Srinagar: Terming it “important point of law”, Jammu and Kashmir High Court has issued a notice to J&K government, seeking its response on whether or not Permanent Resident Certificate (PRC) has lost its relevance following abrogation of Article 35(A) last year.
A single bench of Justice Rajnesh Oswal issued the notice to Secretary, General Administration Department, after arraying the officer as respondent in a petition filed by one Aradhay Gupta through his counsel who contended that petitioner was born in Jammu and he has undergone all his studies in the erstwhile State of Jammu and Kashmir. He said that authorities were demanding Permanent Resident Certificate (PRC) so as to enable him to participate in the CET-2020.
He further contended that with the abrogation of Article 35(A), the concept of PRC has lost its relevance and as such the same cannot be demanded by the authorities.
“This Court is of the opinion that the important point of law is involved, which requires the response from the General Administration Department, as such Secretary, General Administration Department, UT of J&K is arrayed as party respondent,” the court said and issued notice through e-mail to the secretary GAD for filing objections/ response.
“Objections be filed positively by or before the next date of hearing,” the court said and posted the petition on May 18.
Article 35A of the Indian Constitution empowered erstwhile state’s legislature to define “permanent residents” and provide special rights and privileges to them. The erstwhile state defined these privileges to include the ability to purchase land and immovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and health care. However on 5 August 2019, the President Ram Nath Kovind issued a Presidential Order, whereby all the provisions of the Indian Constitution were made inoperative while J&K was placed under unprecedented security and communication lockdown.
