A writ petition has been filed by Advocate Nishant Khatri and Najmul Huda before Supreme Court challenging 100% domicile reservation in public employment in Jammu and Kashmir. Under Sections 3A, 5A, 6, 7 & 8 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, as violative of Article 14, 16, 19 & 21 of the Constitution.
“100% reservation on the basis of domicile or residence is unambiguous violation of the law as it would render the guarantee of equal opportunity contained in Articles 16(1) and 16(2) wholly meaningless and illusory. Supreme Court has time and again made it clear that the reservations contemplated in Article 16 should not exceed 50%. Hence, 100% reservation for domicile of Union territory of J&K is clear cut violation of law laid down by Supreme court,” the plea states.
Jammu and Kashmir was a State until 5 August 2019 when the Government of India issued a jammu and kashmir reorganization act, 2019 that revoked J&K special status under Article 370 of the constitution of India and now Jammu and Kashmir is an union territory.