JCC challenges Nagaland government’s defence of IAS induction, calls inclusion of irregular appointees unconstitutional and cites Supreme Court ruling.
Share
DIMAPUR — The Joint Coordination Committee (JCC) on IAS Induction—comprising CANSSEA, FONSESA, NIDA, NSSA and NF&ASA—has issued a rejoinder to the state government’s recent defence of its actions regarding the induction of non-State Civil Service (non-SCS) officers into Indian Administrative Service (IAS).
In a statement, the JCC accused the state government of misleading the public through “rhetorics” and reiterated that the inclusion of irregularly appointed officers in the IAS panel was unconstitutional.
Citing Articles 14 and 16 of the Constitution, the JCC questioned how the state could claim to have acted “within the constitutional framework” when, it said, “the very entry into service of irregularly appointed officers had been in violation of constitutionally mandated recruitment processes.”
“The induction into the IAS is not akin to attaining sainthood where your past sins are forgiven. We are still on Earth where the rule of law prevails,” the statement asserted.
Also read: Nagaland government defends IAS induction process, calls on JCC to end agitation
Refuting the government’s argument that “regularised officers serving with integrity and seniority had earned their due consideration,” the JCC said that such regularisation does not cure the illegality of the initial appointment.
Citing the Supreme Court’s 2006 judgement in Uma Devi vs State of Karnataka, it stated that the apex court had categorically ruled that regularisation of irregularly appointed employees “does not cure the defect of the initial appointment.”
The committee also criticised the government’s claim that “not everyone can excel in competitive exams but officers proving their capability through service should have room for advancement.”
Calling this argument “ironic,” the JCC maintained that it was “such backdoor appointees” who had violated the principle of equal opportunity under Article 16 of the Constitution.
It further rejected the government’s reference to a Supreme Court judgement from Rajasthan as being comparable to Nagaland’s situation. It clarified that the Rajasthan case concerned the allocation of IAS induction seats for non-SCS officers, whereas in Nagaland, “the issue is the inclusion of irregularly appointed officers in the IAS panel list.”