* Directs authorities to proceed in accordance with law
Excelsior Correspondent
SRINAGAR, Feb 14: In a major relief to Kashmiri Pandits, High Court today upheld the Prime Minister’s Special Package for rehabilitation of migrant Kashmiri Pandits, which envisages Government job for them.
The SRO 425 under the Prime Minister’s Special Package for rehabilitation of Kashmiri Migrants was challenged by Kashmiri Sikh body claiming to be the unemployed Kashmiri Sikh youth and are aggrieved of special dispensation in the matter of employment given in favour of 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 and there was stay on operation of this package.
“I find no merit in the petition so far as challenge to the vires of SRO 425 dated 10th October 2017 is concerned and the same is accordingly, rejected”, Justice Sanjeev Kumar said.
Court, however, quashed the Government Order No. 96-DMRR&R of 2017 dated 13th November 2017 by recording that the same is unsustainable in law and directed the authorities to proceed in the matter in accordance with law and the Court recorded the same has the effect of modifying the Statutory Rules which is impermissible. All the posts created in pursuance to the Prime Minister’s Package for Return and Rehabilitation are required to be filled up as per the Rules of 2009 and in no other manner.
It is under the said order a committee was constituted by the State Government for giving benefit in terms of the said SRO to the migrants as also to Kashmiri Pandits on the ground that the said 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 the valley after 1989.
By challenging the SRO and Government Order No. 96-DMRR&R of 2017 dated 13th November 2017, the petitioner-body asserted that SRO 425 dated 10th October 2017, whereby the Rules of 2009 have been amended violates 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.
Court said, as in the early 1990’s the sudden spurt of militancy in Kashmir Valley, the happenings created a sort of fear psychosis and instilled strong sense of insecurity in the mind of Pandit community as result, the nation witnessed large scale exodus of Kashmiri Pandits along with the political workers from Kashmir Valley.
“The Court may not be concerned as to what were actual reasons of the mass exodus of Kashmiri Pandits from Kashmir Valley but at the same time is not oblivious to the plight and miseries that befell on these migrants. They had to leave their home and hearth and settle in camps in Jammu, New Delhi and various other places of the country, where they felt sense of security”, Justice Kumar said. With the sufferings all these Kashmiri Migrants, who had to leave their home and hearth in peculiar law and order situation in the State, were of high magnitude the Government of India as also the Governments of various States came up with different measures of rehabilitation and provided relief and succour to these families by all possible means.
The Government of India came with a comprehensive package and policy of relief and rehabilitation in the year 2008. This package/policy was first announced by the then Prime Minister during his visit to the State on April 25-26, 2008. The package was meant to ameliorate the lot of Kashmiri Pandit Community, who had been forced to migrate from Kashmir valley and to facilitate their return and rehabilitation.
It is in light of the report of the Parliamentary Standing Committee on the rehabilitation of Kashmiri Migrants and also taking note of pathetic condition of Kashmir Pandit community, which had decided not to migrant because of many reasons as also to extend the Prime Minister’s Package of Return and Rehabilitation, the Government of India sanctioned additional 3000 Government jobs for Kashmiri Migrants vide its communication dated 4th December 2015.
This package of employment was meant for all Kashmiri Migrants and the category of Kashmiri Pandits, who had not migrated from the Kashmir Valley during the violence, was first time included for the benefit of the aforesaid employment package.
Court said the Rules of 2009 and amendments carried thereto vide SRO 425 abundantly clear that a class different from the migrants has been created for conferring the benefit of the Prime Minister’s Package for return and rehabilitation of Kashmiri Migrants. The class identified under the impugned SRO is a community of Kashmiri Pandits, who did not migrate in the wake of turmoil in the Valley and stayed back despite adverse conditions perceivably prevailing for their community.
Authorities in their affidavit have averred that as per the records available with the Relief and Rehabilitation Commissioner (Migrant), Jammu, there are 15, 700 Hindu Relief families and 22, 062 Hindu Non-Relief families, consisting of 49, 859 souls and 82, 740 souls respectively.
Besides there are 1, 336 Relief Sikh families and 353 Non-Relief Sikh families consisting of 5, 043 souls and 1, 502 souls respectively registered with the Relief Organisation. In the light of the data placed on record, the respondents have pleaded that the effect of migration in the wake of turmoil in the Valley was more on the Kashmiri Pandit community than other communities.
It is though conceded that handful of Sikh families too migrated from the Valley but majority decided to stay back and has been residing peacefully. It is on the basis of this empirical data and the recommendations of the Parliamentary Standing Committee constituted for the purpose that the Government appears to have taken a policy decision to extend some helping hand to this distressed Kashmiri Pandit community.
“From the aforesaid discussion and in view of the stand taken by the respondents, it cannot be said that the Sikh Community is similarly placed with the Kashmiri Pandits. There appears to be intelligible differentia, which distinguishes Kashmiri Pandits, who have stayed back in the Valley and did not migrate when lakhs of their community members left their home and hearth in view of the then prevailing security scenario in the Valley”, Justice Kumar said.
Court in view of the foregoing discussion, found that the SRO-425 does not amount to class legislation but makes a valid classification which is permissible under Article 14 and 16 of the Constitution.
“The impugned SRO is affirmative action and a policy decision on the part of the State to bring a particular community, staying in the Valley under peculiar circumstances, at par with their counterparts, so that they could compete and avail of the employment opportunities after they are brought in a position to compete with them”, reads the judgment.
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