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Outsiders’ appointments blatant violation of Article 35A: experts

Srinagar, December 05, 2018 (PPI-OT): In occupied Kashmir, in blatant violation of the Article 35A, which prohibits outsiders from seeking jobs in Jammu and Kashmir, the authorities have invited applications for the posts of professors, assistant professors and associate professors from across India for appointment on permanent basis in Kashmir.

The applications have been invited by the Institute of Management Public Administration and Rural Development (IMPA), which falls in the domain of the administration of the occupied territory. As per some reports appearing in a section of Srinagar-based media, the appointments of non-state subjects will be made in IMPA on permanent basis, which is completely funded by the administration of the territory. The move is in utter violation of the Article 35A of the Indian Constitution, which defines the residential as well as other rights of the people of Jammu and Kashmir.

Media reports further said that when the Kashmiris’ freedom struggle against Indian rule was at its peak and there was complete chaos in 1992, the then Governor Jagmohan virtually trampling the provisions of the Article 35A unilaterally amended the recruitment rules of IMPA allowing non-state subjects to seek jobs in the institution and that too on permanent basis.

A Srinagar-based journalist, Rifat Abdullah, has said the Article 35A does not allow any unilateral amendment to the recruitment policy of any department of the occupied territory in flagrant violation of the Article 35A. “Don’t you think it violates Article 35A? Is it not the right time to stop and scrap this recruitment policy? When these recruitment rules of IMPA were framed, was the committee competent to allow non-state subjects to apply for faculty positions keeping in view the Article 35A which does not allow this?” asks the journalist.

“Why Omar Abdullah and Mehbooba Mufti are silent on such issues? Because they have also carried forward such violations. Erosion of 35A and 370 has happened like this over the period of time but it should not be precedence. We must rectify it,” he said.

An employee who wished not to be named said that faculty till date was unaware of this fact that IMPA can avail the services of non-state subjects on permanent basis. “Now you will have non-state subjects as faculty and it is a serious issue,” he said.

Renowned lawyer Sheikh Shakeel said, IMPA is the institution owned by J&K government and it is the obligation of local government to advertise posts on local basis. “Jammu and Kashmir occupies a unique position and you can’t bring faculty or provide jobs to non-state subjects. This is total violation of law,” he added.

For more information, contact:
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