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HC seeks govt’s response on plea challenging reservation policy
The court has also clubbed the recent petition with a pervious petition filed by Zahoor Ahmad Bhat in November
Jammu and Kashmir high court, acting on a fresh petition challenging the reservation policy, has issued notice to the respondents (government) asking for reply within a time frame of three weeks.
The court has also clubbed the recent petition with a pervious petition filed by Zahoor Ahmad Bhat in November.
The fresh petition, filed by Dawar Ali and supported by a civil society group, has questioned the reservation policy of J&K government calling it “unreasonable”.
“Issue notice to the respondents returnable within a period of three weeks. Requisite steps for service within one week,” said the order by justices Mohd Yousuf Wani and Rajnesh Oswal announced on December 9.
The court listed the plea with the main petition filed by Bhat which will be heard on December 27. The policy introduced by lieutenant governor-led administration, before the assembly elections early this year, had squeezed the general category to below 40% in jobs and admissions, which form the majority of the population, and increased reservation for reserved categories over 60%. The policy triggered anger and protests by the politicians and the open merit candidates.
The Omar Abdullah-led Jammu and Kashmir government on Tuesday issued order for the constitution of the three-member panel for a relook at the policy. The committee will comprise of health minister Sakina Itoo, forest minister Javed Ahmad Rana and science and technology minister Satish Sharma.
The resentment is also brewing within the general category population for curtailment of quota in both jobs and NEET and post graduate (PG) seats. Recently, when PG seats were announced in one of the prestigious medical institutes, just 30% postgraduate seats were left for general open merit candidates while the rest were reserved for candidates belonging to various categories.
At-least three petitions have been moved in the J&K high court challenging the present status of reservation in seats and jobs.
On November 27, a political science professor Zahoor Ahmad Bhat had approached the HC against the reservation policy, which he said gives “70℅ share to reserved categories and only 30% share to open merit candidates” in government jobs and admission to education institutions.
On December 4, the court had listed the matter for December 27 wanting to hear from the advocate general.
“This is a case where vires of rule 4,5, 13, 15, 18, 21 and 23 of the J&K reservation rules , 2005 are challenged. Looking at the nature of the case, it would be essential to hear the learned advocate general in this case. However, the UT of J&K is without the learned advocate general,” the order had said.
It also stated that any appointment made pursuant to the sections “under challenge shall be subject to the outcome of the petition”.
PDP youth leader and assembly member Waheed ur Rehman Parra and former city mayor Junaid Azim Mattu are both vocal on this issue and want “justice” for the people who are from general category and constitute majority of J&K’s population.
Former J&K chief minister and PDP president Mehbooba Mufti demanded implementation of SRO 49 (2018) of the JK Reservation Act, for NEET PG seats which puts open merit seats at 75%.
Senior National Conference leader and Member of Parliament from Srinagar Ruhullah Mehdi has also promised the candidates that he will join the protest outside the residence of chief minister Omar if the reservation policy was not rationalised by the end of the Parliament session.
