Plea challenging job reservation for domiciles
Excelsior Correspondent
Srinagar, Oct 27: High Court granted last opportunity to Government for filing objections and reply to the plea seeking quashing of Sections 3A, 5A, 6, 7 and 8 of the J&K Decentralization and Recruitment Act which provides 100 percent job reservation for the domiciles of J&K UT in public employment.
“The respondents are given last opportunity to file the objections to the petition. The needful be done by the next date. Objections be filed to the application by the next date”, Justice Puneet Gupta directed when Advocate General sought time for filing of objections and reply to the contentions raised in the plea by the petitioners.
Three persons two of them are residents of Haryana and one from Ladakh UT have approached the High Court challenging these sections 3A, 5A, 6, 7 and 8 of J&K 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.
Justice Puneet Gupta after hearing both the parties granted last opportunity to Government for filing of reply in the matter. Petitioners content before the court that the Parliament has never delegated the law making power of Article 16(3) of the constitution to the Central Government under Section 96 of J&K Reorganization Act 2019.
This power, he added, was only delegated for the purpose of facilitating the application of already prevailing law in former state of J&K or to make laws applicable to new UTs. “Every modification or adaption of any law shall be done in that reference only and not beyond as the section 96 shall not be in any manner construed as delegation of parliamentary power of 16(3) of the Constitution of India”, petitioner submitted before the court.
It is pertinent that the Supreme Court on July 15 had refused to entertain the plea against 100 percent domicile quota in J&K and had asked the petitioner to move to J&K High Court for the said grievance.
Now the petitioners Nishant Khatri and Najum ul Huda both lawyers by profession along with other one have approached the High Court challenging the 100 percent quota of job reservation for J&K domiciles.
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