“No reservation in Promotions” in J&K for now: Supreme Court
Srinagar, December 16: A notice has been issued to J&K Government by the Supreme Court along with other respondents in reference to the appeal filed against the J&K High Court verdict wherein it had struck down the state government’s policy of reservation in promotions on the basis of which several officials of different departments were promoted since 2005.
A division bench of Justice Madan B Lokur and Justice SA Bobde asked the respondents to file objection into the case within the time period of four weeks and also to maintain its status quo in the same time. The directions were passed on Tuesday in a special leave petition filed by petitioner Mohammad Haneef Lone against the October 2015 verdict. The bench observed, “Issue notice returnable in four weeks…. Status quo, as of today, be maintained in the meanwhile.”
The 50-pages judgment delivered by the State High Court on October 9th of this year by a division bench of Justice Hasnain Massodi and Justice Janak Raj Kotwal observed, “There should be no benefit of reservation in promotions in the state of J&K and struck down the Section 6 of the Jammu and Kashmir Reservation Act, 2004, and Rules 9, 10 and 34 of the Jammu and Kashmir Reservation Rules, 2005, as ultra vires to the Constitution.”
The bench also declared that the Section 6 of the J&K Reservation Act and Rules 9, 10 and 34 of the Reservation Rules is“invidious and unconstitutional”. It observed that the reservation in promotions didn’t have constitutional protection in J&K since the clause (4A) that was added to Article 16 through the 77th constitutional Amendment was not applicable to the state.
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