Assam: Youth Groups Raise Concerns About SC/ST Reservations to Centre

Guwahati: A delegation consisting of members from the Karbi Students' Association (KSA), Anusuchit Jati Yuba Chatra Parishad, Asom (AJYCP), and Dimasa Students' Union (DSU) recently met with Dr. Virendra Kumar, the Union Minister of Social Justice and Empowerment, in New Delhi. The purpose of the meeting was to discuss their concerns regarding the government's policy of reservation in promotions for Scheduled Castes and Scheduled Tribes (SC/ST).

During the meeting, the delegation presented a memorandum opposing the Assam government's policy on a reservation in promotion for SC/ST, as outlined in their Official Memorandum (OM) dated 18-01-2023. The memorandum quoted a section of the state government's OM, which mentioned the withdrawal of the provision of consequential seniority for SC/ST incumbents in Group A services. The delegation pointed out that the state government only followed the first part of the order and ignored the requirement to follow due process of law as mentioned in M. Nagraj and Jarnail Singh.

According to the delegation, the Constitution of India stipulates that reservations in promotions are meant to equalise chances for both rich and impoverished groups by promoting the advancement of the former. They cited the 1978 Assam Scheduled Castes Scheduled Tribes Act, which specifies that the joining day of each cadre post—rather than the appointment date at the entry-level—determines inter-se-seniority.

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 It stated, “The Government of Assam has withdrawn the provision of the consequential seniority in services of Group A posts for SC & ST incumbent.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).”

Furthermore, the memorandum claimed that the reintroduction of the Catch-Up Rule for SC/ST candidates without granting consequential seniority violated the Indian Constitution. The Catch-Up Rule, which is no longer in effect, was negated by the Indian Parliament in 2001 through the 85th Amendment. The delegation cited various court decisions upholding the principle of consequential seniority introduced by the amendment to Article 16 (4A).

The memorandum highlighted Article 16(4A) of the Constitution, which allows the state to make provisions for reservation in promotion with consequential seniority for SC/ST candidates if they are inadequately represented in the state services.

Prior to meeting the Union Minister, the delegation also had discussions with the chairman of the National Commission for Schedule Castes and the chairman of the National Commission for Schedule Tribes.

The delegation was comprised of Thangsing Timung, the president of KSA; Sotrosing Tisso, the publicity secretary of KSA; Rubul Das, the president of AJYCP; and Jitu Kakati, the general secretary of AJYCP.

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