Government has clarified that children of persons possessing permanent resident certificates need not attach the PRCs of both the parents (mother and father) in order to obtain their domicile certificates.
It has said that even if only one of the parents —mother or father— is in possession of PRC, the children would be entitled to the grant of Domicile Certificate.
The clarification was issued following some complaints alleging that the authorities were declining domicile certificate to the candidates who failed to produce PRCs of both of their parents.
“It has come to the notice of the government that the competent authorities reject the applications on certain occasions citing ground that the children of persons possessing Permanent Resident Certificates (PRCs) need to attach the PRCs of both the parents (mother and father) in order to obtain their domicile certificates,” reads an order issued by the Commissioner Secretary, General Administration Department (GAD), Manoj Kumar Dwivedi.
It reads: “Section 3A (2) (b) and 3A (1) (a) of the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, read with Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020 provides that the children of persons possessing PRCs are required to annex PRC of the parent and birth certificate issued by the competent authority as specified in Rule 5 (column V) of Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020 for obtaining Domicile Certificate.”
It clarifies that “even if (only) one of the parents i.e. either mother or father, is in possession of a PRC, the children would be entitled to the grant of Domicile Certificate.”
The Commissioner Secretary GAD has directed the authorities concerned that while issuing the domicile certificates in favour of the children of the PRC holders, the rules governing the subject be adhered to strictly in letter and spirit and in tune with the above clarification.
The domicile laws replaced the PRC laws after the constitutional change effected on August 5, 2019 and erstwhile state was downgraded into two Union Territories – J&K and Ladakh.