HC’s directive for Govt. Employees possessing 2 reserved categories

HC Quashes Govt. Order issued in derogation of Sec. 19 of J&K Reservation Act, 2004

23/05/2017

Jammu, May 22: In a significant Judgment having wide public importance Justice Alok Aradhe of Jammu & Kashmir High Court has quashed Govt. Order dated December, 31, 2014 issued by Commissioner/Secretary to Govt. of J&K, Animal/ Sheep Husbandry Department whereby it was directed that the petitioner Dr. Dil Bhadur Singh Incharge Chief Animal Husbandry Officer, Samba who was possessing SC as well as ALC Category, shall be entitled to avail the benefit of SC Category only in career progression.
While quashing the impugned Govt. Order, Justice Alok Aradhe directed the GAD as well as the Animal/Sheep Husbandry Department to treat the service/career progression of the petitioner under ALC Category in terms of Section 19 of the Jammu and Kashmir Reservation Act, 2004, as per the choice/ option exercised by the petitioner.
AAG Seema Khajooria Shekhar appearing for GAD submitted that the petitioner had already exercised his option and had taken the benefit of SC category at the time of entry into Professional College for undergoing B.V.Sc and AH Course and therefore, he is not entitled to the benefit of ALC Category under Section 19 of the Reservation Act.
Clearly mentioned that no candidate had applied under SC Category which would construe that the petitioner was selected on the post of Veterinary Assistant Surgeon under Open Merit Category. Advocate Ahmed further submitted that the petitioner exercised his option in terms of Section 19 of the Reservation Act, 2004 at the time of his promotion under ALC Category. However the claim of the petitioner for treating his ALC category was denied on the ground that petitioner at the time of entry into service had availed the benefit of SC Category which is factually incorrect. The petitioner, in that fact situation of the case, is entitled to benefit of Section 19 of the Jammu and Kashmir Reservation Act, 2004 as per the option, as the petitioner has entered into the service as Open Merit Category candidate.
Justice Alok Aradhe settled an important question of law on the interpretation of Section 19 of J&K Reservation Act, 2004 and quashed the impugned Govt. Order dated December, 31, 2014 with a direction to the GAD/Animal Husbandry Department to treat the service/career progression of the petitioner under ALC Category in terms of Section 19 of the Jammu and Kashmir Reservation Act, 2004, as per the choice/option exercised by the petitioner. JNF

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