MPs take up cause of STs in Delhi

ITANAGAR, Dec 17: Several MPs belonging to SC/ST communities have expressed their resentment over an order of the Supreme Court on basis of which the National Capital Territory (NCT) Government is denying the reservation rights to SC/ST candidates of other states and union territories applying for jobs under it. Reportedly, a two-member bench of the Supreme Court on August 4, 2009, while hearing a Civil Appeal No 5092 of 2009 (Subhash Chandra and others Vs Delhi Subordinate Services Selection Board and others), had held that clause 1 of Articles 341 and 342 of the Constitution of India puts the State and Union Territory in the same bracket and therefore an administrative circular cannot form the basis of giving reservations to STs in NCT to those who belong to other states and UTs of the country.

In a jointly signed letter to the Prime Minister today, the MPs claimed that the aforesaid order contradicts another decision of a three-member bench of the same court in a 2005 case (S Pushpa & others Vs V Sivachanmugavelu & others) which held that even migrant STs were entitled to reservation in the Union Territory of Pondichery. Lok Sabha MP from the State, Takam Sanjoy, who is also a signatory of the letter, lamented that in consequence to the SC order of August 4, the Delhi Government had stopped reservation to STs of other states and UTs. He said that Delhi being the national capital, belonged to all citizens of the country and the STs of other states have the right to jobs under the 7.5% reservation quota on all-India basis prescribed by the Union Ministry of Home Affairs.

Sanjoy informed that as the SC order suggested that mere executive order is not enough to extend reservation for STs in the NCT, the MPs have recommended the intervention of the Attorney General of India to suggest to the Government to take further course of action. This, the MPs felt, may take the form of a review by a larger bench of the SC, a constitutional amendment or any other legal recourse as recommended by the Attorney General. The MP further informed that copies of the letter were also submitted to UPA Chairperson and Congress President Sonia Gandhi for perusal. THE SENTINEL