The Hynñiewtrep Youth Council (HYC) today asked the expert committee on job reservation policy to wait for the Supreme Court’s verdict on a similar matter before giving its recommendations for review of the State reservation policy.
In its suggestions to the expert committee today, the HYC said that the constitutional validity and the legality of sub-classification of Scheduled Tribes (STs) and Scheduled Castes (SCs) for the purpose of reservations is pending before the Supreme Court in the case of State of Punjab vs Davinder Singh.
According to the HYC, the seven-judge bench of the Supreme Court has already heard the matter at length and now has reserved its judgment.
The organisation is of the opinion that the expert committee should wait for the judgment of the Supreme Court before giving their views and suggestions with regard to the reviewing of the State reservation policy.
The HYC stated that the Meghalaya State Reservation Policy, 1972 has sub-classified the ST communities of the State into three categories, Khasi-Jaintia category, Garo category and Other STs category.
It opined that if the Supreme Court held that sub-classification of STs and SCs is constitutionally and legally valid, then based on the ratio of population the reservation for Khasi-Jaintia community should be 50 per cent, the Garo category should be retained at 40 per cent and Other STs category be given 3 per cent reservation.
Further, it said that if sub-classification of STs and SCs is constitutionally invalid and illegal as per the opinion of the Supreme Court in the State of Punjab vs Davinder Singh case, then 93 per cent combined reservation should be given to the STs of the State, 2 per cent to the SCs and 5 per cent be left as unreserved category.
Meanwhile, for the district level posts, the HYC was of the opinion that the combined reservation for STs needs to be retained.
“The reservation should be increased to 93 per cent for the STs of the State in a particular district, 2 per cent to the SCs and 5 per cent to the unreserved category,” it suggested.
The HYC pointed out that the Meghalaya State Reservation Policy has clubbed together STs and SCs under one category i.e. other STs and SCs are clubbed together for 5 per cent reservation.
“We are of the opinion that this is highly illegal and we suggest that this should be done away with and reservation for other STs and SCs of the State should be categorise as 3 per cent to other STs and 2 per cent to the SCs instead of a combined 5 percent reservation,” it added.
The HYC also suggested that the provision in the policy which provides for ‘carry-forward’ to the subsequent recruitment years on the account that any of the reserved category could not be filled up during the process of recruitment should be done away with and the unfilled posts should be filled up by other reserved category based on merit.
It also wants the provision in the policy which provides for special recruitment only for selection of candidates from under-represented groups should be abolished.
The HYC was also of the opinion that there is a need for providing reservation to the posts of casual workers, contractual and non-permanent employees working in government institutions and undertakings if the duration of employment is more than 30 days and if there is a chance of renewing or extending the period of employment.
Stating that the present reservation policy does not provide reservation in scientific services and posts, the HYC said that the meaning of scientific services and posts has not been defined in the policy.
“Hence, we are of the opinion that the meaning of scientific services and posts has to be properly defined and also there is a need to categorise the jobs/services/posts which can be categorised under scientific services and posts,” it said.
The HYC also stated that there is a need to incorporate the provision that reservations should be provided only to the permanent residents of the State.
It also mentioned that the present reservation policy is simply a government resolution and therefore the new job reservation policy and other reservation policies should be in the form of a law passed by the State Legislative Assembly.
‘Education reservation should be separate’
The HYC today suggested to the expert committee on the State reservation policy not to implement the policy for reservation in admissions into the educational institutions and for pursuing higher studies outside the State in a government quota.
“We are of the opinion that the State government should enact a separate legislation for the purpose of reservation in admissions in the educational institutions and for pursuing higher studies outside the State in a government quota. If the government legislates a separate legislation for this purpose, then we are of the opinion that 93 per cent combined reservation for STs, 2 per cent for SCs and 5 per cent for unreserved should be followed,” the HYC said.
It also suggested the State government to legislate a separate legislation for the purpose of reservation for teaching posts for fully government institutions and government aided educational institutions in the State.
According to the HYC, if the government legislates a separate legislation for the purpose of reservation for teaching cadres, 93 per cent combined reservation for STs, 2 per cent for SCs and 5 per cent for unreserved should be followed.
