By our Staff Reporter
GUWAHATI, July 17: The tribal organizations of Assam has extended their support to the post based reservation policy likely to be tabled in the monsoon session of the Assam Assembly.
In a press meet held here today, Aditya Khakhlari, the general secretary of the All Assam Tribal Sangha showed their support for the introduction of the post-based reservation policy as against the existing vacancy based reservation.
Speaking to mediapersons today, Khakhlari said that the vacancy based rosters were prescribed by the Government of India to implement its policy regarding the reservation of jobs for the SCs, STs and OBCs. However, the constitution bench of the Supreme Court in the case of RK Subhurwal versus State of Punjab as well as JC Mallick versus Ministry of Railways has held that the reservation of jobs for the backward classes SC, ST and OBC should apply to posts and not to vacancies. The Supreme Court further held that the vacancy based rosters can operate only till such time as the representation of persons belonging to the reserved categories in a cadre, reaches the prescribed percentages of reservation.
Expressing support to the new post based reservation rule, as against the existing vacancy based reservation Act, the Sangha said that after the implementation of the new policy, the SC, ST candidates shall not be deprived of their rights as the post released by reserved category caused due to retirement or promotion shall be filled by the respective reserved category candidates only.
Also, the reserved category candidate will get double benefit by way of reservation and by way of merit cum seniority in direct recruitment and promotion in the post based rule.
He further said that, in the new policy, reserved category candidates will enjoy “consequently seniority” as mentioned in the 85th amendment of the Constitution of India, which entitles the SC, ST candidates consequential seniority on their promotion with effect from June 17, 1995. Since there will be a separate list of seniority in the “Post based” policy, each and every department of the State Government shall be made duty bound to follow the 85th amendment of the Constitution of India if the new “Post Based policy” is implemented.
Khakhlari said that as per the verdict of the Supreme Court, the prescribed percentage shall not exceed at any point. However, the implementation of the rule will enable the State Government to fill up all unfilled backlog vacancies. For initial adoption of this post roster, the existing backlog vacancies in a cadre where the prescribed percentage of reservation for the Scheduled Castes and the Scheduled Tribes has not been achieved as per post roster prepared under this Amendment Act, shall be considered as vacancies released by recruitment, resignation and promotion of the persons belonging to the said reserved categories. The same are to be filed up by direct recruitment or by promotion of eligible persons from the respective categories by special drive so that the prescribed percentage of reservation is maintained.
On the other hand, at the time when the Sangha is extending support to the policy, the All Assam Anusuchit Jati Parishad has announced a 24-hours Assam bandh on July 19 against the introduction of the bill. Expressing concern over the bandh call, the All Assam Tribal Sangha has appealed to the Parishad to withdraw their bandh call and join hands with the tribal bodies so that the bill could be introduced in the ensuing session of the Assam Assembly.
Khakhlari said that since the post based reservation policy is not against the interest of scheduled caste and scheduled tribe people, the body should not create any hindrance to its introduction.