Chandigarh

Haryana Assembly today unanimously passed a Bill to provide reservation to Jats and five other communities in government jobs and educational institutions, ahead of the April 3 deadline set by the community which had launched a violent agitation last month.

Congress members did not attend the session today as they were demanding revoking the suspension of their three MLAs.

Haryana Chief Minister Manohar Lal Khattar today introduced two Bills – Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill, 2016 and Haryana Backward Classes Commission Bill, 2016 – in the ongoing Budget Session which were passed unanimously by the House.

Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill, 2016, proposed to give statutory status to Backward Classes Block ‘A’, Backward Classes Block ‘B’ and Backward Classes Block ‘C’ by enacting the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016.

Haryana government will request the central government to include this Act in 9th Schedule read with Article 31B of the Constitution.

The Bill proposed to give reservation to Jats and five other castes – Jat Sikhs, Rors, Bishnois, Tyagis and Mulla Jat/Muslim Jat – by constituting a new classification Block ‘C’ in the Backward Classes category.

The Bill proposed to give 10 per cent reservation to Jats and five other castes in government and government aided educational institutions and Class III and IV government jobs.

The Bill also proposed to give 6 per cent reservation to Jats and five other castes in BC ‘C’ category in class I and II jobs.

In case of BC ‘A’ and BC ‘B’ category, the Bill provides for raising the reservation from 10 to 11 and 5 to 6 per cent respectively for Class I and II jobs.

For Economically Backward Persons (EBP), the reservation percentage was proposed to be hiked from 5 to 7 per cent for Class I and II jobs.

The Bill states that notwithstanding anything contained in this Act, the state government may provide horizontal reservation for such category or categories of persons within Backward Classes as it may deem necessary from time to time.

Jat leaders have been demanding reservation in the existing Backward Classes (BC) category. The BC quota is bifurcated into two – BC ‘A’ and BC ‘B’ having 16 and 11 per cent, respectively.

Under BC ‘A’ and BC ‘B’ categories, 71 and 6 castes are currently availing reservation benefits, respectively.

Opposition Congress had favoured the quota for Jats. The party which has 15 MLAs, boycotted the assembly session today as it was demanding revocation of its suspension of its three legislators who were suspended for six months after they tore the copies of Governor’s Address.

The Haryana Backward Classes Commission Bill, 2016 proposed to set up a permanent mechanism and give a statutory status to the Haryana Backward Classes Commission after a gap of 24 years.

Jats had threatened to relaunch their agitation on March 18 but put it off till April 3 after the BJP government assured them that it would bring the Bill in the ongoing Budget session.

Jats had last month launched a stir demanding reservation in BC category. The agitation, which had taken a violent turn, left 30 people dead and 320 persons injured and resulted in huge damage to property.

Jat leaders had said in case the reservation breaches the 50 per cent ceiling, then the government should include the proposed legislation in the ninth Schedule of the Constitution to protect it in case of judicial scrutiny.

The classification of BC ‘A’ and BC ‘B’ has been given statutory status.

While reservation has been increased in Class I and II posts for BC ‘A’, BC ‘B’ and EBP, the percentage of reservation will not be changed in Class III and IV posts.

Both the bills were passed by voice-vote in about 12 minutes. Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Bill was seconded by BJP’s Ravinder Machroli.

Although INLD supported the Bill, Leader of Opposition and senior INLD leader Abhay Singh Chautala raised concern over the provision that the government shall at the expiry of 10 years from the coming into force of the Act and at every succeeding period of 10 years thereafter, undertake revision of the Schedule.

According to provisions of the reservation Bill, notwithstanding anything contained in the Act, no person belonging to the creamy layer of the Backward Classes shall be considered for admission in educational institutions against the seats reserved therein for Backward Classes as specified in the Schedule or entitled to claim reservation in or be considered for appointment in services under the state against the posts reserved for the BCs as specified in the Schedule.

The government shall, by notification, after taking into consideration special, economic and such other factors, as deemed appropriate, specify the criteria for exclusion and identification of persons belonging to the Backward Classes as creamy layer. The criteria fixed under sub-section (2) shall be reviewed every three years, the Bill states.

Giving detailed background, it said since the state government had already extended benefit to five castes namely – Jat, Jat Sikh, Ror, Bishnoi and Tyagi — on the recommendations of Justice Gurnam Singh Commission report, as such, these castes were included in the list of Backward Classes on February 5, 1991 and reservation to these castes was also extended on April 5, 1991.

However, later on these notifications were withdrawn by the government on September 12,1991, it said.

Ever since the then state government had been receiving various representations from various quarters to include castes in the list of Backward Classes for providing reservation in government jobs and educational institutions, as such, the Haryana government, vide its notification dated April 8, 2011, reconstituted the Haryana Backward Classes Commission under the Chairmanship of Justice K C Gupta (retd).

The terms of reference of this Commission were to entertain, examine and recommend upon requests for inclusion and exclusion of castes in the list of Backward Classes. A study in this regard was also conducted by Justice Gupta Commission from Maharshi Dayanand University, Rohtak and the Commission submitted its recommendations to the government on December 12, 2012.

The then Council of Ministers accepted recommendations of the Commission in its meeting held on December 12, 2012.

The Chief Secretary, vide his demi-official letter dated December 14, 2012, forwarded the case to the central government for inclusion in the Central list of OBCs.

The state government was satisfied that the report of the Commission was based on quantifiable data and strong evidence, which indicates that not only the above five Castes/Classes are backward classes socially and educationally and they also comply with all legal norms suggested in Indra Sawhney’s (CWP 930 of 1990) case, which has made it imperative for the state to provide these Castes/Classes ten per cent reservation in relaxation of general rule of 50 per cent in terms of paragraph 810 of the Indra Sawhney’s case.

“It may not be out of place to mention that reservation in Haryana has already touched the 50 per cent threshold as prescribed by the Supreme Court of India. However the case law established by Indra Sawhney’s case does not limit the powers for providing reservation to classes by the Executive or Legislative Branches,” it said.

As per the SC judgement, reservation should not ‘exceed 50 per cent of the appointments in a grade, cadre or service in any particular year. It is only for extraordinary reasons that this percentage may be exceeded. However, every excess over 50 per cent will have to be justified on valid grounds which will have to be specifically made out”.

As a large percentage of the population of Haryana suffering from social and educational backwardness for many years have started enjoying the fruits of reservation and have been able to improve their lot and attain better living conditions, the same must be extended in view of the need for those who have not been represented or have been under-represented in the reservation policy in view of them being backward educationally as well as socially and as such to be treated as Backward Classes Block ‘C’.

This Act would be called the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016, the Bill states.

While making appointment and admission to educational institutions, reservation shall be made for the members of the Backward Classes as specified in the Schedule.

The government by notification may appoint any officer to be the competent authority for the purposes of carrying out the provisions of this Act.

Meanwhile, the Haryana Backward Classes Commission Bill, 2016 was also passed in addition to the reservation Bill, to set up a permanent mechanism and to give a statutory status to the Haryana Backward Classes Commission, after a gap of 24 years.

The Bill was moved by Khattar to enact a separate legislation whose advice shall ordinarily be binding on the state government.

The Haryana Backward Classes Commission Bill said since the then state government had been receiving various representations from various other castes including Jat, Jat Sikh, Ror, Tyagi, Bishnoi and MuIla Jats/Muslim Jats for providing reservation in government jobs and educational institutions, the state had in 2011 reconstituted the Haryana Backward Classes Commission under the Chairmanship of Justice K C Gupta (retd).

On the basis of study got conducted by the Commission from Maharshi Dayanand University, Rohtak, it submitted its recommendations on December 12, 2012 and recommended 10 per cent reservation in employment in Group ‘C’ and ‘D’ posts and in admission in educational institutions for these castes in addition to the already notified 27 per cent reservation to the Backward Classes.

Four per cent reservation was also provided in Group ‘A’ and ‘B’ posts on February 28, 2013 (later on increased to 5 per cent on July 15, 2014).

“The above decision of the State Government was challenged by various individuals and associations in Punjab and Haryana High Court. Thereafter, it was suggested that the State Government may give statutory status to the Haryana Backward Classes Commission on the pattern of National Commission for Backward Classes Act, whose advice shall ordinarily be binding upon the state government…,” it said.

Notably, statewide protests erupted demanding reservation in government employment and admission in educational institutions. On the basis of report of the Committee constituted under the Chairmanship of Haryana Chief Secretary, the state government has decided to set up a permanent mechanism and to give a statutory status to the Haryana Backward Classes Commission by enacting a separate legislation.

Moreover, demands of inclusion, deletion or change of Blocks within the Backward Classes are likely to arise in future also from different communities, it said, adding “therefore, it has become imperative that Haryana Commission for Backward Classes be set up.”

The Bill states that the Commission shall consist of members to be nominated by the state government. It will have a Chairperson, who is or has been a Judge of the High Court.

The members would include a social scientist; two persons who have special knowledge in matters relating to Backward Classes; and a Member-Secretary, who is or has been an officer of the state government not below the rank of secretary to the state government. Every member shall hold office for a term of three years from the date he assumes office. A member may resign from his office at any time.

PTI