The court stated that denying Scheduled Castes (SC) and other reserved category employees the benefit of reservation in promotions violates constitutional provisions and leads to unequal treatment of citizens in Jammu and Kashmir compared to other states.
The court emphasized that the benefits of reservation in promotion are enshrined in Article 16(4A) of the Constitution of India. Denying these benefits to reserved category employees in Jammu and Kashmir would amount to depriving them of their constitutional rights and amount to class legislation, which contradicts the principles of equality laid out in the Constitution.
The bench, led by Justice M.A. Chowdhary, also referenced a previous stand taken by the Jammu and Kashmir government in an affidavit filed before the Supreme Court, where the UT had expressed its intention to implement reservations in promotions.
The court restrained the respondents from making any promotions unless reserved category candidates are considered for promotions in accordance with the law.
The petitioners had filed a writ petition challenging the circular, arguing it violated both Article 16(4A) of the Constitution and the Jammu & Kashmir Reservation Act, 2004.
The court also directed the respondents to collect quantifiable data within six weeks to ensure proper consideration of reserved category employees for promotions, while directing promotions to proceed in accordance with the existing reservation law until the data collection exercise is completed.(KNS)
