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HIGH COURT OF JAMMU AND KASHMIR
MUDASIR YOUSUF – Appellant
Versus
STATE THROUGH PUBLIC SERVICE COMMISSION AND ORS. (HCOURT) – Respondent
JUDGMENT :
1. By this common order and judgment, we propose to dispose of both the writ petitions together in view of the nature of controversy involved. However, for convenience, the facts in both the cases are set out below separately.
WP(C ) No. 2412/2029 :
2. Pursuant to a request made by the Department of Law, Justice and Parliamentary Affairs, Government of Jammu and Kashmir, the Jammu and Kashmir Public Service Commission ["PSC‟] notified 42 posts of Civil Judge (Junior Division)/Munsiffs vide Advertisement Notification No. PSC/EXAM/2018/39 dated 30.05.2018. The breakup of the posts was in the following manner:
| OM | RBA | SC | ST | ALC | OSC | Total |
| 24 | 08 | 04 | 04 | 01 | 01 | 42 |
3. The Advertisement Notice aforesaid, inter alia, prescribed 3% horizontal reservation for physically challenged candidates, to be applied in accordance with relevant rules. In all, 2943 candidates were provisionally allowed to appear in the Jammu and Kashmir Civil Services (Judicial) Preliminary Examination, 2018 conducted by the PSC on 28.10.2018. On the basis of result of the preliminary examination, the PSC vide its notification No. PSC/EXAM/19/2018 dated 17.11.2018 notified the roll numbers of the candidates declared to have qualifi
The court ruled that the amendment for reservation in judicial appointments is prospective, affirming that prior selections without statutory backing are unconstitutional but saved appointments remai....
Point of Law : Permanent disability - Appointment - It is true that it is not necessary to frame separate set of rules for providing reservation in appointments of persons other than District Judges ....
The main legal point established in the judgment is that the reservation provisions for physically challenged persons should be interpreted in conjunction with the government orders in force at the t....
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
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