In the midst of the nationwide lockdown in the wake of the COVID-19 outbreak, the Ministry of Home Affairs has promulgated the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020, which comes into force with immediate effect.
Issued by the Department of Jammu and Kashmir and Ladakh Affairs, the Order stems from Section 96 of the Jammu and Kashmir Reorganisation Act, 2019. The Act was a consequence of the abrogation of Article 370 of the Constitution of India and it reorganized the State into two Union Territories (Jammu and Kashmir, and Ladakh).
The Order notifies changes in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act (hereafter, "Civil Services Act"), which defines "domicile" for employment in the region.
Under the newly inserted Section 3A of the Civil Services Act which is regarding domicile for purposes of appointment to any service in Union Territory of Jammu and Kashmir, a person will have to fulfill the following conditions to be deemed to be a domicile of the UT of J&K:
Children of those fulfilling the aforementioned conditions are also deemed to be included.
Section 3A also goes on to include children of those Central Government Officials, All India Services Officers, Officials of Public Sector Undertkaing and Autonomous body of Central Government, Public Sector Banks, Officials of Statutory bodies, Officials of Central Universities and recognized Research institutes of Central Government who have served in J&K for a total period of ten years.
Additionally, it includes those children of such residents of UT of J&K who reside outside the UT of J&K in connection with their employment or business or other professional and vocational reasons, but the parents fulfill the conditions provided under Section 3A(1).
Section 5A provides for the domicile reservation for the purpose of appointment of any post carrying a pay scale of not more than Level-04 (25500) under the UT of J&K or under local or any other (other than cantonment board) within the UT of J&K. As per this Section :
"Subject to the provisions of this Act, no person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union territory of Jammu and Kashmir"
Therefore, lowest level of non-gazetted rank jobs would be reserved exclusively for the Jammu and Kashmir domiciles.
It is to be noted that before August 5, 2019, Article 35A of the Constitution of India ensured that all jobs in the State of Jammu and Kashmir were reserved for those deemed to be "permanent residents" of the State. With the Presidential Order issued last year abrogation Article 370, Article 35A was also done away with as a consequence.
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