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Facing heat over reservation policy, J&K govt tells High Court that cabinet panel is looking at issue

Petitioners say that while an additional affidavit has been submitted by the National Conference govt, its position on the issue has not changed

jammu and kashmir, reservation, high court,The petitioners, however, say that while the additional affidavit has been submitted, the government's position on the issue has not changed. (File Photo)

After outrage over its stand before the court on the reservation issue, the Jammu and Kashmir government has filed an additional affidavit before the High Court in a petition challenging the enhanced reservation quota in Jammu and Kashmir. In it, the government has informed the court about the setting up of a cabinet sub-committee to examine the issue.

The petitioners, however, say that while the additional affidavit has been submitted, the government’s position on the issue has not changed.

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 2004 to increase reservation for the reserved category in the state to 67 per cent from 43 per cent, with 3 per cent horizontal reservation to ex-servicemen. This has meant that only 33 per cent was left for the general category of candidates – a change vehemently opposed by various political parties and general category students.

Two weeks after it told the court to dismiss the petition challenging the increase in the reservation quota, saying that “no right, fundamental, legal or statutory has been violated” and that the “petition is motivated by malice”, the government has filed the additional affidavit before the court.

“The Answering Respondents most respectfully submits as under: That the Government of J&K has constituted a Sub-Committee… for examining the grievances projected by a section of the aspirants for various posts regarding Reservation Rules, in consultation with all stakeholders. The Committee will submit its report within a period of six months to the Government. Copy of the order is placed on record,” reads the additional affidavit filed by the Deputy Secretary, Social Welfare.

In his earlier affidavit, the Deputy Secretary, while urging the court to dismiss the petition, skipped any mention of the government forming a cabinet sub-committee to examine the issue. In December last year, the government formed a three-member cabinet sub-committee comprising Social Welfare, Health and Education minister Sakeen Itoo, Jal Shakti Minister Javed Rana and Youth services and sports minister Satish Sharma.

“They (government) have submitted an additional affidavit to put on record the setting of a cabinet sub-committee on the reservation issue. Rest, their stand has not changed. It is just an additional affidavit and not a substitution affidavit,” the petitioner Zahoor Ahmad Bhat told The Indian Express. “They (government) continue to speak one language in public and another in the court. But we are sure that the court will look at the constitutionality and allow our petition on this discriminatory reservation.”

Bashaarat Masood is a Special Correspondent with The Indian Express. He has been covering Jammu and Kashmir, especially the conflict-ridden Kashmir valley, for two decades. Bashaarat joined The Indian Express after completing his Masters in Mass Communication and Journalism from the University in Kashmir. He has been writing on politics, conflict and development. Bashaarat was awarded with the Ramnath Goenka Excellence in Journalism Awards in 2012 for his stories on the Pathribal fake encounter. Expertise and Experience Two Decades of Frontline Reporting: Bashaarat has spent 20 years documenting the evolution of Kashmir, from high-intensity conflict and political shifts to socio-economic development. Award-Winning Investigative Journalism: He is a recipient of the prestigious Ramnath Goenka Excellence in Journalism Award (2012). This honor was bestowed for his reporting on the Pathribal fake encounter, a series of stories that highlighted his ability to handle sensitive human rights and security issues with investigative rigor. Specialized Beats: His authoritative coverage spans: Political Transitions: Tracking the shift from statehood to Union Territory, electoral dynamics, and the pulse of local governance. Security & Conflict: Providing nuanced reporting on counter-insurgency, civil liberties, and the impact of the conflict on the civilian population. Development: Documenting the infrastructure, healthcare, and educational landscape within the Valley. Academic Background: He holds a Masters in Mass Communication and Journalism from the University of Kashmir, providing him with a localized academic and professional foundation that is rare in regional reporting. ... Read More

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