Imphal: The Manipur Legislative Assembly Secretariat has 7 sanctioned posts for the post of Under Secretary by way of Direct Recruitment or Promotion. For the past many years no notification has been issued for recruiting a Scheduled Tribe person. Ms. Mercy Kayine P came to know a post going to be vacant on account of retirement and so through verbally and representations informed the Manipur Legislative Assembly Secretariat about the violation of Schedule Tribe reservation for the said post. She requested the concerned authorities to correct the discrepancies and to issue a notification for recruitment of Scheduled Tribe only. Yet, the authorities took no heed to the grievances put forth rather issued notification No. 01/04/(22)/2021-LA(E)DR dated April 24, 2021 only for OBC (Meitei), with no option left she decided to pursue the matter in the court seeking justice for herself and many other intending Scheduled Tribe candidates.
A Writ Petition Civil Mercy Kayine P vs Manipur Legislative Assembly Secretariat was filed through her counsels Mr. Osbert Khaling and Ms. Carolin Kasar. The matter was heard on November 29 and the court issued notice to the respondent authorities to filed their reply, the arguing counsel for the petitioner Mr. Osbert Khaling submitted that if the said post is an isolated post then the model roster of 200 point as per rule 3 of Manipur Reservation of vacancies in posts and services (for Scheduled Castes and scheduled Tribes) Rules, 2011 has to be followed. Mercy Kayine’s counsels further submitted that if the said post is not an isolated post then the 31% reservation for the Scheduled Tribe has to be applied which means that 2 seats out of 7 sanctioned post has to be reserved for the Scheduled Tribe. In both instances the respondent has violated the reservation policy as all the 7 sanctioned post were held by unreserved category candidates.
While speaking to Ms. Carolin Kasar, she stated that reservation as a policy is pursued by the State to correct the historical injustice done to certain classes of people. It is one of the tools against social oppression and injustice against certain classes. Otherwise known as affirmative action, reservation helps in uplifting backward classes.
Carolin further stated that reservation in India is all about reserving access to seats in government jobs, education institutions and even legislatures to certain sections of the population. Reservation in service is not only to give jobs to some persons belonging to these communities. It basically aims at empowering them and ensuring their participation in the decision making process of the State. Moreover a vacancy reserved for STs cannot be filled by candidates other than Scheduled Tribes.