SHILLONG, April 3: The division bench of the High Court of Meghalaya on Monday observed that the cut-off retrospective date for implementation of the roster reservation system in Meghalaya was a policy matter that are best left to the Legislature and the Executive.
The Court made the observation while dismissing a PIL without going into the merits of the matter pertaining to the roster system for reserved seats in the state. The PIL was filed by one Greneth M. Sangma, vice president of A•chik Conscious Holistically Integrated Krima (ACHIK).
The Court said that this petition, apparently filed in public interest, appears to be “an attempt to muddy the already disturbed waters”.
The Court said that it was discovered in the year 2022, quite accidently in course of a service matter before a Division Bench of this Court, that though the reservation policy had been in place in this state since its inception in January, 1972, there was no roster that had been prepared and accordingly, this Court took suo motu cognisance of such irregularity and required all appointments to be stayed till a roster was prepared.
Certain ancillary directions were also issued. A roster was prepared. The Court noticed that a roster had been prepared and the matter was given a quietus without going into the veracity of the roster that was prepared and upon prima facie satisfaction that the roster adhered to the extent of reservation of about 85 per cent that is in vogue in the state.
“Judicial notice needs to be taken of the discussions pertaining to the roster in the new Assembly,” the Court said while adding that, however, it does not appear that any decision has yet been taken as to a cut-off date or the like or how far back the roster system would be made applicable.
“These are policy matters that are best left to the Legislature and the Executive and upon a firm stand being taken, it will be open to any citizen affected thereby to question the propriety thereof in accordance with law,” the Court said.
As per the order, as of now, and without a decision in such regard having been taken by the Assembly which is actively discussing the matter, the present petition should not be entertained and accordingly, the PIL was dismissed without going into the merits of the matter pertaining to the roster system for reserved seats in the state.
“The Court may be called upon to look into the matter at a more appropriate stage,” the order said.
