The Supreme Court on Friday stayed a recent decision of the Himachal Pradesh High Court providing for reservation in professional and technical colleges in the state based on domicile status.

As per the impunged decision of the High Court, 85 per cent of seats would be reserved for bonafide residents of Himachal Pradesh while 15 per cent seats would be left for students from other states in professional colleges and technical institutes.

While directing the state of Himachal Pradesh to keep on hold admissions for students from outside the state, the Bench headed by Justice B N Agarwal ordered a partial stay on the High Court’s decision.

Assailing the said decision dated July 6, 2007, senior advocate Dushyant Dave said by passing such a decision the state was allowing the country to lose its one-nation concept.

To which Justice Agarwal shot back saying that the concept was not realistic. “Theoretically, we are one nation from Kashmir to Kanyakumari. But in practice, it is not so,” he remarked.

Faced with a different kind of situation pertaining to reservation in higher educational institutes including private professional colleges this time, the Bench, also comprising Justice Tarun Chatterjee, asked the state to furnish its response on the appeal filed by an NGO, HP Promotion Society.

Appearing for the society, senior advocate P P Rao and advocate Vijay Kumar claimed that the said decision was unreasonable and bad in law. It was pointed out how the High Court, despite quashing 100 per cent reservation on the basis of domicile, actually provided for reservation to the extent of 85 per cent for bonafide residents of the state.