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Section 5: Vacancies to be carried forward.

The Jammu and Kashmir Reservation Act, 2004Union territory Act of Jammu and Kashmir · Act 14 of 2004

(1) Subject to the provisions hereinafter contained, if a sufficient number of candidates is not available from any reserved category during a recruitment process, the posts shall remain vacant and shall be carried forward to the next recruitment process :

Provided that nothing herein contained shall prevent launching of a special drive by a selection agency to fill the carried forward vacancies by inviting applications exclusively from persons belonging to such category :

[Provided further that in respect of selection of candidates for posts under the Jammu and Kashmir Kashmiri Migrants (Special Drive) Recruitment Rules, 2009, if the candidates are not available from any reserved category, other than those falling under sub-clause (i) of clause (o) of section 2, the posts earmarked for any such reserved category may be filled up from amongst the eligible candidates in open merit category.]

(2) If in the first attempt of recruitment, suitable candidates are not available, second attempt may be made in the same recruitment year and if even then suitable candidates are not available, the vacancies shall be treated as backlog vacancies.

(3) In subsequent year, when recruitment is made for reserved vacancies, the backlog vacancies shall also be notified :

Provided that the total number of reserved vacancies including backlog vacancies shall not exceed the percentage reserved for such categories.

(4) The reserved vacancies remaining unfilled for a period exceeding three years shall be treated as de-reserved.

Where this provision sits

ActThe Jammu and Kashmir Reservation Act, 2004
Section5
Marginal noteVacancies to be carried forward.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act No. VI of 2012. Proviso inserted by Act No. VI of 2012.

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