Section 5 in Jammu and Kashmir Reservation Act, 2004
5. Vacancies to be carried forward.
(1)Subject to the provisions hereinafter contained, if a sufficient number of candidates is not available from any reserved category during a recruitment process, the posts shall remain vacant and shall be carried forward to the next recruitment process :Provided that nothing herein contained shall prevent launching of a special drive by a selection agency to fill the carried forward vacancies by inviting applications exclusively from persons belonging to such category.(2)If in the first attempt of recruitment, suitable candidates are not available, second attempt may be made in the same recruitment year and if even then suitable candidates are not available, the vacancies shall be treated as backlog vacancies.(3)In subsequent year, when recruitment is made for reserved vacancies, the backlog vacancies shall also be notified :Provided that the total number of reserved vacancies including backlog vacancies shall not exceed the percentage reserved for such categories.(4)The reserved vacancies remaining unfilled for a period exceeding three years shall be treated as de-reserved.
