Excelsior Correspondent
Srinagar, Dec 16: The High Court has directed the Government not to make any appointment of migrant or any Kashmiri Pandit under SRO 425 made under the Prime Minister’s Special Package for rehabilitation of Kashmiri Migrants.
Justice Janak Raj Kotwal in a writ petition filed by Kashmir Sikh Community challenging the SRO 425, directed that no appointment shall be made and finalized under the SRO.
The Kashmiri Sikh community challenging the SRO and the Government order dated 13.11.2017 whereby a Committee has been constituted by the Government for giving benefit in terms of the SRO to the migrants as also to Kashmiri Pandits on the ground that the SRO offends Articles 14 and 16 of the Constitution of India and the fundamental right of equality of unemployed educated youth of the Sikh Community, who too have not left the Valley after 1989.
“Meanwhile, as ad interim, subject to objections and till next date before the Bench, no appointment in terms of impugned SRO 425 and impugned Government order dated 13.11.2017, shall be finalized and made”, Justice Kotwal ordered.
It is under Kashmiri Migrants (Special Drive) Recruitment Rules, 2009 that, “migrant” unemployed youth are eligible for appointment against the posts specially created from time to time in Kashmir division, except the districts of Leh and Kargil under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri migrants to the Valley.
According to Rule (2) “migrant” means a person who has migrated from Kashmir valley after 1st November 1989 and is registered with Relief Commissioner or has not been so registered on the ground of his being in service of Government in Valley or any other part of the State in pursuit of occupation or vocation or otherwise, and is possessed of immovable property at the place from where he has migrated but is unable to ordinarily reside there due to disturbed conditions and includes an “internally displaced person”.
Displaced person as is in Rule 2(d) means as a person who had to migrate within Kashmir valley from his original place of residence in Kashmir valley for reasons of security and is registered as such with the Relief and Rehabilitation Commissioner, Migrants.
By virtue of SRO 425 issued by the State Government vide Notification dated 10th Oct. 2017, amendment has been effected to the Rules of 2009 and in terms of various amended provisions, the benefit under the Rules of 2009 has been extended to a person, who belongs to a “Kashmiri Pandit” family and has not migrated from Kashmir Valley after November 1, 1989 and is residing in the Kashmir valley.
Petitioners, who calimed to represent Sikh Community of Kashmir valley, challenged the SRO 425 as also the Government order dated 13.11.2017, whereby a Committee has been constituted by the Government for giving benefit in terms of the SRO in the writ petition.
It is stated that the benefit under the rules of 2009 as they originally were, was available to all the migrants irrespective of any cast, creed or religion and the benefit in terms of SRO 425 has been restricted to the members of a particular community, who have not migrated from Kashmir valley.
“The point raised in this writ petition, which is important indeed, is that the SRO offends Articles 14 and 16 of the Constitution of India and the fundamental right of equality of unemployed educated youth of the petitioner community, who too have not left Valley after November 1989”, the order read.
“On hearing learned counsel for the petitioner and according consideration to the matter on the touchstone of Articles 14 and 16 of the Constitution, I am persuaded to show indulgence at this stage. Notice in the main as well as CMP”, the court further added.
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