J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court
4 months, 1 week ago

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court

Live Law  

Resolving a significant question regarding reservation rules for physically challenged persons the Jammu and Kashmir and Ladakh High Court has clarified that the 4% reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a compartmentalised category-specific quota. Overall Horizontal Reservation: In this approach, the reservation is calculated based on the total seats, with physically challenged candidates allocated across the vertical categories according to their merit ranking within that overall pool. The Court found that the J&K Reservation Rules explicitly adopt an overall approach for physically challenged individuals, requiring them to be placed within their respective vertical category based on merit. Concluding that the 4% reservation for physically challenged individuals under the J&K Reservation Rules of 2005 is indeed an overall horizontal reservation, the Court found the petition devoid of any merit and dismissed the same.

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History of this topic

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation
Trending News
1 week, 5 days ago

“Antithetical To Concept Of Equality": J&K High Court Halts Promotions Without Consideration Of Candidates' SC/ST Reservation

Live Law  

The Jammu and Kashmir and Ladakh High Court has restrained the government from making any promotions unless candidates from the Scheduled Caste and Scheduled Tribe categories entitled to reservation are duly considered. Delivering a major relief to reserved category employees who have long been denied their rightful promotions due to a controversial government circular Justice M.A Chowdhary observed, “The respondents …

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court
1 week, 5 days ago

Benefit Of Reservation In Promotion Available To All Under Article 16(4A), J&K Citizens Cannot Be Treated Differently: High Court

Live Law  

The Jammu and Kashmir High Court has expressed its strong disapproval of the circular issued by the General Administration Department directing all the Administrative Secretaries to keep vacant the slots meant for reserved category employees. The Court held that denying the benefit of reservation in promotion to scheduled castes and keeping their seats vacant would lead to treating citizens of …

J&K Reservation Row: NC MP Ruhullah Mehdi, Opposition Leaders Join Students’ Protest
2 months, 3 weeks ago

J&K Reservation Row: NC MP Ruhullah Mehdi, Opposition Leaders Join Students’ Protest

Deccan Chronicle  

Srinagar: Amid strong calls for rationalising the reservation quota and creating a transparent and equitable reservation policy in Jammu and Kashmir, ruling National Conference MP Aga Syed Ruhullah Mehdi and several opposition leaders and activists on Monday joined a students’ protest sit-in outside Chief Minister Omar Abdullah’s official residence along Srinagar’s Gupkar Road. He announced, “We will not move from …

HC seeks govt’s response on plea challenging reservation policy
3 months, 1 week ago

HC seeks govt’s response on plea challenging reservation policy

Hindustan Times  

Jammu and Kashmir high court, acting on a fresh petition challenging the reservation policy, has issued notice to the respondents asking for reply within a time frame of three weeks. The fresh petition, filed by Dawar Ali and supported by a civil society group, has questioned the reservation policy of J&K government calling it “unreasonable”. On November 27, a political …

J&K govt forms panel to re-look into reservation issue
3 months, 1 week ago

J&K govt forms panel to re-look into reservation issue

Hindustan Times  

Over two weeks after the decision to form a cabinet subcommittee to re-look into the reservation policy in jobs and admissions, the Omar Abdullah-led Jammu and Kashmir government on Tuesday issued order for the constitution of the three-member panel. Jammu and Kashmir chief minister Omar Abdullah General administration department, in an order, informed that the committee will comprise health minister …

Growing voices against proposed 70% quota in Jammu and Kashmir
11 months, 3 weeks ago

Growing voices against proposed 70% quota in Jammu and Kashmir

The Hindu  

There are growing voices against the Centre’s move to push reservation quota to 70% in Jammu and Kashmir, in the wake of recent announcements to have a separate 10% reservation for Paharis and other tribes and enhancement of OBCs quota to 8%. “The Jammu and Kashmir administration’s decision to increase ST reservation by 10% at the expense of open merit …

114 seats, migrant quota cleared for J&K Assembly
1 year, 3 months ago

114 seats, migrant quota cleared for J&K Assembly

The Hindu  

The Lok Sabha on Wednesday passed the Jammu and Kashmir Reorganisation Bill, 2023 and the Jammu and Kashmir Reservation Bill, 2023, the former legislation seeking to reserve seats for “Kashmiri migrants, people displaced from Pakistan-occupied Kashmir and Scheduled Tribes” in the yet-to-be constituted 114-seat J&K Assembly. Mr. Shah said former Prime Minister Jawaharlal Nehru made “historical blunders” by taking the …

SC reservation: 2% job quota for Vimukat Jatis, Bazigars to prevail in Punjab, says HC
1 year, 11 months ago

SC reservation: 2% job quota for Vimukat Jatis, Bazigars to prevail in Punjab, says HC

Hindustan Times  

In a significant judgment, the Punjab and Haryana high court has ruled that even if the state has taken contradictory stands on several occasions, its 2001 instructions on 2% job quota to the candidates of Vimukat Jatis and Bazigars in Scheduled Castes category reservation would prevail. Deciding a clutch of petitions pending since 2013, the high court bench of justice …

Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court
2 years ago

Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court

Live Law  

The Supreme Court has recently disapproved of a departmental selection committee’s decision to reduce the qualifying marks after the publication of results to facilitate the appointment of a special category of candidates comprising women, persons with disabilities, and former members of the armed forces, to the post of ‘Supervisor Instructor, Class­III’ in various industrial training institutes across the state of …

Follow horizontal quota for women in Group-1, HC tells TS government, TSPSC
2 years, 5 months ago

Follow horizontal quota for women in Group-1, HC tells TS government, TSPSC

Deccan Chronicle  

Hyderabad: Justice P. Madhavi Devi of Telangana High Court on Friday directed the state government and TS Public Service Commission to follow the principles of horizontal reservation for female candidates in the ensuing Group- 1 selections. The judge said the government and recruitment agency should follow the procedure indicated by the Supreme Court by counting meritorious women candidates against the …

J&K&L High Court Weekly Round Up :September 12 - September 18, 2022
2 years, 6 months ago

J&K&L High Court Weekly Round Up :September 12 - September 18, 2022

Live Law  

Nominal Index : Tufail Ahmad Chota Vs State of J&K 2022 LiveLaw 149 Riyaz Ahmad Wagay Vs UT of J&K 2022 LiveLaw 150 Rayees Ahmad Dar Vs UT of J&K 2022 LiveLaw 151 Parvez Ahmad Baba Vs UT of J&K 2022 LiveLaw 152 Javid Ahmad Shah Vs UT of J&K 2022 LiveLaw 153 UT of J&K Through Chairman JKBOPEE Vs …

Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate: J&K&L High Court
2 years, 6 months ago

Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday observed that the benefit of reservation must reach to the deserving candidate in the category and State is under obligation that this benefit is not eaten away by a candidate of reserved category, who has equal or better merit than that of candidate last admitted in the professional course in …

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC
2 years, 6 months ago

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC

Live Law  

The Madras High Court has categorically held that the reservation for women in public employment can only be made horizontally and not vertically. The provisions stipulate that a minimum 30% of all the vacancies to be filled through direct recruitment shall be set apart for women candidates, irrespective of the fact whether the rule of reservation of appointment applies to …

Change in promotion quota for SC/STs will lead to chaos: Centre
3 years, 4 months ago

Change in promotion quota for SC/STs will lead to chaos: Centre

Hindustan Times  

The Union government on Tuesday cautioned the Supreme Court that any modification in the current policy on reservations in promotion of people belonging to the Scheduled Castes and Scheduled Tribes “would only throw the entire country into chaos”. In his written note, attorney general KK Venugopal claimed that “the whole of the country, including the public services of the states, …

Jammu & Kashmir HC Issues Notice To Center In Plea Against 100% Domicile Reservation In Public Employment In The UT [Read Order]
4 years, 7 months ago

Jammu & Kashmir HC Issues Notice To Center In Plea Against 100% Domicile Reservation In Public Employment In The UT [Read Order]

Live Law  

The Srinagar Bench of the Jammu and Kashmir High Court has issued notices on a petition challenging 100% domicile reservation in public employment, prevalent in the UT. The plea has been filed by Ladakh based lawyer Najm Ul Huda, Advocate Nishant Khatri and Sachin Miglani, challenging Sections 3A, 5A, 6, 7 & 8 of the Jammu and Kashmir Civil Services …

Jammu and Kashmir announces 4% reservation in professional institutions for students from Ladakh
4 years, 7 months ago

Jammu and Kashmir announces 4% reservation in professional institutions for students from Ladakh

India TV News  

Jammu and Kashmir administration on Tuesday announced reservation of 4 percent seats in its engineering, medical colleges for students hailing from Ladakh Union Territory. An official spokesman said, "The decision to this effect was taken at a meeting chaired by Chief Secretary B V R Subrahmanyam here to review status with regard to reservation of seats for students belonging to …

JNUTA writes to Centre over violation of reservation policy
4 years, 7 months ago

JNUTA writes to Centre over violation of reservation policy

The Hindu  

The Jawaharlal Nehru University Teachers’ Association has written to the Ministry of Human Resource Development flagging issues pertaining to violation of reservation policy in faculty recruitment at the university and appealed for intervention. In the letter to MHRD Secretary Amit Khare, the teachers’ body said that there had been a “drastic reduction and exclusion in the number of positions meant …

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules
4 years, 8 months ago

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules

The Hindu  

The Supreme Court on Wednesday declined to entertain a petition challenging legal provisions granting 100% domiciliary quota in public employment in the Union Territory of Jammu and Kashmir. A three-judge Bench led by Justice L. Nageswara Rao advised advocate Nahum Ul Huda to approach the J&K High Court. Letter and spirit: On new domicile rules in J&K | Fact check: …

J&K : SC Refuses to Entertain Plea Against 100% Domicile Reservation In Public Employment; Asks Petitioner To Move HC
4 years, 8 months ago

J&K : SC Refuses to Entertain Plea Against 100% Domicile Reservation In Public Employment; Asks Petitioner To Move HC

Live Law  

The Supreme Court on Wednesday declined to entertain a plea challenging 100% domicile reservation in public employment, prevalent in the UT of Jammu and Kashmir.A bench of Justices L Nageswara Rao, Hemant Gupta & Ravindra Bhat granted liberty to the Petitioner lawyer to approach the High Court of Jammu & Kashmir instead.The plea had been filed by Ladakh based lawyer …

Plea In SC Against 100% Domicile Reservation In Public Employment In UT Of Jammu & Kashmir
4 years, 8 months ago

Plea In SC Against 100% Domicile Reservation In Public Employment In UT Of Jammu & Kashmir

Live Law  

A writ petition has been filed before the Supreme Court challenging 100% domicile reservation in public employment, prevalent in the UT of Jammu and Kashmir. In this backdrop it is asserted, Section 5A of the Act which stipulates that no person shall be eligible for appointment to any post unless he is a domicile of the Union Territory of Jammu …

J&K HC Issues Notice On Plea Challenging Reservation For Pahari Speaking People In Medical Post Graduate Courses In UT [Read Order]
4 years, 8 months ago

J&K HC Issues Notice On Plea Challenging Reservation For Pahari Speaking People In Medical Post Graduate Courses In UT [Read Order]

Live Law  

The High Court of Jammu & Kashmir on Monday issued notice on a petition challenging 4% reservation quota for "pahari speaking people" in medical post graduate courses in various Government Medical colleges of the UT. They are primarily aggrieved by the fact that the 4% quota, granted in favour of "pahari speaking people" by amending Rule 15 of the J&K …

Govt moves bill to provide reservation in jobs for people living on international border in J&K
5 years, 8 months ago

Govt moves bill to provide reservation in jobs for people living on international border in J&K

India TV News  

In great news for people living along the international border in Jammu and Kashmir, Home Minister Amit Shah has moved the Jammu and Kashmir Reservation Bill, 2019, to replace an ordinance issued by the previous government. People living along the International Border in Jammu and Kashmir will get benefits of reservation in direct recruitment, promotion, and admission in professional courses …

Cabinet approves 10% reservation for general category poor in Jammu and Kashmir
6 years ago

Cabinet approves 10% reservation for general category poor in Jammu and Kashmir

Firstpost  

The Centre approved an order for giving reservation benefits to economically weaker sections and for promotion in govt jobs to SCs,STs in Jammu and Kashmir. New Delhi: The Centre on Thursday approved an order for giving reservation benefits to economically weaker sections and for promotion in government jobs to SCs and STs in Jammu and Kashmir. The cabinet “approved the …

No Reservation In Promotion in Aided Educational Institutions If Less Than Five Sanctioned Posts Available: Allahabad HC [Read Order]
7 years, 7 months ago

No Reservation In Promotion in Aided Educational Institutions If Less Than Five Sanctioned Posts Available: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court recently reiterated the law laid down a full Bench of the Court, wherein it was held that the benefit of reservation cannot be provided in promotions, if there are less than five sanctioned posts available.“There is another aspect of the matter, namely, that there were only two sanctioned posts within the quota for promotion in the …

Rajasthan HC Quashes Reservation To Gujjars, Four Other Castes [Read Judgment]
8 years, 3 months ago

Rajasthan HC Quashes Reservation To Gujjars, Four Other Castes [Read Judgment]

Live Law  

Reservation should not be provided to achieve political goals as it results in caste based agitation to bargain with the government,said the BenchThe Rajasthan High Court has quashed a notification dated 16th October, 2015, issued by the state government and Rajasthan Special Backward Classes Act, 2015, which provided 5% reservation to Gujjars and four other castes under the Special Backwards …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

Day after its passage in Haryana Assembly, Jat Quota Bill challenged in High Court
8 years, 11 months ago

Day after its passage in Haryana Assembly, Jat Quota Bill challenged in High Court

India TV News  

Chandigarh: The reservation to Jats and five other communities in government jobs and education was yesterday challenged in the Punjab and Haryana High Court here, days after Haryana Assembly cleared the quota Bill. Advocate Satnarayan Yadav challenged the grant of reservation on the grounds that the Supreme Court has ruled against the overall quota exceeding the 50 per cent threshold …

Those appointed in government service through physically handicapped quota would also be entitled to reservation while getting promoted: SC
10 years ago

Those appointed in government service through physically handicapped quota would also be entitled to reservation while getting promoted: SC

Live Law  

Refusing to accept the Government’s stand, a Supreme Court Bench comprising of Chief Justice H.L. Sikri has ruled that the Government cannot deny quota in promotion to the people who were initially appointed to a post under the reservation policy for the physically handicapped.The Court was hearing the Government’s plea against a decision of the Bombay High Court. Sikri has …

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