Reservation laws are enabling and permissive in nature, and the court should not interfere unless there is a clear illegality.

S.S. SARON, J.

1. The petitioner has filed the present petition in the nature of public interest litigation for declaring Articles 15 (4), 15 (5) and 16 (4) of the Constitution of India as also the provisions of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016 as unconstitutional as these discriminate on the basis of caste or religion in the territory of India; besides, these laws alter the basic structure or framework of the Constitution and damage, emasculate, destroy, abrogate, change or alter the basic structure or framework of the Constitution.

2. The petitioner has mentioned his name, address, email Id, mobile number, Aadhar card number and PAN card number. A copy of his income tax return (Annexure P1) for the year 2016-17, has been placed on record. The petitioner states that he is an advocate by profession. He further states that he did not have his own identity in this world. The birth and name is given by others, education and experience is also given by others. Everything that he has in this world, it is submitted, has been given by others. Now, it was the right time for him to pay the debt and thus being citizen of India, it is stated that he is competent to invoke the writ jurisdiction of this Court by filing the present petition.

3. A reference has been made to the recent agitation i.e. the 'Jat Andolan' by a particular caste demanding reservations. This, according to the petitioner, is very harmful to the State of Haryana and also the nation. It is also stated that some other castes demand and protest against it. A reference has been made to various agitations in this regard. These agitations, according to the petitioner, were the product of the laws which discriminate on the basis of caste/religion in India. It is submitted that the great country should have one law, one Constitution and one Flag. Otherwise, such agitations would occur in series which were very harmful to the society and the nation. According to the petitioner, the division of society on the basis of caste is the problem which the society is facing.

4. The petitioner filed a similar petition i.e. Writ Petition (Civil) No. 235 of 2016 in the Supreme Court of India which was disposed of by a Three Judge Bench of the Supreme Court on 11.07.2016 with the following order:-

“Having heard learned counsel for the petitioner who is present in-person, we do not consider the present to be a fit case for our interference in exercise of our power under Article 32 of the Constitution of India.

The writ petition is accordingly dismissed.

We however make it clear that this order shall not prevent the petitioner from challenging the constitutional validity of any specific piece of legislation on any ground otherwise available to him in law before the jurisdictional High Court and to seek redress if any due to him.”

5. The petitioner has assailed the specific piece of legislation i.e. the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016. However, the said matter is already under consideration in the case of Murari Lal Gupta v. State of Haryana, CWP No. 9931 of 2016 and other connected matters. The petitioner may, if so advised, raise his contentions in the said cases. However, the present petition seeks the striking down the provisions of Articles 15 (4), 15 (5) and 16 (4) as unconstitutional as well, which for the present is quite far-fetched.

6. In T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, it was stated by way of an example that when by law a reservation is made in favour of a member of a backward class in the matter of appointment, the reservation is no doubt made on the basis of caste and that it was also true that to the extent of the reservation other citizens were discriminated against on one of the basis prohibited under Article 16 (1). Nevertheless, such legislation would be valid because the reservation is not only on th