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| Reservation roster cannot apply to tenure posts: HC | | | Early Times Report
Jammu, Mar 28: Justice Tashi Rabstan while deciding a petition held that reservation roster cannot apply to tenure posts.
This significant judgment has been passed in a petition filed by Dr. Zoya Chowdhary seeking quashing of Advertisement Notice No.DIP/J-826/17 dated 09.05.2017 issued by Principal, Indira Gandhi Government Dental College, Jammu, whereby seven posts of Registrars in various disciplines of Dental College have been invited. Petitioner is also seeking a direction to the official respondents to apply J&K Reservation Act, 2004 and the rules framed thereunder while filling up these posts.
It is averred that the petitioner belongs to Schedule Tribe Category and roster point No.6 has been fixed for the said category. It is further averred that although these posts were required to be filled up by giving due representation to the reserved categories, however, the said advertisement notice was not in conformity with J&K Reservation Act, 2004 and the rules framed thereunder, therefore, the same was in violation of Articles 14, 15, 16 and 21 of the Constitution of India.
Justice Tashi Rabstan observed that it is the specific case of respondents that since the two posts of Registrars in the Department of Periodontics are tenure posts for a specified period of three years, the provisions of J&K Reservation Act, 2004 and the rules framed thereunder do not apply to the said posts. Even, in the impugned advertisement notice it has clearly been mentioned that the posts-in-question are tenure posts for a period of three years.
Justice Tashi Rabstan further observed that in terms of Section 2(d) of J&K Reservation Act (supra), the reservation is applicable only to the extent of available permanent or temporary vacancies, whereas the posts fallen under Regulation 34-B of J&K Civil Service Regulations are not covered under Reservation Act; meaning thereby Reservation Act and the rules framed thereunder do not apply to the tenure posts.
With these observations High Court do not find any merit in the writ petition and dismissed along with connected miscellaneous petitions and also directed respondents to forthwith fill up the second post of Registrar in Periodontics as per the merit list without any further delay. |
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