With a view to simplifying the issuance of ‘Resident of Backward Area” certificates in favor of the persons belonging to an identified backward area or an area near the Line of Actual Control/International Border including persons hailing from Kashmir division who have migrated outside the division/state for security reasons, the Social Welfare Department on Monday issued a notification vide SRO-321 dated 27.05.2019 amending the clause (iii) of Rule 21 of the Jammu and Kashmir Reservation Rules, 2005.
An official said it is noteworthy to point out that the Jammu and Kashmir Reservation Rules1994 issued vide SRO-126 of 1994, inter-alia, provided for issuance of”Resident of Backward Area” (RBA) certificates in favor of Kashmiri Migrants.”These rules were replaced by the Jammu and Kashmir Reservation Rules,2005 notified vide SRO 294 of 2005 dated 21.10.2005. However, in the saidrules, reference to Kashmiri Migrants was not made seemingly on the premisethat migration was a transitory event. However, this led to ambiguity and henceavoidable difficulties to the Kashmiri Migrants in securing RBA certificates aswell as their renewal.”
The statement said the representatives of the KashmiriPandits approached different quarters for issuing necessary clarifications toenable them to obtain RBA certificates and also have their RBA certificatesalready issued, renewed without any encumbrances. “The representativesrepeatedly approached the Government at various levels for early redressal oftheir grievance. The non issuance/renewal of RBA certificate was proving to bean impediment for them in applying to various posts earmarked for RBAcategories under the Government.”
The matter remained under active examination of theGovernment in the Social Welfare Department. The Government after dueconsideration amended the Rule 21 of the Jammu & Kashmir ReservationRules-2005. In this regard, SRO 321 wasissued by the Social Welfare Department on 27.05.2019.
The statement said SRO has reiterated that for availing thebenefit of reservation of Backward Area/ area near the Line of ActualControl/International Border, a person must establish that he/she has residedin the said area for a period of not less than 15 years prior to the date ofapplication and is actually residing in the said area.
“It has also clarified that a person shall not bedisentitled from claiming this benefit, only on the ground that his/her fatheror the person on whom, he/she is dependent is living in a place which is notidentified as backward or area near the Line of Actual Control or InternationalBorder on account of his employment, business, other professional or vocationalreasons or migration from one place to another place within the respectiveDivision due to the security reasons.”
It further clarifiesthat a person who has migrated from Kashmir Division for security reasons willnot be disentitled from claiming this benefit even if he/she has migratedoutside the Division/State, subject to the condition that he/she should havebeen registered as a migrant with the office of the Relief and RehabilitationCommissioner (Migrants) Jammu.
The statement said it may be reiterated that the objectiveof the above amendment is not to deprive any class from its admissible right ofreservation but only to remove the hardships as were faced by the candidates inobtaining these certificates.
“The amendment made in the reservations rules shallbenefit a large number of Kashmiri migrants who had hitherto been facingdifficulties in availing of reservation benefits on account of their migrationto other divisions/states on security grounds.”