TRILOKI NATH TIKU & ANR. versus STATE OF JAMMU & KASHMIR & ORS.

TRILOKI NATH TIKU & ANR. versus STATE OF JAMMU & KASHMIR & ORS.

Reservations under Article 16(4) require two conditions: (i) the class must be socially and educationally backward, and (ii) the class must not be adequately represented in the services of the State. The State's specification of backwardness must be based on relevant and acceptable criteria, and such classification is a justiciable issue. On the facts, there was insufficient material to determine whether the relevant communities were backward or under-represented as required by Article 16(4).

Parties
Petitioner: Triloki Nath Tiku & Anr.; Respondent: State of Jammu & Kashmir & Ors.
Jurisdiction
India
Judgment Date
15 December 1966
Procedural Posture
Writ Petition Under Article 32 / Interlocutory (reference for Factual Inquiry to High Court)
Outcome
Report ordered from High Court; final decision deferred.
Legal Topics
Reservation, Backward Classes, Equality of Opportunity, Employment Under State
Constitutional Law Reservation Backward Classes Equality of Opportunity Employment Under State

Case Brief

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Parties

Triloki Nath Tiku & Anr.

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 / Interlocutory (reference for Factual Inquiry to High Court)

Legal Issues

  1. 1 Whether reservation in favour of Muslims across Jammu & Kashmir and Hindus in Jammu as 'backward classes' is valid under Article 16(4) of the Constitution.
  2. 2 What constitutes a 'backward class' for purposes of Article 16(4).

Ratio Decidendi

Reservations under Article 16(4) require two conditions: (i) the class must be socially and educationally backward, and (ii) the class must not be adequately represented in the services of the State. The State's specification of backwardness must be based on relevant and acceptable criteria, and such classification is a justiciable issue. On the facts, there was insufficient material to determine whether the relevant communities were backward or under-represented as required by Article 16(4).

Court Disposition

Report ordered from High Court; final decision deferred.

Orders

  • High Court of Jammu & Kashmir to collect and report material on population, community strength, social and economic backwardness, and relevant State criteria for backwardness within two months.
  • Parties allowed to produce oral and documentary evidence before High Court or District Court as directed.