SATISH HANDA
75% reservation in jobs for youths in Haryana state in private sector to employees up to Rs 50000 monthly salary notified by Haryana state government in Vidhan Sabha recently has been appreciated by the youths in the state, but at the same time opposed by entrepreneurs in trade and industry in the state. A private organization in the state has already moved an writ in Punjab and Haryana High Court against state government’s decision recently which was not admitted on the plea that the orders as per Haryana State Employment of Local Candidate Act 2020 approved in a recent Vidhan Sabha session has not been implemented so far.
According to applicant, the decision is not only un-justice to the rights of brilliant youths but also violates constitutional rights demanding Haryana state government to roll back the decision with immediate effect, failing which several organizations in trade and industry in the state may shift their business to other states after implementation of this law since most of the jobs in private sectors are offered on the basis of ability and qualification of a person not according to caste, creed, residency and sex of a candidate and such type of law approved by the state government is against the constitutional rights of capable youths.
Information reveals, after approval of notification by Haryana state government to offer 75% reservation in jobs to youths hailing from Haryana state in private sector in the state, Jharkhand government, too, has decided to offer 75% reservation in jobs up to the monthly salary Rs 30000 and the proposal is likely to be produced in the cabinet during next Vidhan Sabha session for approval stating that action will be taken against private firms disobeying directions. Information also reveals that few state governments had decided reservation policy in jobs for youths in their states in past also, which included Andhra Pradesh failed to implement the same because the decision was challenged in higher court that permission cannot be granted to provide employment on the basis of caste, community, sex and place of birth of a person which is not only unconstitutional but also encourage return of ‘Inspector Raaj’, discourage new industrial investment in the state and also weaken national unity.
According to experts, few states are trying to create obstacles between people in the country and there is utter need to strengthen and encourage trade and industry in the country and majority of industry entrepreneurs expressed dislike for government’s interference as regard employment infrastructure in their organizations falling under private sector in-spite of the fact country is facing unemployment among youths but such forcible decision is not a solution and giving the decision a legal shape is likely to bring negative results to this highly sensitive issue since our constitution does not permit such type of decisions in employment in private sector and does not fall under the influence of a government. According to information, states of Andhra Pradesh, Karnatka, Madhya Pradesh and Maharashtra had made similar announcements in past also but legal cases against their decisions are still under trial in courts when the same were opposed.
According to a former SCI chief justice R.M. Lodha, as per section 12 of constituency a state government cannot compel a company in private sector for reservation in employment on he basis of caste, creed, place of birth and sex of an applicant.
