Excelsior Correspondent
JAMMU, Nov 11: A Division Bench of Jammu & Kashmir and Ladakh High Court has clarified that the 4 percent reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a compartmentalised category-specific quota.
The Division Bench, comprising Justice Rajnesh Oswal and Justice Sanjay Dhar, decide the question regarding reservation rules for physically challenged persons, while hearing a petition by one Syed Shaifta Arifeen Balkhi, who challenged the selection of candidates for the post of Civil Judge (Junior Division) in Jammu and Kashmir.
A notification issued in August 2023 advertised 69 such positions, including three reserved for physically challenged candidates. Syed Shaifta Arifeen Balkhi, who had participated in the examination under the Open Merit category, argued that the reservation for physically challenged candidates should be compartmentalised, meaning that the reserved seats should be allocated separately within each vertical category (e.g., Open Merit, Scheduled Caste, Scheduled Tribe).
Distinguishing between overall and compartmentalised forms, the Court explained the two primary types of horizontal reservation, drawing from Supreme Court precedents.
DB observed that Overall Horizontal Reservation is calculated based on the total seats, with physically challenged candidates allocated across the vertical categories according to their merit ranking within that overall pool. The Court examined the wording in Rule 4 of the J&K Reservation Rules, 2005, particularly Explanation B. The rules specify that candidates benefiting from horizontal reservation should be adjusted within their respective vertical categories.
DB found that the J&K Reservation Rules explicitly adopt an overall approach for physically challenged individuals, requiring them to be placed within their respective vertical category based on merit. The Court added that the architectural framework of Explanation B in Rule 4 confirms this interpretation, stating that the intent is to interlink the reservations across categories, rather than confining them within each vertical classification.
Further, the Court observed that the petitioner’s reliance on a 2018 Government memorandum and Office Memorandum dated 15.01.2018 was misplaced. These documents have not been formally adopted in the UT of Jammu and Kashmir, and therefore, the guidelines mentioned therein do not hold regulatory authority in this case, the court opined.
Concluding that the 4 percent reservation for physically challenged individuals under the J&K Reservation Rules of 2005 is indeed an overall horizontal reservation, the Court found the petition devoid of any merit and dismissed the same.
Follow our WhatsApp channel
