The recent decision of the administration to amend the backward areas certificate act has raised some eyebrows in the political circles of Kashmir. Many of the recent orders of Governor Satya Pal Malik have not gone well with the political parties of Kashmir. They have repeatedly told Raj Bhawan to leave such decisions to the elected government. However, official spokesman said that the matter was resolved after the representations by Migrant Kashmiri Pandits.
The matter remained under active examination of the Government in the Social Welfare Department. The Government after due consideration amended the Rule 21 of the Jammu & Kashmir Reservation Rules-2005. In this regard, SRO 321 was issued by the Social Welfare Department on 27.05.2019.
While the said SRO has reiterated that for availing the benefit of reservation of Backward Area/ area near the Line of Actual Control/International Border, a person must establish that he/she has resided in the said area for a period of not less than 15 years prior to the date of application and is actually residing in the said area, it has also clarified that a person shall not be disentitled from claiming this benefit, only on the ground that his/her father or the person on whom, he/she is dependent is living in a place which is not identified as backward or area near the Line of Actual Control or International Border on account of his employment, business, other professional or vocational reasons or migration from one place to another place within the respective Division due to the security reasons.
It further clarifies that a person who has migrated from Kashmir Division for security reasons will not be disentitled from claiming this benefit even if he/she has migrated outside the Division/State, subject to the condition that he/she should have been registered as a migrant with the office of the Relief and Rehabilitation Commissioner (Migrants) Jammu.
The objective of the above amendment is not to deprive any class from its admissible right of reservation but only to remove the hardships as were faced by the candidates in obtaining these certificates.