Aqib Ahmad
Srinagar, May 18 : The Government on Monday informed J&K High Court that a notification by BOPEE, seeking Permanent Resident Certificate (PRC) from candidates for participation in CET-2020, was not in consonance with the Jammu & Kashmir Reorganization Act 2019.
In the first week of this month, the High Court had issued a notice to J&K government, seeking its response on whether or not PRC has lost its relevance following abrogation of Article 35(A) by BJP-led government last year.
“After threadbare examination of the matter, the General Administration Department has advised the BOPEE vide communication dated 16.05.2020 that notification No. 003-BOPEE of 2020 dated 10.03.2020, issued by BOPEE is not in consonance with the Jammu & Kashmir Reorganization Act, 2019 and the same is required to be modified in order to bring it in conformity,” Additional Advocate General, F. A. Natnoo, submitted before a bench of Justice Rajnesh Oswal.
Natnoo who appeared on behalf of BOPEE as well as stated that the BOPEE is going to act upon the advice “very soon”.
“The statement of Mr. Natnoo is taken on record,” the court said as per global news service. “In view of the statement, nothing remains in this writ petition for adjudication,” the court said and disposed it of.
The petition was 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 PRC so as to enable him to participate in the CET-2020.
He had 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.
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. (GNS)
