Jammu: In a landmark judgment, Jammu and Kashmir High Court today held that there shall be no benefit of reservation in promotions in the state of Jammu and Kashmir.
In a bunch of petitions, J&K High Court, Jammu wing here held that there shall be no benefit of reservation in promotions in the state of Jammu and Kashmir and also struck down Section 6 of Jammu and Kashmir Reservation Act 2004, and Rules 9, 10 and 34 Jammu and Kashmir Reservation Rules 2005 as ultra vires.
The judgment has been passed in a bunch of petitions challenging the promotions of AE to AEE and AEE to XENs. The Division Bench after hearing battery of lawyers, struck down the section 6 of Reservation 2004 which authorizes the State Govt for providing reservation in promotion by framing rules.
The Division Bench comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal further observed that petitioners are members of J&K Engineering (Gazetted) Service Hydraulic Wing, J&K Law Officer (Subordinate) Service, J&K Engineering (Gazetted) Service, J&K Animal Husbandry (Gazetted) Service.
They are aggrieved of different Government orders, whereby private respondents in writ petitions, though junior to them, have been promoted to next higher level ahead of them under Reservation Act and Rules, and thereby allowed to steal march over them.