Reservation issues in recruitment of Asst Proff. in Tripura
By:J. Debbarma, Category: General, Posted on:2010-05-01 00:59:15

The Tripura Public Service Commission has published an advertisement for recruitment to the Posts of Assistant Professor in Government (General) Degree Colleges vide T.P.S.C. Advertisement No. 04/2010. Where out of 246 Posts, 172 Posts are reserved for Scheduled Tribes, 71 Posts are reserved for Scheduled Casts & 3 posts for UR (PH-Loco motor) in different disciplines such as Bengali, English, History, Education, Politician science, Physics, Mathematics, Information Technology & Computer Science Engineering etc. contained a total of twenty six subjects for various degree colleges in Tripura..

In the said advertisement of Category wise Reservation column of Para No. -3, it clearly denots that: In case of non availability of required number of Suitable ST/SC candidates the remaining vacancies up to a maximum ceiling of 102 will be filled by suitable General candidates.

Now anyone can question under what circumstances the said point was declared and why the ceilings of 102 posts have been earmarked. The thing is weather the concerned appointing authority adopt de-reservation policy, if so weather the Government followed the The Tripura Scheduled Casts and Scheduled Tribes (Reservation of vacancies in services and posts) Rules, 1992 of under Rule-8(8) & 8(9) properly. It is fact that according to the said rules in the exigencies of public service the appointing authority may follow the de-reservation. On the other hand, how the Tribal Welfare Department are keenly interested to give concurrence for de-reservation rather than taking other suitable methods such as arrangement of special Coaching etc. Why the eligible ST candidates are rarely available in such posts? Another thing is before proceeding in de-reservation policy weather the appointing authority applied the exchange method among the SC & ST and policy of deputation/ transfer to fill up the vacancies pertaining to the said Reservation Rules.
It is also indicated in the advertisement that All the posts are grouped for the purpose of reservation and shall not be segregated subject/discipline wise for identification of a particular post for a particular category against any subject. All the Departments are following the Roster subject/discipline wise as per necessity. Then why the Roster is not maintained discipline/subject wise rather clubbed together in Education (Higher) Department. As such there is an enormous possibility in deprivation of reserved category.

It is to note here that the Supreme Court ruled any deservation of SC/ST seats even if the post for SC/ST lay vacant. The ruling came in a case relating to appointment of district judges in the Delhi Judicial Services advertisement on May 19, 2007, for 20 posts of district judges of which 13 were for general category, SC-3 and ST-4 seats. Later all 13 general posts were filled up, but two posts reserved for SCs and four posts meant for STs could not be filled up due to non-availability of suitable candidates. .

A Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan rejected the petitions, saying it would be patently illegal to appoint persons in excess of the notified vacancies. "Any appointment made beyond the number of vacancies advertised is without jurisdiction, being violative of Articles 14 and 16(1) of the Constitution, thus a nullity, inexecutable and unenforceable in law," said Justice Chauhan, writing the judgment for the Bench.
"In case the vacancies notified stands filled up, process of selection comes to an end. Waiting list etc cannot be used as a reservoir, to fill up the vacancies which come into existence after the issuance of notification or advertisement," the Bench said.

Whereas, it is also learnt that Govt. of India had withdrawn the de-reservation system. According to the news published in the Times of India dated 9th October, 2008, that a meeting chaired by the Honble Prime Minister Manmohan Singh, where the Cabinet approved enactment of a law to enforce job reservation for SCs/STs by stipulating penalties on offices which did not implement them effectively. The Honble Finance Minister P Chidambaram also said that the Cabinet approved the Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008. ''Posts reserved for SCs and STs will not be de-reserved and they (vacancies) will be carried over,'' he said, adding that the proposed bill would contain provisions for penalties on offices which did not implement the job quota.
The proposed law would bring in ''interpretative clarity about various facets of the policy on reservation in central government jobs and infuse greater confidence in the minds of the SCs and STs,'' he added.
In accordance with the THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (RESERVATION IN POSTS AND SERVICES) BILL, 2008 (AS PASSED BY THE RAJYA SABHA on 23rd December, 2008 vide Bill No. LXXIV-C of 2008) under Rules 11 it is clearly indicated that The vacancies reserved for members of the Scheduled Castes or the Scheduled Tribes shall respectively be filled by members of the Scheduled Castes and the Scheduled Tribes only.

In this context the information received from the Education (Higher) Department on 29th April, 2010 through the RTI Act. 2005 is given below:-
Sanction StrengthMen in PositionVacancies
URSTSCURSTSCURSTSC
34420511235822353(183-11)=172(77-6)=71
NOTE: Earlier 11 Nos. of post for ST and 6 nos. of post for SC were de-reserved Vide Reference No. F1 (435)/ DHE/Estt(G)/85(E2) dated 17-08-2006 which are subject to future adjustment.
The State Government has taken up de-reservation of reserved vacancies up to ceiling of 102 posts subject to the condition that equivalent number of posts of UR category would be adjusted in future (vide reference Notification No. F.1 (2)-DHE/Estt(G)/2009 dated 23-10-2009).
The information received in connection with maintaining Roster discipline wise is unsatisfactory reply and the matter would be sought again.

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