SHILLONG:
The Division Bench of the Meghalaya High Court, on April 3, dismissed a Public Interest Litigation (PIL) on the Roster System.
However, the Division Bench stated that the court may be called upon to look into the matter at a more appropriate stage.
Taking up the PIL, the High Court noted that this petition, apparently filed in public interest, appears to be an attempt to muddy the already disturbed waters.
Chief Justice, Sanjib Banerjee, and Justice W. Diengdoh, stated that it was discovered in the year 2022, quite accidentally in course of a service matter before a Division Bench of this Court, that though the reservation policy had been in place in the state since its inception in January, 1972, there was no roster that had been prepared.
The High Court stated that accordingly, this Court took suo motu cognisance of such irregularity and required all appointments to be stayed till a roster was prepared.
The court stated that certain ancillary directions were also issued and a roster was prepared.
“The Court noticed that a roster had been prepared and the matter was given a quietus without going into the veracity of the roster that was prepared and upon prima facie satisfaction that the roster adhered to the extent of reservation of about 85 per cent that is in vogue in the state,” the High Court stated.
The High Court also stated that judicial notice needs to be taken of the discussions pertaining to the roster in the new Assembly.
But it stated that however, it does not appear that any decision has yet been taken as to a cut-off date or the like or how far back the roster system would be made applicable.
The High Court said, “These are policy matters that are best left to the legislature and the executive and upon a firm stand being taken, it will be open to any citizen affected thereby to question the propriety thereof in accordance with law.”
The High Court stated that as of now, and without a decision in such regard having been taken by the Assembly, which is actively discussing the matter, the present petition should not be entertained.