Early Times Report
jammu, Feb 24: The Apex Court gave interim relief to the judicial officers of reserved categories of the J&K State by staying the order of Jammu and Kashmir High Court in which the provisions of reservation in promotions of judicial were struck down with the order stating that post of Civil Judge (Senior Division) falls beyond purview of Rule 17 of Reservation Rules, 1994 as well as Rule 9 of Reservation Rules, 2005 and benefit of reservation cannot be given effect while making promotion to the post.
The Supreme Court ordered stay in a petition filed against the Judgment of Division Bench of Jammu and Kashmir High Court wherein reservation of promotion to judicial officers of reserved categories was declared null and void and unconstitutional.
A full Bench of Supreme Court comprising the Chief Justice, Justice R.Banumathi and Justice Uday Umesh Lalit ordered stay with regard to the issue reservation in promotion to judicial officers of reserved categories. The court also issued notice and tagged the instant SLP with already pending S.L.P. (C) No.32820 of 2015.
The Court order issued reads: "Issue notice, Tag along with S.L.P. (C) No.32820 of 2015. In the meantime, the operation of the impugned order dated 27.11.2015 passed by the High Court shall remain stayed. This order, however, shall not prevent the High Court from considering eligible candidates for promotion to the next higher post of Civil Judges (Senior Division) provided any vacancies for such consideration are available."
The Judgment passed by the Division Bench of Jammu and Kashmir High Court on November 27 last year was challenged by the aggrieved persons by way of Special Leave Petition (SLP) titled Vinod Kumar Bhagat & Ors Versus State of Jammu and Kashmir and Ors before the Supreme Court.
The Division Bench of the High Court observed, "The petitioners case is that the course followed by Registrar General offends Rule 31 of J&K Reservation Rules, 2005 as also Rule 24 of J&K Civil Services (Classification, Control & Appeal) Rules, 1956.
Division Bench observed, "let us assume for a while (though such assumptions is not available because of clear stand taken by respondent No. 2 that the Gradation List has been prepared having regard to Reservation Rules of 1994), that Gradation List has been prepared in accordance with Rule 10, J&K Reservation Rules, 2005. The list does not even tally with the Roster for Promotion prescribed under Rule 10, Reservation Rules 2005", adding "the Roster prepared in terms of Rule 14 Reservation Rules of 1994, to effect reservation provided under Rule 10 at the time of recruitment, identifies slots for all the reserved categories mentioned in Rule 10. However, Roster prepared under Rule 18 to effect reservation in promotions provided under Rule 17, identifies slots for Scheduled Tribe and Scheduled Caste categories only". "The impugned Gradation List on the other hand identifies slots for all the Categories-- SC, ST, RBA, OSC, ALC Category. It may be pointed out that while Rule 10 Reservation Rules of 1994 provides for reservation at the stage of recruitment of all the reserved categories, Rule 17 providing for reservation in promotions, restricts such reservation only to SC and ST categories. It does not leave any room for reservation in promotions for Reserved Backward Area, ALC, Social Caste and Other Social Caste Category", the DB said, adding "the Gradation List, in the circumstances, is neither in tune with the Reservation Rules 1994, nor does it satisfy the requirements of Reservation Rules 2005. |
