HYC called for rectification of Job Reservation Roster System

Syllad | The Rising MeghalayaMarch 21, 2023

The Hynniewtrep Youth Council (HYC) Central Body asked Meghalaya Govt for immediate rectification of the Office Memorandum relating to the Maintenance of Reservation Roster System in State of Meghalaya.

In a letter to Meghalaya Law Minister Dr. Ampareen M. Lyngdoh, the HYC in pursuance to the Judgment of the Hon’ble High Court of Meghalaya dated 5th April, 2022 in W.P. (C) No.394/2021, Zanera R. Marak vs State of Meghalaya and the Judgement of the High Court of Meghalaya dated 20th April, 2022 in the In Re sou motu preparation of Roster regarding implementation of the State Reservation Policy, the Government of Meghalaya had notified the guidelines for the same vide the Office Memorandum dated 10th May, 2022.

As per the Resolution No. PER.222/71/138, Dated Shillong, the 12th January, 1972 which provides for the Reservation Policy in the State, it is clearly stated in Paragraph 2 that “If sufficient number of suitable candidates for filling up the reserved vacancies is not available from the respective classes in any particular year, then such vacancies will be available to others. But the deficiency in the number of Scheduled Tribes and Scheduled Castes will be carried forward to the next recruitment year and made good in the recruitment of that year, provided that the reservation on account of the deficiency shall not be carried forward for more than one year. After the expiry of the second year, these reservations shall be treated as lapsed. It has also been decided that at no time shall the number of normal reserved vacancies and the carry forward vacancies together exceed 90 per cent of the total number of vacancies in that year”

Notably, the High Court of Meghalaya vide Order dated 11.05.2022 in PIL No. 5/2022 (In Re sou motu preparation of roster regarding implementation of the State Resrvation Policy Vs State of Meghalaya) has clearly stated that “Since the roster system is now in place, and without going into the merits thereof, the sou motu proceedings are dropped”.

Further, the Hon’ble High Court has clearly stated that “The validity of the roster system has not been gone into”. Hence, it may not be misconstrued that the Hon’ble High Court has accepted the validity of the Roster System as per the Office Memorandum dated 10th May, 2022

The letter pointed the guidelines for the preparation of Reservation Roster as per the Office Memorandum dated 10th May, 2022 is contradictory to the Resolution dated 12th January, 1972. The Guidelines as per the Office Memorandum dated 10th May, 2022 provides that the Roster shall be prepared since the time the Reservation Policy came into effect i.e. from the year 1972. However, the Resolution stated above, clearly specify in Paragraph 2 that after the expiry of the second year, these reservations shall be treated as lapsed in case of non-filling of reserved category posts in any recruitment year.

It is also a settled law that any Notification in order to have retrospective effect has to be authorised by a statute and in our opinion the Office Memorandum dated 10th May, 2022 has no statute which authorised to prepare the Reservation Roster to be effective retrospectively. Hence, it is illegal and the Government must rectify it at the earliest.

The HYC said “We have seen in various advertisements in Government Offices, certain reserved categories has got more seats than the others because of this faulty and illegal Office Memorandum.”

This may lead to deprivation of job to the deserving candidates and also leads to unnecessary litigations, the letter asserted.