Deputy Chief Minister Prestone Tynsong today said that the state government had pleaded before the Meghalaya High Court to allow implementation of the roster system ‘prospectively’.
“After the High Court has given its ruling in 2022, we have filed an affidavit (on this matter) not less than three times where we pleaded with the High Court to allow us (government) to implement the roster system prospectively not retrospectively,” Tynsong told reporters.
“But the High Court at that point in time insisted us that it should be implemented retrospectively meaning from the inception of the state reservation policy,” he said when responding to a query with regards to the demand of the Voice of the People Party to put on hold implementation of the roster system pending the review of the state reservation policy.
Tynsong however informed that the government would soon convene a cabinet meeting and an All-party meeting to discuss the roster system.
“Again we are waiting for the chief minister to reach Shillong and we will call a meeting, we will have a cabinet meeting and also we will have an all-party meeting with all responsible leaders and we will share and will discuss how to go forward,” he said.
The Deputy Chief Minister said, “I have no right to reply on behalf of the High Court but that’s what I am saying the point is very clear that we pleaded already as we wanted to implement it prospectively but the high court insisted and said on record that it should be implemented from the inception of reservation policy. So as of today, it stands like that.”
The Khun Hynniewtrep National Awakening Movement (KHNAM) said discussing the roster system in the Cabinet alone will not solve or bring light to the problem even as it demanded putting on hold all job recruitments till a proper roster system is in place.
The statement came a day after Deputy Chief Minister Prestone Tynsong had informed that the Meghalaya Democratic Alliance government will soon discuss and take a call on the issue related to the roster system in the upcoming meeting of the state Cabinet.
Tynsong had also informed that the government may also discuss the issue in the MDA meeting and all-party meeting.
In a statement, KHNAM vice president Thomas Passah said that the statement made by the Deputy Chief Minister on the roster system does not sound promising.
“We would like to state that discussing the roster system in the Cabinet alone will not solve or bring light to the problems. The hopeful steps the government is planning to take on the issue, which includes, Cabinet meeting, meeting with the MDA partners, All party meeting etc as stated by the Deputy CM seems to be time buying tactic on one hand while on the other hand recruitment process of various Departments is being speed up to capitalize on the current and illegal roster system to help one section of the community,” he stated.
“Lately, we have seen that there are lots of advertisements floated for recruitment in various departments in the government, there have been instances also where vacancies have been readvertised as per quota made through the roster system, wherein more seats have been allotted to Garos and fewer seats to the Khasi Jaintia community,” Passah alleged.
Demanding the government to put on hold all recruitment processes, the KHNAM leader said, “Therefore, if the Government is serious, we demand that all recruitment be put on hold, till a proper and legal roster system is in place.”
The National People’s Party-led Meghalaya Democratic Alliance-2 government has decided to discuss and take a call on the issue related to the implementation of the roster system in the upcoming meeting of the state Cabinet.
This came after the demand for calling a special session of the State Assembly to discuss the issue pertaining to the roster system and the state reservation policy following a recent order passed by the Meghalaya High Court.
Speaking to media persons, Deputy Chief Minister Prestone Tynsong said that he does not see any need to have a special session to discuss the issue.
“However, I am not saying that right now. When Chief Minister is back in Shillong, we are planning to have an all-party meeting, we would (also like to have an MDA meeting but first of all we will have a detailed discussion in the cabinet and then ultimately we will take a decision maybe we can also call an all-party meeting where we can share and discuss everything with all the political parties,” he said.
Tynsong said, “Well that is a very long story. Let me just tell you one thing, we already filed the affidavit three times and that time the Meghalaya High Court (in its earlier order) says you have to do the roster system right from 1972. They clearly said it should be right from the inception of the reservation policy which means that we have to go back from 1972.”
“But in view of the latest ruling of the High Court, we will again sit down, we will discuss in the Cabinet, we will discuss in the MDA and thereafter we can even call the all-party meeting,” he added.
On the demand of the NGOs that the roster system should not be implemented right from 1972, the deputy chief minister said, “It should not be retrospective. That is true. Even from the government side last year, we already filed affidavits two-three times, we requested the High Court if possible let us make it prospective. From the day the ruling came in we would like to have that roster system also to be in place from that time itself.”
With regards to the demand for reviewing the state reservation policy, Tynsong however said, “We will take up (the issues) one by one. As of now, I think the issue is about the roster system so the government has taken note of this, we will discuss it in the Cabinet and we will discuss it with the MDA partners as well as if necessary we will call the all-party meeting.”
Staff Reporter
Shillong, April 4: The Meghalaya High Court today said how far back the roster system would be made applicable, these are policy matters that are best left to the legislature and the executive of the state.
In its order, the division bench headed by Chief Justice Sanjib Banerjee has dismissed a PIL filed by one Greneth M Sangma without going into the merits of the matter pertaining to the roster system for reserved seats in the State and said, “The Court may be called upon to look into the matter at a more appropriate stage.”
The Court said the judicial notice needs to be taken of the discussions pertaining to the roster in the new Assembly.
“However, it does not appear that any decision has yet been taken as to a cut-off date or the like or how far back the roster system would be made applicable. These are policy matters that are best left to the legislature and the executive and upon a firm stand being taken, it will be open to any citizen affected thereby to question the propriety thereof in accordance with law,” it said while adding that “As of now, and without a decision in such regard having been taken by the Assembly which is actively discussing the matter, the present petition should not be entertained.”
The Court also stated that this petition, apparently filed in the public interest, appears to be an attempt to muddy the already disturbed waters.
ALSO READ: Meghalaya CM says roster system in place as per HC order; VPP wants roster system on hold
The order said it was discovered in the year 2022, quite accidentally in course of a service matter before a Division Bench of this Court, that though the reservation policy had been in place in this State since its inception in January, 1972, there was no roster that had been prepared.
Accordingly, this Court took suo motu cognisance of such irregularity and required all appointments to be stayed till a roster was prepared.
Certain ancillary directions were also issued. A roster was prepared.
The Court noticed that a roster had been prepared and the matter was given a quietus without going into the veracity of the roster that was prepared and upon prima facie satisfaction that the roster adhered to the extent of reservation of about 85 per cent that is in vogue in the State, the order stated.
