The case against the Gandaki Province Public Service Commission for allegedly recommending a non-Dalit candidate under the Dalit quota is currently under consideration by the Supreme Court. The National Dalit Commission has sent letters to the public service commissions of all seven provinces, requesting the removal of certain castes/surnames from the Dalit list and the cancellation of related certificates. As the case is pending in the Supreme Court, the final decision will come from there, with the authenticity of the Dalit quota under dispute. April 15, Kathmandu.
A controversy has arisen over the result for the position of Health Assistant (HA) in the Health Inspection Group, fifth level, under the Public Service Commission. After allegations were made in the Supreme Court that a non-Dalit was recommended under the Dalit quota, the appointment has become disputed. According to the result published by the Gandaki Province Public Service Commission on July 16 last year, Mukesh Sahani Malah from Parsa was declared passed under the Dalit quota and recommended for Mahashila Rural Municipality in Parbat district.
However, Dev Krishna Mandal of Tiraht Rural Municipality-2, Saptari, who was first on the alternative list for the same position, has claimed that this recommendation violates rules and has petitioned various authorities seeking justice. Mandal submitted written applications to the National Dalit Commission, the Public Service Commission, and the Ministry of Home Affairs, arguing that a non-Dalit was recommended under the Dalit quota. His case has been under review at the Supreme Court for about eight months.
Meanwhile, on July 24, 2022, the National Dalit Commission sent an ‘urgent’ letter to the public service commissions of all seven provinces nationwide. The Commission informed that during its meeting on July 13, 2021, it decided to remove certain castes/surnames—including Patwa, Chitlar, Bin, Mukhia, Malah (Sahani), Lohar, and Godhriya—from the Dalit list under the Terai-Madheshi community category. The letter instructed the relevant bodies to revoke Dalit certificates issued to individuals with these surnames and to ensure that members of non-Dalit communities are not recommended under the Dalit quota.
The Commission reported receiving complaints that some District Administration Offices have issued Dalit certificates to individuals of these surnames, and based on those certificates, candidates participated in Public Service Commission exams and were even recommended under the Dalit quota. There is concern that some individuals may have also received social security allowances using those certificates. In this context, the Commission communicated with the Ministry of Home Affairs, Ministry of Federal Affairs and General Administration, the Public Service Commission, and the provincial commissions, requesting them to cancel those certificates and prevent non-Dalit community members from being recommended under the Dalit quota.
After Dev Krishna Mandal’s petition, the National Dalit Commission on August 18 requested further clarification from the Gandaki Province Public Service Commission. In response, the Commission replied within six days, clarifying that Mukesh Sahani had submitted documents fulfilling the minimum qualifications along with a Dalit certificate issued by the Parsa District Administration Office; consequently, his application was accepted, and after completing the entire examination process, he was recommended. The ambiguity regarding the authenticity of the Dalit quota and the caste list has rendered the issue controversial. Since the case is under consideration in the Supreme Court, the final verdict is expected from the Court.
Mandal stated, ‘I feel I have been subjected to injustice. I have been appealing to various authorities for the past eight months. The Supreme Court has extended deadlines repeatedly. Non-Dalits should not be allowed to benefit under the name of Dalit. I am truly suffering from injustice.’
