Preservation of reservation—A true justice
Er. J.R Aryan
Saying goes, justice delayed is justice derailed or justice denied. Also justice withheld is justice fiddled. Justice, ignored is justice deplored and justice pending is always heartrending. All the reserved categories of
J &K State constituting more than 50 per cent population of the State are deeply shocked by the unexpected muteness, inattention, inaction and callous stand of the present Coalition Government on the issue of Reservation in promotions to these categories which they had been getting since long past even before the Reservation Act 2004 which having been duly passed by the then Assembly during the late Mufti regime, the Governor became a Law/ Act to strengthen the cause of Reservation in
It is a well known fact that three pillars of democracy are:- (1) Parliament of Legislature (2) Executive or Government (3) Judiciary; which safeguard and uphold the dignity of Constitution and democratic value. The Parliament or Legislature is all powerful to frame the laws under constitutional norms after getting them passed in the Parliament/ Legislature which are then placed before the President or the Governor as the case may be, for his consent/approval after which it becomes an Act or Law to be implement in letter and spirit by the Executive or Government. The role of the Judiciary comes into play when a justice seeker approaches it with the plea that the implementation of the Act / Law is not in letter and spirit, or the Law or Act has been brought up without being passed by Parliament or assembly or is without consent of the President or Governor or is through a back door entry. The Reservation Act 2004 stands framed under proper norms having been passed in the assembly with subsequent approval of the Governor to become an Act/Law for the benefit of reserved categories in service promotion. The verdict of High Court setting aside some sections of the Act in respect of reservation in promotions to the reserved categories is a bolt from the blue and a challenge to the Legislature/Law makers who must come forward to defend the genuineness of the Act when the Apex Court has also stayed the impugned order of the High Court with further instructions that the High Court is not prevented from considering the eligible candidates for promotions to the next higher post provided any vacancies for such consideration are available. This means that wherever there are vacancies for promotion they must be considered for all the sections of the society as per norms of Reservation Act 2004.
During current Assembly session when the Legislators of PDP, BJP and opposition raised voice and strong protest for Continuation of reservation benefits in promotion to the reserved categories, the government tried in vain to pacify the agitating MLAs in the Assembly with the plea that the case is sub-judice, despite Apex Court having stayed High Court order meaning that the State Government Reservation Act 2004 is self explanatory and is State’s own legally framed law which the government must come forward to defend before the Apex Court. The Reserved categories stand cut to the quick that the State Government is in the process of making promotions to the general categories against available vacancies without any consideration for the reserved categories to shatter their own plea that the case is sub-judice. It shows that the present government is not same in word and deed.
The writer who is senior Vice-President of All J&K SC/ST Retd. Employmees’ Forum makes an earnest appeal to all the MLAs/MLCs for the reserved categories in particular and to all the MLA of general categories in general to deliver justice to the suffering reserved categories by supporting the continuation of Reservation Act 2004.
Even roster point kept for each reserved category candidate was meant to act as a guiding factor/bench mark to fix up their seniority of the candidate at that roaster point in the particular selection list for his first promotion to the next higher cadre where after the same seniority shall be maintained for his onward promotion on general basis as it used to be previously, but the champions in the corridors of power mid way snatched this consideration too, to cripple the chances of promotion of these categories. This is really the height of injustice.
If the present government too, deprives these reserved and downtrodden categories of the basic rights then the only way out for them is a statewide agitation, hue and cry, whose and sign, do and die.
The author/writer is conveying the grievances through the 4th pillar of democracy-the media for redrassal of the same by the government.
(The author is retired XEN and settled in Kishtwar).