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Non migrant Kashmiri Sikhs not entitled to HRD concessions

KT NEWS SERVICE. Dated: 11/18/2019 3:23:26 PM

Admissions to higher educational institutions

JAMMU, Nov 8: The concessions announced by Union Ministry for Human Resource Development (HRD) for Kashmiri Pandits living in the valley vis-a-vis admission to higher educational institutions will not be available to non migrant Kashmiri Sikhs.
Only Kashmiri Sikh migrants will be entitled to concessions available for admission in higher educational institutions to the wards of Kashmiri migrants,
However, even the Kashmiri Pandits living in the Valley cannot avail these concessions under a separate head. The concessions extended to them will be the same as already available to the wards of Kashmiri migrants which mean that there will be no separate quota or allocation of seats to them (Kashmiri Pandits ) exclusively. They too will have to compete with the students under Kashmiri migrants’ quota.
On October 15, 2019, the HRD ministry had announced the extension of concessions available for admission in higher educational institutions to the wards of Kashmiri migrants to Kashmiri Pandits living in the valley as well.
“After receiving representations from Kashmiri Pandits (Non-Migrants) living in the Kashmir Valley to extend the existing concessions, being provided to Kashmiri migrants, for them also The matter has been considered and following discussion with the Home Ministry and the Jammu and Kashmir government it has been decided with the approval of HRD Minister that the concessions available towards Kashmiri migrants will also be available to non-migrant Kashmiri Pandits or Kashmiri Hindu families, in the matter of admission into higher educational institutions in other parts of the country from 2020-21 academic session,” a notification issued by HRD Ministry had said.
As per the notification, the concessions granted to the students include relaxation in cut-off percentage up to 10 per cent subject to minimum eligibility requirement, increase in intake capacity up to five per cent course-wise and reservation of at least one seat in merit quota in technical and professional institutions.
The notification had further pointed out that waiving off domicile requirements would be for Kashmiri migrants only. “Kashmiri Pandits or Kashmiri Hindu families (Non-Migrants) living in the Kashmir Valley need domicile certificate,” the notification had read.
In this connection, the Advocate General of Jammu and Kashmir Union Territory (UT) D C Raina, when contacted, said, “Concessions will be available to all Kashmiri migrants, as defined in SRO 412 of 2009 to be read with SRO 425 of 2017. However there will be no separate quota for Kashmiri Pandits/Hindus who chose to stay back in the Valley as the court had declared this classification (Government Order no.96-DMRR&R of 2017 dated 13th November 2017) as bad after it was challenged by non migrant Kashmiri Sikhs.”
Exclusion of other minorities, mainly Kashmiri Sikhs, who too chose to stay back in the Valley, was in the light of J&K High Court’s judgement delivered earlier this year in a case, where the youth from non migrant Kashmiri Sikh community had challenged the government move for providing employment to Kashmiri Pandits, living in Kashmir Valley, by amending J&K Migrants (Special Drive) Recruitment Rules 2009 in terms of SRO 425 dated 10th October 2017.
Besides they had also challenged the subsequent Government Order no.96-DMRR&R of 2017 dated 13th November 2017 on the ground that the Rules of 2009 were amended violating the equality clause, bedrock of Articles 14 and 16 of the Constitution, by treating the Sikh community staying in Kashmir Valley differently than the similarly placed Kashmiri Pandits, for the purposes of extending the Prime Minister's Employment package.
They had sought that they should be treated at par with Kashmiri Pandits, staying in Valley, for the purposes of providing the employment pursuant to the Prime Minister's package of Return and Rehabilitation.
However, the High Court had dismissed the petition so far as challenge to the vires of SRO 425 dated 10th October 2017 was concerned. However, the court, while declaring the classification paving way for separate allocation of posts for non migrant Kashmiri Pandits as bad, had quashed Government Order no.96-DMRR&R of 2017 dated 13th November 2017 as unsustainable in law.
With regard to requirement of Domicile Certificate, do they need to apply afresh post Article 370 scrap, responding to this question, Raina says, “Under the J&K Reorganisation Act, majority of the existing Acts and Statues have been validated. But if the requirements, pertaining to it, will not fall under the validated Statues, then they will have to apply afresh.”
In the meanwhile, the HRD ministry too has clarified that the extension of concessions available for wards of Kashmiri migrants for admission in higher educational institutions to Kashmiri Pandits living in the valley, will be within the existing quota only.
Following the notification, the Ministry received various queries from educational institutions about whether the "increase in intake capacity up to 5 per cent course wise and reservation of at least one seat in merit quota in technical and professional institutions is over and above the existing quota.
"It is clarified that the concessions for wards of both Kashmiri Migrants and Kashmiri Pandits living in the Valley for admission in higher educational institutions from academic year 2020-21 and onwards are within the existing quota till further orders," the HRD Ministry said in an official communication.