The Ministry of Home Affairs has extended domicile reservation to all government posts in Jammu and Kashmir by amending the order issued on March 31, as per which domicile reservation was applicable only to Level 4 posts.
Following backlash from several quarters over the restricted application of the first order , the Ministry issued a fresh order on April 3 stating that domicile reservation is applicable to "any post".
On March 31, the Ministry issued the Jammu and Kashmir Reorganization (Adaptation of State Laws) Order 2020 which notified changes in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act
Section 5A of the Act stated that Level 4 posts will be reserved for domiciles.
Section 5A, as per the March 31 order, stated as follows :
"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"
On April 3, the Ministry notified the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Second Order, 2020, which amended above said Section 5A to substitute "a post carrying a pay scale of not more than Level-4 (25500)" with "any post". As a result, Section 5A now reads as :
"Subject to the provisions of this Act, no person shall be eligible for appointment to any post unless he is a domicile of the Union territory of Jammu and Kashmir"
The reference to "any post carrying a pay scale of not more than Level-4 (25500)" in Section 3A has also been omitted by the Second Order. Further, Section 3A had earlier stated that persons fulfilling the domicile category will be "deemed to be domiciles". The Second Order has omitted the words "deemed to be" from Section 3A.
So, Section 3A(1) now reads
Any person who fulfils the following conditions shall be a domicile of the Union territory of Jammu and Kashmir for the purposes of appointment to any post under the Union territory of Jammu and Kashmir or under a local or other authority (other than cantonment board) within the Union territory of Jammu and Kashmir"
Following are the criteria for domicile status :
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).
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