Srinagar- The High Court of J&K and Ladakh on Wednesday asked the Advocate General to assist it on a petition, challenging validity of various amendments in Jammu & Kashmir Reservation Rules.
Hearing the petition, a division bench of Justice Atul Sreedharan and Justice Moksha Khajuria Kazmi also ordered that any appointment made under the reservation rules shall be subject to the outcome of the case. The matter has been ordered by the court to be listed on December 27.
In the plea, the petitioners— Zahoor Ahmad Bhat, Ishrat Nabi, Ishfaq Ahmad Dar, Shahid Bashir Wani and Amir Hamid Lone—have submitted that due to the amendments in the Reservation Rules of 2005, there is decrease in the percentage in Jammu & Kashmir Government Recruitment posts and seats in educational institutions for open merit from 57% to 33%, Resident of Backward Area (RBA) from 20% to 10% while there is increase in reservation in scheduled tribe (ST) from 10% to 20%, Social Caste from 02% to 08% and ALC from 03% to 04%, PHC from 03% to 04%. Besides, they said the amendment in the rules have added new categories like Children of Defence personnel and kept 03% reservation for them, Children of police personnel by keeping 1% and 2% for candidates possessing performance in sports.
The petitioners have challenged amendment in Jammu & Kashmir reservation rules of 2005 by authorities by way of issuance of S.O No. 176 dated 15.03.2024 and S.O No. 127 dated 20.04.2020, S.O 305 DT: 21-05-2024, Advertisement Notification No. 04-PSC (DR-P) of 2024 dated 26.07.2024, Advertisement 02 of 2024 dated 22.11.2024, Corrigendum dated 29.07.2024 in Advertisement No.02 of 2024/RR/RC dated 09.05.2024, Advertisement No. 04 of 2024/RR/RC of 2024 dated 29.07.2024 and Advertisement No. 06 of 2024/Psy dated 28.08.2024, in terms whereof the authorities have decreased the percentage in favour of open merit and RBA candidates and increased the reservation for ST, SC, ALC and PHC candidates as well adding new categories in favour of Children of Defence personnel (3%), Children of police personnel ( 1%), sports category (2%) and said that same were ultra vires to the constitution. The petitioners said that they are highly prejudiced by the acts of omission and commission on the part of the authorities and as such moved the court for redressing their grievances.
Among others, they have sought the court’s direction in declaring Rule 4, Rule 5, Rule 13, Rule 15, Rule 18, Rule 21 and Rule 23 of the J&K Reservation Rules, 2005 as amended through various SOs as ultra vires to the Constitution.
They have also sought direction to the authorities to issue fresh recruitment notifications in tune with Jammu and Kashmir Reservation Rules of 2005 (un-amended). They have sought appointing a commission headed by a Retired Judge of High Court with members of each community/ category to recommend and provide the reservation on the basis of population percentage in J&K, so that the reservation policy is framed on rational basis.
Besides, they have sought direction to command the authorities to apply rationality in the reservation to maintain a 50% ceiling for open merit and general category.
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