Contempt Plea Moved In P&H High Court Against Haryana Advocate General For Breach Of Undertaking In Court On EBPGC Quota

The plea has been moved by one Suresh Kumar through Advocate Sandeep Kumar Goyat seeking contempt proceedings against Baldev Raj Mahajan, AG, Haryana State, Shruti Jain Goyal, Deputy AG, Haryana State and Vijay Vardhan, Chief Secretary, Haryana.

Background in brief

Petitioner Suresh Kumar earlier moved a plea challenging Haryana State's Notification dated 27.09.2013, which provided 10% vertical reservation for Economically Backward Persons in General Castes category (EBPGC) of the State of Haryana, in jobs under Govemment/ Government undertakings and local bodies as well as in Educational Institutes.

It had been alleged in that plea the notification violated the mandate of law on the reservation on the basis of economic condition as well as the limit of 50% as provided in the in Indra Sawhney Vs. Union of India case.

Now, in May 2019, the AG of Haryana State had submitted before the Court that the status quo in respect of appointment in EBPG category shall be maintained by the State, however, the Government of Haryana withdrew the EBPGC Reservation in June 2019.

Against this backdrop, the plea avers that UHBVNL/HVPNL/DHBVNL and various other Departments, under the shelter of opinion rendered by AG & Deputy AG (that appointments could be made under EBPG category) gave appointments to the EBPG category candidates for the post of Shift Attendant and also to the candidate selected through other various advertisements.

The plea calls such appointments as totally illegal and unjustified and intentionally creating third-party rights and complications to defeat the rights of the petitioners.

"After the withdrawal of the EBPGC reservation on 05.06.2019, the question of giving appointment on these posts does not arise at all, but still the appointments are being made," the plea states.

Therefore, the plea seeks initiation of contempt proceedings under section 12 of the Contempt of Courts Act, 1971 against the respondents for willful and deliberate breach of the undertaking given on May 2019 before the Court in the CWP No. 10479 of 2019.