SC refuses to hear PIL against domicile quota in jobs

Tribune News Service

New Delhi, July 15

The Supreme Court on Wednesday refused to entertain a PIL challenging 100% domicile reservation in government jobs in Jammu and Kashmir after nullification of Article 370 of the Constitution.

A Bench, headed by Justice LN Rao, asked petitioner Najum Ul Huda, who hails from Ladakh, to approach the Jammu and Kashmir High Court before coming to the top court.

In March, the government issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020, which notified changes in the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act. The Section 5A of the Act stated that the level-IV posts will be reserved for those having J&K domicile.

Huda challenged Sections 3A, 5A, 6, 7 & 8 of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2020, on the ground that these provisions violated Articles 14, 16, 19 and 21 of the Constitution by providing for 100 per cent quota for J&K domiciled candidates.

The petitioner sought to emphasise that after the nullification of the Article 370, the UT was subject to all laws and the Supreme Court judgments applicable to the rest of India.

The Section 5A, which says that only those having domicile of J&K shall be eligible for appointment to any post went against the Article 16 (3) of the Constitution, which guaranteed equal opportunity in employment.

The reservations contemplated in Article 16 should not exceed 50 per cent, the petitioner submitted.