Cap can exceed 50% in exceptional cases: Govt
Srinagar, Oct 30: The government on Thursday said that the report of the Cabinet Subcommittee on Reservations had been submitted to the Council of Ministers and would be notified in “due course of time”.
It acknowledged that the existing reservation policy in J&K was not in conformity with the 50 percent cap laid down as a guideline, while stating that the cap could be exceeded in “exceptional circumstances”.
The government was responding to a question from the legislator Waheed-ur-Rehman Para.
In related answers to questions of two legislators, People’s Conference (PC) leader and MLA Handwara Sajjad Lone, and independent MLA from Shopian, Shabir Kullay, the government detailed the modalities of the reservation policy and its review.
“Currently, reservation in recruitment or government jobs and admissions in professional institutions is provided in accordance with the provisions outlined in the Jammu and Kashmir Reservation Act, 2004, and the rules made there under in the year 2005, read with S O 176 of 2024 dated March 15, 2024,” the government replies to the questions pertaining to 50 percent cap and whether Open Merit (OM) candidates stand discriminated by the existing policy.
The government said that a large number of grievances had been received from various sections of society regarding the existing reservation rules.
This prompted the government to constitute a Cabinet Sub-Committee on December 10, 2024.
The mandate of the committee is to examine the “grievances in consultation with all stakeholders and concerned and rationalise the existing reservation policy across all categories”.
It said that the committee had submitted its report before the Council of Ministers, which would be “finalised in due course of time after obtaining the requisite approval of the competent authority”.
While providing its take on a 50 percent cap on reservation, the government said, “The Supreme Court in Indra Sawhney versus Union of India (1992) case has held that reservations should ordinarily not exceed 50 percent of the available vacancies. However, it also clarified that this ceiling is not an absolute rule and may be relaxed in extraordinary situations, where exceptional circumstances and peculiar facts of a particular state or region justify such a departure.”
It said that in the Janhit Abhiyan versus Union of India (2022) case, the Supreme Court upheld the constitutional validity of the 103 Constitutional Amendment, which introduced 10 percent reservation for Economically Weaker Sections (EWS) in admissions and public employment.
The government said that the court has held that 50 percent is “a rule of prudence intended to maintain balance between equality and affirmative action”.
The J&K government said that it has taken note of various representations received from different sections of society, although the existing reservation policy aligns with constitutional provisions and judicial principles.
