The Uttarakhand High Court on Wednesday ordered a stay on a 2006 order giving 30 per cent reservation to women having domicile of the state in state civil services.
A bench of Chief Justice Vipin Sanghi and Justice R C Khulbe gave the direction while hearing a petition filed by more than a dozen women candidates from outside the state who were under the unreserved category.
The petition said they were not allowed to appear for the state services main examination despite securing more marks than the cut-off set for domicile women of the state in the preliminary test held on April 3 this year.
The counsel for the petitioners, Kartikey Hari Gupta, argued that the state government’s order dated July 24, 2006 on the reservation was in violation of Articles 14, 16, 19 and 21 of the Constitution.
Not allowing the aggrieved women candidates to appear in the main examination was an act of discrimination against them, he contended.
The state government had no power to provide domicile-based reservations.
The Constitution of India allows reservation on the basis of domicile only by an Act of Parliament, Mr Gupta said.
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