Diphu: A delegation of Karbi Students’ Association (KSA), Anusuchit Jati Yuba Chatra Parishad, Asom (AJYCP) and Dimasa Students’ Union (DSU) met the Union Minister of Social Justice and Empowerment, Dr Virendra Kumar, at New Delhi on Wednesday regarding the issue of the government policy of reservation in promotions for Scheduled Castes and Scheduled Tribes (SC/ST).
The delegation submitted a memorandum against the Assam government’s policy (OM No.ABP.81 /2022/58 dated 18-01-2023 of personal (B) Department Government of Assam) regarding reservation in promotion for SC/ST with Consequential Seniority in Group A services under the state.
The delegation’s memorandum quoted a section of the state government’s Official Memorandum (OM). It stated, “The Government of Assam has withdrawn the provision of the consequential seniority in services of Group A posts for SC & ST incumbent. As per the circular, it is said that this OM is prepared and implemented on the basis of the honorable high court Judgment & orders against case no. WP(C)/5005/2016 dated 06/06/2022. “IX. Article 16 (4A) and 16 (4B) being enabling provisions, the state is at liberty to implement its policy of giving reservation in promotion with consequential seniority, at liberty to provide for reservation in promotion without consequential seniority or at liberty not to provide any reservation in promotion. However, while implementing/ adopting/changing such policy, due process of law needs to be followed including dicta in M. Nagraj (supra) clarified in Jarnail Singh (supra).”
The delegation complained that while executing the OM, the state government only followed the first part and not the part of the order which stated, “However, while implementing/ adopting/changing such policy, due process of law need to be followed including dicta in M. Nagraj (supra) clarified in Jarnail Singh (supra).”
According to the delegation, the Constitution of India allowed promotion by reservation only to equalise the underprivileged and privileged classes by enabling acceleration of progress for the former. As per the Assam Scheduled Castes Scheduled Tribes Act, 1978, which is followed till today, in terms of rules 22 & 24, which is understood as inter-se-seniority stands with the joining day of each cadre post not the appointment date at entry level.
Further, the delegation’s memorandum stated that by re-introducing the Catch Up Rule for scheduled castes and tribes while denying consequential seniority to the SC/ST incumbent, as stated in the OM, the Assam government violated the Indian Constitution. As per the Constitution of India, the present Catch Up Rule is no longer in vogue, the memorandum added.
In 2001, the Indian Parliament negated the Catch Up Rule. In the 85th Amendment, Parliament amended Article 16 (4A) and introduced the principle of Consequential Seniority to promoted SC/ST candidates. Various courts upheld this amendment, the memorandum stated.
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The memorandum highlighted that the Article 16(4A) states, “Nothing in this article shall prevent the State from making any provision for reservation in the matter of promotion, with consequential seniority, to any class or classes of posts in the services under the state in favour of the Schedule Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the state”.
Earlier, the delegation also met the chairman of the National Commission for Schedule Castes Vijay Sampla and the chairman of the National Commission for Schedule Tribes.
The delegation comprised KSA president Thangsing Timung, KSA publicity secretary Sotrosing Tisso, AJYCP president Rubul Das and general secretary Jitu Kakati.
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