The Jammu & Kashmir and Ladakh High Court has declared unconstitutional a clause in a High Court recruitment advertisement that restricted eligibility for district cadre posts based on residence.

The ruling came in a writ petition filed by Balwinder Kumar, a Scheduled Caste candidate from Samba, who applied for the post of Orderly (Class-IV) in District Baramulla but was denied an interview due to a clause confining district cadre posts to candidates from the same district.
The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar observed that the petitioner did not conceal his residence, and his application was initially accepted and shortlisted. Rejecting the respondents’ claim of estoppel, the court noted that participation in the selection process does not legitimize unconstitutional clauses.
The Bench held that residence-based restrictions violate Articles 16(1) and 16(2) of the Constitution, which prohibit discrimination in public employment based on place of birth or residence. Citing earlier judgments, including Mulakh Raj v. State of J&K, the court emphasized that no authority can impose such restrictions without Parliamentary backing under Article 16(3).
Declaring Clause 1(i)(a) ultra vires, the court directed the respondents to interview the petitioner and consider him for the SC post in Baramulla. If found meritorious, he shall be appointed prospectively, with the process to be completed within two months of service of the judgment.