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Population ratio can’t be sole criteria for reservation, must align with constitutional criteria: Expert committee on JRP 1972

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SHILLONG, Feb 18: The Government of Meghalaya on Wednesday tabled the report of the Expert Committee on the State Reservation Policy in the Assembly, recommending retention of the existing 1972 Job Reservation Policy (JRP) framework while proposing several administrative and policy refinements to improve implementation and equity.

The committee, constituted in September 2023, was mandated to review the functioning of the five-decade-old policy, consult stakeholders across Meghalaya, and suggest modifications where necessary. The panel conducted extensive consultations with tribal bodies, civil society organisations, employee associations, academics and student groups before finalising its recommendations.

The committee reaffirmed that reservation should not be based solely on population proportion but must continue to rest on constitutional criteria such as social and educational backwardness, historical disadvantage and adequacy of representation in public services. It also clarified that religion cannot be used as a criterion for reservation.

On the basis of reservation: The Committee has reaffirmed that reservation should not be determined solely on the basis of population proportions of any tribe or caste. It has emphasized that the primary constitutional considerations remain:
* Social and educational backwardness,
* Historical disadvantage or injustice, and
* Adequacy of representation in public services.
This position aligns with established constitutional principles and judicial precedents.

On the basis of ‘Religion as a Criterion’ : The Committee has categorically clarified that reservation cannot be based on religion. The Constitution provides for affirmative action based on socio-economic backwardness and under-representation, and not on religious affiliation.

Extension to Educational Institutions: the Committee recommends that while noting that extension of reservation to educational institutions was outside its formal mandate, the Committee has observed that the State Government may independently examine the issue, if deemed necessary, in accordance with constitutional provisions.

Improvement of Educational Standards : With particular reference to Garo districts, the Committee has recommended that the State Government consider targeted interventions to enhance educational standards in these areas to promote long-term socio-economic development and improve competitiveness in public employment.

Economically Weaker Sections (EWS)
The Committee has not recommended extending EWS benefits to SC, ST, and OBC categories, observing that EWS constitutes a separate constitutional category distinct from the existing reserved groups.

Carry Forward System

The Committee has supported the continuation of the “carry forward” provision under the 1972 Resolution. It has further recommended extending the carry forward period from one year to three years, noting that such extension has received judicial recognition and may help address backlog vacancies more effectively.

Quota within Quota (Sub-Classification)

In light of the judgment of the Supreme Court in State of Punjab vs. Davinder Singh, the Committee has observed that sub-classification within reserved categories is legally permissible subject to collection of detailed, quantifiable data. It has recommended that the State Government take a considered decision on this matter after undertaking a comprehensive data-driven exercise.

Creamy Layer Concept

The Committee has recommended that the State Government examine the introduction of the “creamy layer” principle, where constitutionally applicable, to ensure that the benefits of reservation reach the most disadvantaged sections within reserved categories.

Reservation for Persons with Disabilities

The Committee has observed that adequate statutory provisions already exist under the Rights of Persons with Disabilities Act, 2016 and the relevant Office Memorandums issued by the Government of Meghalaya. Accordingly, it has not proposed additional measures in this regard.

Preference for Local Tribes in District Jobs

With respect to providing preference to residents of local districts in district-level Class C and D posts, the Committee has opined that such a measure is not administratively feasible in view of rural-urban migration patterns and demographic mobility. It has noted that the existing framework sufficiently addresses representation concerns.

Status of the 1972 Resolution

The Committee has recognized the Resolution dated 12.01.1972 as a valid and operative reservation policy that has been consistently implemented for more than 50 years.

Strict Implementation of Reservation Roster

The Committee has strongly emphasized the need for strict and transparent implementation of the reservation roster system to ensure fairness, compliance, and accountability in recruitment processes.

Retention of the 1972 Policy

After examining all representations and stakeholder views, the Committee has recommended retaining the 1972 Reservation Policy in its present form. It has recorded that a majority of stakeholders supported continuation of the existing framework and that no compelling grounds presently exist for fundamental alteration.

The report supported continuation of the existing “carry forward” provision for backlog vacancies and recommended extending the carry-forward period from one year to three years to improve the filling of reserved posts.

On sub-classification within reserved categories, the committee noted that “quota within quota” is legally permissible, subject to collection of quantifiable data and advised the government to take any decision only after undertaking a comprehensive data-driven exercise.

Among the principal recommendations, the committee urged strict and transparent implementation of the reservation roster system to ensure fairness and accountability in recruitment. It also recommended that the government examine the introduction of the “creamy layer” principle, where constitutionally applicable, to ensure benefits reach the most disadvantaged sections within reserved categories.

The panel further suggested targeted interventions to improve educational standards, particularly in Garo districts, to strengthen long-term socio-economic development and competitiveness in public employment. At the same time, it did not recommend extending Economically Weaker Sections (EWS) benefits to SC, ST and OBC groups, noting that EWS constitutes a separate constitutional category.

After examining stakeholder views, the committee concluded that no compelling grounds presently exist for a fundamental overhaul of the reservation policy and recommended retaining the 1972 framework, alongside data-based and administrative improvements to enhance its effectiveness.

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