Govt cites ‘social justice’ to cancel lateral entry ad, 6 yrs ago it structured scheme to avoid reservation

When the scheme was taking shape in 2018, the issue of reservation was relegated to a footnote, something to be avoided, show official records reviewed by The Indian Express.

In 2018, framing the policy, the government relied upon a 1978 instruction of the DoPT to conclude that lateral entry was a “close approximation of deputation where mandatory reservation for SC/ST/OBC is not necessary.” Significantly, a crucial part of that same 1978 DoPT instruction went unaddressed: while exempting deputation or transfer postings from reservation, the 1978 instruction held that the government “should endeavour to see that a fair proportion of such posts are filled by” SCs/STs when the number of posts to be filled by deputation is “fairly substantial.” As many as 50 posts — “substantial” by any definition — were being filled and yet, the sequence of events shows how the imperative was to ensure that each post be filled as a “Single Post” so that quotas do not apply.

Several Opposition leaders and some important allies of the government had strongly criticised the attempt to make these appointments without following the policy of reservations. (File Photo)

Consider this:

* March 19, 2018: Cabinet Secretariat conveyed to DoPT the Prime Minister’s direction to fill 50 posts under lateral entry: 10 Joint Secretaries in 10 different ministries/departments, and “a generic advertisement” for 40 Deputy Secretary(DS)/Director posts.

* April 23, 2018: DoPT asked the opinion of its Reservation Division on filling up the posts through deputation (for government employees) or contract (for private sector candidates) in just two days “in the light of the strict time-lines stipulated by the PMO for implementation” of the lateral entry policy.

* April 25, 2018: Reservation Division replied that, as per DoPT instructions dating back to 1967 and 1978, there was no reservation for SCs/STs in vacancies filled by deputation or transfer and “no specific instructions on the applicability or otherwise of reservation” for posts filled on contract basis. And that “keeping in view the spirit” of the 1978 instructions, a “similar approach may also be adopted while filling up posts on contract basis.”

* May 9, 2018: After a meeting with the Secretary (Personnel), the Reservation Division was asked to resubmit a “more analytical” submission for “a considered decision”. It’s at this stage that the Reservation Division invoked the Single-Post idea.

* May 10, 2018: Noting that “each post to be filled up under this scheme is a Single Post where reservation does not apply,” the Reservation Division submitted: “For the present, the arrangement of filling these posts may be deemed as a close approximation of deputation where mandatory reservation for SC/ST/OBC is not necessary.” However, it added that if duly eligible SC/ST/OBC candidates are available, they should be considered and priority given to such candidates in similarly situated cases to ensure “holistic representation.”

* What the Reservation Division did not note was the specific instruction for cases that involved a fairly large number of deputations. The 1978 DoPT instruction said: “Where the number of posts to be filled by deputation… is fairly substantial, the (government) should endeavour to see that a fair proportion of such posts are filled by” SCs/STs, “subject of course, to availability from feeder categories of qualified persons” of these communities.

* May 16, 2018: A meeting under the chairmanship of the Secretary to Prime Minister was held with the Secretary (DoPT) on lateral entry of 40 DS/Director posts.

* June 11, 2018: The Cabinet Secretariat “forwarded” a list indicating the distribution of the DS/Dir posts in various ministries.

* July 18, 2018: After Secretary (Personnel) examined the issue, along with the applicability of reservation, the DoPT on July 18, 2018, held that “a generic advertisement may result in the selection of a pool of experts but the same may not match with the requirement of domain expertise” and “the objectives envisaged in the policy may not be effectively met.”

Result: The DoPT argued that under the lateral entry scheme, “each post needs special qualification and experience to suit the requirement of each department/ministry where the post is to be filled up,” and reservation did not apply to such Single Posts. So far, 63 posts have been filled under lateral entry scheme.