Nainital, Sep 20 (PTI) The Uttarakhand High Court has sought a reply from the state government on a PIL challenging the constitutionality of an Act granting 10 per cent reservation to those who participated in the movement for statehood and their dependents in government jobs.
The legislation passed by the state assembly granting 10 per cent reservation to statehood agitators and their dependents in government jobs became an act in August this year when Uttarakhand Governor Lt Gen (retd) Gurmit Singh gave his assent to the bill.
Issuing a notice to the state government while hearing the PIL on Thursday, Chief Justice of the High Court Ritu Bahri and Justice Alok Kumar Verma asked for its reply within six weeks.
The court has asked the government to also present the data on the basis of which the quota was decided.
Meanwhile, the high court asked the petitioner to send a copy of the order to the state Public Service Commission so that further action in the matter is not taken.
However, it refused to put a stay on the act for the time being.
The PIL was filed by Dehradun resident Bhuvan Singh and others in the high court calling this new Act unconstitutional and demanding that it be repealed.
The petitioner informed the court that earlier while giving an important decision on this matter, the court had said that the state government cannot give reservation to the 'Rajya Aandolankaris' since all the citizens of the state were 'andolankaris' (agitators)
The state government did not challenge this order in the Supreme Court and passed a law on August 18, 2024 to grant the reservation, the PIL said.
This is against the order of the high court, it submitted.
Defending the state government's decision Advocate General of the state SN Babulkar said it has the right to make such laws.
The Supreme Court has given directions to make a new reservation policy for the people of financially weaker sections.
It was in the light of the apex court's directions that the state government has made a law granting reservation to statehood agitators and their dependents.