J&K High Court Takes Suo Moto Cognizance Of Non-Recruitment To Gazetted Posts In Ladakh Over 5 Yrs, Issues Notice To UPSC, UT Admin
The Jammu and Kashmir and Ladakh High Court has taken suo moto cognizance of the non-recruitment for gazetted cadre posts in the Union Territory of Ladakh over the past five years.
Responding to concerns raised through a letter circulating on social media, a bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta expressed alarm over the inaction, which left many educated youth in Ladakh without opportunities for employment in government services.
The matter came to the notice of the court after a letter addressed to the Chief Justice, highlighted how the lack of recruitment for gazetted positions has caused “distress and uncertainty” among Ladakhi youth, eager to contribute to the region's governance and development.
The letter had stated that the failure to recruit was a violation of Articles 14 and 16 of the Constitution of India, which guarantee equality before the law and equal opportunities in public employment. The court, upon receiving the letter, directed the matter to be treated as a Public Interest Litigation (PIL).
The court noted that under Article 320 of the Constitution, it is the duty of the Union and State Public Service Commissions to conduct examinations for appointments to government services. Furthermore, Section 93 of the Jammu and Kashmir Reorganisation Act, 2019, mandates that while the Public Service Commission for the Union Territory of Jammu and Kashmir was to continue serving its role, the Union Public Service Commission (UPSC) was required to address the recruitment needs of Ladakh, subject to presidential approval.
Observing that there was no clarity in the petitioners' representation on whether they had approached the UPSC, as required under Rule 24(4)(vii) of the Writ Proceeding Rules, 1997, the court directed,
"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 court directed its registry to serve notices, along with copies of the paper book, to the newly added respondents. Both the UPSC and the Ladakh administration were given six weeks to respond. The High Court also instructed that a copy of the order be published in print and electronic media in the Union Territory of Ladakh for the information of aspirants.
The next hearing of the case is scheduled for November 25, 2024
Case Title: Gazetted Aspirants Residents of Ladakh Vs UT Of Ladakh