After affidavit defending reservation policy kicks up row, J-K govt goes into damage control

Introduced in April last year by the Lieutenant Governor-led UT administration, the policy amends Rule 4 of the Jammu and Kashmir Reservation Act of 2005 to increase reservation for reserved category in the state to 67 percent from 43 percent, with 3 percent horizontal reservation to ex-servicemen. This has meant that only 33 percent was left for the general category of candidates – a change that has been vehemently opposed by various political parties.

In the petition challenging the policy, the petitioners said it was “ultravires to the Constitution”.

In an affidavit submitted in the J&K High Court, Deputy Secretary Social Welfare said “no right, fundamental, legal or statutory has been violated” and that by not challenging the reservation granted to these communities within the upper limit of 50%, the petitioners (have) affirmed that these classes are inadequately represented.

“That the writ petitioners before this Hon’ble Court have not challenged the reservations up to 50% and have only challenged the enhancement of reservation…By not challenging the reservation granted to these communities within the upper limit of 50%, the petitioners (have) affirmed that these classes are inadequately represented,” the affidavit said.

It added that subject to the fulfillment of the social test for the breach of the 50 percent ceiling, “it is for the State to decide the requisite reservation to cure the said inadequate representation of these classes”.

“Test for Breaching the 50% Ceiling is not a ‘Geographical Test’ but a ‘Social Test’,” the affidavit said.

The enhancement of reservation by the LG administration just before last year’s general election snowballed into a major controversy in Jammu and Kashmir.  While both the National Conference and the Peoples Democratic Party promised to review the policy in their election manifestos, the “disproportionate enhancement” in reserved seats caused a rift within the National Conference with its parliamentarian, Aga Ruhullah, attending the protests outside chief minister Omar Abdullah’s Srinagar residence.

After the protests, Chief Minister Omar Abdullah formed a cabinet sub-committee to examine it and submit its report within six months.

Soon after the affidavit was filed, the Opposition took a dig at the National Conference government over it.

“In an affidavit filed before the J&K High Court yesterday by J & K Government in the case of Zahoor Ahmed Bhat and others vs UT of J&K, pertaining to reservations, J&K government has submitted that the petition is frivolous and sought its outright dismissal,” Peoples Conference President Sajad Lone posted on X. “Nowhere has the government mentioned the formation of a sub-committee on reservations. This is a legal mystery. Seems the government is not taking its own committee serious enough to merit a mention in its legal affidavit”.

Peoples Democratic Party (PDP) youth president and legislator Waheed Para said that the cabinet sub-committee formed by the government on reservations seems to be a façade.

“J&K government now defends a deeply flawed reservation policy in court. The so-called Cabinet Committee was nothing but a façade to mislead the public,” Para said. “Now, they’re seeking to dismiss the writ petition as baseless another blatant attempt to sabotage the future of meritorious students in J&K”.

Now under fire, the National Conference government rushed into damage control. While the government announced that the cabinet sub-committee would meet the delegations on Sunday, Social Welfare Minister Sakina Itoo, who heads the sub-committee addressed a press conference in south Kashmir.

“Mein kehna chahti hun ki jo affidavit court mein pesh kiya gaya, woh gol mol hai. (I want to say that the affidavit that has been submitted in the court is vague. How it was submitted is another question,” Itoo said without elaborating on it. “As a social welfare minister and member of the (cabinet sub) committee, I would say that the committee would submit its report in six months and that report would be implemented”.

The government will submit a fresh affidavit in the court if needed, she said. But she also accused the Opposition of politicking over the issue.

“The government will do it and not hesitate. We are sincere,” she said.

The Opposition, however, remained unconvinced, PDP’s Iltija Mufti calling Itoo’s press conference a “brazen contempt of court”. “We live in strange times. Apparently ‘Truth’ is stated in front of the media while as what official affidavits reflect is mere hogwash. Legal harakiri & brazen contempt of court,” she posted on X Saturday.