Shillong, Feb 18: The expert committee constituted to examine and propose changes to the existing Job Reservation Policy has proposed no radical changes to the 50-year-old system.
The committee report was laid before the Assembly today by the state government.
The committee was constituted in September 2023 with a mandate to review the functioning of the policy, consult stakeholders across Meghalaya and suggest modifications where necessary. The panel consulted tribal bodies, civil society organisations, employee associations, academics and student groups before finalising its recommendations.
Some of the key proposals made to the committee included a relook at the 40-40 split between the Garo and Khasi-Jaintia communities, given that the latter is much bigger than the former. Another was for a reservation for religious minorities within the state.
In its report, the committee stated that reservation should not be based solely on population proportion but must continue to rest on constitutional criteria such as social and educational backwardness, historical disadvantage and adequacy of representation in public services.
It also clarified that religion cannot be used as a criterion for reservation. Although some states have made reservations for Muslim OBCs, the committee noted that this has been challenged in court and is currently sub-judice, so making a recommendation on this would be unwise.
Primary constitutional considerations for reservation are and should remain social and educational backwardness; historical disadvantage or injustice; and adequacy of representation in public services, the report stated.
While noting that extension of the reservation policy to educational institutions was outside its formal mandate, the committee observed that the state government may independently examine the issue, if deemed necessary, in accordance with constitutional provisions.
With particular reference to Garo districts, the committee recommended that the Meghalaya government consider targeted interventions to enhance educational standards in these areas to promote long-term socio-economic development and improve competitiveness in public employment.
On reservations for economically weaker sections (EWS), the committee did not recommend extending EWS benefits to SC, ST and OBC categories, observing that EWS constitutes a separate constitutional category distinct from the existing reserved groups. However, it did suggest that the government examine the introduction of the “creamy layer” principle, where constitutionally applicable, to ensure that the benefits of reservation reach the most disadvantaged sections within reserved categories.
On the matter of a sub-classification within the quotas, the committee noted that, in light of the judgment of the Supreme Court in State of Punjab vs Davinder Singh, sub-classification within reserved categories is legally permissible subject to collection of detailed, quantifiable data. It has recommended that the State Government take a considered decision on this matter after undertaking a comprehensive data-driven exercise.
The committee also supported the continuation of the “carry forward” provision under the 1972 policy. In fact, it went one step further and recommended extending the carry forward period from one year to three years, noting that such extension has received judicial recognition and may help address backlog vacancies more effectively.
On reservation for persons with disabilities, the committee observed that adequate statutory provisions already exist under the Rights of Persons with Disabilities Act 2016 and the relevant office memorandums issued by the state government. It therefore did not propose additional measures in this regard.
With respect to providing preference to residents of local districts in district-level Class C and D posts, the committee has opined that such a measure is not administratively feasible in view of rural-urban migration patterns and demographic mobility. It opined that the existing framework sufficiently addresses representation concerns.
On the issue of the roster system, the committee strongly emphasised the need for strict and transparent implementation of the reservation roster to ensure fairness, compliance and accountability in recruitment processes.
