WPPIL No. 25 of 2013, MP No. 77 of 2014, 724 of 2013. Case: Ashok Sharma Vs State and Ors.. Jammu and Kashmir High Court

Case Number:WPPIL No. 25 of 2013, MP No. 77 of 2014, 724 of 2013
Party Name:Ashok Sharma Vs State and Ors.
Counsel:For Appellant: Kuldeep Singh Parihar, Adv. and For Respondent: Ranjit Singh, Dy. A. G., Anil Sethi, Pawan Kumar Kundal, Advs.
Judges:Muzaffar Hussain Attar , J. And Janak Raj Kotwal, J.
Issue:Jammu and Kashmir Reservation Act (14 of 2004) - Sections 9, 10, Rule (2005) Rule 17; Constituion of India - Article 14
Citation:AIR 2016 J & K 42
Judgement Date:September 03, 2015
Court:Jammu and Kashmir High Court
 
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Judgment:

Kotwal, J.

  1. This is a Writ Petition in Public Interest (PIL) whereby the petitioner seeks quashing of Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 (for short the Rules) declaring it as ultra vires the Constitution of India and the Constitution of the State of Jammu and Kashmir. Issue mooted for discussion is: Whether Rule 17 of the Rules tends to give seats to the candidates of reserved categories more than their quota under the Rules and is, therefore, illegal?

  2. The aforementioned issue has its base in the various averments made in the writ petition, which we are reproducing below for easy reference: '

    "i).....the impugned rule is so framed that in the circumstances when a reserved candidate selected against the open merit opts for reserved category benefit then the open merit seat secured by him instead of going to the candidate next in merit again goes to a reserved category candidate, thus causing immense loss of meritorious open merit category candidates" (Ref. part 2 of para 2).

    ii).....the impugned rule of keeping an open merit seat reserved for a reserved category candidate on sole ground of its having been vacated by a reserved category candidate is increasing the anger of open merit candidates. (Ref part 2 of para 2).

    "iii).... A reserved category candidates instead of being selected for his preferential choice in case he qualifies for the same on the basis of his merit and category, instead, is shown selected according to his merit to his less preferential discipline as open merit candidate and another reserved category candidate is accommodated against the reservation quota. Later on reservation benefit is also extended to open merit reserved category selectee and this way against one vacancy in reservation quota two are being selected." (part 2 of para 5)"

    "iv).....if a reserved category candidate can reach to choice of his higher preference on account of his being reserved category candidate he will opt for extension of benefit of reservation and upon his doing so the seat of open merit left vacant by him shall instead of going to next in merit from open category goes to the reserved category candidate who has been selected on account of his being selected in open merit." (part 2 of para 5)"

    v)..... If a reserved category candidate on account of his open merit is selected for a particular discipline or college and he finds himself selected on ground of his additional qualification of belonging to reserved category he is selected for the discipline of his choice but reserving the seat vacated by him for his fellow reserved category candidate thus leaving only diploma courses and lesser important MD/MS seats for open merit category candidates.

    (Emphasis supplied by us)

  3. Heard. We have perused the record.

  4. Section 9 of the JandK Reservation Act, 2004 (for short the Act) in conformity with Article 16(4) of the Constitution makes provision for reservation in admission to professional institutions by empowering the Government to reserve seats for the candidates belonging to reserved categories with maximum outer limit of 50 per cent of the total seats.

  5. Section 10 of the Act, nonetheless, keeps it open for the candidates belonging to reserved categories to be granted admission against the seats other than and in addition to the seats reserved for the reserved categories on merit as compared with candidates not belonging to any reserved category, that is, open merit seats.

  6. Rule 15 of the Rules framed under the Act gives in tabulated form the break up of the seats reserved for candidates of different reserved categories and those available to the candidates in open merit for admission to post-graduate course in MD/MS/M.Tech., Engineering and Agricultural Sciences and similar other post-graduate courses. Rule 15 unambiguously manifests that 65 per cent. of the total seats are kept available for admission in...

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