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2018 Supreme(P&H) 1914
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISIONAL BENCH)
Before
Hon’ble Mr. Justice Mahesh Grover
Hon’ble Mr. Justice Mahabir Singh Sindhu
C.W.P. No.15731 of 2018 (O&M)
Nisha Minor through her father
v.
State of Haryana & Ors.
{Decided on 07/08/2018}
Present:Shri P.R.Yadav, Advocate for the petitioners (in CWP Nos.15731,15857,16480,16485, 17186,17437 of 2018). Shri Shri S.K.yadav, Advocate for the petitioners (in CWP No.17273 of 2018).
Shri Rakesh Nagpal, Advocate for the petitioners (in CWP No.17978 of 2018).
Ms.Lavleen Dhaliwal, Advocate for the petitioners (in CWP No.18234 of 2018). Shri Kanhiya Soni, Advocate for the petitioners (in CWP No.18211 of 2018).
Shri Vikram Sheoran, Advocate for the petitioners (in CWP No.15966 of 2018).
Shri Krishan Singh,Advocate for petitioner(in CWP No.17167 of 2018).
Shri R.K.Verma, Advocate for petitioner (in CWP Nos.17279, 16375, 16376 of 2018).
Shri Samarath Sagar, Additional A.G. Haryana, Shri A.S.Virk, Advocate for respondent No.3-KUK.
Shri S.S.Gill, Advocate for petitioner (in CWP No.15955 of 2018).
Reservation – Backward Class – Backward Classes cannot be further sub-categorized on basis of income – There is absolutely no established co-relation between the socially backward and being economically deprived.
Headnote:Haryana Backward Classes Reservation in Services and Admission in Educational Institution, Act, 2016 – Reservation – Backward Class – Admission in Educational Institution – Backward Classes cannot be further sub-categorized on basis of income – Impugned notification contemplating that the children of those from amongst the Backward Classes having a gross annual income of up to three lakhs rupees shall first of all get the benefit of reservation in services and admission in educational institutions and the left out quota shall go to that class of Backward Classes of citizens who earn more than three lakh rupees but up to six lakh rupees per annum; set aside – Held; the end result is that the State has given a benefit with one hand only to take it away with the other – There is absolutely no established co-relation between the socially backward and being economically deprived. (Para 27)
There is another way of looking at it. Supposing a Class IV employee working in a metropolitan city, earns more than his counterpart in a suburb, or a small town but continues to remain economically disadvantaged on account of high costs of living, while his counterpart has more liquidity due to low costs of living and invests wisely to secure income for himself from other sources. The one in a big city would continue to remain as socially and economically disadvantaged though empowered in many other ways, as his counterpart who continues to be as socially disadvantaged though economically advantaged. In its application of the economic criteria as the one dictated by the State it helps the one who has lesser salaried income as he has acquired more from other sources but it has no co-relation to his social status. Both have not been liberated either from shackles of poverty or gained social status. (Para 22)
Mr. Mahesh Grover, J.-By this order we dispose of C.W.P. Nos.15731, 15955, 15966, 15857, 16375, 16375, 16480, 16485, 17167, 17186, 17273, 17279, 17437, 17978, 18211 and 18234 of 2018. These petitions have been filed by young aspirants to the M.B.B.S. Course for the current session. All of them belong to Backward Classes and are aggrieved of the notification dated 17.8.2016 issued by the State.
2. For the sake of convenience, brief facts have been taken from C.W.P. No.15731 of 2018.
3. Since it is germane to the controversy, we deem it appropriate to extract Annexure P-3 here below:-
“HARYANA GOVERNMENT WELFARE OF SCHEDUELD CASTES AND BACKWARD CLASSES DEPARTMENT
NOTIFICATION
The 17th August, 2016
No.808-SW (1)-In exercise of the powers conferred by clause (d) of Section of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016 (15 of 2016), the Governor of Haryana hereby specify the following criteria for exclusion of creamy layer within the Backward Classes as per the Schedule appended to the Act, namely Schedule I, II & III. The children of persons having gross annual income of up to Three lakh Rupees shall first of all get the benefit of reservation in services and admission in educational institutional. The left out quota shall go to that class of Backward Classes of citizens who earn more than Three Lakh rupees but upto Six Lakh rupees per annum. The sections of the Backward Classes earning above six lakh rupees per annum shall be considered as Creamy Layer under Section 5 of the said Act.”
4. We may notice another concern raised in the petition which however, has been rendered inconsequential on account of the statement made by the respondents before the Court where after realizing their mistake qua the information given in the prospectus, the same was rectified and the decision applied to all aspects regardless. Yet, for the purpose of being true to the record, we extract the orders passed by us on 6.7.2018 and 25.7.2018 on the statement made by the respondent:-
ORDER PASSED ON 6.7.2018:
“On the request of the learned counsel for the State, adjourned to 17.7.2018.
In the meantime, the petitioners shall be considered for the second round of
Counseling without conferring any equitable right in their favor. We also notice that there has been a serious lapse as far as the information set out on the website and the forms available regarding the criteria to be adopted qua the income to ascertain the backward class and the benefit flowing there from.
The prospectus containing erroneous information in terms of earlier notifications of 1995 and 2000 which according to the respondents themselves has been superseded in view of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016. It is not denied before us that the information given on the website and the available forms as also the prospectus was on the basis of the earlier superseded instructions and evidently this would have led to supply of improper information leading to serious consequences in ascertaining the merit of the candidates. We, therefore, make it clear that the admissions made to the B.C. category shall be subject to the outcome of the present writ petitions.
A photo copy of this order be placed on the files of the afore-numbered connected cases.
(MAHESH GROVER) JUDGE
6.7.2018
(MAHABIR SINGH SINDHU) JUDGE”
ORDER PASSED ON 25.7.2018:
“CM No.10210 of 2018 in CWP No.15731 of 2018
Notice of the application for 1.8.2018.
Main case
Affidavit of Geeta Bharti, IAS, Special Secretary to Govt. Haryana, Welfare of Scheduled Caste and Backward Classes Department, Haryana on behalf of respondent No.2 (In CWP No.15731 of 2018) has been filed in the Court today and the same is taken on record. A copy thereof has been supplied to the counsel opposite. On 6.7.2018 we had noticed certain anomalies that might have crept in on account of insistence of the State on the noti
