I want to challenge PSC recruitment under article 16 of constitution

532 votes

The reservation for residents of an area has been upheld to be a valid criterion in a number of cases time and again specially in less developed areas like hills etc. The challenge can be made on the ground of right to equality guaranteed under article 14 in general and right to equal employment guaranteed under article 16 of the constitution of India. In my considered view challenge will be tough but if we can show that the residents of Sikkim are as well of as other citizens of the country, we may be able to succeed. For doing this we will need data of different kinds i.e various development indicators provided in MGD goals.

Advocate Surender Singh Hooda LawRato

958 votes

Having perused the query, I am of the opinion that the querist can challenge the advertisement of Sikkim PSC before the Sikkim High court as being violative of article 16 of the constitution of India. The plea raised by the querist can be supported by a judgement rendered by the full bench of the Jharkhand High court in the case of Prashant. Vidyarthy -Vs. -State of Jharkhand & ors. reported in (2003) 1 JCR 3.

Advocate K.V. Muthu Kumar LawRato

657 votes

State, in your case public service commission of the state of Sikkim can not restrict residents of other state from applying to the posts and reserve it for it's own residents. Such a reservation is against the rights guaranteed by Article 16 of the constitution of India and the mandate of judgments of supreme court of India. You can file a writ petition before the high court of Gangtok as supreme court will not intertain the petition.

Advocate Lalan Chaudhary LawRato