The court affirmed that Article 16(4A) applies to Jammu and Kashmir, mandating reservation in promotions for SC/ST categories, and emphasized the need for quantifiable data to justify such reservations.

JUDGMENT :

01. Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

(i) Issue an appropriate writ, order or direction including one in the nature of Certiorari for quashment of impugned Circular No. 10-JK (GAD) of 2021 dated 05.03.2021 issued by the Respondent No. 3 whereby all the administrative secretaries have been asked to keep the slots meant for reserved employees vacant/unfilled, the same being ultravires to Articles 14 and 16(4A) of the Constitution of India

(ii) Issue an appropriate writ, order or direction including one in the nature of Mandamus commanding the respondents to promote the petitioners as well as other reserved category employees of the UT of J&K to their respective next higher posts on their roster slots under their respective Reserved Categories strictly in terms of J&K Reservation Act, 2004 and J&K Reservation Rules, 2005.

(iii) Issue an appropriate writ, order or direction including one in the nature of Mandamus directing the respondents to regularize the petitioners as well as other reserved category candidates of the UT of J&K on the roster slots under their respective categories strictly in terms of J&K Reservation Act, 2004 and J&K Reservation Rules, 2005.

02. The petitioners, who have been permitted to file this petition in a representative capacity vide interim order dated 31.10.2024, filed this petition claiming that they represent the Engineers serving in J&K Power Transmission Corporation Limited, Jammu Power Distribution Corporation Limited and Kashmir Power Distribution Corporation Limited, belonging to various reserved categories like Scheduled Casts (SCs), Scheduled Tribes (STs), Residents of Backward Area (RBA), Actual Line of Control (ALC) and Other Social Castes (OSCs), alleging therein that they have been denied reservation in promotions to which they are entitled to in terms of Article 16(4A) of the Constitution of India in the Union Territory of Jammu and Kashmir, due to Circular No. 10-JK (GAD) of 2021 dated 05.03.2021 issued by the respondent No. 3, which has been impugned in this petition, whereby all the Administrative Secretaries have been asked to keep the slots meant for reserved employees vacant/unfilled.

03. It has been alleged in the petition that the respondents have been deliberately not granting reservation in promotions to the members of the petitioners‟ Association, who are entitled to be considered for promotion not only in terms of Article 16(4A) of the Constitution of India but in terms of Jammu and Kashmir Reservation Act, 2004 as well as Jammu and Kashmir Reservation Rules, 2005.

04. It has also been pleaded that despite making provision for reservation in promotions in Jammu and Kashmir Reservation Act, 2004 and Rules framed thereunder, to provide 8% reservation in promotions for the candidates belonging to Scheduled Caste category whereas 10% reservation was provided to the Scheduled Tribes category with fixation of rosters as well and finally it was prayed that the impugned Circular, whereby all the Administrative Secretaries have been asked to keep the slots meant for reserved employees vacant/unfilled, be quashed directing the respondents to promote the petitioners as well as other reserved category employees of the UT of Jammu and Kashmir to their respective categories strictly in terms of Jammu and Kashmir Reservation Act, 2004 and Jammu and Kashmir Reservation Rules, 2005 under the roster slots.

05. Learned counsel for the petitioners‟ Association in line with the pleadings made in the petition has argued that the officers/officials of the reserved categories of Scheduled Castes, Scheduled Tribes and Residents of Backward Areas despite a provision for their consideration for reservation in promotions, in terms of the of Jammu and Kashmir Reservation Act, 2004 read with Jammu and Kashmir Reservation Rules, 2005, have been denied reservation in promotions for th