J&K HIGH COURT ISSUES NOTICE IN A PLEA AGAINST 100% DOMICILE RESERVATION IN PUBLIC EMPLOYMENT

A Single Bench of Justice Tashi Rabstan on 4th August issued notice to the petitioners in a plea against the 100% domicile reservation for public employment in the State. The plea was earlier filed in the Hon’ble Supreme Court by the Advocates Nishant Khatri, Najum Ul-Huda and Sachin Miglani but it was not entertained. As a result, the advocates had to move to the High Court of Jammu & Kashmir.

The petitioners in their plea had stated that the provisions of the Sections 3A, 5A, 6, 7 and 8 of the Jammu & Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 are violative of their fundamental rights provided under the Indian Constitution. The plea states that these provisions violate Article 14 (Right to Equality), Article 16 (Equal of Opportunity to all Citizens in a matter of Public Employment), Article 19 (d) (Freedom to move freely throughout the territory of India), Article 19 (e) (Freedom to reside and settle in any part of India and Article 21(Protection of Life and Liberty) of the Indian Constitution.

These provisions of the Jammu & Kashmir Civil Services Act were inserted by Ministry of Home Affairs in the month of April by invoking Section 96 of the Jammu & Kashmir Reorganization Act, 2019. The petitioners in their plea had contended that the power of amendment in the class/ residence requirement for employment or appointment has never been delegated to MHA by the J&K Reorganization Act, 2019.

The petitioners have also averred that they have a locus standi in the present case as the reservations violate their fundamental right of right to public employment in Union territories.

The Hon’ble High Court of J&K is expected to hear the plea on 3rd September, 2020.

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