Tura, Feb 12, 2025:West Garo Social Activist Cherian Momin, write to DP Whalang Chief Secretary Government of Meghalaya, regarding the
inclusion of Miss Esther Ngurlienmoi Marak, in the Garo Quota in Meghalaya Civil Services (MCS) Examination Results.

He (Cherian) submits petition to register his strong objection to the inclusion of Miss Esther Ngurlienmoi Marak, under the Garo Quota in the final results of the Meghalaya Civil Services (MCS) Examination, as notified under the Meghalaya Public Service Commission (MPSC), Meghalaya Shillong.

This inclusion raises serious concerns regarding procedural integrity, transparency and compliance with the Meghalaya Job Reservation Policy (JRP) 1972, which mandates strict adherence to eligibility criteria for Scheduled Tribe (ST) candidates, under reserved categories. The inclusion of ineligible candidate under the Garo Quota, not only undermines the principles of fair governance, but also deprives genuinely deserving candidates of their rightful opportunities said Cherian Momin.

In his objection, lack of Essential Documentation to Establish Eligibility Under the Garo Quota. It has come to attention that Miss Esther Ngurlienmoi Marak’s candidature lacks essential documentation verifying her eligibility under the Garo Quota. The absence of clear, verifiable proof raises fundamental questions, regarding her tribal identity, clan affiliation, and legitimacy under the reservation policy. One of the fundamental requirements for availing benefits under the Garo Quota is authentic proof of tribal identity, particularly the clan title. The surname ‘Marak’ is one of the principal clan indicators among the Garo Community and is critical in determining eligibility under the Quota System.

However, Miss Marak’s records do not include evidence of her specific clan affiliation, lineage or customary ties to the indigenous Garo Community.

As per Meghalaya Job Reservation Policy (JRP), 1972 and the Constitutional Provisions Under Article 342 of the Indian Constitution, the verification of Scheduled Tribe (ST) Status is mandatory and non-negotiable. Any discrepancy in such verification renders a candidate ineligible for the reserved category.
Violation of Meghalaya Job Reservation Policy and Precedents.

The Meghalaya Job Reservation Policy, 1972, is explicitly designed to ensure equitable representation of indigenous communities in State Employment. It mandates that candidates availing benefits, under particular Tribal Category must conclusively establish their eligibility through appropriate documentation.

The inclusion of candidate whose eligibility is ambiguous or unverified constitutes a violation of Clause 3 of the Meghalaya Job Reservation Policy, 1972, which stipulates that a candidate must belong to the specified tribal category by birth and lineage. Article 15 (4) and Article 16 (4) of the Indian Constitution, which empower the State to grant reservations for Scheduled Tribes based on verified eligibility.

Office Memorandum on 12th January 1979, which outlines the requirement for strict verification of Scheduled Tribe claims before appointment.

Furthermore, the Supreme Court of India, in the landmark Judgment Kumari Madhuri Patil V Additional Commissioner, Tribal Development (1994), has laid down a mandatory verification process to prevent misuse of reservation benefits. The ruling explicitly states.

“In case of any doubt or discrepancy regarding a candidate’s tribal status, the selection process must be put on hold and independent verification must be conducted, before finalizing the appointment.” added Momin.

Ignoring these legal requirements not only sets a dangerous precedent, but also risks institutional malpractice and legal repercussions.
Potential Violation of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976
The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, clearly states that candidates falsely claiming ST Status without fulfilling the prescribed conditions are liable for legal action.

The act mandates that all appointments under ST Reservations subject to thorough scrutiny and cross verification by competent authorities.
If a candidate is found to have claimed ST Status without fulfilling the eligibility criteria, it constitutes an offense under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Including,
Section 226 (False Declaration in Official Documents) – punishable with imprisonment or fine. Section 316 (Fraudulent Representation for Unlawful Gain) applicable if a candidate has knowingly submitted misleading or false information to gain an unfair advantage.

Given these legal provisions, it is imperative that Ms. Esther Ngurlienmoi Marak’s ST status be re-examined to ensure full compliance with the law. Procedural Irregularities in MPSC’s Verification Process.
The Meghalaya Public Service Commission (MPSC), as a constitutional body, is entrusted with conducting fair, transparent and merit-based recruitment while strictly adhering to reservation policies.

However, in this case, the commission appears to have failed in its duty by Not conducting a thorough background verification of Miss Esther Ngurlienmoi Marak’s eligibility. Overlooking the importance of clan affiliation in determining ST status under the Garo Quota. Ignoring established legal precedents that mandate strict scrutiny of ST claims before finalizing results. Such lapses erode public trust in the recruitment process and create legal vulnerabilities that can be challenged in competent judicial forums.

In light of the above concerns, “I respectfully urge your esteemed office to take immediate corrective measures. Initiate urgent and independent review of Miss Esther Ngurlienmoi Marak’s eligibility under the Garo Quota, with a specific focus on her tribal status and clan affiliation” urged Momin.

Meghalaya Public Service Commission (MPSC) to produce all relevant records pertaining to her application and ST verification process.
Suspend the appointment process for Serial No. 25 Miss Esther Ngurlienmoi Marak, until the verification is completed to avoid potential legal complications. Ensure strict compliance with the Meghalaya Job Reservation Policy, 1972, and take action against any procedural lapses that may have led to this irregularity. Recommend disciplinary and legal action in case of any misrepresentation of ST status under applicable laws.

The sanctity of the Meghalaya Civil Services (MCS) Examination and the Reservation System must be upheld without compromise. If ineligible candidates are allowed to benefit from reserved categories, it sets a dangerous precedent and deprives deserving tribal candidates of their rightful opportunities.

Momin urged, to take swift and decisive action in the interest of justice, fairness and transparency.

“I look forward to your prompt response and necessary action at the earliest” said Momin.