Sajid Raina
Srinagar, Apr 5: The Jammu & Kashmir Government has prayed for an outright dismissal of a petition challenging the existing reservation framework, stating that it is mischievous, frivolous in nature and has been filed with an intent to abuse judicial process.
In an affidavit filed by Jammu & Kashmir’s Social Welfare department in the High Court, the government has submitted that the writ petition deserves dismissal at the outset.
“That this petition is an abuse of judicial process having been filed without any cause of action. The petitioners have filed the present petition on completely false grounds in an attempt to deceive the Hon’ble Court,” reads the objections filed by deputy secretary, Social Welfare Department, Mohd Imran Naik.
The petition has been filed by Zahoor Ahmad Bhat and others. In the petition, they have challenged the existing reservation framework in J&K.
The government has submitted that the instant writ petition on the face of it, is an attempt to abuse judicial process motivated by ill-will, ulterior and oblique motives.
“The petition if allowed would set a wrong precedent, encouraging unscrupulous litigants, as in the instant case, dissipating the precious time and resources of the Hon’ble Court, by hoodwinking the Authority of the Court. Therefore, the writ petition deserves dismissal at the outset, on this ground without entertaining the merits of the case with imposition of heavy costs,” reads the affidavit.
Citing Indira Sawhney judgment, the government submitted that 50 % ceilings is not an inviolable rule and can be breached in exceptional circumstances.
The government has submitted that the Rules mandate “adequate representation” and not “proportionate representation”.
It further said that the petitioner has failed to appreciate that the norm under Article 16(4) is of adequate representation and not proportional representation.
