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2019 Supreme(J&K) 339

ALI MOHAMMAD MAGREY
Junaid Nazir – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Ms. Asma Rashid, Advocate
For the Respondent(s):Mr. D. C. Raina, Advocate General, with Mr. Usman Gani, GA, Mr. Mir Suhail, AAG and Mr. Hakim Aman Ali, Dy. AG

JUDGMENT :

1. Heard learned counsel for the parties and considered the matter.

2. It may at the very outset be observed that the posts advertised vide the advertisement notifications impugned in this petition have been created for, and are meant to be filled in only from amongst, the eligible migrant candidates. Petitioners, admittedly, are not migrants. I feel that it becomes imperative to give a narration of the relevant rules.

3. The Government of Jammu and Kashmir, vide SRO 412 dated 30.12.2009 read with SRO 425 dated 10.10.2017, promulgated the Jammu and Kashmir Kashmiri Migrants or Kashmiri Pandits (Special Drive) Recruitment Rules, 2009 (the 2009 Rules). In terms of Rule 2(ca) ‘Kashmiri Pandit’ for the purpose of the said Rules is defined to mean a person who belongs to the Kashmiri Pandit family and has not migrated from Kashmir Valley after 1st of November, 1989 and is presently residing in the Kashmir Valley. Rule 2(d) defines ‘migrant’ as meaning a person: (i) who has migrated from Kashmir Valley after 1st November, 1989; and (ii) is registered as such with the Relief Commissioner or has not been so registered on the ground of his being in service of Government in any mov

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