SRINAGAR: The Jammu and Kashmir Government has sought outright dismissal of a petition challenging the existing reservation framework, stating that it is frivolous, misleading, and intended to misuse the judicial process.
In an affidavit filed by the Social Welfare Department in the High Court, the government submitted that the writ petition should be dismissed at the outset.
“This petition is an abuse of the judicial process, having been filed without any cause of action. The petitioners have submitted the present petition on entirely false grounds in an attempt to mislead the Hon’ble Court,” read the objections filed by Deputy Secretary, Social Welfare Department, Mohd Imran Naik.
The petition has been filed by Zahoor Ahmad Bhat and others, who have challenged the reservation framework currently in place in Jammu and Kashmir.
According to the government, the writ petition is, on the face of it, an attempt to misuse the judicial process, driven by ill intent and ulterior motives.
“The petition, if allowed, would set a wrong precedent, encouraging similar litigations by unscrupulous individuals, thereby wasting the valuable time and resources of the Hon’ble Court by undermining its authority. Therefore, the writ petition deserves dismissal at the outset, without examining its merits, and with the imposition of heavy costs,” the affidavit reads.
Citing the Indira Sawhney judgment, the government submitted that the 50% ceiling on reservations is not an inviolable rule and may be exceeded in exceptional cases.
The government also stated that the rules mandate “adequate representation” and not “proportionate representation”.
It further added that the petitioner had failed to understand that Article 16(4) provides for adequate, not proportional, representation. (KNO)
