No decision taken for cut-off date in respect of Roster System: High Court

Syllad | The Rising MeghalayaApril 3, 2023

The Division Bench of the High Court of Meghalaya observed no 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.

The observation was made in matter of the PIL No. 2/2023 filed by Greneth M Sangma versus State of Meghalaya and other.

However, 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, according to court ruling

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.

Accordingly, PIL No. 2 of 2023 is 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 court ruling said, “This petition, apparently filed in public interest, appears to be an attempt to muddy the already disturbed waters.”

It was discovered in the year 2022, quite accidentally 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, the Court said.

The ruling said 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.