Chandigarh: The Punjab High Court and Haryana on Wednesday issued a notification to the Government of Haryana on the request that accused the arbitration in the steps of Haryana’s government to order seats for the election of the country (BC) in the city election.
The division bench led by the Chairman of the Judge Ravi Shanker Jha from HC has issued a notice after recognizing the petition submitted by RAM Kishan Mehlawat, a resident of the District Rewari.
The applicant has been looking for the association of 70A rules from the rules of the city of Haryana (amendment), 2020 so far it tries to order the number of presidential offices for BCS proportionally with the BCS population ratio to the total population of the country.
According to the applicant, the order scheme contained in the 70-A rule is without a rational basis as the number of posts provided will be calculated by the absence of reliable numbers from the BCS population in the state.
Advice for the applicant, Deepkaran Dalal argues that positive discrimination in the form of reservations can be made to achieve the mandate of Article 14, but the reasons behind such laws cannot be ignored.
Such further legislation must answer a failedness test that fails where the law will be referred to as Ultra Vires article 14.
“In this case, even though the laws stabbed are said to provide proportional reservations to BCS based on their total population, but said a reservation It is without the basis that can be justified including but not limited to data that ensures the total population of BCS belongs to the state.
The basis for determining a population of a country is a decimal census carried out by the Indian government where population numbers are collected according to the schedule issued by the authority Census and then published in accordance with the census law.
The state authority when it comes out with a downgraded reservation scheme has ignored the fact that according to the last census schedule, the census-2011, the population is only branched into the ska and the general category and no data related to the population BCS WA is collected, “Dalal bang Endancap.
It was also conveyed that the country was asked to collect empirical data in the form of surveys etc.
With the absence of empirical data that ensures BCS’s backwardness in Haryana and their population, determining the number of presidential offices provided for BCS in the rules of 70A (i) the rules of the city of Haryana (amendment), 2020 illegal, arbitrary, mala fide and must be set aside -aly that are not constitutional.
On September 17, a period of five years from several city bodies ended and the state would hold elections according to the rules that were amended.
Haryana: Reservations for backward classes in Civic polls under the HC lens
