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2021 DIGILAW 1037 (SC)

Asgar Ali v. State of Jammu and Kashmir

2021-11-17

D.Y.CHANDRACHUD, SURYA KANT, VIKRAM NATH

body2021
ORDER : SLP (C) Nos.26261-26266/2014, SLP (C) No. 32820/2015, SLP (C) No. 22909/2014, SLP (C) No. 8489/2016 and SLP (C) No. 34488-34489/2015 1. The principle 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 (85th 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 272 of 2019 and Constitution Order 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 272 of 2019 and 273 of 2019 is pending before a Constitution Bench. By its order reported in Dr. Shah Faesal and Others vs. Union of India and Another, (2020) 4 SCC 1 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. SLP (C) No 3786 of 2016 1. Leave granted. 2. The appeal is disposed of in terms of the signed reportable order. 2. Pending application, if any, stands disposed of.