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Synopsis

The Jammu and Kashmir and Ladakh High Court has taken suo motu cognizance of a letter that had surfaced on social media, highlighting the non-recruitment for gazetted cadre posts in the Union Territory of Ladakh over the past five years. The court ordered notices to be issued to the Union Public Service Commission (UPSC) and the Union Territory of Ladakh, seeking their response within six weeks.

A Division bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta, were apprised with the issue through the letter that expressed concerns over the lack of recruitment for gazetted posts in Ladakh, which, according to the writer, has caused “distress and uncertainty” among educated youth in the region. The letter further argued that the absence of recruitment violated he principles of natural justice and were in direct contravention of Articles 14 and 16 of the Constitution of India, which guarantee equality before the law and equal opportunity in public employment.

Taking note of the letter, the Registry of the High Court submitted a note to Chief Justice Tashi Rabstan, who directed that the matter be treated as a Public Interest Litigation (PIL) and listed for consideration before the bench.

The PIL argued that despite the requirements for recruitment under the Jammu and Kashmir Reorganisation Act, 2019, no gazetted posts had been filled, leaving many qualified youth in Ladakh without an opportunity to contribute to the governance and development of their region. The petition also pointed to Article 320 of the Constitution, which mandates that it is the duty of Union and State Public Service Commissions to conduct examinations for government services. Further, Section 93 of the Jammu and Kashmir Reorganisation Act, 2019, states that while the Public Service Commission for the Union Territory of Jammu and Kashmir was to continue its role, the UPSC was responsible for addressing the recruitment needs of Ladakh, subject to presidential approval.

The bench observed that the petitioners' representation did not indicate whether they had approached the appropriate authorities, specifically the UPSC, as required under Rule 24(4)(vii) of the Writ Proceeding Rules, 1997. Addressing this issue, the court ordered “Keeping in view the grievance projected, we direct impleadment of the Union Public Service Commission, New Delhi, through its Chairman, and the Union Territory of Ladakh, through its Chief Secretary, as party respondents in the writ petition.”

The next hearing in the case is scheduled for November 25, 2024.

 

Cause Title: Gazetted Aspirants Residents of Ladakh vs. Union Territory of Ladakh [WP(C) PIL No.5/2024]