Social Welfare Department (SWD) has fixed income slab of Rs 8 lakhs for issuance of reservation certificates to Pahari Speaking People in Jammu and Kashmir.
However, there will be no income ceiling for Scheduled Caste and Scheduled Caste categories in Jammu and Kashmir.
The Social Welfare Department had received various representations seeking clarification regarding issuance of the certificates to Pahari Speaking People whose income from all sources was above Rs 8 lakhs.
On the basis of these representations, the department has clarified that the income slab of Rs 8 lakh as provided in proviso second of clause (o) of section 2 of the Reservation Act, 2004 will also be applicable to Pahari Speaking People.
“However, such income ceiling is not applicable to persons belonging to Scheduled Caste and Scheduled Tribe Categories,” according to the SWD.
The SWD has said that the Section (2) of Jammu and Kashmir Reservation Act, 2004 has defined the Socially and Educationally Backward Classes as category for providing reservation, which include persons residing in the backward areas, persons residing in the areas adjoining Actual Line of Control, Weaker and Under Privileged (Social Caste) as declared under various notifications from time to time.
The second proviso to the section 2 (0) has provided that for persons to be excluded from the category of socially and educationally backward classes and one of such category was the persons whose annual income from all sources determined in the prescribed manner exceeds Rs 8.00 lakhs (as per SRO-07 of January 7, 2019).
In exercise of powers conferred by section 23 of Jammu and Kashmir Reservation Act, 2004, vide S.O 127 of April 20, rule 2(xi a) was inserted to provide reservation to the Pahari Speaking People’ which included persons belonging to Pahari Community, clan and tribe having distinct cultural ethnic and linguistic identity to the identified in such manner as may be prescribed.
The notification S.O 127 of April 20, 2020 also provided for certificate to be issued as per-form IX to the Pahari Speaking people by the Tehsildar concerned in terms of Rule 21 of the Jammu and Kashmir Reservation Rules 2005.
“Proviso second of clause (o) of section 2 of the Reservation Act, 2004, which provides for income ceiling up to Rs 8 lakhs is applicable to all categories of the socially and educationally backward classes including Pahari speaking people,” according to the SWD.