RAHUL SHARMA Vs. STATE
LAWS(J&K)-2020-2-61
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 14,2020

RAHUL SHARMA Appellant
VERSUS
STATE Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)Briefly put, the precise case of the petitioner is that the respondent No.3 vide Advertisement Notification No.Estab/NTW/C&R/ 15/149-200 dated 01.09.2015 notified five posts of Assistant Registrars to be filled up by the University of Jammu (respondent No.2). All the five posts were notified in the general category whereas, as per the relevant statutory rules the respondent No.3 was under an obligation to reserve at least three posts for the category of Resident of Backward Area (hereinafter referred to as 'the RBA'). The grievance of the petitioner is that he, being a resident of backward area and possessing all the requisite qualification, was not considered under the RBA category. He was considered as general category candidate, but, was not selected for having not made the grade. The petitioner, thus, feels aggrieved and seeks to challenge the Advertisement Notification to the extent it notifies all the five available posts of Assistant Registrars in general category without giving due share to the category of RBA. This in long-and-short is the grievance projected by the petitioner in this writ petition.
(2.)The respondents 2 and 3 have opposed the writ petition vehemently. In the reply affidavit filed by the respondents 2 and 3, it is pleaded that as per the University Statute, the reservation is provided only to the categories of the Schedule Caste and Scheduled Tribe for the post of Registrar and equivalent. Reliance has been placed on Note-2 contained in the University Calendar 2010, which is reproduced by the respondents in the preliminary Paragraph-C of the objections. The respondents have further sought to clarify that the reservation provided by the Government in terms of the J&K Reservation Rules, 2005 issued vide SRO 294 is applicable only to the non-teaching position in the University and not to the post of Assistant Registrars and equivalent. Respondents submit that the reservation for the post of Assistant Registrars and equivalent posts is governed by the University Grants Commission norms and, thus, available only to two reserved categories, i.e., Scheduled Caste and Scheduled Tribe. It is in the backdrop of the aforesaid stand taken in the reply affidavit, the respondents have sought dismissal of the writ petition.
(3.)During the course of arguments, Mr. Ajay Abrol, learned counsel appearing for the respondents also took plea that the writ petition was barred by acquiescence as well as delay and laches.
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