ASHOK SHARMA Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS is a Writ Petition in Public Interest (PIL) whereby the petitioner seeks quashing of Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 (for short the Rules) declaring it as ultra vires the Constitution of India and the Constitution of the State of Jammu and Kashmir. Issue mooted for discussion is:

(2.) THE aforementioned issue has its base in the various averments made in the writ petition, which we are reproducing below for easy reference:

(3.) SECTION 9 of the J&K Reservation Act, 2004 (for short the Act) in conformity with Article 16(4) of the Constitution makes provision for reservation in admission to professional institutions by empowering the Government to reserve seats for the candidates belonging to reserved categories with maximum outer limit of 50 per cent of the total seats.