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Haryana Government challenges Stay Order on 75% Job Reservation in Supreme Court

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Reservation Law Insider

Mitali Palnitkar

Published On: February 04, 2022 at 16:31 IST

An Appeal has been filed in the Supreme Court by the Haryana Government challenging an Order passed by the Punjab and Haryana High Court. The Order had put a Stay on the State Law which provides 75% Reservation for local candidates in the private sector jobs.

The Supreme Court agreed to hear the Appeal of the Haryana Government on February 7, 2022 after an urgent Hearing was sought by Solicitor General Tushar Mehta.

The Bench headed by Chief Justice of India NV Ramana took a note of the submissions of the Solicitor General of India. The Bench also comprised of Justices AS Bopanna and Hima Kohli.

The Solicitor General had stated that the Bench which put a Stay on the Act had just given him 90 seconds for arguing on behalf of the Haryana Government. In that Hearing, the Bench of Justices Ajay Tewari and Pankaj Jain stated, “We have heard the learned Solicitor General of India. We admit the Petition and Stay the Act.”

The Solicitor General had stated, “After hearing me for 90 seconds they admitted the Petition and Stayed Statutory enactment. The Order hasn’t come out. Kindly list it on Monday subject to my placing the Order on record.”

The Plea had been moved in January 2021 by the Faridabad Industries Association before the Punjab and Haryana High Court. The Plea was admitted and a Notice was issued to the State Government of Haryana.

The Law of Haryana Government provides Reservation for ‘Llocal candidate’. Under the Haryana State Employment of Local Candidates Act, 2020, a local candidate has been defined as the one ‘domiciled in the State of Haryana’.

As per the Law, every employer shall employ 75% local candidates for posts where the gross monthly salary is not more than Rs 30,000. The Act covers private companies, societies, trusts, and partnership firms. It had come into force on January 15, 2022 and was made applicable for ten years.