Court stated denying employees the benefit of reservation in promotions violates constitutional provisions and leads to unequal treatment of citizens of J&K
Srinagar: The High Court of J&K and Ladakh pulls administration for ‘violating constitution and treating people of the region as unequal citizens’ over a circular issued by General administrative department wherein reserved slots for employees from reserved categories were directed to keep vacant.
The court noted that denying reserved category employees the benefit of reservation in promotions violates “constitutional provisions and leads to discriminatory treatment of citizens in Jammu and Kashmir compared to other states.”
While recording its dismay, Court said that the benefits of reservation in promotion are enshrined in Article 16(4A) of the Constitution of India.
Denying these benefits to reserved category employees in Jammu and Kashmir would amount to depriving them of their constitutional rights and amount to class legislation, which contradicts the principles of equality laid out in the Constitution.
The bench, led by Justice M A Chowdhary, also referenced a previous stand taken by the Jammu and Kashmir government in an affidavit filed before the Supreme Court, where the government had expressed its intention to implement reservations in promotions.
The court restrained the respondents from making any promotions unless reserved category candidates are considered for promotions in accordance with the law.
The petitioners had filed a writ petition challenging the circular, arguing it violated both Article 16(4A) of the Constitution and the Jammu & Kashmir Reservation Act, 2004.
The court also directed the respondents to collect quantifiable data within six weeks to ensure proper consideration of reserved category employees for promotions, while directing promotions to proceed in accordance with the existing reservation law until the data collection exercise is completed.