38.6c New Delhi, India, Saturday, August 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Domicile Quota in private jobs: Haryana moves Supreme Court challenging High Court decision

By Mahima Katal      05 February, 2024 05:51 PM      0 Comments
Domicile Quota in private jobs: Haryana moves Supreme Court challenging High Court decision

New Delhi: The Supreme Court has issued notice on the order by Haryana government which challenges the Punjab and Haryana High Court decision to quash a law reserving 75 per cent of private job positions for local candidates in Haryana.

The bench of Justices Aravind Kumar and PS Narasimha orally assured that it would list the matter for final disposal soon.

While striking down the Haryana State Employment of Local Candidates Act, the Punjab and Haryana High Court last year termed it unconstitutional.

The Act, which underwent several changes after it was passed in 2020, provided for 75% of private-sector jobs with a monthly salary or wages of less than Rs 30,000 being reserved for people with a resident or domicile certificate.

The domicile requirement had also been brought down from 15 years to five. The petition against the law was filed in the high court by the Gurugram Industrial Association and other employer bodies.

The petitioners had argued that the sons-of-the-soil concept behind the law was an infringement of the constitutional rights of employers. They had also said that the Act was against the principles of justice, equality, liberty and fraternity enshrined in the Constitution.

Now lets take a look over several arguments that were made regarding domicile reservation so far:

Arguments Against Providing Reservation Based on Place of Birth

- Article 16 in the Constitution of India refers to equality of opportunity in government jobs.

- Article 16(1) provides for equality of opportunity for all citizens in matters relating to 'employment or appointment' to any office under the State.

- Article 16(2) provides that there cannot be any discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.

Arguments in Favour of Providing Reservation Based on Place of Birth

- Article 16(3), allows for making provisions in government appointments with respect to residence (not place of birth).

- The Parliament (and not the legislature of a state) can prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or union territory.

Notably, some states have been using the loopholes in the laws to reserve government jobs for locals. They have used other criteria like language tests or proof of having resided/studied in the state for a certain period of time.

In Maharashtra, only those living in the state for over 15 years with fluency in Marathi are eligible. In Jammu and Kashmir, government jobs are reserved for domiciles. In West Bengal, reading and writing skills in Bengali is a criterion in recruitment to some posts.

Last year, the Govt of Karnataka issued a notification mandating private employers to give priority to Kannadigas for clerical and factory jobs in the state.

It is argued that giving preferential treatment to the residents of a state will help in rightful allocation of the resources of the state and would encourage people to work within the boundaries of their state.

This is also seen as a way to stop migration of people from backward states to metropolitans, thereby reducing the burden on such cities.

Court Judgments:

In 2019, the Allahabad High Court struck down a recruitment notification issued by the Uttar Pradesh Subordinate Service Selection Commission, which prescribed preference for women who were original residents of the state.

In the Kailash Chand Sharma vs State Of Rajasthan case, 2002, the Supreme Court ruled that residence, be it within a state, district or any other area, cannot be a basis for preferential reservation or treatment.

While the Constitution specifically prohibits discrimination based on place of birth, the Supreme Court, in DP Joshi vs Madhya Bharat case, 1955 has held domicile reservation, especially in educational institutions, as constitutional.



Share this article:

About:

Mahima Katal, journalist with a commitment to high-quality research, writing, and production. Proven...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM

TOP STORIES

sc-dismisses-plea-against-quashing-fir-in-case-of-suicide
Trending Judiciary
SC dismisses plea against quashing FIR in case of suicide of then MP Mohan Delkar

SC dismisses plea against quashing of FIR in ex-MP Mohan Delkar suicide case; Bombay HC’s 2022 order stands, no interference by Supreme Court.

18 August, 2025 12:21 PM
no-automatic-arrest-on-rejection-of-anticipatory-bail-supreme-court
Trending Judiciary
No Automatic Arrest on Rejection of Anticipatory Bail: Supreme Court [Read Order]

SC clarifies that rejection of anticipatory bail doesn’t mean automatic arrest; custody depends on investigation, conduct, and case facts.

18 August, 2025 12:27 PM
court-holds-surgeon-guilty-of-indulging-in-black-magic-during-hearing-sentenced-till-rising-of-court
Trending Judiciary
Court holds Surgeon guilty of indulging in black magic during hearing; sentenced till rising of court [Read Order]

Delhi court convicts surgeon for disrupting proceedings with ‘black magic’; sentenced till rising of court with ₹2,000 fine after apology.

18 August, 2025 12:40 PM
want-bravehearts-to-be-in-forces-sc-for-giving-insurance-cover-to-cadets-discharged-during-military-training
Trending Judiciary
'Want bravehearts to be in forces,' SC for giving insurance cover to cadets discharged during military training

SC seeks insurance cover, rehab and higher aid for cadets injured during military training, stressing need to support bravehearts joining armed forces.

18 August, 2025 04:00 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email