New Delhi: A Haryana-based body of Jat community today moved the Supreme Court 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 the 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 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.
"The interim relief granted in favour of the petitioner amounts to grant of final relief which is not permissible under the law."
The petition said that the High Court "erred in law" in not holding that the state enactment was in accordance with law.
The Act was challenged by one Murari Lal Gupta of Bhiwani in the High Court.
The plea has been filed by Hawa Singh Sangwan, a former commandant of the 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 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.
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"The interim relief granted in favour of the petitioner amounts to grant of final relief which is not permissible under the law."
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The petition said that the High Court "erred in law" in not holding that the state enactment was in accordance with law.
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The Act was challenged by one Murari Lal Gupta of Bhiwani in the High Court.
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