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| DB grants last opportunity to state for filling reply | | PIL challenging Reservations Rules of 2005 | | Et Report
Jammu, Nov 4: 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.A Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi after hearing Adv Kuldip Singh Parihar appearing for the PIL whereas Sr. AAG Gagan Basotra appearing for the state, observed that Senior Additional Advocate General has requested for some more time to file reply, granted last opportunity to State for filling reply within four weeks.The PIL 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 to 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 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 reserve category candidate selected in the open category can again shift 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) |
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