The High Court of Jammu & Kashmir and Ladakh struck down a residence-based reservation clause in public employment, holding it violative of Articles 16(1) and 16(2) of the Constitution. In Balwinder Kumar v. State of J&K, the petitioner, a Scheduled Caste candidate from District Samba, was denied interview for the post of Orderly in District Baramulla solely because he was not a resident of that district. The advertisement restricted eligibility to local residents under Clause 1(i)(a). The Court rejected the State’s plea of estoppel, clarifying that while candidates who participate in a selection process usually cannot challenge it later, this rule does not apply where the selection suffers from constitutional illegality. Participation does not amount to acceptance of unconstitutional conditions. On merits, the Court held that Article 16(2) expressly prohibits discrimination on the ground of residence, and Article 16(3) allows residence-based conditions only through a law made by Parliament which did not exist for J&K. Hence, the clause was ultra vires. The Court directed authorities to interview the petitioner and complete the process within two months.