Srinagar, Sep 3: The High Court of Jammu & Kashmir and Ladakh has granted six weeks’ time to the respondents to file a counter affidavit in a case challenging the existing reservation policy.
A division bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem granted six weeks’ time to the parties to file their counter affidavits in the case.
“Learned counsels for the parties pray for, and are granted, six weeks’ time to file counter affidavit,” the HC said in its order dated September 02.
The Court has listed the matter for further hearing on October 14.
In a fresh petition, academician and lawyer Zahoor Ahmad Bhat, along with others, has challenged key provisions of the Jammu & Kashmir Reservation Act, 2004.
They have challenged Section 3, Section 4, Section 6, Section 8, and Section 9 of the Jammu & Kashmir Reservation Act, 2004, as well as several rules under the Jammu & Kashmir Reservation Rules, 2005—including Rule 4, Rule 5, Rule 9, Rule 10, Rule 13, Rule 15, and Rule 17. Additionally, they have challenged S.O. 176 dated 15-03-2024, S.O. 127 dated 20-04-2020, S.O. 305 dated 31-05-2024, and SRO 518 dated 02-09-2019.
According to the petitioners, these provisions result in “excessive reservation,” cumulatively reserving approximately 70% of posts across various categories, leaving only 30% for open merit/general category candidates.
The petitioners argue that the existing reservation pattern lacks any basis in quantifiable data and contravenes the mandate of Article 16(4) of the Constitution, which permits the state to make provisions for reservation in appointments or posts in favor of any backward class of citizens who, in the state’s opinion, are not adequately represented in public services. (KNO)
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