SHILLONG: The High Court of Meghalaya on Friday said that the State Government can allow joining or rejoining of the candidates selected in the selection process for various posts in the Prisons Department.
But the Court made it clear to each of the appointee that their appointments and joining will remain subject to the final decision of the appeals and the joining by itself will not confer any additional right.
The order of the Division Bench on Friday was following an appeal moved by the State Government against the order of the singe bench of the High Court of Meghalaya.
Earlier, the Single Bench had questioned the violation of the reservation policy in the recruitment of personnel in the Prisons Department.
After hearing four petitions filed by deserving job applicants from the general category for denial of various posts in the Prisons Department, the Single Bench of the court headed by Judge SR Sen in its order in July said the state reservation policy should be strictly adhered to and the state cannot divert the seats or posts from one category to another.
The Division Bench during the hearing on Friday once observed that as far as the requirement of revisiting the reservation policy is concerned, prima facie, the reservation policy as made at the time of formation of the State of Meghalaya in the year 1972 as regards percentage of reservation, needs to be revisited by the Government of Meghalaya with reference to all the relevant parameters and factors.
“However, the question is that until such revisiting, whether all the selection processes in the State be put on hold or kept in abeyance? The obvious answer is in the negative and we are clearly of the view that even if there is a requirement of revisiting the reservation policy, it cannot result in putting on hold all the selection processes in the State,” the order added.
By saying the order of the Single Bench, the Court said that if the entire process is put on hold and no appointments are made or allowed to be made, it would only prejudice and adversely affect the administration.
“Even while making these observations, we need to put a note of caution that for the purpose of making appointments, it is necessary that the select lists are re-examined”, the Court said.
As far as petitioners, Rajen Balmiki and Bhakta Prallad Das, are concerned, appointment orders were issued, after finding that they were standing in the merit of SC category.
