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DB grants 2-week time to BOPEE in PIL challenging Reservation Rules 9/17/2014 10:37:38 PM Jammu, Sept 17: In a Public Interest Litigation (PIL), challenging rule 17 of Reservations Rules framed by State of J&K under Reservation Act of the state, a high court division bench of Justice Virender Singh and Justice Tashi Rabstan today observed that supplementary affidavit of the petitioner has already been taken on record but the BOPEE counsel has not responded till date and granted him two weeks time for filing the respond to the PIL. This significant order has been passed in a PIL filed by one Ashok Kumar challenging the Rule 17 of Reservation Rules of 2005 which suffers from the voice of arbitrariness as it tends to give much more reservation to the candidates of reserved category than their entitlement. According to the counsel for the PIL once a candidate belonging to reserved category is selected against open merit seat, he is to be considered for allotment of discipline/stream/college allocated to him on the basis of his merit and preference. The rules further provide 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 reserved category candidate selected in the open category can again be shifted to reserved 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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