It has been revealed that the Gandaki state government has appointed non-Dalits in the Dalit reserved quota. Based on the recommendation of the Gandaki State Public Service Commission, the state government appointed Mukesh Sahni Malah, who belongs to Parsa Ghar, as the fifth level health assistant.

The dispute reached the Supreme Court after it was found that he belonged to the non-Dalit community and was admitted under the Dalit quota. The Supreme Court has issued an interim order stating that the decision to appoint other persons in the Dalit quota is prima facie illegal and should not be implemented.

The state government appointed Sahni and posted him in Mahashila Rural Municipality of Parbat district. Thus, this revelation came after the alternative candidate Devkrishna Mandal approached the Supreme Court with a complaint about the appointment of non-Dalits in the Dalit quota.

Mandal filed a writ with the State Public Service Commission, Gandaki State Government, Mahashila Rural Municipality, National Dalit Commission, Ministry of Home Affairs, District Administration Office Parsa and Malah as opponents. Judge Vinod Sharma's  The single bench has asked to maintain the status quo with the recommendation and appointment of Malah until the final decision of the writ is taken.

After the Supreme Court issued an interim order, the non-Dalit Sahni, who was appointed under the Dalit quota, will not be able to do any work. Similarly, the Supreme Court has also asked non-Dalits to submit reasons for appointment under Dalit quota. It has been seen that the Supreme Court has made an illegal decision by issuing an interim order in the preliminary hearing. 

How did Sahini get the appointment?

Gandaki State Public Service Commission published an open and inclusive competitive examination advertisement under advertisement number 5035/2081/082 on 12th November 2081, reserving one post of Health Assistant for Dalit community. Devkrishna Mandal also applied to compete in Dalit reserved posts.

He passed the written test and was selected for the interview. State Public Service Commission published the final result on 30 June 2082 . But Parsa's Mukesh Sahni Malah took the name for that post. On June 31, the commission decided to recommend non-Dalit community servants for appointment. On the basis of that recommendation, he was appointed by the provincial government to Mahashila Rural Municipality of Parbat on 4th July.

Dalit candidate Devkrishna Mandal filed a writ petition in the Supreme Court in the first week of August saying that putting himself in the alternative list has hurt the rights of the real Dalit community. In the writ petition, it was claimed that Sahni Malah does not belong to the Dalit community and that he is a middle-class non-Dalit person of Madhesi origin.

The National Dalit Commission has removed the surname 'Malah (Sahni)' from the Dalit caste list by the decision of 29 Asar 2078 . This information was sent by the Commission to the National Identity Card and Registration Department on July 2, 2078, and the department sent it to all local levels on July 18, 2078.

Mukesh Sahni Malah submitted the Dalit certificate provided by District Administration Office Parsa to the State Public Service Commission on 24 Baisakh 2076. According to Mandal's application, the Dalit certificate submitted by Malah has been invalidated in 2078. But the State Public Service Commission has recommended the appointment based on Malah's Dalit certificate from the district administration office.

The information about exclusion of Mallah/Malah/Sahni caste from Dalit was sent by the National Dalit Commission to the Public Service Commission of all seven states on 10 Baisakh 2082, when the candidate selection process was going on in Gandaki. Even after receiving the letter, the State Public Service Commission did not expel Malah from the selection process.

After Devkrishna Mandal submitted a petition to the National Dalit Commission against the appointment, the Commission wrote a letter to the State Public Service Commission on 22nd July 2082 to cancel Malah's recommendation. The State Public Service Commission did not take any action on the decision of the Dalit Commission. Then Mandal appealed to the court . 

Devkrishna Mandal requested in his writ to issue a mandate to appoint Mukesh Sahni Malah to the said post by canceling all the activities including the recommendation and appointment of Mukesh Sahni Malah. He has claimed that constitutional and legal rights have been violated, reservation has been done against the principle and it has created a 'double injustice'. 

The Supreme Court has held that based on the letter of the National Dalit Commission, the letter written to the Ministry of Home Affairs and the details of the Dalit caste schedule published by the Commission, it appears prima facie that 'Malah (Sahni)' caste does not belong to the Dalit caste . The court has demanded a written response from the opponents on this matter. The written reply is asked to be submitted within 15 days .

Gandaki State Public Service Commission spokesperson Nirajan Sharma said that the commission has not received the Supreme Court's interim order. We took the application based on the certificate given by the District Administration Office Parsa. After the application was approved, a letter came from the National Dalit Commission that Malah Dalit was not included,' he said, 'We couldn't stop it when the selection stage was already underway.'