STATE OF PUNJAB Vs. ANSHIKA GOYAL

JUDGEMENT

(1.) Heard Mr. K.K. Venugopal, learned Attorney General appearing on behalf of the petitioners as well as Mr. P.S. Patwalia, learned senior counsel appearing on behalf of respondent No.4.

(2.) Issue fresh notice to the unrepresented/unserved respondents.

(3.) After hearing the matters at some length, we deem it appropriate to have final hearing in the matter as main question arises with regard to validity of classification made as to Government seats and institutions seats for the purpose of reservation in question. Fact remains other reservations have been applied to all seats in private institutions. However, after hearing the learned counsel for the parties and considering the decisions in "T.M.A.Pai Foundation and Ors. Versus State of Karnataka and Ors.", (2002)8 SCC 481 and "Gulshan Prakash (DR.) and Ors. Versus State of Haryana and Ors.", (2010) 1 SCC 477, without expressing any opinion on merits, we are of the view that there shall not be a blanket stay on the order passed by the High Court. However, the High Court has enhanced the sports quota from 1% to 3%. That cannot be said to be appropriate as the Government has notified only 1% sports quota on horizontal business. The part of the impugned order with respect to enhancing quota from 1% to 3% shall remain stayed till the final decision by this Court. With respect to remaining part there shall be no stay.