HYC has written to Law Minister in the implementation of the Roster system in the state

Shillong, March 21: The organisation Hynniewtrep Youth Council (HYC) today has written to the Law Minister government of Meghalaya Dr. Ampareen Lyngdoh on the matters relating to Maintenance of Reservation Roster.

In the letter the HYC pointed out that, in pursuance to the Judgment of the  High Court of Meghalaya dated 5th April, 2022 in W.P. (C) No.394/2021, Zanera R. Marak vs State of Meghalaya.

On 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.

That, at Point D (1) of the above-mentioned Office Memorandum, it is stated that “In order to prepare the Reservation Roster, names of all the candidates holding the post as on the date of notification of this O.M., starting with the earliest appointee, since the time the Reservation Policy came into effect, subject to information being available, shall be filled up in the Reservation Roster against the point in the Roster.

That, 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 “f 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.

It may be mentioned herein that 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 High Court has clearly stated that “The validity of the roster system has notbeen gone into”. Hence, it may not be misconstrued that the  High Court has accepted the validity of the Roster System as per the Office Memorandum dated 10th May, 2022 4.

The HYC mention in their our opinion, 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 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.

The 5. That, it is also a settled law that any Notification in order to have retrospective effect has to be authorised by a statute and in the opinion of the organisation the Office Memorandum dated 10h 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 have seen in various advertisements in Government Offices. certain reserved categories has got more seats than the others because of this faulty and illegal Ollice Memorandum. This may lead to deprivation of job to the deserving candidates and also leads to unnecessary litigation.

Hence, the Office Memorandum needs to be rectified immediately. Based on the above facts and circumstances, we would like to Office urge you to take necessary steps for rectification of the Office Memorandum dated 10th May, 2022 on the matter relating to the Maintenance of Reservation Roster, the letter was sign byn the President Mr. Robertjune K Jahrin and Mr. Roy Kupar Synrem General Secretary Hynniewtrep Youths’ Council Central Executive Council.

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