SRO restricting migrants' jobs to Pandits only stayed by HC

MIR FARHAT

SRINAGAR: Taking cognizance of exclusion of Kashmiri Sikhs from a government scheme providing job benefit to Kashmiri migrants who stayed back during 1990's mass-exodus, the State High Court on Saturday stayed the official framework in this regard-SRO 425.
The court also impugned a government order issued last month of appointment of Kashmiri migrants for government jobs under Prime Minister's Special Package and directed the government for making no appointment till a final decision is declared.
"No appointment in terms of impugned SRO 425 and impugned Government order dated 13.11.2017, shall be finalized and made," the court ruled on Saturday.
Pertinently, in 2009, the UPA government led by Congress launched Prime Minister's Special Package for return and rehabilitation of Kashmir migrants to valley. Under Kashmiri Migrants (Special Drive) Recruitment Rules, 2009, migrant unemployed youth are eligible for appointment against the posts specially created from time to time in Kashmir division, except Kargil and Ladakh, under the Package.
The package served those migrants who had stayed back in Kashmir after 1990's mass exodus. However, the state government in SRO 425 had modified the scheme, confining it to Kashmiri pandit families only.
On Saturday, a Single Bench of Justice Janak Raj Kotwal stayed the order and SRO 425 after it was challenged by Kashmir Sikh Community through Santpal Singh, Amarjeet Singh and Harjeet Singh of Srinagar.
The petitioners through their counsel, senior advocate Zaffar A Shah have submitted that SRO violates Articles 14 and 16 of the Constitution of India and the fundamental right of equality of unemployed educated youth of the Sikh community, who too have not left the Valley after year 1989.
Submitting that the term "migrant" is defined in Rule 2(d) and means (I) a person who has migrated from Kashmir Valley after 1 November, 1989 or (II) is registered with the Relief Commissioner or has not been so registered on the ground of being in service of Government in any moving office or having left the Valley or any other part of the State in pursuit of occupation or vocation or otherwise, and is possessed of immovable property at the place where he has migrated but is unable to ordinarily reside there due to difficult conditions and includes an "internally displaced person".
The petitioners submitted that meaning of "internally displaced person" is given in the explanation to Rule 2(d) as a person who had to migrate within Kashmir Valley from his original place of residence in the Kashmir Valley for reasons of security and is registered as such with the Relief and Rehabilitation Commissioner, Migrants.
"By virtue of SRO 425 issued by the State Government vide Notification dated 10th. Oct. 2017, amendment has been effected to the Rules of 2009 and in terms of various amended provisions, the benefit under the Rules of 2009 has been extended to a person, who belongs to a "Kashmiri Pandit" family and has not migrated from Kashmir Valley after Nov. 1989 and is residing in the Kashmir Valley," Shah pleaded.
Observing that the petitioners claiming to represent the Sikh Community of Kashmir challenged the SRO 425 as also the Government order No.90 DMRR&R dated 13.11.2017, whereby a Committee has been constituted by the Government for giving benefit in terms of the said SRO in this writ petition, the court said that it is point and has been noticed, inter alia, that, whereas the benefit under the Rules of 2009, as they originally were, was available to all the migrants as defined therein irrespective of any cast, creed or religion, the benefit in terms of SRO 425 has been restricted to the members of a particular community, who have not migrated from Kashmir Valley.
"The point raised in this writ petition, which is important indeed, is that the SRO offends Articles 14 and 16 of the Constitution of India and the fundamental right of equality of unemployed educated youth of the petitioner community, who too have not left the Valley after No. 1989. Petitioners 2 and 3 claim to be unemployed youths," the court said.
On hearing learned counsel for the petitioner and according consideration to the matter on the touchstone of Articles 14 and 16 of the Constitution, "I am persuaded to show indulgence at this stage," the court said.
"Meanwhile, as ad interim, subject to objections and till next date before the Bench, no appointment in terms of impugned SRO 425 and impugned Government order dated 13.11.2017, shall be finalized and made," the court directed.
The government on November 13 advertised 150 posts of Civil and Electrical engineers through Service Selection Board for Kashmiri migrant youth.
The matter has been listed for hearing in the second week of February 15, 2018, the court said.
Pertinently, the Government advertisement evoked protests from the unemployed engineering students in the Kashmir valley by saying that it was sheer injustice with the valley based engineering degree holders. "We want the 50% of quota," the protesters had said.