Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules

Court tells petitioner to approach Jammu & Kashmir High Court on reservation of jobs.

July 15, 2020 07:20 pm | Updated 07:21 pm IST - NEW DELHI:

A view of the Supreme Court of India in New Delhi. File

A view of the Supreme Court of India in New Delhi. File

The Supreme Court on Wednesday declined to entertain a petition challenging legal provisions granting 100% domiciliary quota in public employment in the Union Territory of Jammu and Kashmir. A three-judge Bench led by Justice L. Nageswara Rao advised advocate Nahum Ul Huda to approach the J&K High Court.

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The petition had sought the “quashing of sections 3A, 5A, 6, 7 and 8 of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act as violative of Articles 14, 16, 19 and 21 of the Constitution of India as these sections direct 100% reservation to domicile of the UT of Jammu and Kashmir in public employment.”

The plea, filed through lawyer Nishant Khatri, said since the abrogation of Article 370 in August last year, the UT is equally subject to all laws and the Supreme Court judgments which are applicable to the rest of the country.

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“Therefore, if any reservation has to be granted in the UT on the basis of residence, the same may be done only in consonance with Article 16(3) of the Constitution,” it said.

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