Supreme Court Clubs Haryana Issue With Gujarat Case For Deciding Validity Of EWS Quota In Unreserved Category.

Petitioner’s Advocate Submitted In His Petition That The Matter Pending Before PHHC Is Being Delayed Only Because Of The Pendency Of Similar Matter Before Supreme Court. It Will Now Heard And Decided By Supreme Court As It Allowed The Transfer Of All Related Petitions From PHHC.

Petitioner Challenging The Haryana Govt’s Notification Providing 10% Reservation To EWS Of Unreserved Category In Haryana Violating The Law Laid Down By Supreme Court. Now It Is Decided By SC To Clubbed Such Matter With Similar Gujarat Case.

Clubbing of Case by Supreme Court in EWS Quota In Unreserved Category.
Clubbing of Case by Supreme Court in EWS Quota In Unreserved Category.

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FACTS OF THE CASE:- Petitioner Have Been Seeking Direction To Set Aside The Notification Of Haryana Govt Which Provided 10% Reservation For EWS From Unreserved Category In State Jobs, Which Violates The Law Laid Down By Apex Court In INDIRA SAWHNEY Vs. UOI.

Advocate Of Petitioner Filed The Petition In Supreme Court For Withdrawal Of The Case By SC From PHHC Under Article-139A Of The Constitution That The Question Of Law Involved Ought To Be The Same Or Substantially The Same As Those Involved In The Case In PHHC.

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FINDING OF THE CASE:- Apex Court Ordered For Allowing The Petition. J. Anirudha Bose Of The SC While Withdrawing The Hearing Of The Case From PHHC Said That The Point Involved In A Similar Matter Pertaining To The State Of Gujarat Pending Before The SC & The Petitions Pending In The PHHC Requires Adjudications Of Substantially The Same Question Of Law. These Question Have Arisen In 2 Different States & These Are Substantial Question In General Importance.

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CONCLUSION:- The Provision Of Article-139A Of The Constitution Relating To Withdrawal Of A Case From High Court To The Supreme Court On The Ground Of Pendency Before This Court Of A Case Involving The Same Or Similar Question Of Law Contemplates Fulfilments Of Two Conditions:-

First- The Case Pending Before This Court, The Question Of Law Involved Ought To Be The Same Or Substantially The Same As Those Involved In The Case In High Court.

Secondly- While Exercising The Jurisdiction Vested In It Under Article-139A Of The Constitution Must Be Satisfied That Such Questions Are Substantial Question Of General Importance.

Such Satisfaction Can Be Made By SC On This By Its Own Motion, On An Application Of Attorney General Or On The Basis Of An Application Made By A Party To Any Such Case.

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This post is written by Ramandeep Kaur.

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