PIL 64/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI THE HON’BLE MR. JUSTICE B.P. KATAKEY (Ranjan Gogoi, J.) Heard Sri A. Ahmed, learned counsel for the petitioner. We have also hea rd Sri A.K. Phookan, learned Advocate General, Assam. The petitioner, who belongs to the Sikh community, was unsuccessful in t he selection that was conducted for appointment as Sub-Inspector of Police (Unar med Branch as well as Armed Branch). Seeking preference in the matter of public employment and espousing the cause of his community this PIL has been filed seek ing appropriate directions from the Court. The principal basis on which the claim made in the PIL has been structur ed is the Fifteen Point Programme announced by the Prime Minister of the country wherein under Clause 10 special consideration is to be given to minorities in r ecruitment to Central and State Police Force, Railways and Nationalised Banks et c. In the PIL full details of representation of the community in different areas of public employment have been highlighted to show that the representation of t he community has been virtually negligible. Hence the PIL seeking suitable direc tions from the Court. Having considered the matter at length, we are unable to accede to the p rayers made in this PIL. Reservation, preference or even special consideration i n recruitment to public services is to be afforded on the basis of laws made pur suant to policy decisions taken by the executive arm of the Govt. Such laws also have to withstand scrutiny of the Courts made on the anvil of the provisions co ntained in the Constitution. No law in force in the State by which the Sikh comm unity is entitled to any reservation, preference or special consideration has be en placed before us at the hearing. An attempt has been made to persuade the Court that the members of the S ikh community should be conferred such benefits under the provisions of the Assa m Districtwise Population Pattern Reflection Services (In Class III and Class IV Posts) Act, 1994. Section 4(1)(b) of the aforesaid Act has been placed before t he Court to contend that recruitment in Class III and Class IV posts in differen t services must conform to the percentage of Sikh population in the State. Though an issue on the aforesaid matter had been struck by this Court in its order dated 04.03.2009, we are not inclined to go into the said question. T he claim for preference or special consideration in public employment as made in the PIL is not on the basis of the aforesaid Act. That apart, from what has bee n stated by the learned Advocate General the task of examination and identificat ion of the population pattern in the State has not reached its finality. Unles s the population pattern of the State is identified in the light of the paramete rs laid in the aforesaid Act no effective direction can be granted by the Court. For the aforesaid reasons, we do not consider it expedient to entertain this PIL any further. It is accordingly disposed of with liberty to the petitioner to seek his legal remedies for due enforcement of the provisions of the Assam Districtwise Population Pattern Reflection Services (In Class III and Class IV Posts) Act, 19 94 in the event he is so inclined and so advised.