PIL challenges Arunachal recruitment norms on PRC, APST, tribal lang; HC seeks response

The Gauhati High Court has sought the Arunachal Pradesh government’s response to a PIL challenging its new recruitment policy that makes a Permanent Residence Certificate (PRC), Arunachal Pradesh Scheduled Tribe (APST) status and proficiency in an indigenous tribal language mandatory for government jobs.A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the PIL filed by the Lekang Indigenous Right Forum and four others on WednesdayA division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the PIL filed by the Lekang Indigenous Right Forum and four others on Wednesday and directed the state to file its response by the next hearing on November 5.The petitioners have challenged the August 26 notification issued by the state government as well as three subsequent recruitment advertisements issued by the Arunachal Pradesh Public Service Commission (APPSC) on September 1, 7 and 9.They contended that the mandatory conditions dilute rights guaranteed under Articles 14 and 16 of the Constitution and questioned the government’s power to impose such eligibility requirements through an executive instruction.The petitioners claimed the notification appeared “manifestly unreasonable and arbitrary” and was contrary to historical rights and privileges enjoyed by sections of people permanently settled in Arunachal Pradesh.Advocate General Chowdhury informed the court that the state government would file its response through an affidavit.The court directed the government to file the affidavit positively by the next date, November 5.No official response from the state government on the issues raised in the PIL was available at the time of filing this report.Reacting to the development, social activist and Arunachal Frontier Tribal Front (AFTF) chairman Tadak Nalo, in a social media post, claimed that non-APST petitioners from Lekang circle belonging to communities including Moran, Deori, Adivasi, Kachari and Tai Ahom had challenged the policy.Nalo said his team would approach the advocate general and other authorities and take steps to safeguard what he described as indigenous tribal rights. He also sought clarity on the status of non-APST communities settled in Lekang.The legal challenge comes weeks after the state Cabinet, headed by chief minister Pema Khandu, on August 13 approved uniform eligibility criteria for direct recruitment to Group A, B and C posts and equivalent positions across government departments, PSUs, autonomous bodies and local and urban bodies.The decision followed demands from organisations, including the All Arunachal Pradesh Students’ Union (AAPSU), for changes in the state’s recruitment policy.Giving effect to the Cabinet decision, the August 26 notification made a valid Arunachal PRC, APST certificate and proficiency in an indigenous tribal language mandatory for direct recruitment.The APPSC and Arunachal Pradesh Staff Selection Board (APSSB) were directed to incorporate the requirements in recruitment advertisements and relevant service rules.Under the framework, selected candidates must clear the prescribed indigenous language test during probation or within three years. Failure to qualify would result in withholding of annual increments and promotions until the test is cleared.