Tribune News Service
New Delhi, July 15
The Supreme Court on Wednesday refused to entertain a PIL difficult 100 pre cent domicile reservation in authorities jobs within the Union Territory of Jammu and Kashmir after nullification of Article 370 of the Constitution.
A Bench headed by Justice LN Rao requested petitioner Najum Ul Huda, who hails from Ladakh, to method the Jammu and Kashmir High Court earlier than coming to the highest court docket.
In March, the federal government issued the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order 2020 which notified modifications within the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act. Section 5A of the Act said that Level four posts can be reserved for domiciles.
Huda challenged sections 3A, 5A, 6, 7 & eight of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 on the bottom that these provisions violated Articles 14, 16, 19 and 21 of the Constitution by offering for 100 per cent quota for J&Okay domiciled candidates.
The petitioner sought to emphasize that after the nullification of Article 370, the UT was topic to all legal guidelines and the Supreme Court judgments relevant to the remainder of India.
Section 5A which says that solely domicile of J&Okay shall be eligible for appointment to any put up went towards Article 16 (3) of the Constitution which assured equal alternative in employment.
The reservations contemplated in Article 16 shouldn’t exceed 50 per cent, the petitioner submitted.