SHILLONG, FEB 18: The Expert Committee on the State Reservation Policy has recommended retaining Meghalaya’s 1972 Reservation Policy in its present form, citing strong stakeholder support and potential legal risks if amendments are introduced.
The report, tabled by Chief Minister Conrad K. Sangma on Wednesday, states that most stakeholders favor maintaining the existing system. The committee warned that any alteration could be vulnerable to judicial scrutiny.
Policy has delivered results
According to the report, the 1972 Resolution has functioned as the state’s reservation policy for over five decades and has significantly supported backward communities. The committee noted that better implementation and stricter adherence could further improve outcomes.
It cautioned that modifying the policy may attract judicial review under the landmark Indra Sawhney vs Union of India judgment.
Reservation must prioritize backwardness, not population
The panel emphasized that reservation should address historical injustice, socio-economic backwardness, and adequate representation, rather than population size.
Even smaller communities may receive larger reservation benefits if they face greater backwardness.
Key Recommendations
✔ Maintain status quo
Continue the 1972 policy without changes.
Strictly implement the reservation roster system as per the 2022 Office Memorandum.
✔ Follow roster & carry forward system
Operate the roster annually based on vacancies.
Retain the carry-forward rule (extended from 1 to 3 years).
Follow principles established in the R. K. Sabharwal vs State of Punjab case.
✔ No reservation for religious minorities
Extending reservation on religious grounds would be unconstitutional.
✔ Education reservations outside panel scope
Reservation in educational institutions (Article 15(4)) should be decided separately by the state government.
✔ Improve education in Garo districts
Enhance education standards to boost socio-economic development.
✔ EWS to remain separate
Economically Weaker Sections (EWS) must remain distinct from SC, ST, and OBC categories.
✔ Sub-classification requires data
“Quota within quota” is permissible under State of Punjab vs Davinder Singh, but requires detailed data collection.
✔ Creamy layer for OBCs
Government may consider applying creamy layer norms for OBCs.
✔ Disability reservation adequate
Existing provisions sufficiently address reservations for persons with benchmark disabilities.
✔ Higher quota in Class C & D posts not feasible
Migration to urban areas makes higher local tribal quotas impractical.
Existing 2022 memorandum already supports local recruitment preference.
Legal caution & future outlook
The committee stressed that the policy must remain within constitutional and judicial guidelines while continuing to uplift disadvantaged communities. Any future changes should be carefully evaluated based on legal precedents and socio-economic realities.