Punjab fails to file reply on reservation issue in HC

Chandigarh, Nov 6 (UNI) The Punjab government has failed to file its response in the Punjab and Haryana High Court in the contentious issue of retention of reservation-within-reservation in the ongoing selection of over 10,000 teachers from various categories for the state-run schools.

The matter came to light when the counsel for the Punjab government sought adjournment on the hearing of the writ petition filed by Hardip Singh and others of Ludhiana.

The petitioners sought a stay on the selection and appointment of the teachers by retaining 50 per cent of the popsts reserved for Scheduled Castes for Balmiki and Mazhbis castes, a gross violation of Supreme Court's decision.

The High Court order of July 25, quashing Punjab government's instruction of May 5, 1975, earmarking 50 per cents posts reserved for the Scheduled Castes for the candidates belonging to Balmiki and Mazhbi category, as also by the Apex Court decision in E V Channiah's case, was re-validated through the latest law.

Such a move is cosidered unconstitutional as the Apex Court had held that no state legislature was empowered to tinker with the 1950 Presidential list of Scheduled Castes or to provide for reservation within reservation for any particular category of SCs.

However, the Punjab government counsel prayed for adjournment on the ground that the state Advocate General Rajinder Singh Cheema was out of town and as such could not attend the hearing.

A division bench comprising acting Chief Justice Surinder Singh Nijjar and Justice Surinder Singh Saron today adjourned the hearing to November 20 for arguments and observed no further adjournment would be granted.

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