It is not merely the Shiromani Gurdwara Parbandhak Committee (SGPC) that is contemplating challenging Monday’s judgment of the Punjab and Haryana High Court, striking down the Punjab government notifications that reserved 50 per cent seats for Sikhs in educational institutions run by the community and the Shiromani Gurdwara Parbandhak Committee (SGPC). The SAD-BJP government in the state, too, has decided to “study the judgment and challenge it in the apex court”. Sources told The Indian Express that Punjab Chief Minister Parkash Singh Badal has already held a meeting on the issue and told Advocate-General Hardev Singh Mattewal to file an appeal.
In its order, the High Court had ruled that Sikhs were not a minority in the state and hence, were not entitled to reservation in SGPC-run institutes.
Legal experts have informed the Chief Minister that the SGPC is governed by the Sikh Gurdwara Act, 1925, and members are elected by Puran Sikhs (those who don’t sheer/ dye their hair and follow all the Sikh tenets) only. “A person who trims or shaves his beard or head, except in case of Sahajdhari Sikhs, smokes or takes alcoholic drinks is disqualified to be a member or a voter. A Keshdhari member also has to be an Amritdhari. These conditions also apply to Sikh students seeking admissions in SGPC-run institutions under the reserved category. That is why the judgment will be challenged,” said a senior government officer.
The High Court order had been passed on the petition of a student who had asserted that reservation of 50 per cent for Sikhs candidates had affected his chances of getting selected for admission in an SGPC-run institute. He had pointed out that as per the 2001 Census, Sikhs are in a majority in Punjab. Therefore, Sikh students could not be granted benefit of reservation meant for minority students, the petitioner had asserted.
... contd.