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| HC upholds 2% reservation for OSC in Junior KAS | | | Early Times Report
Jammu, Aug 26: A Division Bench of J&K High Court comprising Chief Justice Aftab H Saikia and Justice Hakim Imtiyaz Hussain upheld the judgment of Single Judge regarding two percent reservation of OSC category out of 204 posts in Junior KAS.
This landmark judgment passed in Six Letters Patent Appeals filed by State against the judgment/order dated July 20, 2002 passed by the Writ Court in Six petitions. On February 10, 1999 an advertisement was issued by the J&K Public Service Commission for holding J&K Combined Services Competitive Examination, the last date of receipt of application forms was fixed March 16, 1999. In the notification total number of vacancies was not notified but later on vide another notification dated May 15, 2000, the PSC notified five vacancies under Junior Scale and 204 vacancies in other services like J&K Police (Gazetted) Service, J&K Revenue(Gazetted) Service, J&K Secretariat (Gazetted) Service. The petitioners in the writ petitions also applied and participated in the process of selection; they qualified written examination and were appeared in the interview also. On completion of the process, the PSC made selection on the basis of which appointments were made by the respondents. The petitioners did not however, figured in the list of successful candidates. All these petitioners belong to Weak and under Privileged Class Community known as social castes (OSC). They stated that in terms of Rule 10 of J&K Reservation Rules 1994, two percent reservation is provided for OSC, so four posts out of 204 posts notified should have been reserved for the OSC category. Their grievances are that the respondents did not provide any posts under OSC category in the notification May 15, 2000 and did not select any candidate from OSC category.
This landmark judgment written by Justice Hakim Imtiyaz Hussain for the Division Bench after hearing Advocate General MI Qadiri with Deputy AG Neeru Goswami for the appellant State whereas Advocates MK Bhardwaj, DC Raina with Advocates Surinder Kour, Ajay Abrol appeared for the respondents observed that on consideration of matter, the HC finds due force in the submissions of Senior Advocate MK Bhardwaj for the respondents and referred the objections filed by respondent State in a petition titled Manjeet Rai Vs Public Service Commission & Others, further observed that since there is a clear admission on behalf of the state that till 1999 a single roaster was maintained for all the combined services and as the present selection started in February , 1999, Division Bench find the vacancy position category wise was required to be worked out for 204 posts on the basis of single roaster being maintained for the purpose and also referred the judgments of the Supreme Court and said that in view of the admission of respondents and in terms of the reservations rules which provides 2% reservation for OSC Category out of 204 post, four posts will go to the OSC category and find no force in the pleas raised by the State and do not find the any ground to interfere with the impugned judgment and the order and dismissed all these six appeals filed by the State. JNF
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