The Supreme Court has ordered the Tharu community to be given reservation in government advertisements as per the constitutional provision. After the hearing on Tuesday (7th February 2023), the joint bench of Supreme Court Judge Vishwambhar Prasad Shrestha and Dr. Anand Mohan Bhattarai issued the injunction order.
The Tharu Kalyankarini Sabha (Thakas) filed a petition in the Supreme Court demanding that a 6.6 percent reservation be made on the basis of population in the government advertisement as per the constitutional provisions. After the hearing on that writ, the Supreme Court issued an order to arrange reservations in all the government advertisements that will be opened now so that there is a proportional representation of the Tharu community in order to compensate for the past advertisements.
However, it has not determined the percentage of reservations to be given to other communities including the Tharu community. The community has been asked to arrange for judicial representation. The Tharu Kalyankarini Sabha believes that because of the brief mandate order that was issued on Tuesday, the full text will be able to provide for it.
Article 42 (1) of the Constitution has ensured the Tharu community as a separate cluster, the Preamble of the Constitution, Articles 16, 18, 18 (3), 42 have provided proportional representation in the structure of the state, so the Supreme Court has ordered in the name of the concerned body to make arrangements accordingly.
Although the constitution ensures the participation of all classes of communities in the government system based on the principle of proportional inclusion, the government has not yet enacted the necessary laws and regulations.
Earlier on 1st November 2017, the Supreme Court had given an interim order to provide reservations to the Tharu community in government advertisements. The Supreme Court gave this order while hearing the petition filed by advocate Shantikumari Modi.
According to Article 47 of the Constitution, the Supreme Court has ordered the government that within three years of the promulgation of the Constitution, all the necessary laws and regulations must be made and the constitutional provisions implemented. Since it has been seven years since the promulgation of the constitution, the court is of the opinion that this issue is not excusable.
Within nine months of the issuance of the full text of the mandate, the Supreme Court issued a mandate to the office of the Prime Minister and the Council of Ministers and the ministries to create all the laws and regulations and implement the constitutional provisions.
On the writ filed by the Tharu Kalyankarini Sabha, advocate Dr. Bhimarjun Acharya, Radheshyam Adhikari, Shravan Kumar Chaudhary, Buddhasen Chaudhary, Satishkrishna Kharel, Surendra Thapa, Ramesh Kumar Garagain, Saligram Sapkota, Vinod Karki, Nageshwar Prasad Chaudhary, Ravindra Tama, Badriraj Bhatt, Liladhar Upadhyay, Sushila Chaudhary. , Kamala Roka Giri, Bhuvan Prasad Bagle, Arya Shrestha, Sitaram Choudhary, Ramesh Kumar KC, Jyotsana Khanal, Ramanand Choudhary, and others.
General Minister of Thakas, Premi Lal Choudhary, said that after a long effort, the Supreme Court has ordered a decree in favor of the backward classes, including the Tharus. According to him, the door of reservation has now opened for the Tharu community as well as for the communities that have not received reservations from the state agencies.
