Ladakh Lawyer files plea in SC against domicile reservation in Jammu and Kashmir

A writ petition has been filed before the Supreme Court to challenge the 100 per cent domicile reservation in public employment in Jammu and Kashmir. The matter is listed for consideration on 15 July.

Earlier, in August 2019, the Central government had revoked J-K’s special status that reserved government jobs exclusively for state subjects, or permanent residents of the erstwhile state. Later, the government introduced a new domicile policy that reserved all jobs and government perks.

The plea has been filed by Ladakh-based lawyer Najmul Huda through Advocate Nishant Khatri (also a petitioner), challenging Sections 3A, 5A, 6, 7, and 8 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, as violative of Article 14, 16, 19 & 21 of the Constitution.

The Petitioners have contended that since abrogation of Article 370, the UT is equally subject to all laws and Supreme Court judgments that are applicable to the rest of the country, the report added. 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.

In this backdrop it is asserted, Section 5A of the Act which stipulates that no person shall be eligible for appointment to any post unless he is a domicile of the Union Territory of Jammu and Kashmir, would render the guarantee of equal opportunity under Article 16(3) “meaningless” and “illusory”.

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