‘Those living for more than 15 years now eligible for domicile ‘
Only lowest non-gazetted posts exclusively reserved for natives
Over seven months after scrapping of Article 370 and bifurcation of J&K state, Government of India (GoI) has redefined the domicile rules in the Union Territory of Jammu and Kashmir by announcing that anyone "who has resided for a period of fifteen years in the UT of J&K or has studied for a period of seven years and appeared in class 10th/12th examination in an educational institution located in the UT of J&K" is now eligible for it.
Under the new law, jobs up to the lowest level of non-gazetted rank have been exclusively reserved for those who have resided in J&K for a period of 15 years, and children of all central government employees who have served for a 10-year period in the UT.
“Subject to the provisions of this Act, no person shall be eligible for appointment to a post carrying a pay scale of not more than Level-4 (25500) unless he is a domicile of the Union Territory of Jammu and Kashmir,” reads section 5A of The Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act.
Level 4 includes posts including Junior Assistant, Constable, which is considered as the lowest category of non-gazetted posts. This means domiciles of J&K UT would have an exclusive right on class 4th and non-gazetted posts to be advertised by the services.
While all Indian citizens including J&K domiciles would be eligible for remaining non-gazetted and gazetted posts.
Before August 5, all jobs in the erstwhile state of J&K were exclusively reserved for permanent residents of the State.
Under the law, the domiciles have been defined as those who have resided for a period of 15 years in the Union Territory of Jammu and Kashmir or have studied for a period of seven years and appeared in Class 10-12 examination in educational institutions located in J&K.
The domiciles also include children of those central government officials, all India services officers, officials of public sector undertaking and autonomous body of the central government, public sector banks, officials of statutory bodies, officials of central universities and recognised research institutes of the central government who have served in J&K for a total period of ten years.
The law has empowered Tehsildars within their territorial jurisdiction to issue domicile certificates. The government of J&K UT has also been empowered to notify any other officer to be the competent authority for the issuance of a domicile certificate.