The main legal point established in the judgment is the requirement to maintain the roster in accordance with the Rules of 1994 and the interpretation of cadre strength and vacancy as per the Supreme Court's decision in R.K. Sabharwal vs. State of Punjab (1995) 2 SCC 345.

TASHI RABSTAN, J.

1. The case on hand relates to observing of reservation quota provided under J&K Reservation Act, and the Rules made thereunder, in its letter and spirit in making fresh appointments in Revenue Department on the post of Patwari.

2. The facts leading to filing of present petition are that the petitioner applied for post of Patwari, District Cadre Udhampur, in response to Advertisement Notice No. 2 of 2000 dated 26.09.2000 under the category of Weak and under Privileged Class (Social Caste). The respondents thereafter issued the short-listing criteria vide Notification No. SSB/Div/J/2001/16207-16 dated 22.12.2001.

3. The petitioner's grievance is that the Reservation Act and Rules have been followed in breach by respondents as they did not include OBC Category in short-listing criteria, as a result whereof he has been denied the benefit of reservation and excluded from the benefit to which he is entitled in terms of Reservation Act and Rules. Petitioner seeks due weightage under OBC Category for interview against post of Patwari/Office Patwari/ Consolidation Patwari, District Cadre Udhampur. Hence the present writ petition.

4. The contention of learned counsel for petitioner is that though OBC Category has been given due weightage while issuing shortlisting criteria for District Cadre Kupwara, no weightage has been given to OBC Category in case of District Cadre Udhampur. He further contends that respondents have adopted wrong procedure for maintaining of roster point. The submission of learned counsel for petitioner is that instead of applying roster point on the total cadre strength of the posts in question, respondents have applied roster point only to the number of vacancies advertised. It is stated that under Rules and in terms of SRO 126 of 1994 the roster point is to be maintained on entire service and not on the cadre strength of a particular district or province.

5. Objections have been filed by respondents. It is insisted that in terms of Reservation Rules, notified vide SRO 126 dated 28.06.1994, the roster point for OBC Category comes to in 49th post. Further, it is contended that since only 39 posts were advertised, therefore, no question arose for considering petitioner's case under this category. Further, it is averred that in District Kupwara 119 posts of Patwaris were advertised, therefore, as per roster point two posts were reserved for OBC Category.

6. Heard learned counsel appearing for the parties and perused the pleadings.

7. Reservation is the process to facilitate the persons in education, scholarship and jobs, who have category certificates. Reservation is a form of quota-based affirmative action, which is governed by Constitutional Laws, Statutory Laws and Local rules and regulations. The primary objective of the Indian reservation system is to increase the opportunities for enhanced social and educational status of the underprivileged communities and thus uplift their standard of living to have their place in the mainstream of Indian society. The reservation system exists to provide opportunities for members of Scheduled Castes, Scheduled Tribes, Backward Classes, Other Backward Classes, et cetera, to make their representation in all organs of the State, like schools, colleges, government departments and organisations. The Constitution of India, in terms of Article 16(4), empowers States to make special provisions for advancement of any socially and educationally backward classes of citizens or for the Schedule Castes and the Scheduled Tribes. Article 46 of the Constitution of India envisions that the State shall promote with special care the educational and economic interests of the weaker sections of the people.

8. Various rules have been framed in the State of Jammu and Kashmir, aiming at providing reservation to weaker section of the society in government jobs. In the year 1965, special provision was made in favour of Schedule Castes, by promulgating Constitution of J&K Schedule