The Supreme Court on Wednesday refused to entertain a plea challenging the 100 per cent domicile reservation in public employment, prevalent in the Union Territory of Jammu and Kashmir following the abrogation of Article 370 of the Constitution.
A bench headed by Justice L Nageswara Rao, while refusing to hear the petition, asked the petitioner to approach the Jammu and Kashmir High Court.
“Why are you saying it’s a pan-India affair? You can approach the Jammu and Kashmir High Court with your petition. Withdraw it and go back to the High Court,” the bench said after which petitioner withdrew his plea.
The petition, filed by Ladakh-based lawyer Najmul Huda and Haryana-based lawyer Nishant Khatri, challenged Sections 3A, 5A, 6, 7, and 8 of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010.
The plea said that after the abrogation of Article 370 of the Indian Constitution, all laws and judgments of the top court “applicable to the rest of the country are applicable to Jammu and Kashmir also as it does not enjoy the special status”.
“As per Article 16 (2) of the Constitution, no citizen shall be discriminated on the grounds of residence and if any special privilege or reservation is to be given to local residents of States or Union Territories. . . only (the) Parliament under Article 16 (3) is competent to enact a law which gives domicile or resident-based reservation,” the plea had submitted.