The Government-appointed panel comprising legislators and an official of the Personnel Department has arrived at a common ground feeling strongly for a uniform reservation policy to be adopted for the districts of the State, not covered under the 5th Schedule of the Constitution. The members have also found out a way to duck the legal hurdle coming in the way.
Highly placed sources in the Department along with some members of the committee confided to The Pioneer on Wednesday that the suggestions to the Government in that regard were going to be specific.
“We have placed our opinion before the nodal Department which is right now compiling a draft report. The draft report would be vetted by us on April 7 when a meeting of the members and officials has been called. After fine tuning the suggestions, the report would be placed before the Government to take a final call and bring it before the Cabinet,” said a member requesting not to be quoted.
It is learnt that the panel discussed widely and zeroed in on the provision specified in Article 6 (4) of the Constitution that reads, “the State may make reservation of appointments or posts in favour of any 'backward class' of citizens which, in opinion of the state, is not adequately represented in the public services under the state.”
“States like Chhattisgarh, Madhya Pradesh have brought their class III and IV jobs under this to reserve those for locals.
While they have done that indirectly by using any local dialect mandatorily that is not possible here in Jharkhand. Thus we under the Article 16 (4) of the Constitution can apply backwardness clause and extend the reservation given presently in the 13 districts falling under the Schedule 5 to the remaining 11 as well,” said a member.
The committee has in order to negate the fear of getting legally challenged and turned down by the court subsequently would prescribe similar socio-economic and demographic situations prevailing all over.
“If we compare financial, educational and economic condition of the people living in the 11 non-Scheduled districts with the 13, there is not much difference, “ said another.
Backwardness is all over and conditions of the people aspiring for class III and IV Government jobs are pretty similar.
On this basis the Constitution does permit the State to formulate any law for the wellbeing of locals, may be for a certain period,” added another member, hinting to stress on this point before the Government to take a final call. Now with the opinion being found out, any decision by the Government is expected in May.