Opposition slams govt for defending quota policy in HC, terms language ‘hurtful’

Political parties in J&K have slammed the National Conference (NC) government after it filed an affidavit before the Jammu and Kashmir and Ladakh High Court describing the petition challenging the controversial reservation policy in the UT as an “abuse of judicial process” and demanding its dismissal with the “imposition of heavy costs.”

The high court is currently hearing petitions challenging the UT administration’s 2024 decision, taken under Lieutenant Governor Manoj Sinha, which granted 10 per cent reservation to the Pahari community. This increased the total reservation in government jobs to 60 per cent, leaving only 40 per cent of the posts for general category candidates.

Chief Minister Omar Abdullah has already announced that a sub-committee formed to review the reservation policy would submit its report within six months.

The ruling NC has come under sharp criticism after the J&K Social Welfare Department submitted the affidavit in the matter on Friday. In its objections and submissions, the department claimed that the “petition had been filed on completely false grounds to deceive the high court”. “This petition is an abuse of judicial process, having been filed without any cause of action,” it said.

Questioning the petitioners’ authority to invoke the high court’s extraordinary writ jurisdiction in a personal capacity, the government argued that the impugned statutory order issued by the UT of J&K had not altered the percentage of reservation for the already-declared tribes. It stated that the writ petition, on the face of it, appeared to be an “abuse of judicial process motivated by ill will and ulterior motives”.

“The petition, if allowed, will set a wrong precedent… therefore, the writ petition deserves dismissal at the outset on this ground, without entertaining the merits of the case, and with the imposition of heavy costs,” the affidavit stated. According to the department, it is the government’s responsibility to provide a “level playing field to all sections of the society and create opportunities for those who are least represented in the functioning of the government.”

The government’s submission invited criticism from opposition leaders. PDP MLA Waheed Para said the government was now defending a “deeply flawed reservation policy in court.” “The so-called Cabinet committee was nothing but a facade to mislead the public,” he said.

People’s Conference chief and Handwara MLA Sajad Lone pointed out that the affidavit filed by the J&K Government described the petition as frivolous and sought its outright dismissal. “Nowhere has the government mentioned the formation of a subcommittee on reservations. This is a legal mystery. It seems the government is not taking its own committee seriously enough to merit a mention in its legal affidavit,” he wrote on X.

The Open Merit Students Association of J&K said, “The language used in this response is uncalled for, dismissive and hurtful to the genuine concerns of the open merit section.”

Meanwhile, Social Welfare Minister Sakina Itoo said on Saturday that the subcommittee she headed was holding consultations and would submit its report within six months. Stating that the affidavit filed in the high court was not the final word on the matter, Itoo noted that the Chief Minister was “very serious about the issue and was being updated on a daily basis”. The minister also criticised politicians who had been constantly targeting the government and misleading the public. At least three petitions have been submitted in the high court in this matter. The case is listed for hearing on April 15.

J & K