New Delhi: Earlier this week, several prominent faces from Jammu and Kashmir’s political landscape, cutting across party lines, joined students from the general category to stage a protest outside Chief Minister Omar Abdullah’s residence in Srinagar against the Union Territory’s reservation policy.
Member of Parliament from the ruling National Conference Aga Syed Ruhullah Mehdi, Peoples Democratic Party (PDP) leaders Iltija Mufti and Waheed ur Rehman Para, and jailed MP Engineer Rashid-led Awami Ittehad Party’s (AIP) Sheikh Khurshid came together Monday to demand the rationalisation of the policy.
The reservation policy structure was introduced by the Lieutenant Governor Manoj Sinha-led administration after the abrogation of Article 370, and has drawn flak since, with many ruing the limited opportunities for certain sections with respect to government jobs and admission to educational institutions.
The policy is currently being challenged by a petition in the High Court of Jammu and Kashmir and Ladakh. The court has issued a notice, asking the UT government to respond within three weeks.
Amid the protests, the government has also formed a three-member panel to review the policy, which comprises J&K Education Minister Sakina Itoo, Forest Minister Javed Ahmad Rana, and Science and Technology Minister Satish Sharma. No deadline has been set for the committee to submit its report so far.
Chief Minister Abdullah also met with protesting students to assure them of action soon. He said that the National Conference had “committed” to reviewing all aspects of the policy in its manifesto for the polls. “It is as a continuation of this commitment that a cabinet sub-committee was constituted to move towards fulfilling this promise. That sub-committee was only recently notified & is in the process of starting its work by engaging with all stakeholders,” Abdullah wrote in a post on X.
I understand the emotions surrounding the reservation issue. JKNC had committed to examining all aspects of it in our manifesto released before the assembly elections. It is as a continuation of this commitment that a cabinet sub-committee was constituted to move towards…
— Omar Abdullah (@OmarAbdullah) December 22, 2024
The controversial reservation structure
Under the revised policy, the seats on basis of open merit (general category) have been brought down from 57 percent to 33 percent. Additionally, the share for Residents of Backward Areas (RBA) has been halved—from 20 percent to 10 percent.
The quota for Scheduled Tribes (ST) has doubled from 10 percent to 20 percent, and that for Socially Backward Castes (SBC) has risen sharply from 2 percent to 8 percent. Marginal increases have been made for categories like residents near the Line of Actual Control (ALC) and the Physically Challenged (PHC), moving from 3 percent to 4 percent.
The policy has also introduced new categories, allocating 3 percent for children of defence personnel, 1 percent for children of police personnel, and 2 percent for achievers in sports.
Notably, a 10 percent reservation has been granted to the newly recognised Pahari ethnic group and other communities, such as the Paddari tribe, Kolis and Gadda Brahmins, following a Parliamentary decision influenced by the ruling party at the Centre, Bharatiya Janata Party.
However, Gujjar and Bakerwal communities, which have held ST status since 1991, have argued against the inclusion of Paharis and others in the ST category, saying that they do not meet criteria to be included, and that this dilutes their chances of scoring educational and employment opportunities.
With these changes, the quota for reserved categories in Jammu and Kashmir rises to over 60 percent, reducing merit-based seats to less than 40 percent—a key concern voiced by students and political leaders.
‘Delicate balancing act’
According to A.M. Shah, former dean of academic affairs at University of Kashmir, reservation should not exceed the 50 percent cap as it affects the merit of the candidates, and the quotas should be equally distributed to create a balance. He said that the new reservation policy should be reviewed and restructured.
“There are certain areas which were declared backward at some point and the society was declared underprivileged. But now, those areas are becoming advanced,” Shah told ThePrint, adding that the advancements have given equal access to many communities, especially in terms of education.
He said that there are many from far-flung areas and reserved categories, who have now moved to the cities and are now providing good education to their children. “A person who not only lives there (far-flung areas), but is also educated in the same area, reservation should be for him. It should not be for someone who is giving education to the children in top-class schools, and claiming the benefit meant for that area which he was earlier a resident of,” Shah explained. Such a situation will create a crisis in the society, he said.
Shah added that reservation should be a one-time benefit and there should be no reservations in promotions. For instance, once a person gets appointed as a doctor—whether he comes from a “backward route” or open merit—“they are both equal now”, he said.
Noor Ahmad Baba, political science professor, and former dean, School of Social Sciences, Kashmir & Central University of Kashmir, highlighted the frustration among open merit candidates, particularly in the urban areas of the UT. “More than 60 percent of admissions and jobs are now reserved, leaving limited opportunities for open merit candidates. This has created visible discontent, especially in a region like Kashmir, which faces the highest unemployment rate.”
He also pointed out the political and administrative challenges of reversing reservations. “Once granted, undoing reservations creates discontent among beneficiaries. For an elected government with democratic stakes, addressing this issue is a delicate balancing act. There’s mounting pressure from youth and political competitors, making it a serious challenge for the administration.”
‘Need data-driven approach to ensure fairness’
Ummar Jamal, president of the J&K Students’ Association, criticised the policy for its disregard for proportionality. “Reservation was meant to rectify historical injustices, not uproot meritocracy. Allocating 70 percent of opportunities to reserved categories, while the open merit population constitutes 69 percent of the population, is arbitrary and violates the right to equality under Article 14 of the Constitution,” he said.
Jamal warned of long-term consequences, including a potential brain drain, as bright students leave Kashmir in search of better opportunities elsewhere. While CM Abdullah has assured that a sub-committee will review the policy within six months, Jamal remains sceptical, citing government contradictions and delays. “While this was the first protest which the students held, I do not think this is not going to be the last.”
Khalid Altaf Sherwani, a law student at University of Kashmir, used an analogy to explain his argument: “Imagine 10 apples for 10 individuals, but seven apples go to three people, leaving three apples for the remaining seven. This is injustice.”
He said that the benefits of reservation often go to the privileged “creamy layer” within reserved categories, leaving genuinely underprivileged individuals behind. He called for a data-driven approach to ensure fairness and equitable distribution without compromising merit.
“A fundamental flaw in the system is the lack of data to measure its effectiveness. Without accurate statistics on how many people are benefitting, and whether they genuinely deserve the advantages, any policy risks being arbitrary and counterproductive,” he said, adding that the government must avoid “appeasement-driven policies” that unfairly disadvantage open merit candidates.
Student activist Faizan Peer highlighted the disproportionate representation of open merit candidates in competitive exams. “Open merit category students accounted for only 29 percent of the total seats, despite representing a significant portion of the population,” Peer said. He warned that prioritising reservation over merit may lead to inefficiency and undermine fairness in the system.
Khalid Farooq, a Kashmir-based engineer, told ThePrint that an “unbalanced” policy poses the risk of marginalising a significant portion of deserving individuals, potentially driving talent out of the region and fostering resentment. The widespread protests, including dissent within the chief minister’s own party, highlights “the lack of consensus and suggests the policy was introduced without adequate consultation”, he added.
“A better path forward would involve creating equal opportunities through investments in education, skill development, and transparent merit-based systems.”
(Edited by Mannat Chugh)
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Ms. Bakhsh is a known Modi/RSS/BJP baiter. In her point of view, every single organization espousing the cause of Hindus is a fascist organisation. Every single person speaking about Hindu culture, heritage and philosophy is a fanatic and fundamentalist.
At the same time, she sees absolutely no fault with Islam and it’s followers.
For every single issue, the blame is placed at the doors of Hindus. It’s a really simple world view. Involves no introspection and therefore, no course correction.