KARGIL, JUNE 10, 2021: After two years of struggle and public pressure, the Labour and Employment Department Union Territory of Ladakh on 7 June 2021 came up with a “notification” for “Employment (Subordinate) Service Recruitment Rule, 2021”. The said rule reserved the appointment of services for “residents” of Ladakh.

The announcement of the “rule” triggered public reactions on social media sites. Taking concern on public reactions, Voice of Ladakh correspondent assembled reactions from public representatives, i.e. Chief Executive Councillor LAHDC Kargil Feroz Ahmad Khan and opposition leader and former MLA Asgar Ali Karbalai. However, the Apex Body and Aam Aadmi Party from Leh also expressed resentment over the rules in separate press conferences.

Speaking to VoL correspondent Karbalai, said, “The Union Territory of Ladakh took two years to form a recruitment rule which is also limited to orderly, driver and up to junior assistant. Posts beyond that are not mentioned in Schedule-I and Schedule-II. The current initial subordinate service rule says that those who apply for recruitment must be Ladakhi residents. But the phrase Ladakhi resident is not defined, neither in this rule nor in any other notification as the J&K UT has defined in domicile law”.

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“So, anyone staying in Ladakh can claim to be a Ladakhi. After August 2019, the State Subject Act has been abolished, and accordingly, the State Subject (certificate) is also null and void. Thus, we have no legal or constitutional document, gazette, notification or rule to prove the identity of a Ladakhi”, Karbalai maintained.

“Thus, as per this rule, anyone can be eligible for recruitment as a Ladakhi because the final authority to define the rule is Commissioner Administrative of UT Ladakh. Now, the whole of Ladakh is at the mercy of the Administrative Secretary’s definition to declare who a Ladakhi is and who is non-Ladakhi.

“The nine-page rule has so many ambiguities that the educated unemployed youths of Ladakh are not going to benefit from it at all. Because Schedule-I and Schedule-II clearly define that head assistant and above posts are purely on a promotion basis and there is no scope for recruitment.

“Thus, Class 6B, 5th, and 4th that include junior assistant, driver, and orderly are left for locals. As per LAHDC Act even account assistants, patwari, and teachers were used to recruit at the District level which is now abolished with this rule. The new rule that came two years late is incomplete. Now, tell me how much of our Ladakhi youth would go for these low-level jobs”, asked Karbalai.

“What about the well-qualified youth. This rule has added to their anxiety that only low-level jobs have left for them. Schedule-II clearly mentions that Senior Assistant and above shall be filled on a deputation basis that would recruit nonlocals. So, only Class IV is reserved for Ladakhis in this rule which is not a matter of pride or celebration”.

Cec Feroz Ahmad Khan reflecting on the new recruitment rules said, “the recent rule issued by the UT Ladakh is that for Labour and Employment Department. It is clearly mentioned that this is not for General Administrative Department and doesn’t apply to all departments. The rule is almost okay, but the primary question is the reservation for Ladakhis. The word Ladakhi (resident) is yet to be defined. What would define the Ladakhi (resident), a domicile law like J&K, a new rule, or the pre-bifurcation Permanent Residence Certificate is considered valid.

“At first there is a need to define the word Ladakhi which is to be defined by the Ministry of Home. We welcome the rule but we urge the administration to define the phrase Ladakhi (resident) as early as possible. This rule already existed here on the basis of which LAHDC used to recruit against the district-level vacancies. There are only a few minor modifications made to the current rule. The need of the hour is a domicile law to define the word Ladakhi.

“You are already aware that in the past two years after bifurcation all recruitments are halted. In the erstwhile J&K State, our youth had carrier opportunities beyond district level posts like JKSSB, PSC, JK Bank, etc. But after UT our youth are not eligible for these vacancies in J&K. Thus, we demand not to remain confined to recruitment rule but also bring a domicile law and start the recruitment process as soon as possible. There must provide an age relaxation also when the recruitment exercise starts because there is already a delay in the recruitment process.

“For Gazetted posts we demand to keep service selection board common with J&K until a separate Service Selection Board for Ladakh is formed. Because the Gazetted posts will be filled by the Public Service Commission. Thus, we demand to form a separate PSC for Ladakh.

Pertinent to mention that the President Ladakh Buddhist Association (LBA) and former Member Parliament from Ladakh Thupstan Chewang in a press conference welcomed the new recruitment rules saying that the youth were suffering due to the unavailability of recruitment rules. He expressed concern over the non-availability of any proof of resident which would be necessary for taking part in the recruitment process. He urged the UT Administration to provide a residential certificate to the residents of Ladakh so that the recruitment processes could commence.

The Aam Aadmi Party, UT Ladakh in a press conference also said that the new recruitment rules need more clarification. “The subordinate recruitment rules for Ladakh have mentioned in section 2(K) that those who satisfy the criteria of Ladakhi residents are eligible for jobs. However, who is a Ladakhi resident is not defined. At the time of the election, domicile certificates were issued to even non-locals declaring them as Ladakhi. I fear that this again could be used to include non-locals as Ladakhi. Thus, we appeal to the administration to issue resident certificates to locals on the pattern of permanent resident certificates. There are no rules, made regarding recruitment against Gazetted officers’ vacancies. This is requested to the LG and Ladakh administration to refer the JKPSC for recruitment against Gazatted vacant posts in Ladakh.