Centre Passes Order Reserving All J&K Jobs for Domiciles

Only domiciles can now apply for these jobs, replacing the previous reservation for permanent residents.

The Modi government has now reserved all jobs for domiciles, much like the permanent residency system under Article 370.

(Photo: The Quint)

The government amended its two-day-old order on Friday, 3 April night and reserved all jobs in Jammu and Kashmir for the domiciles of the Union territory -- people who have stayed there for at least 15 years.

In the 1 April notification, the jobs were reserved only upto group 4 in the government, which is equivalent to the rank of constable in police parlance and multi-tasking staff in government offices.

However, following angry reactions from local political parties, an amended gazette notification, titled the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020, was put out, reserving jobs for the domiciles of the UT, which was formed in October 2019 after the Centre withdrew the special status of the erstwhile state and announced its bifurcation.

"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," the revised notification said.

"....no person shall be eligible for appointment to any post unless he is a domicile of the Union territory of Jammu and Kashmir," the amended Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, which is a part of the notification, said.

Domiciles are defined as anyone who

• has resided for a period of 15 years in the Union Territory of J&K; or
• has studied for seven years and taken Class 10/12 exams in an educational institution in the Union Territory of J&K; or
• is a registered migrant under the relief and rehabilitation scheme.

Under the domicile law, anyone who has resided for 15 years in Jammu and Kashmir or has studied for seven years and appeared in Class 10 and Class 12 examinations in an educational institution located in the Union territory is a domicile.

Anyone who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) will also be deemed to be a domicile. The children of all-India services personnel, who have served there for 10 years, also come under the category.

Others who can be deemed to be a domicile include the children of those central government officials, all-India services officers, officials of PSU and autonomous bodies of the central government, public sector banks, officials of statutory bodies, central university officials and those of recognised research institutes of the central government, who have served in Jammu and Kashmir for 10 years.

The children of those who fulfil any of the conditions or the children of such residents of Jammu and Kashmir who reside outside the Union territory in connection with their employment or business or other professional or vocational reasons, but their parents fulfil any of the conditions provided in the sub-section, are also considered domiciles, the notification said.

‘Talk About Suspect Timing’: Omar Abdullah Slams Centre

National Conference leader Omar Abdullah on 1 April lashed out at the Centre over the new domicile rules for Jammu and Kashmir, saying it was adding insult to injury for the people as they did not include any of the promised protections.

Abdullah was apparently referring to the criticism of the domicile law by Jammu and Kashmir Apni Party founder Altaf Bukhari.