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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M A CHOWDHARY
Mohammad Jamal Sheikh S/O Abdul Gani Sheikh – Appellant
Versus
Union Territory of Jammu & Kashmir Through Chief Secretary, Civil Secretariat, Jammu/Srinagar – Respondent
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 th
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 reservatio....
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Point of Law : Article 16 (4A) and 16 (4B) being enabling provisions, the State is at liberty to implement its policy of giving reservation in promotion with consequential seniority, at liberty to pr....
(1) Reservation in matter of promotion – Collection of quantifiable data for determining inadequacy of representation of SCs and STs is a basic requirement for providing reservation in promotions.(2)....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
Promotions to unreserved posts must be based solely on merit, and exceeding ceiling limits set by law is impermissible, reaffirming the catch-up rule's application for rightful seniority among candid....
It is now a well-settled principle of law that an executive order must be passed in conformity with rules. Power of State Government to issue executive instructions is confined to filling up of the g....
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