‘Accelerated’ recruitment aimed to accelerate implementation of measures patently unconstitutional:Masoodi

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Srinagar, May 29 : Jammu and Kashmir National Conference Member of Parliament from Anantnag Hasnain Masoodi has in a statement labeled “Accelerated Recruitment” scheme announced by the JK Administration to fill up 10,000 vacancies at different levels, as more a design to fast track implementation of the new domicile regime than provide any relief to thousands of unemployed youth of Jammu and Kashmir.
He has stated that as the J&K Reorganization Act 2019 whereby the State of Jammu and Kashmir with Constitution of its own, has been fragmented and downgraded is unconstitutional for the reasons time and again spelt out and also agitated before the Apex Court, the domicile regime comprising of J&K Reorganization ( Adaptation of State Laws) Order 2020, J&K Civil Service ( Decentralization And Recruitment) 2020 and J&K Grant of Domicile Certificate ( Procedure) Rules 2020, framed under the Act is unconstitutional and so are all the consequential steps taken in furtherance of the regime.
The statement adds that the Central Government and JK Administration are in terms of Constitutional scheme and out of deference to the top Constitutional Court required to desist from implementing a constitutionally suspect low, under judicial scrutiny. It is stated that exercising powers under a law facing serious constitutional challenge would amount to an effort to preempt the final outcome of the proceedings.

The constitutional challenge apart, the statement adds, the residents of J&K have no reason to welcome the “Accelerated Recruitment” drive, as 10,000 identified vacancies to be filled up exclusively by the State Subjects of Jammu and Kashmir would now be thrown open to thousands of non State Subjects claiming Domicile status under vague, open ended and ambiguous provisions of the Order and Procedure , made under a law of questioned validity. The domicile regime therefore would not only prejudicially affect the employment rights of local unemployed youth but result in upswing in the unemployment graph in Jammu and Kashmir, it is stated. The promise to extend benefit under “Accelerated Recruitment“ to some weaker sections, according to Masoodi, in absence of constitutional and statutory backing will remain to be fulfilled. Masoodi has asked the JK administration to regularise the most deserving amongst the 60,000 daily rated, consolidated and contractual employees who for most part of the year are on streets braving scorching heat and winter chill to demand unpaid wages, instead of implementing a constitutionally suspect law facing a serious challenge before the highest constitutional court of the Country.He has also asked the Government of India to take cognisance of the ground situation and undo the 5th August decision that events have proven neither to be in the interest of Jammu and Kashmir nor the Country.

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