The reservation policy debate in Jammu and Kashmir has reached the courts, with a petition challenging recent amendments to the Jammu and Kashmir Reservation Rules 2005, writes Babra Wani
The debate over Jammu and Kashmir’s reservation policies has moved to the High Court, which is hearing a petition challenging amendments to the Jammu and Kashmir Reservation Rules 2005. The post-2019 changes allocate 70 per cent of reservations to Scheduled Tribes (ST), Scheduled Castes (SC), and other designated categories, leaving 30 per cent for open merit candidates in recruitment, promotions, and admissions.
In a key development, the top court comprising Justices Atul Sreedharan and Moksha Khajuria Kazmi ruled that appointments under the amended rules will depend on the case’s final verdict. The division bench issued the interim order while hearing the petition against the amendments’ constitutional validity.
Petitioners Zahoor Ahmad Bhat, Ishrat Nabi, Ishfaq Ahmad Dar, Shahid Bashir Wani, and Amir Hamid Lone argue that the amendments limit government jobs and education access. They claim the changes reduce open merit seats in recruitment and educational institutions from 57 per cent to 33 per cent, and the Resident of Backward Area (RBA) quota from 20 per cent to 10 per cent.
Simultaneously, reservations for STs have doubled from 10 to 20 percent, and Social Caste allocations have risen from 2 percent to 8 percent. Other categories, including ALC and PHC, have increased from 3 percent to 4 percent. New quotas have also been introduced, such as 3 percent for children of defence personnel, 1 percent for police personnel, and 2 percent for sportspersons.
The petitioners argue these amendments undermine meritocracy by prioritising categorical reservations over broader inclusivity. The court’s ruling could significantly impact recruitment and education in the region.
Legal Clarification
The High Court has sought the advocate General’s assistance to resolve legal complexities surrounding a petition challenging amendments to the reservation policy. The next hearing is set for December 27, 2024, with the court affirming that appointments under the amended rules will depend on the final judgment. This ruling emphasises the need for fairness and constitutional compliance in shaping recruitment and education policies.
The petitioners have called for several provisions of the amendments to be declared unconstitutional, seeking a return to the original 2005 rules. They propose establishing a commission, chaired by a retired High Court judge and including community representatives, to create a more equitable reservation system based on population data. They also advocate for a 50 per cent cap on reservations for general and open merit categories, in line with constitutional principles.
The petitioners argue the amendments disproportionately benefit certain groups at the expense of open merit and RBA candidates, violating the equality principle. They have challenged several government orders, including SO 176 (15 March 2024), SO 127 (20 April 2020), and SO 305 (21 May 2024), claiming they contravene the intent of the 2005 rules.
The region’s high unemployment rate compounds the issue. Jammu and Kashmir’s unemployment rate, already one of the highest in India, rose from 29 per cent to 32 per cent between 2023 and the July–September quarter of 2024. A recent advertisement by the Jammu and Kashmir Public Service Commission for 575 school lecturer positions showed that 59 per cent (337 posts) were reserved, leaving only 238 open to other applicants.
With limited job opportunities, general-category candidates face an increasingly bleak future. “I have zero hopes of finding a job or a stable future,” said Rafi, an aspirant from Kulgam district.
Political Reactions
Aga Syed Ruhullah, a JKNC MP, threatened a sit-in protest outside Chief Minister Omar Abdullah’s residence and vowed to raise the issue in Parliament.
Waheed ur Rehman Para, a Jammu Kashmir Assembly member from PDP, called for a fairer reservation policy, highlighting that opportunities for general category candidates were shrinking. He tweeted, “Out of 575 lecturer posts, only 238 are for open merit candidates, while 337 are reserved. This injustice must end.” He also questioned the NC-led government’s continuation of the BJP-introduced policy.
Former Chief Minister Mehbooba Mufti called for reinstating SRO 49 (2018) of the Jammu and Kashmir Reservation Act to protect access to super-speciality medical courses, stressing that the new reservation policy, reducing the open merit quota to 30 per cent, was unfair. She pointed out the challenges faced by Jammu and Kashmir’s youth, who make up 65 per cent of the population.
In response, Chief Minister Omar Abdullah announced the formation of a three-member committee to review the reservation system, including past Supreme Court rulings, to ensure fairness for all groups. Abdullah emphasised the need for justice without denying anyone their rightful share.
Shifting Policies
The debate over reservation policy intensified in early 2024 when the central government introduced a 10 per cent quota for certain ST sections. The original 2005 reservation act covered ST, Scheduled Castes SC, ALCs, and RBAs, with “Other Backward Classes” (OBC) yet to be defined.
Following the reading down of Article 370 and the amendment of Article 16 in 2019, the Indian Constitution Amendment Act 103 introduced a 10 per cent reservation for Economically Weaker Sections (EWS) nationwide, including Jammu and Kashmir, raising the total reservation to 60 per cent. The new 10 per cent Pahari quota further reduced the open merit category to less than 40 per cent.
The current system allocates 8 per cent for SC, 20 per cent for ST, 10 per cent for EWS, 10 per cent for RBA, 8 per cent for OBC, and 4 per cent for ALC/IB, totalling 60 per cent. Horizontal reservations further reduce the open merit share (3 per cent and 6 per cent). If a reserved category candidate tops the merit list, they are moved to the open merit category, with the vacancy left for the reserved category.
Previously, the system allocated 8 per cent for SC, 10 per cent for ST, 4 per cent for OBC, 4 per cent for ALC, 10 per cent for RBA, and 10 per cent for EWS, totalling 46 per cent.
