Until a final decision is taken, the Kerala High Court directed the respondents not to implement the Government Orders under challenge in the interest of Adivasis.
The Division Bench of Chief Justice S.V.N.Bhatti and Justice Basant Balaji heard a Public Interest Litigation (PIL) filed by the petitioner is a Society for Adivasis’ welfare, wellbeing, and improvement in the State of Kerala. The petition is filed in the public interest, particularly for the standard, upkeep, and objectivity in consideration of the candidates from the targeted group, namely Adivasis.
The petitioner questions the legality, desirability, and appropriateness of the procedure for appointment as Schedule Tribe Promoters. The petitioner’s case is that dated 29.12.2021 has prescribed the selection process to the post of Scheduled Tribe Promoters/Health Promoters to be exclusively considered from out of Adivasis (Scheduled Tribes).
The procedure prescribed is that the petition would go on to narrate, has a meaningful objective assessment at the first stage and subjective appreciation at the latter stage, enabling the right candidates to get selected for the posts . To shorten the narrative, it can be stated that the procedure now put in place firstly loses objectivity, dispensing with written test leads to any amount of arbitrary exercise, sometimes going as far as nepotism and only a few selected and favoured candidates could get employment. If such a procedure is allowed to be implemented, then the objective with which the benefits are provided to the Adivasis would again be confined to securing employment but not enhancing their standard of learning and earning.
The counsel though made serious submissions on the case pleaded, alternatively he invited the Court’s attention to the representations pending before the competent authority on the objections raised by a body that feels the ongoing procedure, instead of improving the efficiency of the Scheduled Tribe, contributes to complacency.
The Bench is of the view that instead of taking up the petition and issuing notice to the respondents, the ends of justice are met by directing the respondents as under:
(i) The Additional Secretary to Government, State of Kerala, Scheduled Caste and Scheduled Tribes Development Department, Thiruvananthapuram (respondent No.1) and the Director, Scheduled Tribes Development Department, Thiruvananthapuram (respondent No.2) to look into the grievance canvassed by the petitioner Society, afford an opportunity of being heard, if necessary, and take a well informed and founded decision. Respondent Nos. 1 and 2 would also take the expert opinion of a constitutional body, such as the Public Service Commission, before putting in place a procedure for recruiting Adivasis in the post for which the Government Orders are issued.
(ii) The petitioner is given the liberty to file additional representation, if so advised, by enclosing a copy of the judgment within two weeks .
(iii) Respondent Nos. 1 and 2 decide on the representation within eight weeks thereafter. Until a final decision is taken, the respondents are directed not to implement the Government Orders under challenge in the interest of Adivasis.