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Uttarakhand HC stays 30% Domicile Reservation for women in State Services Exam

Team SoOLEGAL 25 Aug 2022 2:50pm

Uttarakhand HC stays 30% Domicile Reservation for women in State Services Exam

New Delhi: A government order (GO) that provided 30% reservation in State services for women who resided in the State was stayed by the Uttarakhand High Court on Wednesday.

The GO dated July 24, 2006, was stayed by a Division Bench of Chief Justice Vipin Sanghi and Justice RC Khulbe, allowing the petitioners to appear in the main examination.

The petitioners had questioned the order on the grounds that it established an Unreserved Uttarakhand Mahila Category, with lower cut-off marks for women from the state to pass the preliminary examination.

It was argued that the reservation prevented them from taking the main exam because they did not pass the prelims despite scoring higher than women who could take advantage of the reservation.

In addition, the petitioners argued that the State government lacked the authority to implement domicile-based reservations and that the Indian Constitution only permitted such reservations if a statute was passed by Parliament.

As all of the petitioners scored higher than the cut-off set for Uttarakhand women in the preliminary exam, the counsel argued that the order violated Articles 14, 16, 19, and 21 of the Constitution.

It was made clear that all the petitioners were women and that the State of Uttarakhand was treating them unfairly.

The petition claims that the Uttarakhand Public Service Commission advertised the Uttarakhand Combined State (Civil)/Pravar Sub-Ordinate Service Examination 2021 and listed 224 openings for various jobs in approximately 31 departments in a notification dated August 10, 2021.

The advertisement notification stated in clause (8) that horizontal reservation would not apply to women who were not residents of the state.

The petitioners were represented by Advocate Kartikeya Hari Gupta and Advocate Pallavi Bahuguna. The State was represented by Deputy Advocate General KN Joshi, while the Uttarakhand Public Service Commission was represented by Advocate Ashish Joshi.



Tagged: Uttarakhand   Domicile Reservation  
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