Explained: Delhi govt flouted reservation for SC, STs to nominate AAP staff

The Arvind Kejriwal-led-Delhi authorities has reportedly appointed 437 ‘private persons’ as advisers, fellows and consultants on hefty salaries by flouting reservation pointers.

Most of those ‘private persons’ are mentioned to be staff of the ruling Aam Aadmi Party (AAP) within the National Capital. According to the sources on the LG House, these appointments had been made by way of a rigged choice course of.

They additionally knowledgeable that many of those ‘private persons’ have doubtful {qualifications} however had been inducted as specialists by the Delhi authorities with full disregard to the constitutional provisions on the reservation.

Did Arvind Kejriwal take any constitutional approval earlier than making these 437 appointments in Delhi Govt? No.

These ‘workers’ are literally the brokers of AAP.

Kejriwal appointed them for fulfilling his egocentric motives and for filling his coffers.

-Shri @Virend_Sachdeva… pic.twitter.com/q5SWRLKTc2

— BJP (@BJP4India) July 8, 2023

As per stories, 49 such ‘private persons’ have been engaged at totally different designations on the Delhi Transport Corporation. A chief media advisor and a advisor (water our bodies) have been employed by the Delhi Jal Board at a month-to-month compensation of ₹1.5 lakhs and ₹2 lakhs respectively.

Similarly, the Dialogue and Development Commission of Delhi has 6 advisers, who draw a month-to-month wage of ₹2.65 lakhs. Besides, it has 21 consultants who make ₹1.25 lakhs every month. The Delhi Vidhan Sabha has 50 fellows, who earn about ₹1 lakh a month.

About 140 fellows and affiliate fellows have been appointed by the Delhi Assembly Research Centre (DARC) because the yr 2019. The AAP authorities in Delhi has thus been accused by the LG workplace of making a ‘parallel civil service’ with none accountability.

LG workplace slammed AAP for flouting reservation guidelines, benefitting celebration staff

The modus operandi of the AAP authorities, as alleged by the Lieutenant Governor’s workplace, concerned circumventing constitutional norms and guidelines.

These non-public people, who had been typically political staff, had been appointed to varied departments, companies, boards, and public sector undertakings (PSUs) underneath the Delhi Government. In some instances, they changed senior authorities officers, seemingly to evade accountability and manipulate guidelines to their political benefit.

Despite pointers set by the Union Government and the Government of National Capital Territory of Delhi (GNCTD) that mandate reservations for SCs, STs, and OBCs in all momentary appointments lasting greater than forty-five days, the Arvind Kejriwal authorities allegedly proceeded with the appointments with out reserving any seats for these classes.

The Lieutenant Governor’s workplace claimed {that a} Brahmin Minister within the AAP Government, Saurabh Bhardwaj, facilitated authorities jobs for a number of fellow Brahmin AAP staff by way of unofficial channels, thereby depriving SCs, STs, and OBCs of their rightful alternatives.

Furthermore, the choice course of was allegedly manipulated to nominate an unqualified particular person as an affiliate fellow. Anchal Bawa, the spouse of Aam Aadmi Party MLA Durgesh Pathak, who at the moment serves as AAP’s in-charge for MCD, reportedly claimed false NGO expertise with out offering any supporting certificates. This appointment was a transparent violation of established guidelines.

The Lieutenant Governor’s workplace highlighted one other case involving Deepshika Singh, who gave the impression to be working full-time whereas concurrently attending school.

Her resume claimed full-time expertise between 2013 and 2018, however the supplied expertise certificates from Manu Educational Cultural & Social Welfare Society, Delhi, raised suspicions.

Notably, she accomplished an everyday post-graduation diploma from Jawaharlal Nehru University in 2018, making it implausible for her to keep up full-time employment whereas attending college often.

In conclusion, the Lieutenant Governor’s workplace emphasised that the AAP authorities is searching for the annulment of the “Services Ordinance” because it exposes their doubtful intentions to function a parallel administration in Delhi. They allege that the federal government has been disregarding Constitutional provisions and misappropriating public funds by using AAP staff in authorities positions.

Delhi Services Dept declares appointments by AAP as ‘void’

As per a letter despatched by the Special Secretary (Service) YVVJ Rajasekhar to the Delhi authorities on July 5 this yr, a number of appointments had been made and contracts had been renewed with out the approval of the Lieutenant Governor.

“It is observed that the extant provisions of reservations for SC/ST/OBC have been prescribed by DOPT vide Office Memorandum No. 27/4/67(II)-Estt. (SCT) dated 24.09.1968 and reiterated vide OM No. 36036/3/2018-Estt.(Res.) dated 15.05.2018 for reservation in temporary appointments lasting for 45 days or more have also not been followed in these engagements. It is also observed that the above-mentioned engagements have been made in gross violations of the Constitutional Provisions on Reservation, thus, void ab initio,” the letter learn.

YVVJ Rajasekhar additionally referred to the ordinance by the Union authorities, which reinstated the ability of the Lieutenant Governor (LG) over ‘administrative services’ within the Delhi authorities (additionally known as GNCTD).

The official letter thus directed the Delhi authorities to cease the providers of ‘private persons’, approval of which was not obtained from the LG. It additionally requested the Finance Department to cease paying them salaries.

“If any administrative department finds it appropriate to continue such engagements, the detailed case with all records and proper justification shall be forwarded by the concerned Departments to the Services Department, GNCTD for onward submission to Hon’ble Lt. Governor for consideration and approval immediately,” it mentioned.

The letter emphasised, “All the departments are accordingly directed to adjust to the above directions failing which motion, as might deem ni, could also be initiated towards the involved Administrative Secretary for violation of the Constitutional Provisions on Reservation.“

Defence of AAP chief Saurabh Bharadwaj

AAP Minister Saurabh Bharadwaj filed an extra affidavit earlier than the Supreme Court on July 8 this yr, justifying the choice of the AAP authorities to forgo reservation for SC, STs within the appointment of 437 ‘private persons.’

In his affidavit, he referred to the letter by the Delhi Services Department and claimed, “…(It) makes an unsubstantiated and bogus declare that the extant reservation coverage for momentary appointments lasting for 45 days or extra has not been adopted in case of the aforesaid engagements.“

“That it is common knowledge that reservation in government service is only given in direct recruitment and promotion and not where consultancy or deputation services are availed. Since the aforesaid engagements are done through composite method of deputation/contract, the extant reservation policy is not applicable to such engagements,” Bhardwaj mentioned, claiming it has no foundation in legislation.

In the identical affidavit, the AAP chief claimed that the ‘private persons’ appointed by the Delhi authorities are alumni of premier establishments akin to IIT Bombay, NALSAR, IIM Ahmedabad and the University of Cambridge. He additionally added that they play important function in facilitating day-to-day functioning of the assorted Departments of the Delhi authorities.

Centre’s stance over reservation in momentary positions

On November 21 final yr, the Union Ministry of Personnel, Public Grievances & Pensions issued an Office Memorandum (OM), reiterating that reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) should be supplied in momentary appointments.

The solely exception highlighted by the Ministry was for appointments, that are lower than 45 days. “…It has been reiterated that in respect of appointments to Central Government posts and services, there shall be reservation for Scheduled Caste/ Scheduled Tribe/ Other Backward Class candidates in temporary appointments which are to last for 45 days or more,” the OM emphasised.

It additional added that the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes has noticed that the federal government’s directives are usually not being adopted in letter and spirit.