HC stays 30% reservation for U'khand-origin women in govt jobs
DEHRADUN: In a landmark judgment, the Uttarakhand High Court has stayed the state government's order of July 24, 2006, giving 30 percent horizontal reservation to women candidates of U'khand origin in the examination conducted for the posts of U'khand Combined Service, Senior Service of the State Public Service Commission.
A division bench of Chief Justice Vipin Sanghi and Justice R S Khulbe pronounced the verdict on Wednesday after hearing a petition filed by Haryana's Pavitra Chauhan and 15 others. The petitioners had sought interim permission to appear for the main examination to be held in October, which was strongly opposed by the commission's counsel but the court has allowed the petitioners to appear in the main examination.
According to the petitioners, the result of the preliminary examination for over two hundred posts in various departments came on May 26, 2022. Two cut-off lists of the unreserved category were taken out in the examination.
Senior advocate Kartikeya Harigupta, appearing for the petitioners, said that as per Article 16 of the Constitution, no state can give reservation on the basis of housing, this right is only with the Parliament. The state can only give reservations to the economically weaker people and backward sections.
Advocate Hargupta told, "The cut-off for women candidates of U'khand origin was 79%, while the petitioner women were disqualified despite scoring above 79%. Because as per the mandate of July 18, 2001 and July 24, 2006, 30 per cent horizontal reservation is being given to women of U'khand origin, which is unconstitutional.
The High Court, after hearing the petitions, stayed the government order issued on July 24, 2006 and allowed the petitioners to appear in the main examination.