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Supreme Court of India 2020-07-23 allowed

Sunil Rathee & Ors vs State of Haryana & Ors

Bench: 1 — Aniruddha Bose

In Brief

The Supreme Court transferred a writ petition from the Punjab and Haryana High Court challenging a Haryana notification providing 10% reservation for economically backward persons in general category government jobs. The petitioners, aspirants for shift attendant posts, argued the reservation breached the 50% ceiling laid down in Indra Sawhney. The Court found that identical constitutional questions were already pending in Civil Appeals before it regarding a similar Gujarat ordinance. Under Article 139A, where both jurisdictional conditions were met—same substantial questions of law and questions of general importance—the Court exercised its discretion to transfer the case to itself for consolidated adjudication, distinguishing prior authority that had resisted such transfers in different factual contexts.

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Constitutional Law Public Employment Reservation Economically Backward Classes Transfer Jurisdiction Articles 139A/136

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