The Arvind Kejriwal-led-Delhi government has reportedly appointed 437 ‘private persons’ as advisers, fellows and consultants on hefty salaries by flouting reservation guidelines.
Most of these ‘private persons’ are said to be workers of the ruling Aam Aadmi Party (AAP) in the National Capital. According to the sources at the LG House, these appointments were made through a rigged selection process.
They also informed that many of these ‘private persons’ have dubious qualifications but were inducted as specialists by the Delhi government with complete disregard to the constitutional provisions on the reservation.
Did Arvind Kejriwal take any constitutional approval before making these 437 appointments in Delhi Govt? No.
— BJP (@BJP4India) July 8, 2023
These 'employees' are actually the agents of AAP.
Kejriwal appointed them for fulfilling his selfish motives and for filling his coffers.
-Shri @Virend_Sachdeva… pic.twitter.com/q5SWRLKTc2
As per reports, 49 such ‘private persons’ have been engaged at different designations at the Delhi Transport Corporation. A chief media advisor and a consultant (water bodies) have been hired by the Delhi Jal Board at a monthly compensation of ₹1.5 lakhs and ₹2 lakhs respectively.
Similarly, the Dialogue and Development Commission of Delhi has 6 advisers, who draw a monthly salary of ₹2.65 lakhs. Besides, it has 21 consultants who make ₹1.25 lakhs each month. The Delhi Vidhan Sabha has 50 fellows, who earn about ₹1 lakh a month.
About 140 fellows and associate fellows have been appointed by the Delhi Assembly Research Centre (DARC) since the year 2019. The AAP government in Delhi has thus been accused by the LG office of creating a ‘parallel civil service’ without any accountability.
LG office slammed AAP for flouting reservation rules, benefitting party workers
The modus operandi of the AAP government, as alleged by the Lieutenant Governor’s office, involved circumventing constitutional norms and rules.
These private individuals, who were often political workers, were appointed to various departments, agencies, boards, and public sector undertakings (PSUs) under the Delhi Government. In some cases, they replaced senior government officers, seemingly to evade accountability and manipulate rules to their political advantage.
Despite guidelines set by the Union Government and the Government of National Capital Territory of Delhi (GNCTD) that mandate reservations for SCs, STs, and OBCs in all temporary appointments lasting more than forty-five days, the Arvind Kejriwal government allegedly proceeded with the appointments without reserving any seats for these categories.
The Lieutenant Governor’s office claimed that a Brahmin Minister in the AAP Government, Saurabh Bhardwaj, facilitated government jobs for several fellow Brahmin AAP workers through unofficial channels, thereby depriving SCs, STs, and OBCs of their rightful opportunities.
Furthermore, the selection process was allegedly manipulated to appoint an unqualified individual as an associate fellow. Anchal Bawa, the wife of Aam Aadmi Party MLA Durgesh Pathak, who currently serves as AAP’s in-charge for MCD, reportedly claimed false NGO experience without providing any supporting certificate. This appointment was a clear violation of established rules.
The Lieutenant Governor’s office highlighted another case involving Deepshika Singh, who appeared to be working full-time while simultaneously attending college.
Her resume claimed full-time experience between 2013 and 2018, but the provided experience certificate from Manu Educational Cultural & Social Welfare Society, Delhi, raised suspicions.
Notably, she completed a regular post-graduation degree from Jawaharlal Nehru University in 2018, making it implausible for her to maintain full-time employment while attending university regularly.
In conclusion, the Lieutenant Governor’s office emphasised that the AAP government is seeking the annulment of the “Services Ordinance” as it exposes their dubious intentions to operate a parallel administration in Delhi. They allege that the government has been disregarding Constitutional provisions and misappropriating public funds by employing AAP workers in government positions.
Delhi Services Dept declares appointments by AAP as ‘void’
As per a letter sent by the Special Secretary (Service) YVVJ Rajasekhar to the Delhi government on July 5 this year, several appointments were made and contracts were renewed without the approval of the Lieutenant Governor.
“It is observed that the extant provisions of reservations for SC/ST/OBC have been prescribed by DOPT vide Office Memorandum No. 27/4/67(II)-Estt. (SCT) dated 24.09.1968 and reiterated vide OM No. 36036/3/2018-Estt.(Res.) dated 15.05.2018 for reservation in temporary appointments lasting for 45 days or more have also not been followed in these engagements. It is also observed that the above-mentioned engagements have been made in gross violations of the Constitutional Provisions on Reservation, thus, void ab initio,” the letter read.
YVVJ Rajasekhar also referred to the ordinance by the Union government, which reinstated the power of the Lieutenant Governor (LG) over ‘administrative services’ in the Delhi government (also called GNCTD).
The official letter thus directed the Delhi government to stop the services of ‘private persons’, approval of which was not obtained from the LG. It also asked the Finance Department to stop paying them salaries.
“If any administrative department finds it appropriate to continue such engagements, the detailed case with all records and proper justification shall be forwarded by the concerned Departments to the Services Department, GNCTD for onward submission to Hon’ble Lt. Governor for consideration and approval immediately,” it said.
The letter emphasised, “All the departments are accordingly directed to comply with the above instructions failing which action, as may deem ni, may be initiated against the concerned Administrative Secretary for violation of the Constitutional Provisions on Reservation.“
Defence of AAP leader Saurabh Bharadwaj
AAP Minister Saurabh Bharadwaj filed an additional affidavit before the Supreme Court on July 8 this year, justifying the decision of the AAP government to forgo reservation for SC, STs in the appointment of 437 ‘private persons.’
In his affidavit, he referred to the letter by the Delhi Services Department and claimed, “…(It) makes an unsubstantiated and bogus claim that the extant reservation policy for temporary appointments lasting for 45 days or more has not been followed in case of the aforesaid engagements.“
“That it is common knowledge that reservation in government service is only given in direct recruitment and promotion and not where consultancy or deputation services are availed. Since the aforesaid engagements are done through composite method of deputation/contract, the extant reservation policy is not applicable to such engagements,” Bhardwaj said, claiming it has no basis in law.
In the same affidavit, the AAP leader claimed that the ‘private persons’ appointed by the Delhi government are alumni of premier institutions such as IIT Bombay, NALSAR, IIM Ahmedabad and the University of Cambridge. He also added that they play significant role in facilitating day-to-day functioning of the various Departments of the Delhi government.
Centre’s stance over reservation in temporary positions
On November 21 last year, the Union Ministry of Personnel, Public Grievances & Pensions issued an Office Memorandum (OM), reiterating that reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) must be provided in temporary appointments.
The only exception highlighted by the Ministry was for appointments, which are less than 45 days. “…It has been reiterated that in respect of appointments to Central Government posts and services, there shall be reservation for Scheduled Caste/ Scheduled Tribe/ Other Backward Class candidates in temporary appointments which are to last for 45 days or more,” the OM emphasised.
It further added that the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes has observed that the government’s directives are not being followed in letter and spirit.
