Excelsior Correspondent
Srinagar Aug 2: In a significant decision, Jammu and Kashmir High Court today directed that if there is a single vacancy in any Government Department it can’t be reserved and should be filled under open merit.
Justice Mohammad Yaqoob Mir while dismissing writ petition of a handicapped person who was seeking reservation of the post on the analogy of being handicap, directed the authorities to finalize the process of selection by engaging meritorious candidate on the post of Anganwadi Worker.
Court in its order said: “Petitioner has no case to claim superior right of engagement as Anganwadi Worker under reserved category unless otherwise posses superior merit so as to be taken in general category.”
Advocate Showkat Makroo who was representing the private respondent (selected candidate) argued before the court in support of Supreme Court judgment submitted that only one post is to be filled, even if Reservation Act and Rules would apply, still petitioner has no claim as the post being only one, as such there is no scope for filing the post from the reserved category.
In this backdrop court observed: “The petitioner is a handicapped person for which 3% horizontal reservation is permissible under Reservation Rules which are not applicable, even otherwise it would have been applicable still there is only one post, how could 3% reservation be carved out.”
Official respondents (Social Welfare Department) in its reply specifically pleaded that Reservation Act and Rules are not applicable to the Anganwadi Worker because Anganwadi Worker is not a civil post and the Government has not framed any policy for engagement of Anganwadi Workers.
“So far Government has not taken any policy decision nor has framed any guidelines for extending benefit of reservation in engaging the Anganwadi Workers and it is for the Government to make addition or alteration to the scheme to evolve a formula to the reserved categories”, observed the court.
Petitioner, Khalida Akhter, who had applied along with other candidates for the post of Anganwadi Worker in a Centre at Buchoo, Pulwama was seeking engagement in terms of Reservation Rules as she is 40% handicapped despite the fact that she had secured less mark than the selected candidate.
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