Updated: July 16, 2020 1:47:17 am
The Supreme Court on Wednesday declined to entertain a petition difficult the legislation reserving degree four posts in Jammu and Kashmir public service for domicile holders.
A bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat instructed the petitioner that he ought to strategy the Jammu and Kashmir High Court.
The plea mentioned that after scrapping of Article 370 in August final 12 months, the identical legal guidelines as relevant to the remainder of the nation additionally apply to the Union Territory of J&Okay and “due to this fact if any reservation needs to be granted within the UT on the idea of residence, the identical could also be accomplished solely in consonance with Article 16(3) of the Constitution”.
It contended that “sections 3A, 5A, 6, 7 and eight of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act” had been “violative of Articles 14, 16, 19 and 21 of the Constitution of India as these sections direct 100 per cent reservation to domicile of the UT of Jammu and Kashmir in public employment”.
The legislation, mentioned the petitioner, is violative of the Constitution which ensures equal alternative in employment, and likewise goes in opposition to the 50 per cent reservation ceiling laid down by the Supreme Court.
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