Recruitment from among officers in police and armed forces will hardly get any Muslim. Delhi High Court verdict on 11th April on ZFI’s petition against the central govt decision.
By Mumtaz Alam Falahi, TwoCircles.net,
New Delhi: Muslims are hardly 4% of the police cadre, a Central Government proposal to recruit 500 IPS officers through a Limited Competitive Examination (LCE) will further dilute the Muslim presence in the Indian Police Service, alleged former bureaucrat Dr. Syed Zafar Mahmood. His organization Zakat Foundation of India has filed a case in Delhi High Court against the proposal. Interestingly enough, the govt proposal is opposed by UPSC and IPS Officers Association as well.
The Home Ministry of Central Government decided in 2010 that out of the additional recruitment of IPS officers, 490 officers shall be selected through a Limited Competitive Examination. Only those persons will be able to apply for LCE who have been working for 5 years or more as major or captain in the Defence Forces, Assistant Commandant in Central Police Organizations or Deputy Superintendent of Police in the states.
ZFI president Dr. Syed Zafar Mahmood addressing while IAS topper Shah Faesal sitting next to him in Delhi [TCN Photo]
The move was opposed by UPSC, IPS Officers association as well as Muslim organizations including Zakat Foundation of India, but the Home Ministry ignored all objections and went ahead with its decision. It ordered UPSC in 2011 to evolve rules for LCE and this past 10th March issued recruitment advertisement and set 1st April as last date for filing applications.
ZFI challenges the decision in Delhi HC
Meanwhile, Zakat Foundation of India, a Delhi based charitable registered trust, filed a writ petition against the LCE in Delhi High Court. On the first hearing on 21st March Chief Justice A.K. Sikri and his associate judge Justice Rajiv Sahai ordered the Government of India to produce before the court the relevant record. On 28th March the relevant record was produced before the court which ordered that the record should be shown during the lunch time to Zakat Foundation of India who should ascertain whether, as claimed by the Additional Solicitor General, the UPSC had concurred with the Central Government about the utility of LCE for IPS recruitment. Such inspection was jointly done by the President, Zakat Foundation of India Dr. Syed Zafar Mahmood and the NGO’s advocate Mr. Amber Qamaruddin. Rev. Fr. Packiam Samuel, General Secretary of Interfaith Coalition for Peace was also present in the court room.
“After the inspection, the Zakat Foundation of India’s senior counsel advocate Mr. Neeraj Krishan Kaul informed the court in the afternoon session that there is nothing in the government record to show that UPSC ever concurred with the concept of LCE for recruiting IPS Officers. In fact, all the serious and substantial objections raised by the UPSC were overruled by the central government which decided to go ahead with the LCE route rather than enhancing the annual intake through the regular Civil Service Examination conducted by UPSC,” said Dr. Syed Zafar Mahmood, president, ZFI.
ZFI clarified that the documents which were shown by the government side to the court before lunch were regarding the finalization of the LCE rules and these were not related to the UPSC’s views regarding the basic proposal to take the LCE route for IPS recruitment. The ZFI counsel told the court that such recruitment will hardly get any Muslim and the government won’t be able to implement 4.5% minority sub-quota as the pool of officers from where IPS officers are to be recruited has very low presence of minorities. After hearing these arguments the Chief Justice conferred for about 5-6 minutes with his associate judge and then announced in the court that the decision in the writ petition shall be given on 11 April 2012.
Why ZFI opposing limited recruitment of IPS officers
Zakat Foundation of India has opposed the move since the beginning. ZFI’s main argument is that such recruitment will hardly get any minority officer. Talking to TCN over phone, Dr Syed Zafar Mahmood said: “The pool of available candidates (around 1500) for LCE (for 490 seats) has less than 4% candidates belonging to minority communities while their cumulative population is 19%. Of minorities, Muslims are just 2-3% in these forces while their population is 13.5%. Hence hardly any minority candidate will be selected through the LCE.”
Dr. Mahmood also said that through such recruitment the government will not be able to implement its 4.5% sub quota carved out of the 27% of the OBC reservation for minority communities.
He also raised the question of quality officers. “In regular process by UPSC, there are 1000 candidates against one seat, but in LCE there will be three candidates against one seat – and that will be when all 1500 officers of the pool apply for the post,” said Dr. Mahmood.
Through LCE, the government is going to recruit 490 IPS officers in seven years (i.e. 70 officers per year). The main argument of the government is the alarming shortage of IPS officers in IB, CBI and in state police. Vacancies at the Superintendent of Police (SP) level and above in IB, which are to be filled by IPS officers, have risen to 88. Similarly in CBI, 13 out of a sanctioned 49 posts are vacant at SP levels. In January 2009, the IPS was 557 officers short of its sanctioned strength.
But Dr. Mahmood said the purpose can be achieved by raising annual intake of IPS through UPSC. “To fill the shortage they can raise the intake of UPSC for IPS from current 130 to 150 or even 200 per year,” he argued.
Is it a deliberate move by the government against minorities?
Responding to the question, Dr. Mahmood said: “I do not believe it is a deliberate move to curtail presence of minority officers in IPS ranks, but definitely the move will have collateral damage on the community.”
Moreover, he said, this will adversely affect the promotion prospect of lower rank police officers.
Hopes alive
As the Delhi High Court on Wednesday did not reject the petition of ZFI, Dr. Mahmood has kept his hope alive. “I have faith in Allah and I have hope and faith in judiciary as well,” he said.