Jammu Kashmir High Court Seeks Response to Petitions Challenging Amended Reservation Rules

SRINAGAR: The High Court of Jammu and Kashmir has directed the authorities to respond by March 6 to petitions contesting the validity of the amended Reservation Rules of 2005. The court has already ruled that appointments made under the amended rules will be subject to the outcome of these legal challenges.

A Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani also approved several applications, including one from a Pahari group seeking to join the case as party respondents.

The primary petition has been filed by Zahoor Ahmad Bhat, Ishrat Nabi, Ishfaq Ahmad Dar, Shahid Bashir Wani, and Amir Hamid Lone. They have argued that the amendments have significantly reduced the quota for open merit in government recruitment and educational institution admissions from 57 per cent to 33 per cent, and for residents of backward areas (RBA) from 20 per cent to 10 per cent. Conversely, the reservation for scheduled tribes (ST) has increased from 10 per cent to 20 per cent, for social castes from 2 per cent to 8 per cent, and for ALC and PHC categories from 3 per cent to 4 per cent each.

Additionally, the amended rules introduced new reservation categories, including 3 per cent for children of defence personnel, 1 per cent for children of police personnel, and 2 per cent for sports performers.

The petitioners have challenged the amendments made through various statutory orders (SOs) and notifications, asserting that these changes violate constitutional principles. They claim the amendments disproportionately reduce opportunities for open merit candidates and RBA groups while expanding other reservation categories.

Among their demands, the petitioners seek to have several amended rules declared unconstitutional, fresh recruitment notifications issued under the unamended Reservation Rules of 2005, and a commission led by a retired High Court judge established to recommend a reservation policy based on population percentages. They have also urged the court to ensure a rational reservation policy that maintains a 50 per cent ceiling for open merit and general categories.