SANJIB KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Writ petitioners, belong to reserved categories, have projected a grievance to the effect that in the process of regularization of 'Rehbar -e -Zirat', the Reservation Rules are not being followed. Earlier, a petition SWP No. 738/2014, titled, Sanjib Kumar & Ors. v/s. State & Ors. on similar grounds was filed, which stand disposed of on 18.03.2014 with a direction to the respondents to consider the claim of the petitioners for their regularization in pursuance to Government Order No. 235 -Agri of 2011, dated 10.08.2011 having regard to SRO 294 of 2005 and also the J&K Reservation Act.

(2.) The matter appears to have been considered by the respondent -Authorities. The opinion of the Social Welfare Department suggests that the Reservation Rules cannot be applied to the proposed regularization of Rehbar -e -Zirat, as against specially newly created posts. Such regularization is a deviation from normal recruitment process.

(3.) To address the issue as to whether Reservation Act and Rules apply to the Policy adopted for regularization of Rehbar -e -Zirat, it shall be advantageous to precisely notice the factual position.