Litigations filed in Gujarart HC over GR on recruitment
The Gujarat High Court has a number of litigations before it on the 2018 GR related to various recruitments done by different agencies of the Gujarat government, one of the first such set being of the hiring of 115 posts of Police Inspector.
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The petitioners were supported by Advocate General (AG) Kamal Trivedi appearing for the Gujarat government.
The issue raised by 30 women candidates from reserved categories protesting against a General Resolution (GR) of 2018 of the Gujarat government that does not allow them to compete in the open category for women has already been subject to debate in courts.
The Gujarat High Court has a number of litigations before it on the 2018 GR related to various recruitments done by different agencies of the Gujarat government, one of the first such set being of the hiring of 115 posts of Police Inspector.
33% for women applied horizontally within quotas
As per the GR, if the government opens 100 vacancies, the OBC, ST, EWS (Economically Weaker Sections) and SC quotas at 27, 15, 10, and 7 respectively, adding up to 59 seats, will be vertically allotted while the 33% women’s quota would be applied horizontally within these quotas. This takes the quota for women candidates of OBC, ST, EWS and SC communities to 9, 5, 3, and 2 seats respectively or total 19. Of the remaining 41 seats 33% or 14, would be reserved for women in the Open Competition category. After applying the 33% horizontal reservation of women within the vertical quota for OBC, ST, EWS and SC, the reserved seats left for the male candidates is 18, 10, 7, and 5 respectively. The GR suggests that the number of reserved seats for a particular community cannot go beyond its vertical limit unless the candidate of a reserved community (male or female) qualifies for the merit of the overall Open Competition category. The Gujarat HC itself has been appointing meritorious women from reserved quota to open seats for women . In at least two recruitments in 2019, for the posts of Gujarati Stenographer and Translator, HC has selected meritorious women candidates from reserved category of SEBC or OBC on open category for women.
The Gujarat Public Service Commission (GPSC), which conducted the process, had recommended that the state government consider meritorious women candidates from socio-economic quotas in the open category for women. Candidates from the open category moved court calling it violative of the 2018 GR.
The petitioners were supported by Advocate General (AG) Kamal Trivedi appearing for the Gujarat government.
Upholding the contentions raised by the petitioners as well as the AG on applying the principle of “compartmentalised horizontal reservation” in special 33% reservation of women in the instant recruitment while citing certain judgments of the Supreme Court, a single-judge bench of the HC allowed the relevant petitions while directing the GPSC to prepare a revised list of successful candidates.
The GPSC itself has done a flip-flop in the matter, by initially contesting the petitions and objecting to the GR of 2018 in its affidavit-in-reply, where it stated, “The said GR…does not address the issues aim (aimed) at suitably, resultantly it defeats the very purpose of smooth implementation of reservation policy.”
It further said that the GR of 2018 is “not in consonance with the reservation policy in vogue and the same is not crystal clear”. The GPSC also went on to say that the views expressed in the GR of 2018 “are not supported by any authoritative orders”.
However, the GPSC changed its stand later while submitting an additional affidavit-in-reply. In the second affidavit, GPSC stated that, “…the matter was discussed with the GAD (of Gujarat government) in the series of meetings”.
The Commission also stated before the HC, “…reservation policy was the domain of State Government and it had decided to follow the Resolution (GR of 2018) as interpreted by the State Government which was as per the law laid down by the Supreme Court.”
The judgment of the single judge bench of HC has been challenged before a division bench of the court. And the division bench, headed by Chief Justice of Gujarat HC Justice Vikram Nath, has kept it for final disposal on February 5.
Sensitive as the issue is, when replying to a question at a media interaction earlier this month, on the LRD aspirants’ protest, Deputy Chief Minsiter Nitin Patel had said , “GAD, Home Department and secretaries of concerned departments are working under the consultation of the Law Department.
The judgment of HC is also being studied. A decision, which is in the interest of justice and law, will be taken”.
Speaking to The Indian Express over the issue, on Saturday, Social Justice & Empowerment Minister Ishvar Parmar said that the state government has been discussing and studying the matter and appropriate decision will be taken soon.
“We have been studying the issue. And appropriate decision will be taken soon in the matter,” Parmar said while adding that issues of interpretation of provisions were involved in the matter.
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