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J&K Govt announces special rules for fast tracking recruitment process

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Extra Weightage for Widows, Daily Wagers, those without any family member in government employment; no domicile certificates needed at application stage

JAMMU, MAY 28: The Jammu and Kashmir administration on Thursday approved special recruitment rules for Class-IV jobs, expediting the process and granting several benefits to the marginalised sections, including widows, daily-wagers and those who do not have any family member in government employment.

The administration reiterated that no documents, including domicile certificate, will be required at the time of filling job application forms.

The decision was taken at a meeting of the Administrative Council held under the chairmanship of Lieutenant Governor Girish Chandra Murmu.

Giving details, Principal Secretary Power Development Department and Information, Rohit Kansal, who is also the Government Spokesperson, at a press conference here today informed that the decision of laying a quick and simple procedure for filling up of Class IV vacancies follows the decision of the Government to notify over 10,000 posts for Accelerated Recruitment at all levels- Doctors, Vets, Panchayat Accounts Assistants and Class-IV employees.

Kansal said that the accelerated recruitment process shall be started with Class IV vacancies. The Accelerated Recruitments Committee has already identified 7052 Class-IV vacant posts at the UT, Divisional and District cadre levels in various departments of the Government. All these posts shall be filled up through a Special Recruitment Drive. The concerned departments shall place their indents to the Services Selection Board (SSB) through the General Administration Department. The SSB shall be sole agency for the Special Recruitment Drive.

He said that in order to simplify the process and cut down all delays, the Administrative Council has also ordered that all concerned departments will make necessary amendments/ modifications in their relevant Recruitment Rules based on this decision alone and that no separate approval shall be sought for this purpose.

Speaking about the procedure and criterion laid down in the Jammu and Kashmir Appointment to Class-IV (Special Recruitment) Rules, 2020, the spokesperson said that these rules address many of the deficiencies of the earlier rules, adding that these Rules clearly define the procedure for referral of Class-IV vacancies, clubbing of the vacancies, preparation of wait lists, select lists etc. with the aim to fill all advertised vacancies within a period of one year, extendable by six months.

Giving details of the selection process, Kansal said that the marks obtained in the written test of 100 marks will have primacy in the selection criteria. There will be no interview. He reiterated that no documents including domicile certificate will be required to be submitted at the time of filling the application form.

Explaining the significant features of the rules, the spokesperson added that the rules provide for additional weightage to various marginalized categories. He elaborated that that in order to give benefit to the marginalized sections comprising of widows, divorced/judicially separated women and orphan girls keeping into consideration the extreme compassion involved in their case, an additional weightage of five marks shall be given to such candidates. Similarly, an additional weightage of five marks shall be given to those candidates with no family member in government service. Daily Rated Workers and other similar candidates who have been engaged for at least five years shall be given an additional weightage of five marks. They shall also be given a 5 years age relaxation in the upper age limit.

Kansal reminded that the procedure and rules for domicile certificate had already been notified under The Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020. He added that these Rules prescribe a very simple and time bound procedure for issuance of Domicile Certificates. He said that PRC Holders will be eligible on the basis of their PRCs alone and no other document shall be required in their case. Kashmiri migrants too can get the Domicile certificate on production of either a PRC or Certificate of registration as a migrant. A special limited provision has also been made for bonafide migrants and bonafide displaced persons who may have not registered so far.

The certificates shall be issued expeditiously and there shall be a timeline of 15 days for issuance of the certificate after which the applicant shall be free to approach an Appellate Authority. There are provisions for penalties and revisional powers. The rules also have a provision that applications for grant of Domicile Certificate can be submitted either physically or electronically online. The Competent Authority can also issue domicile certificate(s) electronically. The procedure has an inbuilt mechanism to ensure speed and transparency and no one need to have any apprehensions on this count.

NO oral test for posts upto and including Pay Level 5

JAMMU, MAY 28: As per a notification issued here today by the Govt. of Jammu and Kashmir, Lieutenant Governor of Jammu and Kashmir, in exercise of powers conferred by proviso to Article 309 of Constitution of India and in supersession of all rules/orders on the subject has directed that there shall be no oral test for posts upto and including Pay Level 5 (Rs.29200-92300) and the selection for all such posts shall be made on the basis of written test only with further stipulation that trade test/skill test wherever prescribed shall continue to be held as per the relevant recruitment rules.

This notification shall also apply to such of the selections undertaken by the recruiting agency where the written test has not been conducted on the date of publication of this notification: provided that the procedure for selection for all posts for which test has already been conducted by the recruiting agencies shall continue to be governed by the rules/orders in force on the date of advertisement.




HC disposes of petition against Mian Qayoom’s PSA detention

Let the detenue decide whether he shuns the secessionist ideology

Rashid Paul

Srinagar May 28: The High Court today dismissed an appeal by the Kashmir Bar Association President Mian Abdul Qayoom against an earlier court order that declined his release from a Delhi Jail where he is detained under Public Safety Act (PSA).

Qayoom was detained under the preventive detention law on 5th August 2019 after the government abrogated the autonomous status of Jammu and Kashmir.

In a virtual court hearing Justices A M Magrey and Vinod Chatterji Koul, dismissed the appeal by Qayoom challenging the single bench order of Justice Tashi Rabstan that upheld the detention under PSA.

Justice Rabsatan in his judgment had left the matter to subjective satisfaction of the executive saying “subjective satisfaction of a detaining authority to detain a person or not, is not open to objective assessment by a Court”.

The judge also observed that the courts were “not a proper forum to scrutinize the merits of administrative decision to detain a person”.

The petitioner claimed that he was not supplied the material documents on the basis of which the detaining authority had attained the requisite satisfaction.

He also said “the FIRs relied upon by the detaining authority to form his opinion pertain to the years 2008 and 2010, and that the allegations contained in these FIRs are stale in nature; therefore, the same could not form the basis for detaining the detenue, and that the detention order on that ground is vitiated”.

His lawyers argued “the detenue was previously detained in the year 2010 and the very same FIRs and the allegations made therein were then relied upon for detaining the detenue, but that detention order was subsequently withdrawn”.

The D C Raina the Advocate General of J&K argued that the 76 year old Qayoom has since long emerged as one of the most staunch advocates of secessionist ideology in Kashmir.

“He believes that Jammu and Kashmir is disputed territory and it has to be seceded from Union of Indian.

“The role of subject has remained highly objectionable and he was indicted many times in past for secessionist activities which can be gauged from the fact that at least 04 criminal cases have been registered against him and his other associates for violating various laws whose sanctity they are supposed to uphold in highest esteem,” he pleaded.

He told the court that Qayoom was instigating general public to indulge in the Amarnath Shrine land transfer agitation in 2008 and the one following the killing of militant commander Burhan Wani in 2016.

“The subject for achieving this objective has been misusing platform of Bar Association which is regarded with esteem as per the status given to it in the constitutional system”, Raina said.

He added “there is every likelihood and apprehension that he will instigate general public to resort to violence which would disturb public peace and tranquility in J&K”.

He also said that the detenue has the right to represent to the Ministry of Home for his release which he has already declined to avail.

The High Court disposed of the petition against the detention of Mian Abdul Qayoom under PSA.

The divisional bench observed that the Advocate General has submitted that the “activities attributed to and alleged against the detenue herein, reflected in the FIRs, are not such acts as, if once committed, would be treated as acts done in the past, and finished.”

The Court said that the Advocate General also submitted that the “FIRs and the grounds of detention depict and relate to the secessionist ideology of the detenue, entertained, developed, nourished and nurtured by him over decades.”

The Court further observed that Advocate General has submitted “the ideology nourished and nurtured by the detainee cannot be confined or limited to time, qualify it to be called stale or fresh, unless of course, the person concerned declares and establishes by conduct and expression that he has shunned the ideology.”

The bench in its order observed that in the light of the argument taken by the Advocate General, “we leave it to the detenue to decide whether he would wish to take advantage of the stand of the Advocate General and make a representation to the concerned authorities to abide by it.”

“Simultaneously, we also leave it to the discretion of the government and the concerned competent authority to take a decision in terms of relevant provisions of JK PSA on any such representation, if made by the detenue.”

It is made clear that an adverse order on any such application, if made, shall not entail any legal proceeding, whatsoever,” the Court observed.

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