The CPO is dismayed by the careless and senseless statement of Mr. Lalthara, the Chief Secretary of Nagaland on job reservation policy. The negative attitude coupled with ignorance of the ongoing legal proceeding by a person no other than the head of the State Bureaucracy is a matter of serious concern for one and all.
The CPO in its earlier statements has made itself loud and clear on our approach towards the BT reservation policy and its applications. The utmost interest of the CPO is to protect the ideals of reservation policy and have been emphasizing the need for periodic review to meet the changes of time. The CPO has neither sought for retention of BT classification nor elevation to any other status. Rather the CPO has been ardently demanding thorough revision of job reservation policy from the State Govt. so as to give proportionate benefit to both the BTs as well as the advanced tribes. We have a clear mind and expect that the expert committee’s findings will deliver fairness and justice to the deserving tribes. The Chakhesang community is displeased when our very identity and status was put to test without clear definition and sustainable findings. Our sole objective is to get our rightful place not at the cost of any one but as we rightfully deserved.
In the matter of PIL 9/2010, by way of Public Interest Litigation the CPO have prayed the Honourable Court of Law for protection of the legitimate rights of the BTs of the State of Nagaland in general and the Chakhesang Tribe in particular and challenge the actions of the State that are arbitrary and in contravention to the original policy of the State. The State by way of the Notification dated 23.7.08 had arbitrarily sought to reduce the reservation benefit of the Chakhesang Tribe from earlier 4% to 2.6%. We had to protect our interest and therefore had to approach the Hon`ble Court. All we said before the Court was that any policy decision taken by the State has to be on the basis of an expert committee`s report.
When the matter was taken up for hearing on several occasions, the Counsel for the State of Nagaland has been praying for more time so as to enable the State Cabinet to come in to a decision on the reports submitted by the Committee(s) on job reservation. The learned Advocate General of Nagaland submitted that “during the pendency of the present PIL a committee by the name of “Khrielie Kevichusa Committee” had submitted its report on the present reservation issue and the same is under consideration of the State Government and a new decision is expected within the month of September, 2010”. In the mean time, the State Government has filed an additional affidavit whereby on oath it was stated that the cabinet on deliberation over the said committee report had set up another committee to examine Khrielie Committee’s report headed by “Mr. Temjen Toy” and the latter has also submitted its report. The State respondents have further sought for more time to enable the cabinet to reach a final decision on the basis of the latest committee’s report. Till date, the cabinet has not come out with any decision as stated by the counsel. To our surprise, instead of bringing its final decision, the State of Nagaland has filed a misc case praying for vacating the restriction order and a permission to finalize the recruitment processes. In yet another surprise, when the misc case filed by the State came up for hearing on 28/01/11 none of the state counsels appeared before the court whereby taking the court for a ride at the expense of thousands of job aspirants back home and delaying the case indefinitely. It is for the public to decide who is responsible for the delay. Now, the case is fixed on 14/02/11 for final disposal and the Government is expected to submit its decisions on the committee’s report for final hearing. In the interest of the ends of justice and for the job aspirants, the Government is once again urged to come clear on the issue and put the matter to rest once and for all. Further it must also be revealed that both the committees reports have clearly recommended to provide more reservation to the Chakhesang Tribe.
On the Chief Secretary’s comment as appeared in the Nagaland post dated January 29, 2011 the CPO is constrained to seek clarification as to what had prompted him to make such a senseless utterance and incite communal twist. The statement of the CS stating that “the CPO had filed Litigation in Kohima bench of Gauhati High Court asserting that the eastern Nagas were given more advantage in job reservation comparing with the other BTs of Nagaland” is far from truth as the CPO has been consistently maintaining that the eastern Nagas deserve enhancement on job reservation keeping in view of the ground realities and there is no such PIL pending before Kohima bench as stated. The PIL in question is pending before the principal bench of Guwahati High Court. The CPO opines that a person of his standing having such nefarious attitude and creating disharmony among the tribes is dangerous and harmful to peaceful co-existence of tribes in the State and exposing his ignorance on the matter is pathetic.
In regard to the CS statement “the Chakhesangs were not losing as they have been fairly treated, given their present status among the tribes of Nagaland” and further maintain that “the Chakhesang people were no longer backward as they have advanced in all spheres of life”. The CPO records its appreciation to the Government for creating 33% job reservation that has benefited the community immensely for the last four decades. However, excepting job reservation benefits, the Chakhesang tribe is deprived from all other benefits such as Backward Region Grant Fund (BRGF) which is extended to all the BTs and some advance tribes except the Chakhesangs. Further, the benefits such as Special grants, Border Area Development Fund and other packages meant for BTs are denied to the Chakhesangs. Further more, the Chakhesangs are the only tribe among the BTs to be excluded from DUDA. Surprisingly, in the recent teachers recruitment as well, the Chakhesangs are the only tribe among the BTs that has been segregated and isolated for reason best known to the Government. On the question of been advance in all spheres of life, the CPO wish to know on what basis he has made such a statement. The CS being the head of the executive in the State is expected to have thorough knowledge of the successive expert committee reports on BT reservation that are lying on his table for consideration. The Chief Secretary may also clarify on what basis and on which notification the Chakhesangs were being declared as advance. It is unbecoming of the top bureaucrat to contradict the expert findings of the committee constituted by the Government on which the Government is yet to arrive at any decision.
On the statement of the CS that “the P&R department has given detailed report to the Gauhati High Court regarding job reservation quota” the CPO maintain that it contradict the open court statement of the learned Advocate General of Nagaland on 28.8.2010 that the decision on the committee report is under consideration of the Government and a new decision is expected within the month of September, 2010. The State cabinet has not come out with any decisions till date. It’s this indifferent attitude of the State machinery and not us, who should be blamed for the present emerging situations.
SOVENYI
President, CPO
KEKHWENGULO LEA,
General Secretary, CPO
The CPO in its earlier statements has made itself loud and clear on our approach towards the BT reservation policy and its applications. The utmost interest of the CPO is to protect the ideals of reservation policy and have been emphasizing the need for periodic review to meet the changes of time. The CPO has neither sought for retention of BT classification nor elevation to any other status. Rather the CPO has been ardently demanding thorough revision of job reservation policy from the State Govt. so as to give proportionate benefit to both the BTs as well as the advanced tribes. We have a clear mind and expect that the expert committee’s findings will deliver fairness and justice to the deserving tribes. The Chakhesang community is displeased when our very identity and status was put to test without clear definition and sustainable findings. Our sole objective is to get our rightful place not at the cost of any one but as we rightfully deserved.
In the matter of PIL 9/2010, by way of Public Interest Litigation the CPO have prayed the Honourable Court of Law for protection of the legitimate rights of the BTs of the State of Nagaland in general and the Chakhesang Tribe in particular and challenge the actions of the State that are arbitrary and in contravention to the original policy of the State. The State by way of the Notification dated 23.7.08 had arbitrarily sought to reduce the reservation benefit of the Chakhesang Tribe from earlier 4% to 2.6%. We had to protect our interest and therefore had to approach the Hon`ble Court. All we said before the Court was that any policy decision taken by the State has to be on the basis of an expert committee`s report.
When the matter was taken up for hearing on several occasions, the Counsel for the State of Nagaland has been praying for more time so as to enable the State Cabinet to come in to a decision on the reports submitted by the Committee(s) on job reservation. The learned Advocate General of Nagaland submitted that “during the pendency of the present PIL a committee by the name of “Khrielie Kevichusa Committee” had submitted its report on the present reservation issue and the same is under consideration of the State Government and a new decision is expected within the month of September, 2010”. In the mean time, the State Government has filed an additional affidavit whereby on oath it was stated that the cabinet on deliberation over the said committee report had set up another committee to examine Khrielie Committee’s report headed by “Mr. Temjen Toy” and the latter has also submitted its report. The State respondents have further sought for more time to enable the cabinet to reach a final decision on the basis of the latest committee’s report. Till date, the cabinet has not come out with any decision as stated by the counsel. To our surprise, instead of bringing its final decision, the State of Nagaland has filed a misc case praying for vacating the restriction order and a permission to finalize the recruitment processes. In yet another surprise, when the misc case filed by the State came up for hearing on 28/01/11 none of the state counsels appeared before the court whereby taking the court for a ride at the expense of thousands of job aspirants back home and delaying the case indefinitely. It is for the public to decide who is responsible for the delay. Now, the case is fixed on 14/02/11 for final disposal and the Government is expected to submit its decisions on the committee’s report for final hearing. In the interest of the ends of justice and for the job aspirants, the Government is once again urged to come clear on the issue and put the matter to rest once and for all. Further it must also be revealed that both the committees reports have clearly recommended to provide more reservation to the Chakhesang Tribe.
On the Chief Secretary’s comment as appeared in the Nagaland post dated January 29, 2011 the CPO is constrained to seek clarification as to what had prompted him to make such a senseless utterance and incite communal twist. The statement of the CS stating that “the CPO had filed Litigation in Kohima bench of Gauhati High Court asserting that the eastern Nagas were given more advantage in job reservation comparing with the other BTs of Nagaland” is far from truth as the CPO has been consistently maintaining that the eastern Nagas deserve enhancement on job reservation keeping in view of the ground realities and there is no such PIL pending before Kohima bench as stated. The PIL in question is pending before the principal bench of Guwahati High Court. The CPO opines that a person of his standing having such nefarious attitude and creating disharmony among the tribes is dangerous and harmful to peaceful co-existence of tribes in the State and exposing his ignorance on the matter is pathetic.
In regard to the CS statement “the Chakhesangs were not losing as they have been fairly treated, given their present status among the tribes of Nagaland” and further maintain that “the Chakhesang people were no longer backward as they have advanced in all spheres of life”. The CPO records its appreciation to the Government for creating 33% job reservation that has benefited the community immensely for the last four decades. However, excepting job reservation benefits, the Chakhesang tribe is deprived from all other benefits such as Backward Region Grant Fund (BRGF) which is extended to all the BTs and some advance tribes except the Chakhesangs. Further, the benefits such as Special grants, Border Area Development Fund and other packages meant for BTs are denied to the Chakhesangs. Further more, the Chakhesangs are the only tribe among the BTs to be excluded from DUDA. Surprisingly, in the recent teachers recruitment as well, the Chakhesangs are the only tribe among the BTs that has been segregated and isolated for reason best known to the Government. On the question of been advance in all spheres of life, the CPO wish to know on what basis he has made such a statement. The CS being the head of the executive in the State is expected to have thorough knowledge of the successive expert committee reports on BT reservation that are lying on his table for consideration. The Chief Secretary may also clarify on what basis and on which notification the Chakhesangs were being declared as advance. It is unbecoming of the top bureaucrat to contradict the expert findings of the committee constituted by the Government on which the Government is yet to arrive at any decision.
On the statement of the CS that “the P&R department has given detailed report to the Gauhati High Court regarding job reservation quota” the CPO maintain that it contradict the open court statement of the learned Advocate General of Nagaland on 28.8.2010 that the decision on the committee report is under consideration of the Government and a new decision is expected within the month of September, 2010. The State cabinet has not come out with any decisions till date. It’s this indifferent attitude of the State machinery and not us, who should be blamed for the present emerging situations.
SOVENYI
President, CPO
KEKHWENGULO LEA,
General Secretary, CPO
