Haryana moves Supreme Court challenging High Court decision to strike down 75% domicile quota in private jobs

The Supreme Court on Monday issued notice on a plea by the Haryana government challenging a Punjab and Haryana High Court decision to quash a law reserving 75 percent of private job positions for local candidates in Haryana [State of Haryana vs Faridabad Industries Association and anr].A bench of Justices Aravind Kumar and PS Narasimha orally assured that it would list the matter for final disposal soon..The bench was hearing the Haryana government's appeal challenging a November 2023 Punjab and Haryana High Court judgment.By this judgment, the High Court had quashed the Haryana State Employment of Local Candidates Act, 2020 which provided for 75 percent reservation in private sector jobs to persons domiciled in Haryana.The High Court had ruled the powers of the State legislature cannot be exercised to the detriment of national interest or directly encroach upon the power of the Union government.The High Court had added the State cannot force a private employer to discriminate by employing a local candidate, as it could lead to more such similar State enactments that could put up "artificial walls" throughout the country..Solicitor General Tushar Mehta appeared for the Haryana government before the apex court today and stated that the judgment under challenge was not well reasoned.He then pressed for an early date for the final disposal of the matter, given its urgency..The law in focus was brought in by the coalition government of the Bharatiya Janata Party and Jannayak Janta Party. The law was championed by Haryana Deputy Chief Minister and JJP leader Dushyant Chautala and passed in 2021. The Act provided for 75 percent reservation for local youth in private sector jobs with a monthly salary of less than ₹30,000 from January 15, 2022. Short-term work and a host of primary services were later exempted from the provisions of the law.It applied to all companies, societies, trusts, partnership firms, limited liability partnership firms and any person employing ten or more persons or any entity notified by the government.In February 2022, the Punjab and Haryana High Court stayed the law, after its validity was challenged. The said stay order was later set aside by the Supreme Court. At the time, the Supreme Court, however, directed the government not to take any coercive steps against private-sector employers for a failure to comply with the law until its validity is decided upon by the High Court. In November 2023, the High Court struck down the law, prompting the Haryana government to file an appeal before the Supreme Court. .Wholesale quotas frustrate purpose of reservation: Supreme Court asks Madhya Pradesh to review 75% domicile quota in B.Ed colleges.The plea before the top court by the State of Haryana was filed through advocate Akshay Amritanshu. Caveats moved by the industry associations were filed through advocate Dhruv Gautam.