Ramesh Karna, 23, Bijay Kumar Sah, 24, and Birendra Sah, 24 district Dhanusha filed a writ of certiorary against Nepal Police, Selection Committee of Public Service Commission and Home Ministry for merging the residue of vacancy under inclusion quota with general category.
The writ petitioners had applied for Police Inspector jobs advertised on June 19, 2013 and the written tests were conducted from September 4-7, 2013. There were 17 seats for Madhesis, 13 for women, and 9 for Dalit.
The petitioners failed the written test announced by the Selection Committee of the PSC on January 5, 2014 following which the PSC decided to merge the residue quota seats with the general category. The PSC said that it was doing so for the required number of candidates did not pass the test under the inclusion quota seats. The petioners argeud that the merger of inclussion seat with the general category infringed upon their rights guaranteed in the constitution.
Writ petiners have argued that the Selection Committee's decision to merge the inclusion seats withe general category violated the Preamble of the Interim Constitution that says the state would be restructured in a way that would end class, ethnic, regional and gender discrimination. "The PSC has not cited any legal provision as the basis for merging quota seats with general seats," the petitioners have said in the writ.
They further argued that Nepal Police is under obligation to follow general principles of recruitment and promotition as provisioned under Public Service Act, 2049. Section 7 (10) of this Act stipulates that if the required number of candidates under inclusion quota can not be selected in the existing year, the same quota will be added to the respective quota category next year.
Writ petitioner have said that the PSC violated this provision of the Act. They argued that the PSC decision violated the prohibitory clause of Article 13 (3) of the Interim Constitution. Article 21 of the cosntituton stipulates that gorups and communities such as women, Dalit, aboriginal people, indigenous nationalities, Madhesis, oppressed class, poor farmer and workers, that are backward in terms of socioeconomic indicators have the right to participate in the state organs on the basis of proportional inclusion theory.
The writ petitioners have argued that the Interim Constitution pledges to end the unitary state system to ensure the rights of marginalised groups and communities but this advertisement was carried out with the unitary mindset.
The petitioners have demanded reopening of the same vacancy for inclusion seats saying in a similar case of the recruitment of officers cadet in the Nepali Army, the Supreme Court had orderd the Army to stay the recruitment process for Madhesi category.. They have also asked the court to halt the process of recruitment on the basis of decision taken on January 5, 2014 by the Selection Committe of the PSC.
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