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Meghalaya High Court clarifies gradation list will be governed by the merit positions occupied by people collectively recruited

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The Meghalaya High Court recently clarified that the gradation list in every post will have no nexus with the roster system as the gradation list will be governed by the merit positions occupied by the persons collectively recruited.

The Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh disposed of a Suo Moto Public Interest Litigation (PIL) regarding preparation Vs. State of Meghalaya of roster regarding implementation of the State Reservation Policy.

Pursuant to the previous directions, the State has adopted the roster system for implementing the reservation policy which has been in vogue since almost the inception of the State for the last half a century.

A.Kumar, Advocate-General , submitted  a copy of an office memorandum  dated May 10, 2022 by which the roster system has been adopted in the State and all government appointments have been required to be made in terms thereof.

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There are several annexures to the memorandum. These annexures, in tabular form, cover the areas where persons with disabilities would also be accommodated and other areas where the job descriptions are such that persons with disabilities cannot be taken in, the Court noted.

The Court therefore observed that the injunction restraining further recruitment will, however, continue till the previous occupants in the relevant posts have been identified, whereupon the injunction will cease to operate. This will apply to every post covered by reservation so that future recruitment is made only upon ascertaining the vacant slots that need to be filled up. Only upon such exercise being completed, may fresh recruitment to the relevant post be undertaken. This will apply to every entry-level post in every organization where reservation is applicable.

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“It is made clear that the validity of the roster system has not been gone into. It is also clarified that the gradation list in every post will have no nexus with the roster system as the gradation list will be governed by the merit positions occupied by the persons collectively recruited”

-the order reads.

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