J&K HC issued Notice in Plea challenging 100% domicile Reservation in Public Service

By Weinderlla Sen-

A petition has been filed at Jammu and Kashmir High Court by Advocate Nishant Khatri, Sachin Miglani, and Ladakh based lawyer Najm Ul Huda. The petitioners filed the plea challenging Section 3A, 5A, 6,7 & 8 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010. The plea mentioned that the mentioned Sections are violations of Article 14, 16, 19, and 21 of the Indian Constitution.

The Plea contended that after the amendment of Article 370, the Union Territory just like any other state in the country is bound by all laws and the Supreme Court’s judgments equally. It further stated that after the amendment of Article 370, the UT is not any more entitled to 100% domicile reservation in public employment, any such residential reservation, if granted then it can only be done under Article 16(3) of the Indian Constitution.

The Petitioner added that “Parliament has never delegated the law-making power of Article 16(3) of Constitution to the Central Government under Section 96 of Jammu and Kashmir Reorganization Act, 2019”. The plea further contended that any power delegated under Section 96 of the Act cannot interpret its delegation over parliamentary power of Article 16(3) of the Constitution of India.

The Single Bench Judge issued notice to the Union Ministry of Home Affairs which has to be returned within four weeks. The matter is next listed on 03.09.2020.