The Supreme Court on Wednesday stayed the order of Jharkhand High Court striking down 100 per cent reservation in government’s third and fourth grade jobs in scheduled districts of Jharkhand.
The court has issued notice to the Jharkhand government and other parties of this case.
The Jharkhand government headed by chief minister Hemant Soren had announced that the government will approach the Supreme Court to challenge the High Court’s order.
“Though I am involved in this case on the behalf of the Jharkhand government, I have come to know that the Supreme Court has issued a stay order. The court has issued notice to the Jharkhand government and other concerned parties of this case. This case has been listed for hearing on November 4. The detailed order of the court will be soon uploaded on the Supreme Court’s web site,” a senior judicial official informed The Pioneer.
This has given temporary relief to around 5000 job aspirants who were selected for the post of teacher in 13 scheduled districts of Jharkhand.
On September 21 a full bench of the High Court comprising Justices H.C. Mishra, Deepak Roshan and S. Chandrashekhar had scrapped an advertisement for appointment of high school teachers floated by the State government in 2016 in 13 scheduled districts of Jharkhand.
In 2016, the State government had issued an advertisement for the appointment of 17,572 teachers across 24 districts out of which 8423 posts were meant for scheduled districts. Jharkhand Staff Selection Commission had completed recruitment of around 9000 posts in both non-scheduled and scheduled districts.
The court observed that 100 per cent reservation for local residents of 13 scheduled districts in the appointment is the violation of fundamental rights enshrined in the constitution.
The court had also said that all appointments made against the said advertisement in scheduled districts stand null and void. This order was passed in the wake of a writ petition filed by one Soni Kumari from Palamu district and many other similar petitions who had challenged 100 per cent reservation for local residents of scheduled districts in the appointment of teachers.
In July, 2016 the then BJP-AJSU Party government headed by then chief minister Raghubar Das approved a reservation policy, under which it was stated that for scheduled districts only local residents will be eligible for appointment in class III and IV posts for a period of 10 years.
Among 24 districts of Jharkhand Ranchi, Khunti, Gumla, Simdega, Lohardaga, West Singhbhum, East Singhbhum, Seraikela Kharsawan, Latehar, Dumka, Pakur, Jamtara and Sahebgunj were declared as scheduled districts.
The High Court order had caused concern among selected candidates and it also fuelled a political controversy as the chief minister Hemant Soren accused the previous the BJP if students are suffering and their future is at stake.
