HC dismisses plea by Sikh community seeking jobs at par with Pandits

The High Court on Thursday dismissed a plea to the extent it sought to treat Sikh community at par with Kashmiri Pandits staying in the Valley for employment purposes pursuant to the Prime Minister’s Package. 

The court decision came in a case titled ‘Kashmiri Sikh Community and Others versus State of J&K and Others.’

   

In its plea before the High Court, the Sikh community was seeking special dispensation in employment given in favour of Kashmiri Pandits in terms of SRO 425 dated 10 October 2017 following the amendment to J&K Migrants (Special Drive) Recruitment Rules 2009. 

Justice Sanjeev Kumar in a comprehensive judgment has ruled: “I find no merit in the petition so far as challenge to the vires of SRO 425 dated 10th October 2017 is concerned and the same is accordingly rejected.” 

The court said the SRO which was under challenge only makes a valid classification in sync with the Articles 14 and 16 of Indian Constitution. 

“The impugned SRO is affirmative action and a policy decision on the part of the State to bring a particular community, staying in the Valley under peculiar circumstances, at par with their counterparts, so that they could compete and avail of the employment opportunities after they are brought in a position to compete with them”. 

The petitioners contended that SRO 425 dated 10th October 2017, whereby the Rules of 2009 stand amended violated their rights as the Sikh community staying in Kashmir Valley were treated differently than the similarly placed Kashmiri Pandits for the purposes of extending the Prime Minister’s Employment Package. 

The petitioners contended that the State has ventured into class legislation and has treated persons in the same class differently. 

In its objections, the government however said that the “two communities- Kashmiri Pandits and Sikhs- living in the Valley do not form the same class and, therefore, classification made by the respondents for providing the benefit of employment to one person per family to the Kashmiri Pandits living in the Valley is a valid classification and meets the requirement of Article 14 and 16 of the Constitution.”

The Court however quashed the Government Order no.96-DMRR&R of 2017 dated 13th November 2017 after observing that the same was unsustainable in law. 

The government was represented by D C Raina, Advocate General, with N H Shah, additional advocate general, and M Usman Gani, government advocate.

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