J&K TRIBAL UNITED FORUM Vs. STATE

JUDGEMENT

(1.) The writ petition on consideration is admitted to hearing and at request of learned counsel for the parties, is taken up for final disposal.

(2.) The State Government sometime in 2010, took a policy decision to organize posts borne on the establishment of different departments or on the service of the Government into District, Divisional and State Cadres and to restrict appointment to District and Divisional Cadres to eligible candidates permanently residing in the concerned district or division respectively. It was, however, decided to carve out an exception in favour of candidates belonging to Scheduled Caste Category as regards posts under District Cadre and Divisional Cadre. In other words, a candidate belonging to Scheduled Caste Category would be eligible to apply for any post in the District or Divisional Cadre irrespective of his/her permanent place of residence. The policy decision led to enactment of the Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010 (hereinafter referred to as "the Act of 2010"). Sections 6 and 13 are relevant to the controversy raised in the petition on hand and need to be noticed;

(3.) The State Government in exercise of powers under Section 15, prescribed Rules styled as "Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010" (hereinafter referred to as "the Rules of 2010") and notified vide SRO 375 dated 21st October, 2010. Rule 13 reiterates the legislative intent incorporated in Sections 6 and 13. It reads;