Uttarakhand HC Seeks State Govt’s Reply on Plea Challenging 30% Reservation for Domiciled Women

The Uttarakhand High Court has sought response from the state government concerning a petition that challenged the 30 percent horizontal reservation for domiciled women in government jobs.

A bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal was hearing a petition filed by Satya Dev Tyagi.

The petition challenges Section 3(1) of the Uttarakhand Public Service Commission (Horizontal Reservation for Women) Act, 2022, arguing that the 30 percent reservation for women of the state exceeds the scope of Article 16 of the Constitution of India.

The high court has scheduled the next hearing for May 7, 2024.

According to the case, the Uttarakhand Public Service Commission issued an advertisement on March 14, 2024, for various PCS (provincial civil services) positions, including 189 posts such as Deputy Collector, Deputy Superintendent of Police, and District Commandant Home Guard. Clause 10(d) of the advertisement stipulates a 30 percent horizontal reservation for female candidates who are natives of Uttarakhand. Kartikeya Hari Gupta, advocate for the petitioner, contested the reservation, stating that horizontal reservation based solely on domicile should not be implemented.

The petition argues that the aforementioned Act, passed by the Uttarakhand State Legislature, violates Section 3(1) of the Constitution of India, rendering it unconstitutional.