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| HC issue Notice to JK Govt | | Act banning Inter District Recruitment challenged in HC | | EARLY TIMES REPORT
Jammu, Dec 28: Jammu Kashmir Civil Services Decentralization and Recruitment Act-2010 banning inter district recruitment except for Schedule Casts category in J&K and rules framed there under vide SRO-375 along with the advertisement of SSRB issued in pursuance to the Act and rules have been challenged in the State High Court.
In a Writ petition filed by J&K Tribal United Forum (TUF) an organization of Gujjars and others against Section 13(3) of this Act and 13(5) of the SRO-375 which reads "Notwithstanding anything contrary contained in sub rule (2) and(3), for vacancies reserved for the Scheduled Caste category in any Divisional or District cadre, candidate belonging to that category shall be eligible to apply for the said reserved vacancies irrespective of their residence in the concerned District or Division." Thus preventing the Scheduled Tribes and others from applying for recruitment outside their native districts.
The petitioners seek quashment of the said section of this Act and rule there under which debar the Scheduled Tribes and others to get the inter-district recruitment. The petitioners say the section was unconstitutional on the grounds that the fundamental rights of Scheduled Tribe communities have been infringed by this section which otherwise they enjoy along with the Scheduled Castes, by allowing them to apply from any district irrespective of their residence.
Justice Sunil Hali after hearing the parties issued notice to the Government through Chief Secretary, Secretary, Law Department, Commissioner Secretary General Administration Department (GAD), Commissioner Secretary Social Welfare Department, Chairman Service Selection Board and Advocate General returnable within four weeks. Meanwhile, Court while allowing the Service Selection Board to go ahead with the selection process directed that the process should not be finalized till the next hearing. This matter is to be listed in first week of February 2011.
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