Two prominent persons of the state, Advocate Erwin K Syiem Sutnga and retired professor of NEHU, Dr. Philomath Passah have made suggestions in Meghalaya’s job and education reservation system.
The expert committee constituted by the state government to study proposals to alter the five decades-old reservation system has invited suggestions from the public, political parties and other stakeholders.
Sutnga has proposed that the economically challenged citizens of the Khasi-Jaintia and Garo tribes have to be given preference above the creamy layer of tribal society in Meghalaya in line with Indra Sawhney vs. Union of India AIR 1993 SCC 447.
Sutnga said that the majority of the Khasi- Jaintia Tribe and Garo Tribe are historically challenged in economic, education and livelihood opportunities within these tribes also exists a particular demographic layer which remains impoverished and challenged.
He said that it is for this reason that the lot of such has to be considered in any modification of the Reservation Policy of Meghalaya.
Sutnga suggested that there is an urgent need to amend the Constitution (Scheduled Tribes) Order, 1950 relating to Meghalaya to delete all non-indigenous tribes from the said list since in all other states only the indigenous tribes are included in the particular state lists.
According to him this is because reservation of five per cent is made for other Scheduled Tribes/Scheduled Castes which should be limited to Scheduled Tribes like the Biate who are historically linked to Jaintia Hills even though they are not part of the Khasi- Jaintia Tribe.
“All other non indigenous Scheduled Tribes should be deleted by an amendment of the said list by Parliament on the recommendation of the Government of Meghalaya,” he said.
Sutnga also said that within all reservation quotas clear provisions has to be made as to the percentage of reservation for People With Disabilities (PWD).
Dr. Passah said that the 40:40 ratio shared between the Khasi-Jaintia and Garo in the state reservation policy was unfair and unjustified.
“The policy has been heavily tilted in favour of the Garos at the expense of the Khasi and Jaintias combined together; the former no doubt are less populated than the latter. It must be stated that the policy has been opposed by the Khasis and the Jaintias since the time it was implemented,” the retired NEHU professor said.
According to him the Khasi-Jaintia were told that the policy would be operated for a limited period of time since the Garos are comparatively more backward than the Khasis and the Jaintias.
“However, fifty long years have elapsed but no change has been made so far. The appointment of the Expert Committee has now been most welcomed and it is confidently hoped that the Committee shall certainly recommend for the modification of the Policy by fixing the quota for the two tribes based on the size of the respective populations to meet the ends of justice,” he said.
Dr. Passah said that from 2001, 2011 and 2021 the percentages of their respective population during the three decades may be taken for the purpose of calculation of their respective quota to replace the present ratio of 40:40.
“The averages work out to 37.05 per cent and 50.36 per cent respectively for the Garos and the Khasi-Jaintia. Based on these two averages, the quota for the Garos works out to 29.64 per cent and for the Khasi-Jaintias 50.36 per cent in their combined share of 80 per cent in the State Reservation Policy,” he said.
Dr Passah suggested, “Garos may be given 30 per cent while for the Khasi-Jaintia has to be 50 per cent, keeping in mind the limit fixed by the Supreme Court of 50 percent losing thereby 0.36 per cent. Hence the new rationale of sharing in the revised Reservation Policy of the State of Meghalaya should be 30:50 for Garos and the Khasis-Jaintias,” Dr. Passah said.
