Uttarakhand Court Questions Govt on Women's Job Reservation Plea

In a significant development from Nainital, the Uttarakhand High Court has called upon the state government to respond to a petition that disputes the legality of a 30 per cent horizontal reservation for domiciled women in government jobs. This inquiry was initiated by a division bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal, following a petition filed by Satya Dev Tyagi.

The crux of the contention lies in Section 31 of the Uttarakhand Public Service Commission Horizontal Reservation for Women Act, 2022. The petitioner argues that this provision, which earmarks 30 per cent of government job vacancies for women native to Uttarakhand, exceeds the boundaries set by Article 16 of the Constitution of India. The High Court has scheduled May 7 as the date for the next hearing on this matter.

The controversy stems from an advertisement released by the Uttarakhand Public Service Commission on March 14, 2024, for various positions within the PCS provincial civil services. This included roles such as Deputy Collector, Deputy Superintendent of Police, and District Commandant Home Guard, among others. Notably, Clause 10d of this advertisement specifies a 30 per cent horizontal reservation for female candidates who are natives of Uttarakhand.

Advocate Kartikeya Hari Gupta, representing the petitioner, has voiced opposition to this reservation policy. He contends that basing horizontal reservation solely on domicile status is inappropriate. Furthermore, the petition claims that the Act passed by the Uttarakhand State Legislature infringes upon section 31 of the Constitution of India, rendering it unconstitutional.

This legal challenge brings to light critical questions regarding reservation policies and their alignment with constitutional provisions. As the case progresses, it will be crucial to observe how the court interprets these legal principles in relation to state policies on reservation.