Jahangir Sofi
Srinagar, Nov 29: The recent amendments to Jammu and Kashmir’s reservation policy, which allocate 70% of government job and education institution quotas to reserved categories, have sparked a legal challenge. A petition has been filed in the Jammu and Kashmir and Ladakh High Court, questioning the constitutionality of the new quota system.
Social activist and advocate Zahoor Bhat filed the petition before the division bench of the High Court on Friday, arguing that the changes introduced through various Statutory Orders (S.O.) and recruitment notifications are “unconstitutional and discriminatory” against open merit candidates. The amendments have drawn criticism for reducing the share of open merit and Resident of Backward Area (RBA) reservations, while increasing quotas for Scheduled Tribes (ST), Social Caste, and new categories such as children of defence and police personnel and sportspersons.
Bhat said that under the new policy, the open merit share has been reduced from 57% to 33%, while the RBA quota has dropped from 20% to 10%. At the same time, ST reservations have been increased from 10% to 20%. Additionally, new categories of reservation have been introduced, which further complicate the framework, he said.
The petition argues that the amendments violate Articles 14, 15, and 16 of the Indian Constitution, which guarantee equality before the law, prohibit discrimination and ensure equality of opportunity in public employment. The petitioner claims that the changes undermine merit-based selection and have been implemented without adequate consultation with stakeholders, potentially exacerbating social disparities in the region.
Bhat is seeking the reinstatement of the reservation framework established in 2005, which he believes strikes a better balance between affirmative action and merit. The petition also raises crucial questions about how reservation policies should be designed in a way that aligns with constitutional principles while addressing social inequalities.
Bhat said that the J&K High Court is scheduled to hear the petition on Monday.
“The case raises crucial questions about balancing affirmative action with meritocracy in Jammu & Kashmir’s recruitment processes,” he said.
