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Jammu and Kashmir High Court restrains govt from making promotions until SC, ST candidates considered

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The Jammu and Kashmir High Court has restrained the government from making any promotions unless candidates belonging to the SC, ST reserved categories, entitled to reservation in promotions, are considered.

A bench of Justice M A Chowdhary issued these directions in the case of Mohammad Jamal Sheikh and King Kumar against the UT government.The petitioners approached the High Court, claiming that they represent the engineers serving in J&K Power Transmission Corporation Limited, Jammu Power Distribution Corporation Limited and Kashmir Power Distribution Corporation Limited, belonging to various reserved categories like Scheduled Castes (SCs), Scheduled Tribes (STs), Residents of Backward Area (RBA), Actual Line of Control (ALC) and Other Social Castes (OSCs).

They alleged that they had been denied reservation in promotions, to which they are entitled to in terms of Article 16(4A) of the Constitution of India. The petitioners referred to the circular no 10-JK (GAD) of 2021 dated 5.3.2021 issued by the Commissioner/Secretary to Government, General Administration Department, asking Administrative Secretaries to keep the slots meant for reserved employees vacant and unfilled. The petitioners contended that the respondents have been deliberately denying reservation in promotions to the members of the petitioners’ association, who are entitled to be considered for promotion “not only in terms of Article 16(4A) of Constitution of India but in terms of Jammu and Kashmir Reservation Act, 2004 as well as Jammu and Kashmir Reservation Rules, 2005.”

The plea was also made that the circular “ whereby all the Administrative Secretaries have been asked to keep the slots meant for reserved employees vacant/unfilled, be quashed directing the respondents to promote the petitioners as well as other reserved category employees of the UT of Jammu and Kashmir to their respective categories.”

The High Court directed that the respondents to collect quantifiable data “having regard to the cadre as unit for consideration of collection of quantifiable data within a period of six weeks from the date of this judgment and then accord consideration to the reservation in promotions to the petitioners as and when promotions to the next cadres are considered.” The bench further held that in absence of any “quantifiable data the respondents shall proceed to consider the petitioners for reservation in promotions against the reserved slots in view of Jammu and Kashmir Reservation Act, 2004 and rules framed thereunder till the exercise for collection of quantifiable data is made by the Administrative Departments.”

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