Merit must prevail

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Editorial October 21, 2024

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In a landmark decision, Supreme Court has struck down the government's job quota scheme for family members of civil servants who retire on medical grounds, die during service, or become disabled. The quota system, which allowed the widow, widower or child of a deceased or disabled civil servant to be appointed without open advertisement or competition, was fundamentally flawed. While it may have been introduced with compassionate intent, the scheme bypassed merit, hindering access for qualified individuals who deserve to be selected through a transparent, competitive process.

Government jobs are not personal entitlements that can be passed down through families. They belong to the public, and the Constitution guarantees equal access to all. The Supreme Court's decision affirms that such policies are discriminatory and violate constitutional principles of equality. Articles 3, 18, 25 and 27 of the Constitution guarantee that employment in the public sector must be based on merit, free from favouritism and nepotism. Public sector jobs should be open to all citizens, and any laws or policies that contradict this fundamental principle must be subject to judicial review. While the top court ruling does not affect those already employed under the quota scheme, it sends a clear message that future appointments must be made on merit. The court has also made a necessary distinction by excluding heirs of martyred personnel of law enforcement agencies from its ruling, recognising the unique sacrifices made by those who serve in high-risk environments.

This verdict represents a victory for the principle of fairness in public employment. However, the entire employment system needs more than just incremental changes. A slow but steady overhaul is essential to ensure that merit becomes the standard for all appointments and promotions in government sectors.

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