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HYC asks expert panel to await SC judgment

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By Our Reporter

SHILLONG, June 14: The Hynniewtrep Youth Council (HYC) on Friday suggested that the Expert Committee should wait for the judgment of the Supreme Court in the case of State of Punjab Versus Davinder Singh before giving its views and suggestions on the Meghalaya State Reservation Policy, 1972.
The HYC pointed out that the constitutional validity and the legality of sub-classification of STs and SCs for the purpose of reservations is pending before the apex court.
Further, it pointed out that the state reservation policy has sub-classified the ST communities into Khasi-Jaintia, Garo and other ST categories.
“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 Supreme Court in the case of State of Punjab Versus Davinder Singh,” stated HYC president Roy Kupar Synrem.
Pointing out that the 7-judge bench of the Supreme Court has already heard the matter at length and reserved its judgment, Synrem said, “Hence, we are 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 State Reservation Policy.”
He, however, stated, “We are of the opinion that if the Supreme Court holds 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,” he added.
He further stated, “At the district-level posts, we are of the opinion that the combined reservation for STs needs to be retained. The reservation should be increased to 93% for the STs of the state in a particular district, 2% to the SCs and 5% to unreserved category”.
According to him, the present policy does not provide reservation in scientific services and posts but 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,” he stated.
He stated 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 categories based on merit.
Stating that the reservation in posts and services under ‘Public Undertakings and Government Aided Institutions’ needs to be retained, the HYC stated the term ‘Government Aided Institutions’, which has not been defined in the policy, needs to be properly defined.
“If schools like SSA, ad hoc 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,” Synrem said.
“We are of the opinion that the state government should bring 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 legislates 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,” he added.
The HYC said the present job reservation policy should not be implemented or extended for reservation in admissions into educational institutions and for pursuing higher studies outside the state in a government quota and a separate legislation should be enacted towards this end.
The HYC also said that there is a need to incorporate the provision that reservations should be provided only to the permanent residents of the state.

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