Province 2 govt threatens to challenge PSC vacancy at court

Published On: June 6, 2019 07:39 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, June 6: As the Province 2 government threatens to launch a legal challenge against the recent vacancy announcement by the Public Service Commission (PSC) arguing that the announcement is in breach of the principles of proportional representation enshrined in the constitution, the PSC said the announcement is in line with the constitution and will not be withdrawn.

The government of the Province 2 and the ruling coalition partners Samajbadi Party Nepal (SPN) and Rastriya Janata Party Nepal (RJPN) have been pressing the federal government and the federal recruitment body to withdraw the vacancy announcement.
“Province 2 government plans to challenge the vacancy announcement at the Supreme Court for the PSC has overstepped its jurisdiction and failed to ensure reservation for all communities,” said Manish Kumar Suman, provincial assembly member of the ruling RJPN.

Those against the PSC vacancy have claimed that it hasn’t allotted the quota for all clusters and thus breached the constitution and that provincial PSCs should recruit staffers for the provinces.

But the federal government has defended the vacancy announcement saying it was called to address the manpower crunch in the provincial and local governments in the absence of provincial PSCs. The PSC had called the vacancies after the federal government on May 20 asked it to start the recruitment process.

“Section 12 of the Civil Servants Adjustment Act has clearly stated that federal PSC can recruit the civil servants at the local levels prior to formation of the provincial PSCs. We have called the vacancies at the request of the Ministry of Federal Affairs and General Administration,” said PSC spokesperson Kiran Raj Sharma.

Government of Province 2 has tabled the Provincial Public Service Commission Bill and Provincial Civil Service Bill at the provincial assembly but it has yet to be endorsed by the assembly. In the meantime the PSC had announced vacancies on May 29 for 9,161 various positions at various 515 local units. 

“Article 277 of the constitution has clearly stated that recruitment of civil servants at the local level will be carried through the provincial public service commissions. But the federal PSC called vacancies while formation process of provincial PSC is in progress,” said lawmaker Suman.

 RJPN on its statement has claimed that the PSC vacancy is against the Articles 38 (4), 40(1), 42(1) and 285 of the constitution which have ensured the representation of Madhesi, women, Dalit, Tharu, Janajati and Muslim communities. 

But the Province 2 government has claimed that the move of recruiting civil servants at local level from the federal bodies is against the spirit of federalism and the existing laws. 

“According to the Federal Civil Service Act, reservation should be ensured for 33 percent women, 28 percent indigenous-ethnic communities, 22 percent Madhesis and nine percent Dalits within 45 percent of the total vacancies,” reads the statement by RJPN. 

But the PSC has cited technical difficulties in ensuring the representation of all clusters while calling vacancies for fewer positions in multiple local units. “We are fully aware about propositional inclusive representation of all communities in PSC vacancies. But technically, we can’t ensure reservation quota for all clusters if the vacant positions are below 28,” said PSC Spokesperson Sharma.

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