CWP No.20741 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 20741 of 2011 Date of decision 14.12.2011 Jagjit Singh and another . Petitioners Versus Union of India and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. A.C. Jain, Advocate for the petitioners 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. 1. This petition filed under Article 226 of the Constitution prays for quashing notifications dated 8.4.2011 (P.2) and 7.6.2011 (P.2A) constituting the Haryana Backward Classes Commission for the purpose of entertaining and recommending for inclusion in the list of other backward classes on request made by Jats, Jat Sikhs, Rors, Tyagi and Bishnois in the list of other Backward Classes of the State and also to hear the complaints in that regard. The Chairman of the Commission is former Judge of this Court ( K.C. Gupta, J.) with three members S/Shri Jai Singh Bishnoi, Som Dutt, Advocate and Arjan Dev Gulati. 2. When the matter came up for consideration on 9.11.2011, the argument raised was that the Members of the Commission did not have any special knowledge of Backward classes in the State of Haryana and reliance was placed on the provisions of National Commission for Backward Classes Act, 1993 (for brevity 'the 1993 Act'). Section 3(2)(c) of the 1993 Act stipulated that a Member should have special knowledge CWP No.20741 of 2011 2 of backward classes. However, this Court confronted the learned counsel with the query as to how the provisions of 1993 Act were applicable to the constitution of State Commission. Thereafter, the matter was adjourned on two occasions. 3. On the resumed hearing, an affidavit of the petitioner has been filed and reliance has again been placed on the provisions of Section 3(2) of the 1993 Act. 3. After hearing learned counsel for the petitioner at a considerable length, we are of the considered view that the instant petition is wholly mis-conceived. A former Judge of this Court has been made Chairman of the Commission and the proceedings of the Commission have to be conducted under the Chairmanship of the former Judge. Even other member like Shri Som Dutt is an Advocate and it cannot be said that he has no knowledge or special knowledge about the backward classes. Likewise other members namely Shri Jai Singh Bishnoi and Arjan Dev Gulati would also not suffer from any disability and as such we are unable to persuade ourselves. There is no legal infirmity in the constitution of the Commission. Accordingly, we find that the writ petition is devoid of merit and the same is liable to be dismissed. 5. For the reasons afore-mentioned this petition fails and the same is dismissed. (M.M.Kumar) Judge (Rajiv Narain Raina) 14.12.2011 Judge CWP No.20741 of 2011 3 okg