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  • आप का रामराज्य

According to DoPT, it is mandatory to give reservation to SC, ST, OBC if kept in government job for more than 45 days: Jasmine Shah

  • August 20, 2024

Taking a dig at the BJP government at the Centre for withdrawing the order to fill 45 big posts of IAS level through lateral entry, senior AAP leader Jasmine Shah said that the Modi government was snatching the reservation rights of SC, ST and OBC through the backdoor, but when it faced pressure from all sides, it was forced to withdraw the order.

Jasmine Shah said that the central government was going to fill 45 big posts through lateral entry, but there was no provision for reservation in it. He asked that the central government should tell whether it will now withdraw the appointment orders of the 63 people who have already been given jobs through lateral entry between 2018 and 2024 without giving reservation to SC, ST and OBC. Because according to DoPT, it is mandatory to give reservation if someone is kept in a government job for more than 45 days and the Centre has also accepted this in the Supreme Court. Still, injustice is being done to the SC, ST and OBCs.

Senior Aam Aadmi Party leaders Jasmine Shah, MLAs Kuldeep Kumar and Vishesh Ravi held a joint press conference at the party headquarters regarding the efforts being made by the BJP-led Central government to fill major posts through lateral entry.

Senior AAP leader Jasmine Shah said the entire country knows that in independent India, if there is any party which is hellbent on killing the reservation of the Constitution in broad daylight, it is the Bharatiya Janata Party (BJP). For the last several years, we have been seeing that all the big leaders of the BJP and the RSS have been giving anti-reservation statements. During the 2024 election campaigns, what did we hear? All the leaders of the BJP, big MPs and ministers were saying only one thing that ‘we need to cross 400’. When asked why they (BJP) need to cross 400, they said ‘Modi ji is going to do something big, it is a secret that we cannot tell, but something very big is going to happen’.

They thought that the people of the country are stupid and do not understand the hint, but we have to give credit to the wisdom of the voters of India that they understood in time that 400 plus is a hint that reservation in the country is going to end, so the party which gave the slogan of ‘400 Paar’ was reduced to merely 240 seats, he said.

The senior AAP leader stated, “We were sure that after this, the BJP’s attitude may improve. The BJP will now work on ideas to further strengthen reservation but what happened? In the last one week, two such incidents happened which clearly show that the BJP did not learn anything from the 2024 elections. They wanted to end reservation by killing the law and the constitution. Now efforts are being made to do that work through the backdoor.”

He continued, “The first issue that came out in this was that on big positions, where IAS officers sit, on the positions of Joint Secretary, Director and Under Secretary, the BJP’s Modi government issued an advertisement saying that there will be no reservation in 45 such positions where they want to bring people through lateral entry. The BJP was going to commit this big sin, and this was not the first time. Even before this, a total of 63 such lateral entry positions have been filled by the Modi government where reservation does not exist,” stated the senior AAP leader.

Jasmine Shah said after the 2024 elections, when the first advertisement came, we learnt that they want to end reservation in the appointment of IAS officers as well. This is not the only such issue. If you look at the BJP state governments, the UP government has been in the process for the last four-five years to recruit 69,000 assistant teachers. The UP government, Yogi ji’s government, even there, our youth from SC, ST and OBCs did not get the jobs of their right. The OBC community has a reservation of 27%. How many youths did the Yogi government give jobs to? Only 4%. The SC community has a reservation of 21%. How many youths did the Yogi government give jobs to? Only 16%. When there was a ruckus and the youths raised their voices, even then the Yogi government did not listen to a single request, he stated.

“I am thankful to the Allahabad High Court that it took a historic decision to save the Constitution and completely scrapped the recruitment. So, what do these two big examples within a week show? It shows that the BJP is an anti-national party, the BJP is an anti-constitution party, and the BJP is an anti-reservation party. For the last several decades, their only effort has been how to suppress the youth of backward and deprived communities, so that government jobs should not be given to them. Even before this, when recruitment was done in 40 universities, reservation was removed from there too. Then a whole system of lateral entry was created, and reservation was removed from there too,” said Jasmine Shah.

“Today, I want to make another big disclosure in front of all of you. If any minister of the BJP or Modi government says that the rules and laws allow us that reservation should not be given to these positions, then they are lying outright. I have a memorandum of DoPT (Department of Personnel and Training), which comes under the Central Government, dated 21 November 2022. All the ministries were advised, and this was the subject: ‘Reiteration of Instructions Relating to Reservation in Temporary Appointments’. I would read out the main line, ‘All the ministries, departments are requested to ensure that reservation of scheduled castes, scheduled tribes, other backward classes shall be made in all temporary appointments which are to last for 45 days or more’. It means that if you keep anyone in a government job for more than 45 days, then it is mandatory to give reservation there and if any department or ministry does not give reservation, then it is violating the law and the constitution,” he continued.

What do the BJP spokespersons say? They say, ‘This lateral entry is limited to only 3 years, 5 years, it is not a guarantee of lifelong job,’ but your own (BJP’s) circular shows that even if there is a temporary appointment of 45 days, it is necessary to give reservation, it is mandatory, it means you are speaking a blatant lie, this is a big conspiracy being hatched. This is not the only example of how the SC, ST and OBCs people should not be given government jobs, Jasmine Shah said.

“Let me tell you another shocking instance, when reservation was not given to all such contractual and outsourced workers in the government, then some petitioner filed a PIL in the Supreme Court and in October 2023, the Supreme Court asked the Central Government’s stand that whether there should be reservation in all these positions, then the Central Government, citing its office memorandum of November 2022 said that ‘Yes, it should definitely be there. We say that even if there is more than 45 days in any job, whether it is on the government payroll or through a contractor or outsourced employee, it is mandatory to give reservation in it,’. Then it means that you (BJP) are misleading the court, you say something else in the Supreme Court, you say something else in government papers, but when you issue an advertisement for jobs, then you do not remember any reservation. This is a grave injustice and a betrayal of the entire SC, ST, and OBC community,” he asserted.

Addressing the media, Kuldeep Kumar said that BJP has always been against Baba Saheb Ambedkar’s Constitution. The BJP has a long history of criticizing the Constitution and talking about changing it. In 2024 also, it had talked about changing the Constitution. But this time the backward society of the country has taught the BJP a lesson. It is a very serious matter that Baba Saheb Ambedkar had tried to bring the oppressed classes into the mainstream of the society through his efforts, today the BJP wants to end that reservation through the backdoor. Recently, lateral entry of 45 IAS officers was done, who were made Joint Secretaries. If reservation was given in this, then 6 IAS would have been from SC, 3 ST and 12 from the Other Backward communities. The BJP has snatched the rights of 21 people.

He said everyone has seen that the BJP has worked to end reservation in big institutions of the country. Reservation has been abolished in more than 40 universities of the country. Even the Modi government has abolished reservation from Class III and Class IV class jobs. The BJP is completely anti-Dalit and backward. It wants to snatch reservation from these people by any means. But the BJP should know that today our Dalit and backward society is aware of its rights. “No matter how much the BJP and Modi ji try, but our society is not going to sit silent. This society will teach the BJP a lesson and will take its rights. The people of the country have taught them a lesson in 2024 as well. We will fight for this from the streets to the Assembly,” he said.

AAP Delhi State President of ST/SC Wing and MLA Vishesh Ravi told media persons that when a person says something or takes a step, his intention becomes clear. Today, ending the reservation of SC, ST communities in lateral entry is exposing the real intention of the BJP. For a long time, we have been seeing that the BJP has had problems with the people of SC and ST communities. It probably feels that the people of SC and ST communities are inferior to them, so it is constantly trying to snatch opportunities from these communities. “This case is a big example of how private individuals are being recruited for these sensitive posts, which are directly related to the society, who have no responsibility, and no accountability can be fixed after giving them the job,” he said.

Vishesh Ravi asked in which direction does the government want to take the society by recruiting such people? The BJP has always discriminated against the people of SC and ST communities. This incident is also a big example of how discrimination is happening openly. But today the people of the country are aware. “The Aam Aadmi Party also opposed it and all the parties together put forth their views on it, due to which the BJP had to withdraw it. Today the people of the country are watching everything. Especially the people of SC and ST communities will tell what the result of discrimination is,” he said.

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