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| DB asks CS to ensure reservation laws are correctly followed | | | Early Times Report
JAMMU, Sept 3: A Division Bench (DB) of Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Puneet Gupta shown anguish and disappointment with the manner in which the respondents-Union Territory and its predecessor, the State of J&K has been carrying out the reservation. None of the departments have maintained Reservation Register as per the details contained in Appendix-E, appended with the Reservation Rules of 2005 nor have they clearly and correctly maintained the reservation roster. Each time the vacancies become available and are to be referred to the selecting body, the reservation roster is usually started from one and in doing so, the candidates belonging to some of the reservation categories are deprived of their full quota. This also gives ample opportunity to corrupt officials in the government to manipulate diversion of quota to either benefit or deprive somebody of the benefit of reservation. This is an area, which needs attention of the Chief Secretary of the Union Territory. There ought to a periodical audit/check of each department to find out as to whether the provisions of Jammu & Kashmir Reservation Act, 2004 and the Rules framed there under have been carried out in letter and spirit or not and also to ensure that each department maintains roster register to keep the running account of the vacancies from year to year. Wherever roster points in a cadre are exhausted and the quota prescribed by the Rules for reserved category is achieved, subsequent vacancies be filled up from the categories to which the position belonged in the roster. It is only in case of non-availability of reserved candidates at the roster point that point can be carried forward as provided in Rule 5 of the Jammu & Kashmir Reservation Rules of 2005.
DB said the Chief Secretary would take note of the observations we have made herein above and take appropriate measures to ensure that the reservation laws are correctly followed and those for whom the benefit of reservation is envisaged are not deprived of the benefit.
This significant judgment has been passed in a LPA filed by Archana Baloria and another challenged judgment and order dated 08.11.2017 passed by the Single Judge petition titled Aneesh Bhagat and others v. State of J&K and others, whereby the Writ Court has dismissed the writ petition. |
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