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DB grants last opportunity to produce record PIL challenging Reservations Rules of 2005 4/11/2014 12:11:07 AM Early Times Report Jammu, Apr 10 : In a Public Interest Litigation filed by one Ashok Sharma a Social Activist challenged the rule 17 of Reservations Rules framed State of J&K under Reservation Act of the state, Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Muzaffar Hussain Attar took serious note with observations that order dated April 1, 2014 has not been complied with as record has not been produced along with reasons, object and wrong title which led to the framing of rules. Division Bench further observed that State counsel seeks some more time to do the needful and ordered that Let the record be now made available on the adjourned date with the specific clarification that no further adjournment on that account will be granted.This significant order has been passed in a PIL filed by one Ashok Kumar challenging the Rule 17 of Reservation Rules of 2005 suffers from the voice of arbitrariness as it tends to give much more reservation to the candidate of reserved category that their entitlement. According to the counsel for the PIL once a candidate belonging to reserved category is selected against open merit seat than he is to be considered for allotment of discipline/stream/college allocable to him on the basis of his merit and preference. The rules further provides that the resultant discipline/stream/college in the open merit category shall be allotted to reserved category candidate who is selected upon the reserved category candidate getting selected in the open merit category. According to the rules a reserve category candidate selected in the open category can again shifted to reserved that category but he would end up consuming the open merit seat which may not be permissible as per the provision of Article 16 (1) 16(4) and 16 (4 A) of the constitution of India.(JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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