75% Quota in Private Jobs: SC Issues Notice to Centre Over Haryana's Plea Against HC Verdict

Supreme Court issued notice to Centre seeking its response to Haryana government's petition challenging the verdict by High Court that declared reservations in private jobs unconstitutional.

The Supreme Court heard the petition on Monday and said it will list the case for final disposal.

The Supreme Court on Monday issued notice to Centre seeking its response to Haryana government's petition challenging the verdict by the Punjab & Haryana High Court that declared the Haryana State Employment of Local Candidates Act, 2020 "unconstitutional."

The Haryana government had introduced the law to provide 75 per cent reservation in private sector jobs to the residents of the state.

A bench of Justices PS Narasimha and Aravind Kumar heard the petition and issued notice to Centre and the Faridabad Industries Association seeking response to the the state government's petition.

Solicitor General Tushar Mehta who represented the Haryana government, told the top court that the high court ruling was devoid of reasoning.

In November 2023, the Punjab & Haryana High Court struck down the said law as unconstitutional and violative of Part III of the Constitution of India. The high court had observed that the said law violated the concept of constitutional morality as it introduced a secondary status to a set of Indian citizens not belonging to the state of Haryana. The court ruled that this law curtailed citizens' fundamental rights to earn their livelihood.

The said law included private jobs offering a maximum gross monthly salary up to Rs 30,000. The high court held that it is beyond the purview of the state to make laws on this issue and restrict private employers from hiring from the open market for the category of employees who were receiving less than Rs 30,000 per month. 

The law was applicable to employers of private sector companies, societies, trusts, limited liability partnership firms, partnership firms, and any person who employs 10 or more persons on salary, wages, or other remuneration for manufacturing, carrying on business, or rendering any service in Haryana.  

The Supreme Court heard the petition on Monday and said it will list the case for final disposal.