SHILLONG: The State Cabinet may discuss the recent order of the single bench of the High Court of Meghalaya on the alleged anomalies in the reservation policy.
Sources said after the July 19 order, officials concerned had apprised Chief Minister Mukul Sangma of the portion of the order that suggests the need to revisit the state reservation policy.
An official source said it is up to the cabinet to review the reservation policy.
Last Wednesday, after hearing four petitions filed by deserving job applicants from the general category for various posts in the Prisons Department, the single bench of the court headed by Judge SR Sen said the state reservation policy should be strictly adhered to and the Government cannot divert the seats or posts from one category to another.
Currently, 40 per cent of jobs are reserved for Khasi and Jaintia, 40 per cent for Garo, 5 per cent for other backward classes and 15 percent for the general category.
Following the court order, the state government is seeking the opinion of Advocate General on whether the jobs from one category can be allotted to other categories.
A legal expert said as per the current norm, candidates irrespective of castes and
tribes can compete in the open category (general category) and they are appointed based on merit.
The High Court had reminded the government that the Constitution of India does not desire more than 50 per cent reservation and a nationalistic view should be taken so that no one is deprived of his or her rights.As per the requirement of the court order, the chief secretary had sent the judgment to the office of the Prime Minister and dignitaries concerned in Delhi and the State. Referring to the recruitment in the Prisons Department, the judge had said, “It appears to me that all the posts are filled up by SC/STs and other backward classes and none of the general candidates found their place in the open category results, which is unwanted as it clearly shows that the reservation followed is cent percent.”The court wanted to know whether the children of those who are economically sound and whose parents are holding higher posts, are entitled for further reservation. “That I leave it to the State Government and the Central Government to consider and this question remains open,” the judge had said, further adding that while revisiting the reservation policy “the government should keep in mind that the Constitution of India does not desire more than 50 percent reservation and a nationalistic view should be taken so that no class or citizen is deprived of his/her rights guaranteed by the Constitution of India.”
