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Government cancels lateral entry advertisement, citing “social justice”; six years ago, it created a plan to circumvent reservation

Union minister Jitendra Singh wrote to UPSC chairwoman Preeti Sudan that the decision represents the prime minister’s conviction that the lateral entry procedure must be in line with the values of equality and social justice contained in the Constitution, notably regarding reservation.
An advertisement for the hiring of joint-secretary-level officials and other important positions through the lateral entry process was released by the Union Public Service Commission (UPSC), and Prime Minister Narendra Modi has asked the Department of Personnel and Training (DoPT) to delete it.

How times change in six years with a lighter mandate.

The UPSC Chairperson Preeti Sudan was asked to withdraw the advertisement for 45 “lateral entry” posts by Union Minister for the Department of Personnel and Training (DoPT), Jitendra Singh, on Tuesday. Singh cited “the constitutional mandate towards social justice” for the “rightful representation” of marginalized communities in government services. This followed protests from the opposition and important NDA allies Ram Vilas and JD(U).

In 2018, when formulating the policy, the government came to the conclusion that lateral entrance constituted a “close approximation of deputation where mandatory reservation for SC/ST/OBC is not necessary” based on a 1978 DoPT order. Remarkably, a significant aspect of that same 1978 DoPT instruction was ignored: the instruction stated that the government “should endeavour to see that a fair proportion of such posts are filled by” SCs/STs when the number of posts to be filled by deputation is “fairly substantial,” even though it excluded deputation or transfer postings from reservation. “substantial” by any measure — were being filled, but the flow of events demonstrates how crucial it was to make sure that every position was filled as a “Single Post” in order to avoid quotas.

The decision represents a dramatic change in the process by which senior officials are assigned to important ministries like finance and electronics. It was communicated in a letter from UPSC Chairperson Preeti Sudan to Union Minister Jitendra Singh.

In 2018, the union government implemented lateral recruitment for joint secretaries, directors, and deputy secretaries. A reply to the Lok Sabha dated July 24 states that 63 appointments, including 35 from the private sector, have been made in this manner thus far. Of these appointees, 57 are still active in their respective departments or ministries.

The Second Administrative Reforms Commission approved lateral entrance in 2005, and the Sixth Pay Commission recommended it in 2013, according to Singh’s letter. He said that important appointments, such as Nandan Nilekani’s appointment as chairman of the Unique Identification Authority of India (UIDAI), were made in this manner back when the practice was first implemented under the Congress-led UPA government.
“The prime minister views reservation in public employment as a cornerstone of our social justice framework, which is intended to address historical injustices and promote inclusion,” Singh wrote.

He said, “It is crucial to uphold the constitutional mandate for social justice to ensure that deserving candidates from marginalised communities receive appropriate representation in government services.”

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