There would be no reservation benefits in promotions in Jammu and Kashmir as a division bench of the state High Court has struck down Section 6 of Jammu and Kashmir Reservation Act, 2004, and Rules 9,10, and 34 of Jammu and Kashmir Reservation Rules 2005. A bench of Justice Hasnain Masoodi, and Justice Janak Raj Kotwal passed this judgement in a bunch of petitions challenging the promotion of AEs to AEEs and AEEs to executive engineers.
The division Bench not only struck the Rule 9 of the Reservation Act but also set aside the government orders which had given promotions in reservations in the engineering department.
The Division Bench held: “The petitioners are members of J&K Engineering (Gazetted) Service Hydraulic Wing, J&K Law Officer (Subordinate) Service, J&K Engineering (Gazetted) Service, J&K Animal Husbandry (Gazetted) Service. They are aggrieved with different Government Orders whereby private respondents in writ petitions, though junior to them, have been promoted to next higher level ahead of them under Reservation Act and Rules thereby allowed to steal march over them”, the DB observed, adding “petitioners’ case is that private respondents have been promoted and their seniority fixed ahead of them on the ground that they belong to Reserved Category within meaning of J&K Reservation Act, 2004 and J&K Reservation Rules, 2005″. J&K High Court J&K High Court
The Division Bench further observed, “petitioners insist that in terms of authoritative judicial pronouncement in this judgment, reservation in case of promotion offends letter and spirit of Articles 14 and 16 of Constitution of India and therefore is not permissible under law”, adding “it is urged that Article 16(4A) added by 77th Constitutional Amendment Act, would not legitimize course followed by official respondents inasmuch as amendments made are not applicable to the State of Jammu and Kashmir”.