HYC makes submissions to expert committee on SRP

Shillong, June 14: The Hynniewtrep Youths’ Council (HYC) has made the following submission to the Expert Committee on State Reservation Policy (SRP):

1. The Meghalaya State Reservation Policy, 1972 has sub-classified the Scheduled Tribes Communities of the State into 3 categories i.e. Khasi-Jaintia Category, Garo Category and other Scheduled Tribes category. We would like to bring into your kind information that the Constitutional validity and the legality of sub-classification of Scheduled Tribes and Scheduled Castes for the purpose of reservations is pending before the Hon’ble Supreme Court in the case of State of Punjab vs Davinder Singh. The 7-Judges Bench of the Hon’ble Supreme Court has already heard the matter at length and now has reserved its Judgment. Hence, we are of the opinion that Expert Committee should wait for the Judgment of the Hon’ble Supreme Court before giving their views and suggestions with regard to the State Reservation Policy.

We are of the opinion that if the Hon’ble Supreme Court held that sub-classification of STs/SCs is Constitutionally and legally valid, then based on the ratio of population of Khasi-Jaintia community, the reservation should be 50%, the Garo category should be retained at 40% and other STs category be given 3% reservation. If sub-classification of STs/SCs is constitutionally invalid and illegal as per the opinion of the Hon’ble Supreme Court in the afore-stated case, then we are of the opinion that 93% combined reservation should be given to the STs of the State, 2% to the SCs and 5% be left as unreserved category.

2. At the District level posts we are of the opinion that the combined reservation for STs needs to be retained. The reservation should be increase to 93% for the STs of the State in a particular District, 2% to the SCs and 5% to unreserved category.

3. 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% reservation. We are of the opinion that this is highly illegal and we suggest that this should be done away with and that reservation for other STs and SCs of the state should be categorise as 3% to other STs and 2% to the SCs instead of a combined 5% reservation.

4. We are 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.

5. The present Reservation policy does not provide reservation in Scientific services and posts. However, 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 categories the jobs/services/posts which can be categories under Scientific services and posts.

6. 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. For example if reserved Category-A cannot be filled up during the recruitment process of a particular year, then whatever percentage left over from Category-A should be filled up by the candidates from the reserved Category B or C based on merit and the same should not be adjusted in the next recruitment process.

7. The provision in the Policy which provides for special recruitment only for selection of candidates from under-represented groups should be done away with.

8. The Reservation in posts and services under ‘Public Undertakings and Government Aided Institutions’ needs to be retained. The word “Government Aided Institutions” which has not been defined in the Policy need to be properly defined. If Schools like SSA, ADHOC and Deficit are included as Government aided institutions, we are of the opinion that 93% combined reservation for STs, 2% for SCs and 5% for unreserved category should be followed for recruitment purposes.

9. We are of the opinion that the State Government should legislates a separate legislation for the purpose of reservation for Teachers’ cadre for fully government institutions and Government aided educational institutions in the State. If the government legislate a separate legislation for the purpose of reservation for Teachers’ cadre, we are of the opinion that 93% combined reservation for STs, 2% for SCs and 5% for unreserved should be followed.

10. We are of the opinion that the present Job Reservation Policy should not be implemented or extended for reservation in admissions into the educational institutions and for pursuing higher studies outside the State in a Government quota. Further, 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 legislate a separate legislation for this purpose, then we are of the opinion that 93% combined reservation for STs, 2% for SCs and 5% for unreserved should be followed.

11. There is a need to incorporate the provision that reservations should be provided only to the permanent residents of the State.

12. 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 an Act passed by the Legislative Assembly of the State.