HC raps state for misclassifying EWS reservation
The Punjab and Haryana High Court has virtually reprimanded the state of Punjab for breaching constitutional principles by categorising economically weaker section (EWS) reservations incorrectly as horizontal instead of vertical.
The admonition came as the Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma quashed “category-wise merit lists” dated July 17, 2020, for the general and the EWS category for appointment to the posts of Agriculture Development Officer. The state was also directed to reframe/re-cast the merit list. The Bench clarified that EWS candidates selected on the basis of merit and not on account of reservation would not to be counted towards the quota. The Bench was hearing a bunch of 12 petitions filed through senior counsel DS Patwalia and other advocates.
In its detailed judgment, the Bench labelled the deviation from constitutional mandates as a clear violation of established law, emphasising that the state of Punjab could not issue instructions/letters contrary to the provisions of the Constitution of India. “We are of the view that the action of the state is in violation of Articles 15 and 16 of the Constitution of India,” the court observed.
Referring to a letter dated October 30, 2020, issued in this regard, the Bench asserted: “It shows that the state of Punjab on its own ignored the provisions of the Constitution of India and has wrongly considered EWS reservation as horizontal.” The Bench asserted that the EWS fell within vertical reservation as outlined under Articles 15 and 16 of the Constitution, which mandate non-discrimination and equality in employment. Referring to the Supreme Court’s judgment in the case of “Janhit Abhiyan versus the Union of India”, the court observed it held that reservation categories for economically disadvantaged groups were required to align with constitutional frameworks. The case before the Bench involved the selection process for 141 posts of Agriculture Development Officer on the basis of an advertisement dated January 30, 2020. The Bench during the course of hearing was told that Punjab Public Service Commission (PPSC) had categorised the EWS reservation as horizontal rather than vertical, thereby excluding EWS candidates from the general merit list.
The Bench was also told that separate merit lists for the general and the EWS candidates were issued. All candidates shown eligible under the EWS list had higher marks than the ones shown eligible in the general category merit list. A candidate’s right to compete in the general/open category could not be taken away and the one having higher merit was liable to be considered against the general category post. The counsel for the petitioners contended that the general category merit list was illegal and liable to be set aside in view of Article 16 (6) of the Constitution.
