Thursday saw a three-hour discussion on the inclusion bill, which was initially floated by the Ministry of Law and Justice (MoLJ) to the cabinet. The bill proposes 48 percent seats under reservation quotas for candidates representing various ethnic groups while recruiting the work force for government services ranging from the civil service to the universities.[break]
Minister Gupta wanted the bill endorsed by the committee on Thursday. However, six secretaries jointly opposed various provisions of the bill, saying that it will be counter-productive and have an adverse impact on meritocracy in government services. Finally, Minister Gupta was persuaded to form a three-member study team and sort out the controversial provisions within three days.
Speaking at the meeting, secretaries Pratap Pathak, Trilochan Uprety, Leela Mani Paudyal and Sittal Babu Regmi flatly refused to endorse the bill as now proposed, citing some crucial precedents and principles. On Wednesday also, Secretary Som Lal Subedi and others had opposed the bill.
"We shouldn´t open the door for reservation quotas at all layers of government posts as this provision is absolutely unfeasible in our context," said General Administration Secretary Pratap Pathak at the meeting.
He said that one can be recruited into government service under reservation quota only for one position but not for all the succeeding layers. "For promotion purposes, he/she has to pass the exams and meet the criteria like everyone else. We have to provide intensive training to those who are recruited to reservation seats and bring them on par with those joining service through open competition. Only after that can those recruited through reservation quota be considered for promotion."
Pathak was of the view that multi-layer appointment of someone under reservation quota will be a disaster for the country. Adding to Pathak´s argument, Secretary Leela Mani Paudel said, "There are no multi-layer reservation quotas in the world and this provision is not suitable in our context either."
The bill on inclusion proposes that those who contest exams under reservation quota can fight for up to joint secretary-level positions under quotas in the civil service. That means, someone recruited as a section officer can go on to fight for a joint secretary-level post under reservation quotas for that level.
Secretary Pathak opined that government services should not be divided up among various ethnic groups under the pretext of reservation quotas in a fashion similar to people in the village dividing up the meat (after cutting a goat).
Secretary Paudyal floated three principles and said that the proposed bill must not be endorsed in its present form.
"The objective of the bill is not clear and it will largely discourage the qualified work force from entering government services," Paudyal said, adding, "If the proposed provisions are to be given the nod, effective service delivery through competent and qualified human resources will be compromised."
Paudyal said that the proposed bill only aims at ensuring the presence of elites from the ethnic groups in the government services but fails to address the aspirations of the genuinely deprived communities.
"What kind of bureaucracy we are opting for? Effective service delivery or the inclusion of elites from among the marginalized communities under the pretext of reservation quotas?" he asked.
Paudyal also opposed the provision which states that vacant posts allocated for reservation quotas will remain vacant until such time as the target candidates keep appearing in the exams and eventually pass.
"Can we send back service seekers visiting government offices, telling them that they cannot get the desired service in the absence of the candidate who is supposed to be hired under reservation quota?", he further asked.
"This provision will have severe ramifications in the long run," Paudyal said at the meeting.
Secretary Trilochan Uprety said that the reservation quotas are not feasible for various development committees under various ministries. Such development committees were formed targeting particular ethnic groups and candidates from other groups cannot be recruited to such committees, he said.
"The proposed inclusion bill will have an adverse effect on already poor governance," Uprety said, adding, "The provisions incorporated in the bill are absolutely unfit especially in the case of the security agencies."
Secretary Uprety was of the view that the security agencies cannot run their activities while keeping posts vacant for long.
Minister Gupta was adamant over the bill and repeatedly asked the secretaries not to try to prolong the matter citing various reasons. He also asked them not to try to teach him.
The secretaries also asked Minister Gupta to be clear about what percentages the government should allocate for the 59 marginalized groups and others under dalit, Madhesi and the like.
Following the secretaries´ objections, a three-member team comprising Secretaries Uprety and Pathak and Law Secretary Bhes Raj Sharma was formed. At the end of the meeting, Minister Gupta asked the secretaries to resolve the controversial issues within few days and get the bill endorsed within four days.
A draft inclusion bill proposes 48 percent of seats for marginalized communities and 52 percent for open competition.
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