SRINAGAR: The Jammu and Kashmir Government has said reservation in promotions for Scheduled Caste (SC) and Scheduled Tribe (ST) employees was not discontinued as a matter of policy, clarifying that reserved-category slots have been kept vacant pending a final decision by the Supreme Court.
The government was responding to a starred question, D No. 1/6/2, tabled by Kathua MLA Bharat Bhushan, who had asked whether reservation in promotions had been discontinued since 2015-16 due to an alleged erroneous interpretation of judgments of the J&K High Court and the Supreme Court.
In its reply, the government said the position arose following a judgment dated October 9, 2015, passed by the J&K High Court in Civil Appeal No. 10267-10272/2024, titled Asgar Ali/Ashok Kumar & Ors. v. State of J&K & Ors., concerning the constitutional applicability of reservation in promotion in Jammu and Kashmir.
The government said the judgment was subsequently challenged before the Supreme Court, where interim orders were passed in connected proceedings.
“In light of decisions of the Hon’ble Apex Court”, various departments were asked through an Office Memorandum dated June 21, 2016, read with Circular No. 10-JK(GAD) of 2021 dated March 5, 2021, to keep slots meant for reserved-category employees vacant or unfilled until the matter was finally heard and disposed of by the court.
The government rejected the contention that reservation in promotions had been stopped because of a deliberate or erroneous interpretation of judicial pronouncements.
It said the question of reviewing the matter to address alleged injustice to SC and ST employees did not arise in view of its response to the first part of the question.
The government, however, said it remained committed to implementing constitutional and statutory provisions relating to reservation in promotions in accordance with the law and directions of the courts.
The matter, it added, is presently sub-judice before the Supreme Court.
