sc,sc,obc के रिजर्वेशन वालों को सिर्फ उनके कोटे में ही मिलेगी नौकरीः सुप्रीम कोर्ट

नई दिल्ली  sc,sc,obc के आरक्षित वर्ग में नौकरी के संबंध में सुप्रीम कोर्ट ने शनिवार को एक अहम फैसला सुनाते हुए कहा कि आरक्षित वर्ग के उम्मीदवार को केवल आरक्षित वर्ग में ही नौकरी मिलेगी, फिर बेशक उसने सामान्य वर्ग के उम्मीदवारों से ज्यादा अंक हासिल क्यों न किए हों। सुप्रीम कोर्ट की पीठ ने यह फैसला आरक्षित वर्ग की महिला उम्मीदवार के मामले में दिया। याचिकाकर्ता ने कोर्ट से गुहार लगाई थी कि उसे सामान्य वर्ग में नौकरी दी जाए, क्योंकि उसने लिखित परीक्षा में सामान्य वर्ग के उम्मीदवारों से ज्यादा अंक हासिल किए हैं।

जस्टिस आर भानुमति और जस्टिस एएम खानविल्कर की पीठ ने कहा कि एक बार आरक्षित वर्ग में आवेदन कर उसमें छूट और अन्य रियायतें लेने के बाद उम्मीदवार आरक्षित वर्ग के लिए ही नौकरी का हकदार होगा। उसे समान्य वर्ग में समायोजित नहीं किया जा सकता। कोर्ट ने कहा कि याचिकाकर्ता ने उम्र सीमा में छूट लेकर ओबीसी श्रेणी में आवेदन किया था। उसने साक्षात्कार भी ओबीसी श्रेणी में ही दिया था। इसलिए वह सामान्य श्रेणी में नियुक्ति के अधिकार के लिए दावा नहीं कर सकती।

कोर्ट ने कहा कि डीओपीटी की 1 जुलाई 1999 की कार्यवाही के नियम तथा ओएम में साफ है एससी/एसटी और ओबीसी के उम्मीदवार को, जो अपनी मेरिट के आधार पर चयनित होकर आए हैं, उन्हें आरक्षित वर्ग में समायोजित नहीं किया जाएगा। उसी तरह जब एससी/एसटी और ओबीसी उम्मीदवारों के लिए छूट के मानक जैसे उम्र सीमा, अनुभव, शैक्षणिक योग्यता, लिखित परीक्षा के लिए अधिक अवसर दिए गए हों, ऐसे उम्मीदवार अनारक्षित रिक्तियों के लिए अनुपलब्ध माने जाएंगे और उन्हें केवल आरक्षित रिक्तियों के लिए ही विचारित किया जाएगा।

बता दें कि याचिकाकर्ता दीपा पीवी ने वाणिज्य मंत्रालय के अधीन भारतीय निर्यात निरीक्षण परिषद में लैब सहायक ग्रेड-2 के लिए ओबीसी श्रेणी में आवेदन किया था। इसके लिए हुई परीक्षा में उसने 82 अंक हासिल किए। ओबीसी श्रेणी में दीपा समेत 11 लोगों को साक्षात्कार के लिए बुलाया गया। लेकिन इसी वर्ग में 93 अंक लाने वाली सेरेना जोसेफ को चुन लिया गया। जहां तक सामान्य वर्ग का सवाल था, वहां न्यूनतम कटऑफ अंक 70 थे। लेकिन कोई भी उम्मीदवार ये अंक नहीं ला पाया। दीपा ने इस श्रेणी में समायोजित करने के लिए हाईकोर्ट में याचिका दायर की, जिसे हाईकोर्ट ने निरस्त कर दिया। इसके बाद उसने सुप्रीम कोर्ट का दरवाजा खटखटाया था।

वही इस फैसले का विरोध भी होने लगा है अुनुसुचित जाति जनजाति एवं युवा संघ के प्रेदष अध्यक्ष राजू बिछौले ने कहा कि युवा सघं इस फैसले का विरोधक करता है ऐ फैसला योग्यता कि हत्या करने वाला है हमारे अनुसुचित जाति जनजाति एवं पिछडे वर्ग के युवाओं को नौकरीयो से रोकने के लिए इस तरह के हतकन्डे अपनाए जा रहे है हम सभी को एक होकर इस फैसले के खिलाफ अपील करनी होगी और जरूरत पडी तो सडको मे भी आना होगा।

Categories: अन्याय अत्याचार

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