Hoshiarpur (The Stellar News): The Punjab government in 2006 passed the Scheduled Caste and Backward reservation in service act. As per section 4(7) of the act reservation shall be applicable to vacancies to be filled on ad hoc , short term vacancies work charge establishment, daily wages staff and staff engaged on contract basis . The Punjab government on 9th December 2021 vide memo no 7/3/2018 SC 1/794 brought into the notice of Advocate General that at the time of engagement of Law Officer The Scheduled castes Backward Classes Reservation in Service Act 2006 be implemented in letter and spirit .
The Advocate General issues an advertisement on 21 April 2022 for the engagement of 178 Law officers. In the advertisement the vacancies were not reserved for the SC and BC as per the act. One shri o p in Dal, made a representation regarding denial of reservation and concession in recruitment and appointment in the engagement / establishment of office of Advocate General Punjab. The Punjab Scheduled Caste Backward Commission called the comment of the Government. The Government sought the opinion of the Advocate General Punjab. The Advocate General gave his opinion that keeping in view the nature of the work and its administration, the provision of the Punjab Act 2006 shall not be applicable to the office of Advocate General. He also pointed that paramount consideration should be given to the efficiency of the Law Officer who need to perform it before the Top Court of the State s well as before the Apex Court of the country . On receipt the opinion the matter was put up before the Chief Minister and reservation was denied.
This decision of the CM Bhagwant Mann is against the Constitution and is the violation of SC BC Act 2006. The Advocate General is to defend the act of the state. If the advocate general is the of the opinion that the act passed by the legislature is unconstitutional, then he can recommended for the repeal of the act . Without repealing the act , the state government has to act as per the law passed by the legislature. The Bhagwant government slogan that there will be change in Punjab has been brought into effect with abolishing the reservation of Scheduled Castes and Backward Classes.
Declaring the action of the maan govt as not only unconstitutional but also derogatory to the schedule casts and backward classes,the Punjab former legislatures association in it’s meeting held at Mohali today under the chairmanship of Justice Nirmal Singh resolved that from that facts as stated above the intention of present Bhagwant maan govt has came to fore about the sc and backward classes also shows future policy road map of the present govt,AAP.The former legislatures further added that this decision of the govt will take away the rights given to sc,bc as enshrined in the constitution given to the people of India by dr. Bheem Rao Ambedkar,they also said that the comments given by the advocate general Punjab and Cm Punjab Bhagwant maan are humiliating not only qua sc,bc but to the system across the cast line which has a binding effect for mutual harmony among all .
The former legislatures condemned the AG and CM Punjab for violation of constitution and committing criminal offence as envisaged in the prevention of atrocities against sc and st and they demand that an F.I.R should be lodged against both of them immediately.They also condemned the decision of Aam Aadmi party not including any member of schedule cast while nominating member of Rajya Sabha and said that the approach of maan govt against sc and bc has been exposed with such like acts and decisions. Spokesman of the said legislatures body Sh.Tikshan sud along with Master Mohan Lal, Madan Mohan Mittal ,S.Gurbinder Singh Atwal,sh. Arunesh Shakkar,S.tarlochan singh,S.Mehtab singh,mr Rakesh Pandey,S.gurtej singh Ghuriana,dy.speaker S.Veer Davinder singh, Ranjit Singh Chhajjal Waddi,smt. Mohinder Kaur josh,shri Des Raj Dugga, Sh. Tej Parkash Singh etc.were present in the meeting
