Justice Ajay Tewari Of PH High Court Recuses From Hearing Pleas Challenging Haryana's 75% Job Quota For Locals Law

Update: 2022-03-09 06:36 GMT
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Justice Ajay Tewari of Punjab and Haryana High Court today recused himself from hearing a bunch of pleas challenging the Haryana law (The Haryana State Employment of Local Candidates Act 2020) which provides 75% reservation for local people in the private sector jobs having a monthly salary of less than Rs 30,000.Following his recusal, now the matter will be sent before the Chief Justice to...

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Justice Ajay Tewari of Punjab and Haryana High Court today recused himself from hearing a bunch of pleas challenging the Haryana law (The Haryana State Employment of Local Candidates Act 2020) which provides 75% reservation for local people in the private sector jobs having a monthly salary of less than Rs 30,000.

Following his recusal, now the matter will be sent before the Chief Justice to place the same before an appropriate bench. Till now, the Bench of Justice Ajay Tewari and Justice Pankaj Jain had been hearing the matter.

It may further be noted that the Union of India has also filed its reply in the matter. The High Court has been asking the Centre to file its reply in the matter, however, it had failed to do so till now.

During the course of the last hearing as well, the High Court had directed the Union Government to file its response on a bunch of pleas challenging the Haryana law (The Haryana State Employment of Local Candidates Act 2020).

On February 22 as well, the Bench of Justice Ajay Tewari and Justice Pankaj Jain had asked the Centre to file its response in the matter, however, when the matter was heard further on March 4, the Union, which appeared through the ASG Satya Pal Jain, informed the Court that it had nothing to say in the matter.

It was his contention that since the matter pertains to state law, therefore, they don't have anything to submit, however, rejecting this submission, the Court had directed the Union to file a para wise reply to the writ petitions by March 8. The same has now been submitted.

Earlier, the Court had decided that the matter would be heard on 9th and 10th for petitioners' arguments, and on March 14, the State would argue. On March 15, the Union would respond and the Petitioners would get a chance to present rebuttal arguments.

It may be noted that On Feb 22, the Bench had noted it with regret that the Union of India did not enter its appearance despite being served and despite the fact that the Solicitor General of India had personally appeared in the matter on February 3, 2022.

The Court had also noted that the Solicitor General of India had himself conceded before the Court that these petitions involve substantial questions of law which would have to be gone into by this Court, however, the Union still did not enter an appearance in the matter.

Read more about what the Court said in the previous two hearings here:

Punjab & Haryana HC Again Directs Centre To File Reply On Pleas Challenging Haryana's 75% Job Quota For Locals Law

"Can't Absolve UOI Of Its Duty To File Reply On Pleas Against Haryana's 75% Job Quota For Locals Law": P&H High Court

It may be noted that the Supreme Court has already expressed a desire that a decision over the pleas challenging the Haryana State Laws be taken on or before 16.03.2022.

Senior Advocate Akshay Bhan, with Advocates Rohit Nagpal, Hiresh Choudhary, Surbhi Sharma, Ivan Singh Khosa, Shivam Grover, Akhilesh Barak appeared for the petitioner in CWP-24967-2021. Advocate Jeetender Gupta appeared for the petitioner in CWP No. 3860 of 2022. Sr. Advocate Anupam Gupta, with Advocates Tushar Sharma, Gautam Pathania, Sukhpal Singh, Shekhran Singh Virk appeared for the petitioner in CWP-26573-2021 & CWP-1698-2022. Advocate G. S. Bhanda appeared for the petitioner in (CWP-584-2022). Advocate Reena Choudhary and Advocate Vishal Sharma appeared for the petitioner in CWP-25037-2021 & 25539-2021. Addl. AG Jagbir Malik appeared for the state of Haryana

Case title - FARIDABAD INDUSTRIES ASSOCIATION v. STATE OF HARYANA AND ANOTHER

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