Amendment In Recruitment Process Curtails Powers Of Elected Government

The fresh order issued by the Lieutenant Governor-led administration allows recruitment of employees for public sector undertaking, and company, owned or controlled by the government.

Srinagar:A crucial amendment in the recruitment process in Jammu and Kashmir has truncated the powers of the elected government in the recruitment process days ahead of government formation.

The order issued by the Lieutenant Governor-led administration amended the J&K civil services (decentralisation and recruitment) rules, vesting the Chief Minister or the elected government with no powers to make appointments in public sector undertakings or corporations.

It mandates recruiting non-gazetted employees including class IV posts through J&K Service Selection Board (JKSSB). The board can make appointments across government departments for subordinate posts (non-gazetted) including J&K Police through written examinations, interviews including skill tests wherever required for various posts.

However, the fresh amendment broadened its domain allowing it to recruit employees for ‘public sector undertaking, company, corporation, board, organisation or body substantially owned or controlled by the government.

Former law secretary Mohammad Ashraf Mir explains that an institute with above 50 per cent equity from the government is owned or controlled by it. Besides public sector undertakings, this will cover universities, who will have to refer non-gazetted posts to JKSSB for recruitment, he said.

In successive governments, the PSUs or semi-autonomous bodies were entitled to recruit employees on their own. Universities or corporations would set up their panel or hire an agency to carry out recruitment processes. Usually, the boards or companies were headed by the politicians from the ruling party and the successive governments were accused of making surplus appointments, spurring losses.

However, the fresh amendment has made it mandatory for them to recruit people through the JKSSB, leaving the elected government with little power in the recruitment process. In the J&K Bank Limited, for example, the successive governments including the previous Peoples Democratic Party and Bharatiya Janata Party coalition government were accused by the former Governor Satya Pal Malik of making backdoor appointments.

The amendment comes on the day when National Conference (NC) Vice President Omar Abdullah, who is also the incoming Chief Minister, staked their claim and handed letters of support to the Lieutenant Governor. The NC along with Congress and independents together constitute above 50 members, more than the required 46 seats in the 90-member J&K legislative assembly.

Many argue the move will have political ramifications for the incoming government as the NC’s manifesto promised one lakh jobs by filling up all vacancies in government departments within 180 days of coming to power.

Unemployment is one of the key challenges for the government with the Centre For Monitoring Indian Economy data showing J&K has the highest unemployment rate in India at 23.1 percent in April 2023. The government job is considered in the region as an achievement with the government burdened with salaries of 4.5 lakh employees.

Communist Party India (M) leader and newly elected legislator MY Tarigami who is the alliance partner of the incoming Omar-led government sees the move as a ‘desperation in the face of their impressive performance in the elections, saying it undermines the legislature.

Questioning the ‘timing’ of the amendment, he said that it should have been carried out in the last five years when the centre ruled J&K through its LG, demanding its withdrawal.

They are sending the wrong message now. It is desperation and shows the panic the mandate has triggered, says Tarigami, who is on a winning streak for the fourth time from Kulgam.

“We have an assembly and it is the domain of the elected government now. Or if these orders are necessary, they could do them in consultation with the elected government. It poses a big question mark and the LG and the administration should avoid it and correct it.”