KOTTAYAM: Toughening its stance against the LDF government, the Nair Service Society (NSS) has hit out against the move to implement reservation for the SC/ST and OBC categories in streams 2 and 3 of the Kerala Administrative Service (KAS), through an amendment in rules.
In a press release issued here on Saturday, NSS general secretary G Sukumaran Nair said decision was anti-Constitutional and violates of Supreme Court orders.
“The KAS rules stipulate that direct recruitment is done only through stream 1, while the recruitment in stream 2 and 3 are done via change of existing posts. As per existing general rules, those who joined the govt service availing of reservation are not eligible for a second round of reservation. The KAS also came into existence keeping this rule,” he said.
“However, the govt has brought in an amendment in KAS to implement reservation quota for SC/STs and OBCs in stream 2 and 3, ignoring the legal advice of the Advocate General and overruling the orders of the Supreme Court. This obviously is anti-Constitutional and clear violation of Supreme Court orders.
“In the Nagraj case, the Supreme Court had observed that the SC/ST categories could be given reservation benefits for promotions in service under the Article 16 (4) (a) only if the said category does not have adequate representation in the segment and also on condition that it will not affect the efficiency of service.
Similarly, in the Indira Sahni case too, the nine-member bench of the SC had taken a similar stance against promotion on the basis of reservation,” Nair pointed out.“The government’s unilateral decision, which is against the social justice would pave way for factionalism among bureaucrats, besides denying justice to the meritorious and affecting the overall efficiency of the system. The move cannot be taken for granted,” he said.