HC seeks response on plea against scrapping of ‘district, divisional residency’

HC seeks response on plea against scrapping of ‘district, divisional residency’
High court of Jammu and Kashmir, Srinagar branch. [Mubashir Khan for Greater Kashmir]

The High Court has sought response from Ministry of Home Affairs and J&K government to a plea challenging a central government order scrapping district and division cadres of recruitment in Jammu and Kashmir.

A bench of Justice Ali Muhammad Magrey while hearing the petition issued notice to Union of India through Union Home Secretary, J&K government through its Chief Secretary, Commissioner Secretary, General Administration Department, Commissioner Secretary, Social Welfare Department, and Chairman and Secretary of Service Selection Board.

Assistant solicitor General of India Tahir Shamsi accepted notice on behalf of Ministry of Home Affairs.

The objections to the petition are to be filed by April 29.

As many as 29 petitioners who claim to be members of Scheduled Tribe Category (Gujjar and Bakerwal Community), Pahari Speaking People (PSP) Category and Actual Line of Control (ALC) Category of J&K have filed the petition in representative capacity through advocate Aatir Javed Kawoosa.

They have challenged Jammu and Kashmir Re-organisation (Adaptation of State Laws) Order, 2020 passed by the Ministry of Home Affairs, government of India, to the extent it omits clause (ii) of Section 6, Clause (ii) of Section 7 and Section 13 of Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010.

The petitioners submit that in keeping with this order, clause (ii) of Section 6, Clause (ii) of Section 7 and Section 13 of Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010 were omitted. By such omission, they say, the district and divisional residency which is a pre-requisite for appointment to District and Divisional Cadre posts in various government departments of Jammu and Kashmir has been done away with.

The petitioners contend that the action has affected their interests as they belong to backward districts of J&K and are being deprived of equality in the matters of employment and recruitment in divisional and district cadre posts of the government. The order, they plead, is violative of their fundamental rights.

The petitioners seek restoration of the section 6 and 7 of the J&K Civil Services Decentralization and Recruitment Act 2010 for schedule Tribe, PSP and ALC people. They also seek scrapping of Jammu and Kashmir Re-organisation (Adaptation of State Laws) Order, 2020 to the extent it omits clause (ii) of Section 6, Clause (ii) of Section 7 and Section 13 of Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010.

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