Excelsior Correspondent
JAMMU, May 23: The Jammu & Kashmir Reserved Categories Electrical Engineers Association (JKRCEEA) has appealed to the administration of the Union Territory of Jammu & Kashmir to immediately restore reservation in promotions for reserved category employees, as mandated by various constitutional amendments and the court directives.
Addressing media-persons in Jammu today, Legal Advisor of JKRCEEA- Shashi Bhushan Thappa, Anwar Choudhary , Parvez Ahmed Choudhary and Mohd Akram Choudhary- all advocates, while speaking on behalf of JKRCEEA said that during 2015, the Division Bench of the High Court of J&K struck down reservation in promotion under the Reservation Act 2004 and Rules 2005 in the Ashok Kumar Sharma & Others vs State of J&K case. This judgment was stayed by the Supreme Court in multiple tagged Special Leave Petitions (SLPs), including those filed by Mohammad Hanief Lone, Gagan Jyoti, judiciary officers, and engineers in Nasib Singh Vs State of J&K SLP. The Supreme Court allowed promotions for reserved category employees, subject to eligibility and availability of vacancies.
They claimed that despite clear legal backing, certain officers in the Law and General Administration Departments misled the Executive Heads, resulting in the non-restoration of promotion reservations. In 2019, the President of India extended the 77th Constitutional Amendment to J&K through a Presidential order, rendering the High Court’s 2015 judgment infructous. Post abrogation of Article 370 and enactment of the J&K Reorganization Act 2019, the Reservation Act 2004 remained fully applicable to the UT, yet reservation in promotion remained withheld.
Further, GAD Circular No. 10-JK(GAD) of 2021 introduced an illogical policy on reserved slots that was challenged and quashed by the Central Administrative Tribunal benches in Jammu and Srinagar. The High Court of J&K and Ladakh, in Mohammad Jamal Sheikh & King Kumar vs J&K UT (judgment dated 06-03-2025), also directed the Government to promote reserved category employees on their respective slots based on quantifiable data and barred further promotions.
They said Supreme Court’s judgment in Jarnail Singh & Others vs Lachhmi Narain Gupta & Others dated 28-01-2022 restored reservation in promotion nationwide, directing all Governments to collect quantifiable data and implement reservation accordingly. But J&K continues to deny promotions under the false pretext of pending litigation.
Association urged the Lt Governor, Chief Minister, Chief Secretary, and all MLAs from reserved categories in J&K to intervene into the matter.
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