Law officers’ appointment: HC notice on Punjab’s plea against national commission’s quota order

The Punjab government in May had written to the NCSC that reservation to scheduled caste candidates is not applicable while engaging various categories of law officers in the AG office

Acting on a plea from the Punjab government, which challenged the National Commission for Scheduled Castes (NCSC)’s directions to implement reservation policy in the appointment of law officers in advocate general (AG) office, the Punjab and Haryana high court on Monday sought response from both the Centre and commission.

The high court bench of justice Mahabir Singh Sindhu also asked the Centre and NCSC why the latter’s order should not be stayed. The response has been sought by July 14.

The Punjab government in May had written to the NCSC that reservation to scheduled caste candidates is not applicable while engaging various categories of law officers in the office of AG. However, on June 13, the NCSC reiterated that reservation be provided.

Since the Aam Aadmi Party (AAP) government took over in March, law officers’ appointments are held up. The government had invited applications. However, in view of this litigation, it has not notified the engagements. As an interim measure, extension has been given to those appointed during the Congress regime.

The NCSC proceedings originated after an advocate, OP Indal, approaching the commission in 2021 alleging that the state government is not giving reservation in recruitment/appointment/engagement of law officers in the AG office. In August 2021, the commission asked the state government to implement the reservation policy in law officers’ appointment.

Initially, the departments of social justice and home affairs had differed on whether reservation should be provided. However, after advocate general Anmol Rattan Sidhu’s opinion, it had informed the national commission that reservation policy can’t be implemented in the AG office appointments.

The government has argued in court that the matter has already been settled by the Supreme Court, wherein it has been held that the reservation policy of the state is not applicable to the engagement of law officers. Law officers are appointed as per provisions of the Punjab Law Officers Act, 2017, with no provision for reservation.

The government says the commission was barred from taking cognizance of a complaint on an issue, which has been settled by the Supreme Court.

Courtesy : HT

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