2 days Ago By Daily Excelsior
Excelsior Correspondent SRINAGAR, Dec 30: The High Court has sought response to the plea challenging validity of amendments in J&K reservation rules from the Government and other stakeholders positively before the first week of March. The amendments made in the JK Reservation Rules have been challenged before the court and the validity of amendments made in the rules. It is contended by them that due to the amendments in the Reservation Rules of 2005 by authorities have been questioned in so far as there is a decrease in the percentage in Jammu and Kashmir Government Recruitment posts and seats in educational institutions for open merit from 57 percent to 33 percent, Residents of Backward Area (RBA) from 20 percent to 10 percent while there is an increase in reservation in the Scheduled Tribe (ST) from 10 percent to 20 percent, Social Caste from 2 percent to 8 percent, ALC from 3 percent to 4 percent and PHC from 3 percent to 4 percent.
The aggrieved persons are seeking to declare 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 the constitution as the amendment in the rules has added new categories like Children of Defence Personnel and kept 3 percent reservation for them, Children of Police Personnel by keeping 1 percent and 2 percent for candidates possessing performance in sports. The Division Bench of Justice Rajnesh Oswal and Justice Mohd Yousuf Wani has sought response from all the stakeholders by observing that that response should be filed positively and fixed next hearing on March 6 in the matter. The reservation is granted under Articles 14, 15, 16 and 21 of the Constitution but it has to be given to justify the reasonable differentia and not at the cost of the general category candidates and reservation should not be meant to discriminate against the open merit category whose population is more than 70 percent in Jammu and Kashmir.
” The J&K Reservation Act, 2OO4, which is the parent act providing the Government with the power to frame rules for providing reservation, provides in express terms in Section 3 therein, that the total percentage of the reservation shall in no case exceed 50 percent and the aggrieved petitioners contend that it is a settled principle of law that every rule framed by the executive under an act has to necessarily conform to the provisions of the act itself and no rule can be framed in derogation of the parent act. They have sought intervention to direct the authorities to apply rationality in the reservation to maintain a 50 percent ceiling for open merit and general category. “The reservation is granted under Articles 14, 15, 16 and 21 of the Constitution but it has to be given to justify the reasonable differentia and not at the cost of the general category candidates,” the plea read.
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