Asgar Ali v. State of Jammu and Kashmir and Others

Asgar Ali _______________________________________ Petitioner;

v.

State of Jammu and Kashmir and Others ____________ Respondent(s).

(With IA No. 88572/2021 – Permission to File Additional Documents/Facts/Annexures)

With

SLP(C) No. 32820/2015⁺⁺ (XVI-A)

(With IA No. 3622/2019 – Intervention Application, IA No. 88564/2021 – Permission to File Additional Documents/Facts/Annexures, IA No. 93521/2019 – Permission to File Additional Documents/Facts/Annexures)

SLP(C) No. 22909/2014 (XVI-A)

SLP(C) No. 8489/2016 (XVI-A)

(With IA No. 93496/2019 – Permission to File Additional Documents/Facts/Annexures)

SLP(C) No. 34488-34489/2015 (XVI-A)

(With IA No. 91599/2021 – Permission to File Additional Documents/Facts/Annexures, IA No. 93468/2019 – Permission to File Additional Documents/Facts/Annexures)

SLP(C) No. 3786/2016⁺⁺⁺ (XVI-A)

(With IA No. 28913/2021 – Appropriate Orders/Directions, IA No. 37558/2021 – Early Hearing Application, IA No. 93569/2019 – Permission to File Additional Documents/Facts/Annexures, IA No. 88568/2021 – Permission to File Additional Documents/Facts/Annexures, IA No. 28919/2021 – Vacating Stay)

Petition(s) for Special Leave to Appeal (C) Nos. 26261-26266/2014; RP No. 6/2013; RP No. 7/2013; RP No. 13/2013; LPA No. 217/2007; RP No. 18/2013; LPA No. 212/2007; LPA No. 217/2007; LPA No. 212/2007; IA No. 88572/2021; SLP(C) No. 32820/2015 (XVI-A); IA No. 3622/2019; IA No. 88564/2021; IA No. 93521/2019; SLP(C) No. 22909/2014 (XVI-A); SLP(C) No. 8489/2016 (XVI-A); IA No. 93496/2019; SLP(C) No. 34488-34489/2015 (XVI-A); IA No. 91599/2021; IA No. 93468/2019; SLP(C) No. 3786/2016 (XVI-A); IA No. 28913/2021; IA No. 37558/2021; IA No. 93569/2019; IA No. 88568/2021; and IA No. 28919/2021

The Judgement of the court was delivered by

ORDER

SLPs(C) Nos. 26261-66/2014, SLP(C) No. 32820/2015, SLP(C) No. 22909/2014, SLP(C) No. 8489/2016 and SLPs(C) No. 34488-89/2015

1. The principal issue in this batch of cases is whether consequential seniority for the SC/ST category candidates for reservation in promotion as provided by Article 16(4-A) of the Indian Constitution, introduced by the Constitution (85^th Amendment) Act, 2001, would be applicable to the then State of Jammu and Kashmir in view of the provisions of Article 370. During the pendency of the special leave petitions, the President notified Constitution Order No. 272 of 2019 and Constitution Order No. 273 of 2019 which in effect applied all provisions of the Constitution (as amended from time-to-time) to the State of Jammu and Kashmir. The constitutional validity of the Constitutional orders Nos. 272 and 273 of 2019 is pending before a Constitution Bench. By its order in Shah Faesal v. Union of India¹, the Constitution Bench has declined to make a reference in regard to the validity of the constitutional orders to a larger Bench. The validity of some of the observations of the High Court in the judgment under appeal would depend upon the assessment by the Constitution Bench on the issues involved.

2. In this view of the matter, we are of the considered view that it would be appropriate for the three-Judge Bench to await the decision of the Constitution Bench in the pending proceedings arising out of Writ Petition (C) No. 1099 of 2019 and companion matters, referred to in the order noted above.

3. The Registry is accordingly directed to notify this batch of matters after the decision of the Constitution Bench.

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⁺ Arising from final Judgment and Order in Asgar Ali v. State of J&K, 2014 SCC OnLine J&K 62 (Jammu & Kashmir High Court, Review Petition Nos. 6, 7, 13, 18 of 2013, dt. 20-5-2014)

⁺⁺ Arising from final Judgment and Order in Ashok Kumar v. State of J&K, 2015 SCC OnLine J&K 210 (Jammu & Kashmir High Court, SWP No. 1290 of 2014, dt. 9-10-2015)

⁺⁺⁺ Arising from Judgment and Order in Arvind Sharma v. State of J&K (Jammu & Kashmir High Court, SWP No. 1350 of 2011, dt. 27-11-2015)

¹ (2020) 4 SCC 1