Ready to file another affidavit against reservation policy: Minister

*Govt defends policy in HC, prays for dismissal of pleaFayaz BukhariSrinagar, Apr 5 : After severe criticism against the Government decision to defend reservation policy in High Court, Minister Sakeena Itoo today said that they are prepared to file another affidavit stating that the existing reservation policy is flawed and needs to be rectified.CLICK HERE TO WATCH VIDEOThe Government in its affidavit defended the validity of amendments of Jammu and Kashmir Reservation Rules made before elected Government last year and has prayed for dismissal of the plea challenging the same on its maintainability.Follow the Daily Excelsior channel on WhatsApp The Social Welfare Department (SWD) has submitted its objections to the plea calling into question the validity of amendments to Jammu and Kashmir Reservation Rules.

The stand on behalf of the SWD has been submitted by the Deputy Secretary to SWD before the Division Bench of Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani during the hearing of the case. The court has kept the matter for further considerations.“It is the duty of the State to provide equal opportunities to all sections of the social order and to overcome their disadvantaged and unfavorable positions by disregarding their disabilities, be it social, economic, educational, or political, and to enable them to participate in the nation-building process through equitable distribution of resources to ensure the prevailing of justice in its true sense, as intended in the Constitution”, read the reply of SWD.



“The right course of the High Court is to dismiss the writ petition on the preliminary grounds, without entering upon the merits of the case. In the absence of firm and adequate factual foundation, it was hazardous for the Department to embark upon a determination of the points involved,” read the Government reply.“Furthermore, if the factual questions raised are not elementary and complicated, requiring not only documentary but oral evidence, the Court, in its discretion, can always decline to entertain a writ petition.

As such, the instant writ petition deserves an outright dismissal with a heavy cost for misleading and hoodwinking the authority of the Court”, the objections read.“It is submitted that the newly inserted provisions of Article 15(6) and Article 16(6) are enabling provisions for the advancement of the economically weaker sections and are, in fact, in conformity with the principle of Reservation and Affirmative Action, which are the touchstones of protection of equality of citizens and also the basis under Article 15(1), Article 15(2), Article 16(1) and 16(2). Therefore, the impugned rules are in conformity with the constitutional principles and do not violate the basic structural doctrine”, the department referred.

The counsel appearing for Government submitted that access to higher education, including professional education, for students belonging to weaker segments of society, is a matter of major concern and article 46 of the Directive Principles of State Policy commands that the State should promote with special care the educational and economic interests of the weaker section of the population and protect them from social injustice.The petitioners contended that due to the amendments in the Reservation Rules of 2005 by authorities, 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.Their further contention is that 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 aggrieved candidates have sought the court’s intervention 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.They also sought direction to the authorities to issue fresh recruitment notifications in tune with the Jammu and Kashmir Reservation Rules of 2005 (un-amended).After backlash, Itoo told reporters that as far as the affidavit is concerned, if required, “we are prepared to file another affidavit stating that the existing reservation policy is flawed and needs to be rectified.

We will not hesitate to do what is necessary”.She said that the issue of reservation is a sensitive one, and everyone is concerned about it. “When the Omar-led Government came into being, some deputations approached us regarding the reservation policy,” she added.

“The Chief Minister took it seriously and, on the second day itself, formed a Cabinet Sub-Committee comprising three Ministers to meet with the deputations and examine their representations. The sub-committee was given six months to complete the task-this alone reflects the seriousness with which the matter is being handled.”The Minister said: “We are required to brief the Chief Minister daily on developments in this regard-how many representations were examined and what progress was made during the day.

But some politicians are only interested in criticizing the Government. During the assembly session, a question was raised about the reservation issue. But the person who raised it was so serious that he remained absent when the question was being answered-and later took to Twitter to criticize the reply”.

“We want this issue resolved in a way that ensures everyone gets their fair share. Tomorrow, I will be meeting delegations at the SKICC in this regard”.“Another tweet surfaced today, referring to the affidavit submitted by the department in court, which stated that the existing reservation policy is correct.

I want to ask: if the Government wasn’t committed, then why would we form a committee and set a timeframe to complete the task? The Government is serious about this and understands that it is answerable to the people.”The post Ready to file another affidavit against reservation policy: Minister appeared first on Daily Excelsior..