HC seeks Govt’s response on fresh plea against reservation policy

Srinagar, Jul 18: The High Court of J&K and Ladakh Friday issued notice to the government for response on a fresh plea calling into question the justification to provide for reservation up to 70 percent in government jobs for the reserved categories against their population share of 30 percent.

Hearing the plea, a division bench of Justice Sanjeev Kumar and Justice Sanjay  Parihar  sought the government’s reply to the plea within four weeks.

Earlier the High Court had ordered “dismissed as withdrawn” a batch pleas with the liberty to the petitioners to challenge the various provisions of the Jammu & Kashmir Reservation Act, 2004, in particular Section 3.

The court had allowed the withdrawal of the petitions challenging the vires of various provisions of the J&K Reservation Rules, 2005, after observing that Section 3 of the parent Act was not under challenge in any of the petitions.

The Court had said that the percentage of reservation of a community under the J&K Reservation Act is based on the population share of that community.

In the fresh plea, the petitioners through advocate M Y Bhat have challenged Section-3, Section-4, Section-6, Section-8 and Section-9 of the Jammu and Kashmir Reservation Act 2004, some rules of Jammu & Kashmir Reservation Rules of 2005 including Rule-4, Rule-5, Rule-9, Rule-10, Rule-13, Rule-15 and Rule-17, S.O 176 dated 15-03-2024, S.O 127 dated 20-04-2020, S.O 305 dated 31-05-2024, SRO 518 dated 02-Sep-2019, Jammu & Kashmir reservation Rules 2005.

The petitioners contend that they provide the grounds for “excessive reservation” that cumulatively result in approximately 70% of posts being reserved across various categories, leaving a mere 30 percent for Open Merit/General category candidates.

They further submit that this reservation pattern was without any basis on any quantifiable data and also contravenes the mandate of Article 16(4) which allows the state to make provisions for the reservation of appointments or posts in favor of any backward class of citizens who, in the state’s opinion, are not adequately represented in the services under the state.

Besides challenging provisions and notifications, the petitioners have challenged ensuing advertisement notifications issued pursuant thereby, contending that no fresh assessment or independent commission has been constituted by the authorities to examine the current representation of backward classes in public services. “This has rendered the present reservation structure arbitrary and unsustainable under law,” they say.

The petitions seek court’s intervention to declare Section-3, Section-4, Section-6, Section-8 and Section-9 of the Jammu and Kashmir Reservation Act, 2004, Jammu & Kashmir Reservation Rules of 2005: Rule-4, Rule-5, Rule-9, Rule-10, Rule-13, Rule-15, Rule-17 framed thereunder, S.O 176 dated: 15-03-2024, S.O 127 dated: 20-04-2020 S.O 305 dated 31-05-2024, SRO 518 dated: 02-Sep-2019, as unconstitutional and ultra vires to the mandate of Article 16(4) of the Constitution of India, on account of absence of quantifiable data and breach of the principle of adequacy of representation.

They also seek to quash the S.O 127 dated: 20-04-2020 S.O 305 dated 31-05-2024, SRO 518 dated: 02-Sep-2019.

They also seek to scrap  advertisement Notification, Appointment Notifications bearing  Advertisement Notification No. 04 PSC (DR-P) of 2024 dated 26.07.2024, Advertisement 02 of 2024 dated: 22.11.2024, corrigendum      dated: 29.07.2024 to Advertisement No. 02/RR/RC of 2024 dated: 09.05.2024, Advertisement     No.         04                 of 2024 / RR / RC of 2024               dated: 29.07.2024, Advertisement No. 06 of 2024, dated: 28.08.2024, Advertisement No.

03 of 2025, dated: 24-04-2025, Advertisement No. 05-PSC of 2025, dated: 14-05-2025, Advertisement No. 02 of 2025/RR/RC, dated: 26-05-2025, recruitment processes, and consequential actions undertaken pursuant to the Act and Rules “being violative of constitutional provisions and principles of equality as it provides only  30% share for Open Merit/ General and 70% share for reserved categories.” They have also sought directions to the government to redefine Rule 4 Para 3 Socially and Educationally backward Class as other Back Class (OBC) to enable them to claim Central Reservation.  Besides, they have sought to make rationalization of reservation by providing due share to the tune of 80% and 20% to reserved categories.