sufficient reason..." said the bench, according to a report by IANS.

Pointing at the one-line order of the high court, the top court said: "All statues can be done in one-line order?"

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There was a submission before the bench asserting that the high court was prima facie satisfied that the legislation was unconstitutional. As the solicitor general for the Haryana government, Tushar Mehta asserted that the high court only heard the matter for 90 seconds, which violates the principle of natural justice.

"In the meanwhile, the Haryana government should not take coercive steps against employers", said the bench.

According to senior advocate Dushyant Dave, representing a petitioner on caveat, there are over 49,000 companies registered in Haryana. He added that there is no reservation in the private sector, and it can only be done by Parliament.

"There is no empirical study, no data to give reservation", said Dave.

Shyam Divan, representing Manesar Industrial Welfare Association, asked the top court not to vacate the stay granted by the high court.

The Haryana government asserted in a special leave petition that the interim order was passed in violation of the law laid down by the top court in Bhavesh D. Parish vs Union of India (2000), as well as in violation of natural justice principles.

"It is submitted that the hearing granted by the High Court was a mere empty formality, whereby, the High Court with a predetermined conclusion opened the hearing by saying that the Act is liable to be stayed and thereafter did not afford any opportunity to the law officer appearing on behalf of the state of Haryana," said the plea. It further added, "Violation of principles of natural justice is manifest from the fact the entire hearing in the matter concluded within one minute".

(With Input from IANS)

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