Shillong, May 22: North Shillong legislator Adelbert Nongrum filed a PIL seeking clarity on reservation in higher education as the focus was only on job reservation
During the hearing of the matter on Friday ( May 22), Advocate General questioned the maintainability of the PIL. He sought time to file affidavit-in-reply. Time was granted and the court said the same should be filed before the next date with an advance copy to the counsel for the petitioner.
The matter will be heard on June 5.
According to Adelbert, the PIL is regarding state quota seats in higher academic courses. Meghalaya is allotted certain number of seats under central pool quota by the central ministries so that the students from the state can pursue higher academic courses such as MBBS, Paramedical, Engineering, Architecture, Agriculture, Veterinary, and others in listed institutions located outside the state.
To select candidates for such state quota seats, the Meghalaya government issues notifications and advertisements whereby eligible students can apply according to the procedure that is made public.
When selecting candidates to state quota seats, the authority which publishes the advertisements relies upon the Job Reservation Policy of the state to allocate seats in favour of candidates belonging to different communities in the state such as Khasi-Jaintia, Garo, other indigenous communities and general category.
So, (a) categories of reservation, and (b) the quantum of reservation, for selecting candidates to state quota seats in higher academic courses is taken mutatis mutandis from the Job Reservation Policy of the state. There is no separate Reservation Policy for academic purposes.
The courts of the country are aware that reservation is an exception to the general rule of equality, and therefore reservation without the backing of enabling law is illegal and unconstitutional, Adelbert said.
