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Judgment
The writ petition in this case was filed in the year 2016 and the grievance of the writ petitioner was that even though he had fared better than the other candidates in the process of recruitment, he was not favoured with an appointment.
The recruitment process was concluded more than six years back and the private respondent Nos.6 to 13 are well entrenched in their positions. Though such private respondents obtained leave to file affidavits and were granted a further accommodation by the previous order of September 28, 2022, as is the usual practice, no affidavit has been filed. Thus, the private respondents have forfeited their right to use an affidavit, but this may still not prejudice the private respondents.
It is too late in the day for the writ petitioner to be afforded any real relief. In course of another service matter earlier this year, it was discovered that though the reservation policy of 85 per cent has been in vogue in the State since its inception, no roster system have been followed to ensure recruitment based on the exact ratio as provided for in the reservation policy.
Orders of this Court injuncted further recruitment till the roster was prepared and now a 20-point roster is in place. Recruitments have been permitted, upon the roster being introduced, subject to completing the list of appointees in every entry-level post and conducting further recruitment to ensure that the ratio as to reservation is maintained. In other words, if it is discovered that one category of reserved candidates have been taken in much more in number that the reservation ratio would permit, no further recruitment from such category would be permissible till the other categories reached the commensurate numbers.
On a 20-point roster, as per the ratio of reservation in the State, their ought to be 16 appointees from the Khasi and Jaintia tribes, 16 appointees from the Garo tribe, one appointee from other schedule castes and tribes and the remaining three unreserved.
This matter pertains to the Prison Department of the State and there is no doubt that the lists of appointees since the inception of the State have been prepared pertaining to every entry-level post so that future recruitments can be conducted to ensure adherence to the reservation ratio of 16:16:1:3.
Notwithstanding there being no cheer for the writ petitioner in this matter, it is necessary to ascertain whether the relevant lists in the several entry-level posts in the Prison Department have been completed and to obtain such lists and keep them as a part of the present papers to ensure that no further tinkering in such regard can take place in future.
The relevant lists should be presented in Court when the matter is taken up next on October 31, 2022.
MC (WPC) No.158 of 2022 is disposed by adding the private respondent Nos.6 to13.