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news details
HC notice to Centre, State on Sagar's plea against Reservation Ordinance
5/8/2019 10:45:15 PM
Early Times Report
Srinagar, May 8: The Jammu and Kashmir High Court on issued a notice to centre and state governments on a petition filed by National Conference general secretary Ali Mohammad Sagar, seeking directions to declare Jammu & Kashmir Reservation (Amendment) Ordinance 2019 as "unconstitutional".
The notice was issued by a bench of Justice Tashi Rabstan after hearing counsel for Sagar who also seeks directions commanding the authorities not to give effect to the amendments till disposal of the writ petition.
"The Court may also pass any other order or direction as it may deem fit and proper under the facts and circumstances of the case," he said.
The Centre in February 28 approved an order for giving reservation benefits to economically weaker sections and for promotion in government jobs to SCs and STs in Jammu and Kashmir. The decision had been taken at a meeting of the Union Cabinet, chaired by Prime Minister Narendra Modi.
"The cabinet approved the proposal of Jammu & Kashmir Government regarding amendment to the Constitution (Application to Jammu & Kashmir) Order, 1954 by way of the Constitution (Application to Jammu & Kashmir) Amendment Order, 2019," said official release. "It will serve the purpose of application of relevant provisions of the Constitution of India, as amended through the Constitution (Seventy Seventh Amendment) Act, 1995 and Constitution (One Hundred and third Amendment) Act, 2019 for Jammu and Kashmir, by issuing the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019 by the President under clause (1) of Article 370," it had said.
The Constitution (Seventy Seventh Amendment) Act, 1995 provides for reservation in promotion for the Scheduled Castes and the Scheduled Tribes, while the Constitution (One Hundred and third Amendment) Act, 2019 provides for 10 per cent reservation in education and government jobs to economically weaker sections. The government had enacted a law last month to provide 10 per cent reservation in jobs and education for the general category poor. The Union Cabinet also decided to promulgate an ordinance -- The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 -- to give reservation benefits to the people living along the International Border in Jammu and Kashmir, who often face shelling from across the border.
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