MHA takes a U-turn after facing backlash, reserves ALL jobs for J&K domiciles ONLY

Amends 2-day-old job rules; definition of domicile remains same

SAHIL RASGOTRA

JAMMU: A unified backlash from the youth from both regions and all political parties with the BJP's local unit as the latest entrant, forced the Centre to take a dramatic 180 degree-turn on Friday night, when it overturned its two-day-old decision to open all jobs—expect level 4-- in Jammu and Kashmir for the residents of other states and union territories of the country.
Amending the Jammu and Kashmir domicile rules it had announced on Wednesday, the Centre tonight reserved all the jobs in Jammu and Kashmir, irrespective of their level in the pay scale, for the domiciles of the Union territory only-- people who have or who shall stay here for at least 15 years.
The historic decision came a little before midnight, following fast-paced developments throughout the day which saw the local unit of BJP apprising central leadership of its concerns, even as the Jammu and Kashmir Apni Party leader Altaf Bukhari flew to New Delhi where he met NSA Ajit Doval and Home Minister Amit Shah and discussed with them the shortcomings in domicile law.
In a move that was termed ‘humiliating’ and ‘insulting’ by people of the UT, the home ministry on Wednesday morning had laid down the rules for domiciles including every person who had stayed in Jammu and Kashmir for 15 years, reserving only Level-4 posts (the Junior Assistants, constables, peons and equivalent) for the domiciled residents, while opening all other Gazetted and non-Gazetted posts of J&K for any citizen of the country.
The move had evoked a sharp reaction from political parties, but the most disappointed was the youth from Jammu region and Kashmir region, unified in their protest against the domicile law. While BJP defended the domicile law till Thursday, the party’s local unit gave in on Friday and raised its concern with top leadership in New Delhi.
“We are facing a popular backlash from our people on this issue and it will harm us as and when polls take place,” said a local leader in the morning, informing that the J&K unit has flagged these concerns with the party’s national leadership and also with Amit Shah.
Hours later, BJP general secretary Ram Madhav, also the party’s pointman on Jammu and Kashmir was quoted saying that the fears of the Jammu unit of the party were valid.
While all this was happening, Altaf Bukhari, seen by many as New Delhi’s new friend in Kashmir, landed in national capital and met Amit Shah and National Security Advisor Ajit Doval, telling them that the domicile laws have several ‘shortcomings’ which need to be overcome.
Amidst the coronavirus threat, as the people glued to their screens, refreshing their mobile feeds on slow 2G internet and switching TV channels waited with bated breaths for any update, an amended gazette notification appeared on the Gazette of India at 11:24 pm, sending across a wave of happiness in the UT by making all the jobs in the region out of bounds for non-residents.
The notification titled the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order-2020, was put out, reserving all jobs for the domiciles of the UT, which was formed in October last year 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.
In the April 1 notification, the jobs were reserved only upto a post carrying a pay scale of not more than Group-4 (Rs 25,500) upto group 4 in the government, which is equivalent to the rank of constable in police parlance and multi-tasking staff in government offices.
The government also added a clause in the section defining eligibility for state cadre posts, adding “domicile of UT of J&K”.
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 shall 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.
The original notification, which came out on Wednesday in the midst of the COVID-19 pandemic, had evoked a sharp reaction from all political parties, and in particular the youth of the UT, except a few contradictory voices, which supported the domicile rules, and even termed “anti-national” a large number of people who reacted against the notification, including a couple of newspapers who took a stand against the new domicile laws.
The unemployed youth which had vented their feelings on social media on Wednesday, congratulated each other tonight, hailing it as the victory of unity.
“Congratulations #JKians. We did it. We have won the battle. That's the power of unity and this is just the beginning. I request you all be like this for all cause in future,” tweeted a boy from Jammu.
“Thank you @AmitShah for rolling back the unfair #DomicileLaw. Thank you to all who have raised their voice for the youth of J&K,” another Twitter user said.