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HC raps state for providing erroneous info

July 10, 2018 06:09 AM

COURSTEY THE TRIBUNE JULY 10

HC raps state for providing erroneous info
Tribune News Service

Chandigarh, July 9

Nearly two years after the Haryana Government issued a notification, sub-classifying backward classes solely on the basis of economic criterion, the Punjab and Haryana High Court has rapped the state for a “serious lapse” and providing erroneous and outdated information.
The admonition by the Bench of Justice Mahesh Grover and Justice Mahabir Singh Sindhu came on a petition filed by a 17-year-old student from Rohtak, Nisha, through counsel PR Yadav. She had qualified the National Eligibility-cum-Entrance Test-2018 before applying for admission in Haryana.
He added the petitioner belonged to the BC-A category and her rank in the merit in category was around 20. But she could not make it because a notification issued by the State of Haryana gave first preference to candidates in the BC-A category, whose parents' income was up to Rs 3 lakh per annum.
As the case came up for resumed hearing, the Bench noticed a serious lapse regarding information on the website and the forms on the criteria to be adopted for the income to ascertain "backward class and the benefit flowing there from".
The Bench observed the prospectus contained erroneous information in terms of earlier notifications of 1995 and 2000, which the State and other respondents said were superseded following the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016.
“It is not denied before us that the information given on the website and the available forms, as also the prospectus, was on the basis of the earlier superseded instructions and evidently this would have led to supply of improper information leading to serious consequences in ascertaining the merit of the candidates. We, therefore, make it clear that the admissions made to the BC category shall be subject to the outcome of the present writ petitions,” the Bench added.
Describing impugned notification dated August 17, 2016, as “illegal, arbitrary, ultra-vires of the Constitution of India”, Yadav had earlier contended it violated Articles 14, 15 and 16 as well as the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016. As such, it was liable to be quashed.

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