Court Likely To Hear Petition On Monday
Srinagar, Nov 30: The High Court of J&K and Ladakh is likely to hear on Monday a petition, challenging validity of various amendments in Jammu & Kashmir Reservation Rules.
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 by authorities, 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.
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 50% ceiling for open merit and general category.
