Reservation in Jobs: What kind of provision of job reservation to local, somewhere similar

New Delhi Reservation in Jobs The matter of reservation in jobs  once again came in the discussion when the Chief Minister of Madhya Pradesh Shivraj Singh Chauhan said that only the children of Madhya Pradesh will be entitled to government jobs in the state. This will mitigate the employment crisis and will contribute to the development of the state. Although the state had taken this step earlier too, it was rejected by the Supreme Court.

Actually, there is no restriction on the constitution of a resident of one state to go to another state for employment. Nevertheless, there are different arrangements for natives for employment in different states. The report gives details of what the constitution says and what is the opinion of experts, how the rules are in the states and how logical is the situation.

First the rule was made and then stopped: 13 out of 24 districts of Jharkhand fall under the notified area due to the predominantly tribal area. The state government recently started the process of teacher appointment and reserved 100 percent posts for the local people in these 13 districts. It was challenged in the High Court. The petitioner said that 100 percent reservation is unconstitutional. In September 2019, the court accepted that 100 per cent reservation was wrong and stayed the appointment process.

Delhi Government on Employment: The Delhi government has recently started a job portal towards employment. This portal works to give jobs and merge takers. In a few days, about six and a half thousand companies have put more than one million vacancies on this portal, while around nine lakh people have applied for jobs. This has benefited both job and employee loss during lockdown.

Decisions on reservation

  • On the directions of the High Court, the UP government has issued a mandate to give the benefit of reservation in state government jobs to women of other states. With the condition that this reservation be subject to the final decision of the Court. The UP government has filed a special appeal against this decision of the High Court
  • Apart from Bastar division, Chhattisgarh has 32% reservation for Scheduled Tribes, 13% for Scheduled Castes and 27% for Other Backward Classes. Apart from this, reservation for economically weaker people (Savarna) is 10 percent. Due to total reservation of 82 percent, the whole matter is in the High Court.

Equality of opportunity in the subjects related to appointment: Part-3 of the Constitution of India describes the fundamental rights. The first fundamental right among these is the right to equality, under which Article 14 provides that no person in any state of the country shall be denied equality before law or equal protection of laws. Also, Article 15 states that the state will not discriminate against any citizen on the basis of religion, race, caste, sex, place of birth or any of them.

According to Article 16 (1), there will be equality of opportunity for all citizens in subjects related to planning or appointment to a post under the state. Along with this, Article 13 of the Constitution deals with laws that are inconsistent or curtailing fundamental rights. Article 13 (2) states that the State shall not make any law of this kind which abridges or diminishes the rights conferred by this Part and every law made for violation of this section shall be void up to the amount of the violation. However, nothing in this Article-13 shall apply to any amendment of the Constitution made under Article 368. Along with this, Article 15 (5) has said that this article will not prevent the advancement of socially and educationally backward citizens or making special provisions for Scheduled Castes or Scheduled Tribes.

Senior Supreme Court advocate Ajit Sinha said that when the country is one, the citizens here are not from different states but from one country. It is not right to distribute them in the name of state-wise reservation. For example, if one has been a state before and has been divided later, the citizens may have been separated in terms of place but should not be on the basis of authority. It is against nationalism to make different rules for them.

 

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