Jammu & Kashmir High Court
Jagdev Singh vs . on 20 May, 2019
Author: Rajesh Bindal
Bench: Rajesh Bindal, Sindhu Sharma
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
Regular List
Item No. 20
PIL No.8/2019[WP(C)PIL No.8/2019]
Date of order: 20.05.2019
Jagdev Singh
Vs.
State through Secretary General Administration Department and ors.
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
Appearance:
For the petitioner (s) : Petitioner is present in person.
Mr. Sheikh Faraz Iqbal, Advocate as Amicus Curiae
For the Respondent (s): Mr. H A Siddiqui, Sr. AAG for R-1.
Mr. Vishal Bharti, Dy. AG for R-2.
RAJESH BINDAL, J:
01. The present petition has been filed in public interest. Before filing the present petition for the relief claimed, the petitioner filed a representation to the State (Annexure-A).
02. The prayer made in the representation is as under:
"It is, therefore requested that appropriate stipulation may kindly be incorporated in the Jammu and Kashmir Reservation Act/Rules to exclude the persons/their children from the reserved categories of (i) Scheduled Castes, (ii) Scheduled Tribes; (iii) Children of defense personnel; (iv) Children of Para-military forces and State Police personnel; and (vi) Candidates possessing proficiency in sports whose total annual income from all sources exceeds rupees four lacs fifty thousand in particular as has been stipulated for the persons/their children of the PIL No.08/2019 Page 1 of 2 category of Socially and Educationally Backward Classes in 2nd proviso below clause
(o) of Section 2 of the Act and Rule 3 of the Rules, enabling to grant the benefit of reservation to the needy persons living actually in economically weak position in our country in equity."
03. Learned counsels for the respondents submitted that the representation of the petitioner having still not been decided, let the same be decided so that the stand of the State is also available before this Court to consider the matter on merits, if the petitioner still raises a grievance.
04. After hearing learned counsel for the parties and considering the stand taken by the learned counsels for the State, the present petition is disposed of with a direction to the respondents to take decision on the representation of the petitioner within a period of six months from the date of receipt of copy of the order.
05. The writ petition is disposed of accordingly.
(Sindhu Sharma) (Rajesh Bindal)
Judge Judge
JAMMU
20.05.2019
Raj Kumar
Whether the order is speaking Yes/No
Whether the order is reportable Yes/No
RAJ KUMAR
2019.05.22 15:20
I attest to the accuracy and
integrity of this document
PIL No.08/2019 Page 2 of 2