Excelsior Correspondent
JAMMU, May 22: High Court today quashed a Government order issued by Commissioner Secretary Animal and Sheep Husbandry Department whereby it was directed that Dr Dil Bhadur Singh, Incharge Chief Animal Husbandry Officer, Samba, who was possessing SC as well as ALC Category, shall be entitled to avail the benefit of SC Category only in career progression.
When the matter came up for hearing, Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted, “from the perusal of the impugned order itself, it is evident that the petitioner was appointed as Veterinary Assistant Surgeon under the Open Merit Category and therefore, under Section 19 of the Jammu and Kashmir Reservation Act, 2004, the petitioner was entitled to claim benefit in the category of his choice for promotion in the Government Service and the petitioner had exercised the option when he was asked to do so”, adding “this aspect of the matter was not appreciated by the Animal Husbandry Department while passing the impugned order”.
On the other hand, Senior AAG Seema Khajooria Shekhar appearing for GAD submitted that the petitioner had already exercised his option and had taken the benefit of SC category at the time of entry into Professional College for undergoing BVSc and AH Course and therefore, he was not entitled to the benefit of ALC Category under Section 19 of the Reservation Act.
After considering the submissions of both the sides, Justice Alok Aradhe settled an important question of law on the interpretation of Section 19 of J&K Reservation Act, 2004 and quashed the impugned Government Order dated December 31, 2014 with a direction to the GAD/Animal Husbandry Department to treat the service/career progression of the petitioner under ALC Category in terms of Section 19 of the Jammu and Kashmir Reservation Act, 2004 as per the choice/option exercised by the petitioner.
Follow our WhatsApp channel