CHANDIGARH: The Punjab and Haryana high court on Thursday stayed the reservation to Jats and five other castes for admissions in educational institutions and government jobs under the economically backward persons (EBP) category.

A division bench comprising Justice Mahesh Grover and Justice Raj Shekhar Attri passed these orders while hearing a petition filed by Vikas, a resident of Gohana in Sonipat district, and others. The petitioners have challenged government’s order, issued on June 7, extending the benefit of reservation under the EBP category to six castes — Jats, Bishnois, Jat Sikhs, Rors, Tyagis and Mulla/Muslim Jats under the 2013 notification.

The bench has also issued notice to the secretary (personnel and training department), the principal secretary, welfare of scheduled castes and backward classes department and the Haryana Staff Selection Commission (HSSC) seeking response by September 14 on the contentions raised by the petitioners.

Arguing for the petitioners, senior advocate V K Jindal submitted that the benefit of EBP quota, cannot be extended to Jat and five other communities because it was notified in 2013 to provide reservation to those economically backward persons who have not been granted any benefit of reservation in any category.

Advocate Jindal submitted that Jats and five other communities were granted special backward class (SBC) quota in 2016 by the state government through ‘The Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act 2016.’

“Though reservation to SBC under The Haryana Backward Classes (reservation in services and admission in educational institutions) Act 2016 has been stayed and matter is still pending before the court. Under these circumstances, the state cannot extend the benefit of 2013 EBP quota to these six communities,” the petitioners had argued.

They have sought directions to set aside the June 7 notification of the state government and to direct the HSSC not to make appointments on the basis of June 7, 2017 notification granting benefit of reservation under EBP to Jat and five other communities.

Hearing the plea, HC stayed the June 7 notification of the Haryana government.

