Jammu, December 28 (Scoop News) – Jammu Kashmir Civil Services Decentralization and Recruitment Act-2010 banning inter district recruitment expect Schedule Casts category in J&K and rules framed thereunder vide SRO-375 alongwith the advertisement of SSRB issued in pursuance to the Act and rules have been challenged in the State High Court by an organization of Gujjars –a Schedule Tribe Community of Jammu and Kashmir .
In a Writ petition filed by J&K Tribal United Forum (TUF) an organization of Gujjars and others against the Section 13(3) of this Act and 13(5) of the SRO-375 which pertains to “Notwithstanding anything contrary contained in sub rule (2) and(3), for vacancies reserved for the Scheduled Caste category in any Divisional or District cadre, candidate belonging to that category shall be eligible to apply for the said reserved vacancies irrespective of their residence in the concerned District or Division.” thus disallowing the Scheduled Tribes and others from applying for recruitment outside their district of residence.
In this writ petitions, the petitioners prayed before the Court for the quashment of that the particular section of this Act and rules there under which debarred the Scheduled Tribes and others to get the inter-district recruitment are unconstitutional on the grounds that the fundamental rights of Scheduled Tribe communities have been denied by the Govt. which otherwise they enjoy alongwith the Scheduled Castes, by allowing the Scheduled Caste candidates to apply from any district irrespective of their residence.
Justice Sunil Hali after hearing the Advocate Sunil Sethi alongwith Advocate Veenu Gupta for petitioners in the case, issued notice to the Govt. through Chief Secretary, Secretary, Law, Commissioner Secretary General Administration Department (GAD), Commissioner Secretary, Social Welfare Department, Chairman, Service Selection Board and Advocate General, returnable within four weeks. Meanwhile, Court while allowing the Service Selection Board to go ahead with the selection process, directed that the process should not be finalized till the next hearing. This matter is to listed in first week of February 2011.