Supreme Court said- Haryana government should issue a new notification on OBC reservation
The Supreme Court has ordered the Haryana government to implement, within three months, the principle of recognition of creamy layer laid down in the Indra Sawhney judgment and Section 5(2) of the Haryana Backward Classes (Reservation in Service and Admission in Educational Institutions) Act, 2016. ) to issue a new notification as per the norms. The norms say that the basis of identity should be social, economic and other.
The order to decide the system of OBC reservation in Haryana was given by the bench.
A bench of Justice L Nageswara Rao and Aniruddha Bose has given this important order deciding the system of OBC reservation in Haryana, while disposing of the petitions of the Backward Classes Welfare Mahasabha Haryana and other petitions.
OBC reservation in jobs and admission in Haryana
Haryana Government passed the Haryana Backward Classes (Reservation in Service and Admission in Educational Institutions) Act 2016 to provide reservation in jobs and admission to educational institutions to other backward classes. Section 5 of this law says that any person falling in the creamy layer will not be eligible for reservation for OBCs.
OBC's creamy layer cannot claim reservation
The creamy layer of OBC cannot claim reservation in jobs and admission in educational institutions. Section 5(2) of the Act states that the Government shall, having regard to social, economic and any other grounds, issue a notification to exclude the creamy layer from the benefit of reservation.
Haryana Government had issued the notification on August 17, 2016
The Haryana Government had issued a notification on August 17, 2016, exercising the same power provided in the Act. It had said that the children of OBC category people whose annual income is up to Rs. 3 lakh will be given priority in giving the benefit of reservation in jobs and admission in educational institutions. IN the remaining quota, the benefit of reservation will be given to those people whose annual income will range from three lakh to six lakh. Those with annual income above Rs. 6 lakh will be considered as creamy layer. After this, a similar notification was issued by the state government on August 28, 2018.
The petitioners had demanded the Supreme Court to quash both the notifications.
The petitioners in the Supreme Court had sought quashing of both the notifications, saying that they violate Articles 14, 15 and 16 of the Constitution. In this, a class entitled to get reservation by sub-categorizing it into OBC itself, has been deprived of the benefit. Indra Sawhney judgment forbids to measure only the economic base.
The intention of the government was to extend the benefit of OBC reservation to the most deprived sections.
Justifying the notification, senior advocate Arun Bhardwaj, appearing for the Haryana government, argued that the government's intention behind it was to ensure that the benefits of OBC reservation reach the most deprived sections of that class. The government is empowered to do so by law.
Supreme Court rejects government's arguments regarding Indra Sawhney's decision
Rejecting the government's arguments, the Supreme Court has said that Indra Sawhney's decision had said that social advancement would be the criterion in determining the creamy layer.
The court said- open violation of the instructions given in the notification Indra Sawhney of August 17, 2016
The court also referred to the decision of Ashok Kumar Thakur. The court said that the notification dated August 17, 2016 is a clear violation of the directions given in the Indra Sawhney judgment.