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2015 Supreme(J&K) 277

HASNAIN MASSODI, JANAK RAJ KOTWAL
Ashok Kumar and others – Appellant
Versus
State of J&K and others – Respondent


Advocates:
For the Appellant :Mr. P.N. Raina, Sr. Advocate with Mr. J. A. Hamal, Advocate, Mr. S.K. Shukla, Advocate, Mr. A.V. Gupta, Senior Advocate with Mr Aditya Gupta, Mr. S.S. Ahmad, Advocate, Mr. Yasser Ejaz Tak, Advocate, Mr. Sanjay Verma, Advocate, Mr. S.K. Shukla, Advocate, Mr. Rahul Pant, Advocate.
For the Respondent:Mr. Sunil Sethi, Senior Adv. with Mr Ankesh Chandel, Adv., Ms. Seema Shekhar, Sr. AAG, Mr. C.S. Azad, Advocate, Mrs. Sindhu Sharma, ASGI, Mr. Ravi Dogra, Advocate, Mr. F.A.Natnoo, Advocate, Mr. Sudershan Sharma, Advocate.

JUDGMENT :

Massodi J.:-

1. Controversy raised in writ petitions on hand stands crystallised by learned Single Judge as under:

“Whether in light of the Apex Court judgment in Indra Sawhney v. Union of India, 1992 Suppl (III) SCC 217 which prohibits reservation in matters of promotion, provisions of the Jammu & Kashmir Reservation Act, 2004 and the rules framed thereunder can be enforced in the absence of the applicability of Art. 16 (4A) of the Constitution of India to the State of J&K.”

2. Dispute, as bare look on the issue identified would reveal, relates to right of Reserved Category Government servants, to accelerated promotion provided under Section 6, J&K Reservation Act, 2004 read with Rule 9 and 34, J&K Reservation Rules, 2005 (for short “Reservation Act and Rules”). The facts fall in a narrow compass, though issue raised reflects an important question of law. It is pertinent to point out that all these petitions were considered by learned Writ Court. However, at the request of learned Single Judge (Hon’ble Mr Justice Dhiraj Singh Thakur), the Hon’ble Chief Justice has been pleased to direct listing of batch of petitions before the Division Bench. Request to list writ petitions






















































































































































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