In Balwinder Kumar v. UT of Jammu & Kashmir (2025 LiveLaw JKL 354), the Jammu and Kashmir and Ladakh High Court ruled that residence-based restrictions in public employment violate the Constitution.
The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar struck down a High Court recruitment clause limiting district cadre Class-IV posts to local residents. The petitioner, a Scheduled Caste candidate from Samba, had applied for an Orderly post in Baramulla, fulfilling all qualifications, but was denied an interview solely for not being a resident of that district.
Rejecting the administration’s plea of estoppel, the court held that participation in an illegal or discriminatory process does not waive constitutional rights. Citing Articles 16(1) and 16(2), the Bench emphasized that only Parliament can authorize residence-based employment under Article 16(3), and no such law existed for Jammu & Kashmir.
The Court declared the clause unconstitutional, directing that the petitioner be interviewed and considered for appointment against the SC post, with the process completed within two months.