J&K Citizens Also Entitled to Reservation under Article 16(4A), Cannot be Treated Differently

The Jammu & Kashmir HC canceled the government's order that stopped reservation in promotions for SC/ST employees, calling it unfair and against the Constitution.

The J&K government ordered departments to keep reserved promotion slots vacant, prompting employees to challenge it in court, arguing it violated Article 16(4A) of the constitution and the J&K Reservation Act, 2004.

They also cited the Supreme Court’s ruling in Nasib Singh & Ors vs. State of J&K, which allowed promotions under reservation.

The court ruled the denial of reservation in promotions unconstitutional, directing the government to promote eligible reserved category employees and collect representation data within six weeks.