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Reservation for Paharis
10/2/2022 11:34:03 PM

Recently Jammu and Kashmir and Ladakh High Court dismissed the petition seeking quashment of 4% reservation provided to Pahari speaking people.
The High Court while dismissing the petition observed that a third person, having no concern with the case, cannot claim to have any locus standi to raise any grievance whatsoever.
However, if the actual persons aggrieved, because of ignorance, illiteracy etc., are unable to approach the Court and a person, who has no personal agenda, approaches the Court, then the Court may examine the issue. The petitioner had sought quashment of Statutory Order No.127 dated 20.04.2020 by virtue of which the amendments were made in the relevant rules of Jammu and Kashmir Reservation Rules 2005, wherein 4% reservation was provided to “Pahari Speaking People” in respect of each service, class category, grade in the services and post under the State/Union Territory as per amended Rules 2005.
The statutory order passed by the government is aimed at ensuring that the Pahari speaking people get the benefits of the reservations so that they are able to compete with other sections of the society.
The High Court by dismissing the petition has upheld the statutory order issued by the government and has sent a message that the deprived sections of the society need to be accommodated and provided with the equal opportunities in every sphere of life.
Another important observation which the High Court made was that the people who had filed the petition were not even remotely connected with the case and had no locus standi to seek the quashment of the petition.
The Article 14 of the Constitution maintains that everyone is equal and no one can be treated unequally. The Constitution stresses on providing equal opportunities to one and all. Pahari speaking people live a tough life and they need to be given some reservations which the government has granted them.
Not many Pahari speaking people have made it to the top posts in the administration. They need to be encouraged and provided all the facilities so that they can come up in their lives. After the abrogation of Article 370, the government has been stressing on the need to empower the people from backward sections of the society who were just used as vote banks by the former regimes.
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