THE TRIBUNE, 15 September, 2017
http://epaper.tribuneindia.com/1357189/The-Tribune/TT_15_September_2017#page/8/2
Jat quota
Refer to ‘Resolve without reserve’ by Yogendra
Yadav (September 11), while dwelling upon the Punjab and Haryana High Court
judgment regarding Jat reservation, the writer has erred when he says that the
court allowed the government to go beyond the 50 per cent ceiling on all
reservations. A scrutiny of the judgment shows that in the matter of Tamil Nadu
reservation, the Supreme Court, in 2012, in the case of SV Joshi v. State of
Karnataka, had laid down that ‘if a State wanted to exceed 50% reservation, it
was required to base its decision on quantifiable data, which exercise had not
been done in the said case. Accordingly, the State of Tamil Nadu was directed
to place the quantifiable data before the Tamil Nadu State Backward Commission
and, on the basis of such quantifiable data amongst other things, the
commission would decide the quantum of reservation’. The writ petition was
disposed of with a direction to the state government to revisit and take
appropriate decision in the light of what was stated. In the matter of Jat
reservation, the Punjab and High Court has followed the said judgment of
the Supreme Court and directed the Haryana commission to carry out an
exercise to determine the extent of reservation, if any, to which the castes
mentioned in Schedule III of the 2016 Haryana Act would be entitled to
and also the quantum of reservation to be provided for them. The court further held
that the question regarding the 50 per cent limit being breached by providing
reservation in pursuance of the impugned legislation, and whether it is so
justified, can also be raised and considered by the commission.
Rajender Goyal,
BAHADURGARH
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