In a recent judgment by the High Court of Jammu and Kashmir, a petition challenging the selection and appointment process for Junior Legislative Assistants in the Jammu and Kashmir Legislative Assembly Secretariat was dismissed. The petitioner contested the allocation of a Scheduled Caste (SC) reservation post to a general category candidate, arguing this action violated the Jammu and Kashmir Reservation Rules of 1994. However, the court ruled that adhering strictly to the reservation roster for a cadre with only three posts would exceed the 50% reservation ceiling, a limit affirmed by the Supreme Court in various judgments.
The High Court’s decision emphasized the balance between providing opportunities for reserved categories and upholding the principle of equality. It clarified that in cases where applying the reservation roster strictly would result in exceeding the 50% reservation limit, such application becomes impermissible by law. This judgment underscores the importance of adhering to established reservation ceilings while also addressing the unique challenges presented by cadres with a small number of posts.
| Case Title | Name(s) of Judge(s) | Name(s) of Lawyer(s) | Date of Order |
|---|---|---|---|
| Rajni Bala v. State of Jammu and Kashmir & Ors. | Hon’ble Mr Justice Sanjeev Kumar | Mr. Roop Lal Advocate for the petitioner; Ms. Monika Kohli Sr. AAG, Mr. Sunil Khajuria Advocate for the respondents | 14.03.2024 |
| Legal Point | Finding |
|---|---|
| Application of Reservation Roster | In a three-post cadre, strictly applying the reservation roster resulting in exceeding the 50% reservation ceiling is not permissible. |
| Ceiling Limit of Reservation | Upholding the 50% ceiling limit for reservations as reaffirmed by Supreme Court precedents. |
| Harmonious Reading of Rules | Rule 10 and Rule 14 of the Jammu and Kashmir Reservation Rules 1994 must be read harmoniously to not exceed the 50% reservation limit. |
| Event | Date |
|---|---|
| Filing of SWP No. 375/2009 | |
| Reservation and Appointment Order Issued | 14.02.2009 |
| Case Reserved | 29.02.2024 |
| Case Pronounced | 14.03.2024 |
This High Court judgment provides a significant clarification on the application of reservation rules in the context of cadres with a limited number of posts, establishing a precedent that balances the rights of reserved categories with constitutional principles.
