I was denied a Srinagar government job unfairly; does Article 16 give me a claim?

Detailed Legal Analysis

Article 16 guarantees equality of opportunity in public employment, and discrimination on grounds of religion, race, caste, sex, descent, residence or place of birth is barred. Denial of a job on a non-merit ground or in violation of the reservation policy is justiciable under Article 16.

File a writ petition under Article 226 in the Jammu and Kashmir High Court challenging the denial and seeking a mandamus for appointment. The court will examine the selection process, the criteria and the reservation roster for compliance with Article 16.

Jammu and Kashmir Rent Control Act 1966 on reservations must comply with the 50 percent ceiling and the creamy layer exclusion laid down in Indra Sawhney, unless covered by an exception. Preserve the selection list, the denial letter and the recruitment notification in Srinagar.

The court can direct appointment with seniority and back wages if the denial was wrongful.