The Supreme Court of India on Wednesday declined to hear a petition challenging the fresh domicile law in Jammu Kashmir.
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A report published by News Indian express stated that a bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat informed the petitioner that he should approach the Jammu Kashmir High Court, not the supreme court.
The plea filed said that after Government of India abrogated the special status of Jammu Kashmir in August last year, the same laws as applicable to the rest of the country also apply to the Union Territory of J&K and “therefore if any reservation has to be granted in the UT on the basis of residence, the same may be done only in consonance with Article 16(3) of the Constitution”.
The plea contended, “sections 3A, 5A, 6, 7 and 8 of the Jammu Kashmir Civil Services (Decentralization and Recruitment) Act” were “violations of Articles 14, 16, 19 and 21 of the Constitution of India as these sections direct 100 per cent reservation to domicile of the UT of Jammu Kashmir in public employment”.
“The law is violation of the Constitution that guarantees equal opportunity in employment, it also goes against the 50 per cent reservation ceiling laid down by the Supreme Court,”, said the petitioner.
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