The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

HC Issues Notice To Govt Against 100% Job Reservation To J&K Domicile

INS Desk by INS Desk
August 4, 2020
A A
HC quashes 9 PSA detention orders
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar, Aug 4: The J&K High Court on Tuesday issued a notice to government on a plea challenging legal provisions which provide 100 per cent reservation to domicile of the Jammu and Kashmir in public employment.
A bench of Justice Tashi Rabstan issued the notice returnable within four weeks on the plea filed by two residents of Haryana and one from Ladakh.
The petitioners have challenged Sections 3A, 5A, 6, 7 and 8 of Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, on the ground that the same are violative of Article 14, 16, 19 and 21 of the Constitution of India.”
They said that section 5A of the law which says that only domicile of the J&K shall be eligible for appointment to any post was violative of Article 16 (3) of the Constitution which guarantees equal opportunity in employment.
The plea further said that the reservations contemplated in Article 16 should not exceed 50 per cent.
The petitioners have also contended that the Parliament has never delegated the law making power of Article 16(3) of Constitution to the Central Government under Section 96 of Jammu and Kashmir Reorganization Act, 2019.
“The power delegated under Section 96 was only for the purpose of facilitating the applications of already prevailing law in former State of Jammu and Kashmir or to make laws applicable to new Union
Territories of J and K and Ladakh,” they said, adding, “Every modification or adaptation of any law shall be done in that reference only and not beyond. Petitioners further contend that the power delegated under Section 96 shall not be in any manner construed as delegation of parliamentary power of Article 16(3) of Constitution of India.”
On July 15, the Supreme Court had asked petitioners to move the J&K High Court with the plea.
“Therefore, if any reservation has to be granted in the UT on the basis of residence, the same may be done only in consonance with Article 16(3) of the Constitution,” the plea said.
In March, the government issued the J&K Reorganization (Adaptation of State Laws) Order 2020 which notified changes in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act.
Section 5A of the Act stated that Level 4 posts will be reserved for domiciles..

RELATED POSTS

J&K, Leh airports to remain shut till May 14 as India extends NOTAM

2 Sgr residents killed, another injured in Anantnag accident

Govt makes key appointments in Jal Shakti Department

Buy JNews
ADVERTISEMENT
Previous Post

Chief Secretary felicitates civil services exam qualifiers of J&K

Next Post

Grenade attack, firing in Shopian 

INS Desk

INS Desk

Related Posts

Sonamarg—Zojila road closed for traffic after fresh snowfall
Regional

J&K, Leh airports to remain shut till May 14 as India extends NOTAM

May 9, 2025
3 persons killed in Kishtwar accident
Regional

2 Sgr residents killed, another injured in Anantnag accident

May 9, 2025
Jal Shakti deptt ends adhocism, uncertainties, regularizes 1969 Engineers
Regional

Govt makes key appointments in Jal Shakti Department

May 9, 2025
Sakeena Itoo, Javed Dar visit shelling affected areas of Bla, Uri
Regional

Sakeena Itoo, Javed Dar visit shelling affected areas of Bla, Uri

May 9, 2025
Under PM’s guidance, J&K Govt changed lives of tribal communities in 4 years: LG
Regional

Indian armed forces ready to deal with any situation: LG Sinha after Uri visit

May 9, 2025
Snowfall: All flights operations cancelled at Sgr Airport
Regional

J&K Haj Committee cancels May 10 flight

May 9, 2025
Next Post
Forces launch CASO in Shopian villages

Grenade attack, firing in Shopian 

Day In Pictures: Strict Restrictions In Kashmir

Day In Pictures: Strict Restrictions In Kashmir

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




Youth’s Body Found In Orchard At Shopian

Policeman Electrocuted To Death, Another Injured In Pulwama  

April 23, 2022
Formulation of ‘City Development Index’ to ensure better assessment, planning, development & service delivery: Chief Secretary

Formulation of ‘City Development Index’ to ensure better assessment, planning, development & service delivery: Chief Secretary

December 6, 2022

Srinagar enlisted in UNESCO Creative Cities Network: A moment to rejoice for Artisans & all Stakeholders

November 9, 2021

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.