MRS. SHASHI PRABHA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) This order shall dispose of two writ petitions referred to above. The facts have been taken from OWP No. 459 of 1996.

(2.) The assertion of the petitioner is that the notification issued by the State Government on 28th of June 1994, i,e. Jammu and Kashmir Reservation Rules, 1994 (here-in-after referred to as Reservation Rules) should be complied with and followed by the University of Jammu also.

(3.) In the exercise of powers conferred under Section 124 of the Constitution of Jammu and Kashmir read with Article 15(4) and Article 16(4) of the Constitution of India, the State Government has issued aforementioned Reservation Rules (popularly identified as SRO 126). Provisions of Section 124 of the Constitution of Jammu and Kashmir are in pari-materia with Article 309 of the Constitution of India. It is these Reservation Rules which provide reservation in the State services. The petitioner submits that this Rule be enforced vis-a-vis reservation while making appointment in the University of Jammu also.