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2146 Wed 22 Feb 2017 LESSONS Karnataka BSP agitation on Reservation in promotion at all district head quarters including at Town Hall Bangalore at 10:30 AM http://post.jagran.com/…/bsp-mayawati-on-reservation-for-sc… http://www.india.com/…/mayawati-criticises-mohan-bhagwats-…/ Mayawati criticises Mohan Bhagwat’s remarks on quota regime-
Filed under: General
Posted by: @ 7:36 am



2146 Wed 22 Feb 2017

LESSONS


Karnataka BSP agitation on Reservation in promotion at all district head quarters including at Town Hall Bangalore at 10:30 AM

http://post.jagran.com/…/bsp-mayawati-on-reservation-for-sc…

http://www.india.com/…/mayawati-criticises-mohan-bhagwats-…/

Mayawati criticises Mohan Bhagwat’s remarks on quota regime


BSP supremo Mayawati  attacked RSS chief Mohan Bhagwat’s statement
on review of quota regime and threatened a nationwide protest against
Modi if it “toed” the line of the Sangh leader. “If the Modi tries to
toe the line of Bhagwat, if it tries to tamper with the humanitarian
provision of reservation as enshrined in the Constitution, then BSP will
launch a nation-wide mass agitation which will prove costly to Modi”
she said.

The former Uttar Pradesh Chief Minister said the RSS
wants to push the SC/STs and the downtrodden back into the “dark ages of
exploitation” against which B R Ambedkar had to struggle and framed a
Constitution based on humanitarian considerations. She claimed Bhagwat’s
remarks have created a lot of anguish among the SC/STs and the
backwards. “But so far neither Modi nor the BJP have come out openly to
reject the demand of the RSS for which the BSP criticises them in
strongest possible words.”

She “warned” Modi of a nation-wide
stir if it takes any step in favour of the RSS chief’s demand. “We did
the same during the rule of Atal Bihari Vajpayee government when it
tried to end reservation in the garb of Constitution review. The then
government was forced to withdraw its agenda,” she said. She said BSP is
concerned on the issue of review of the reservation policy as the reins
of the Modi are in the hands of the RSS. “Modi can any time definitely
do something in one way or the other to tamper with the arrangement of
reservation.

Therefore, we will keep a vigil on the issue,” she
said. Dubbing BJP and Congress as “extremely casteist”, Mayawati said
the two have done little to improve the condition of the SC/STs and the
backwards in the last several years.The former UP Chief Minister alleged
that while reservation in promotion system has virtually come to an
end, there are several vacancies in government jobs meant for SCs and
STs which are not being filled.

She said once a constitutional
amendment bill granting reservation in promotion is cleared by
Parliament, it will help the downtrodden. But the Congress and the BJP,
she alleged, are going slow on the subject.

Referring to BJP and
RSS, she said they are only interested in “communal issues like ‘ghar
wapsi’ and ‘love jehad’ but atrocities on SC/STs and backwards never
perturb them.” Bhagwat had remarked that as reservation has been used as
a political tool, there was a need to review the reservation policy.
Bhagwat’s remarks came amid the continuing Patel quota stir in Gujarat.
He said though “interest groups” do get formed in democracy, aspirations
of one section should not be met at the cost of others. In an interview
to Sangh organs ‘Organiser’ and ‘Panchjanya’, the RSS chief had pitched
for constitution of a committee with representatives from the civil
society to go into the issue.

Mohan Bagawat is a dropout and not a
Constitutional expert. He wants all the top administrative posts in
service sector under brahmins to continue. Reservation in promotions
dilutes this system where SC/ST/OBCs also occupy these posts.Infact
there must be a collegate system in the top administrative posts such
as CJI, CEC etc., representing SC/STs/OBCs/Minorities and poor upper
castes for protecting justice for sarvajan Samaj. Not only in service
sector even in trade, business and all other sectors there must be
reservation for equal distribution of wealth as enshrined in our modern
constitution for Sarvajan Hitay Sarvajan Sukhaya i.e., for the welfare,
happiness and peace of all socities.


He said though
india.com|By Press Trust of India

Mayawati seeks Constitutional amendment for SC, ST promotional quota


BSP supremo Mayawati on Monday demanded that the Centre bring a
Constitutional amendment bill during the current session of the
Parliament to provide for reservation to SC and ST government employees
in promotions.

reservation to SC and ST government employees in
promotions, BSP Mayawati for SC ST promotion quota, BSP Mayawati on
reservation for SC ST in promotions, SC ST reservation in Uttar
Pradesh ,

http://www.prsindia.org/billtrack/constitution-one-hundred-seventeenth-amendment-bill-2012–2462/

http://www.thehindu.com/elections/uttar-pradesh-2017/mayawati-accuses-modi-of-giving-casteist-communal-colour-to-uttar-pradesh-poll-campaign/article17341131.ece

http://www.thehindu.com/…/mayawati-accu…/article17341131.ece


Modi had said each village needs to have a graveyard and a cremation
ground and people should get power on Eid as well as Diwali without
discrimination.

After dubbing Prime Minister Narendra Modi as
“Mr. Negative SC/ST Man”, BSP chief Mayawati on Tuesday charged him and
the BJP with trying to give a “casteist and communal tinge” to the poll
campaign in Uttar Pradesh.

“In the
past couple of days, BJP and its top leaders, including Modi, have been
issuing wrong statements after assessing that the party has fared badly
in the first three phases of polling,” she said in a statement in
Lucknow.

Referring to Mr. Modi’s “graveyard-cremation ground” and
“Diwali-Eid” comments, Ms. Mayawati said such a view is aimed at giving
casteist and communal colour to polls.

At a rally in Fatehpur on
Sunday, Modi said each village needs to have a graveyard and a
cremation ground and the people should get power on Eid as well as
Diwali without discrimination.

Ms. Mayawati said Modi should get
cremation ground in each village in BJP-ruled States first and then talk
about it in Uttar Pradesh.

“Modi seems to be giving polls
casteist and communal hue… before saying this, he should see whether
every village in BJP-ruled States like Haryana and M.P. have the same
facility,” she said.

“Such kind of wrong statements prove that
they have stooped to politics of lies,” she said, adding the BJP has
lowered the level of politics which is not good for democracy.


“Modi says BJP does not indulge in caste and communal politics, but this
is wrong,” Ms. Mayawati said, also citing the Rohith Vemula case.


She said the BJP has not given ticket to even a single Muslim candidate
in U.P. which has some 18 to 20% population of the community.


The BSP on the other hand has given representation to all castes and
religions in ticket allocation without discrimination, unlike the BJP
and Modi, she claimed.

The BJP, and especially Modi, are
“frustrated” and have stooped to “petty” politics, she said, adding this
indicates they are far from coming to power.

Stressing that her
party is poised for a full majority in the elections, she said the BJP
and the Samajwadi Party-Congress alliance are fighting for second and
third spots.


The
Prime Minister had said each village needs to have a graveyard and a
cremation ground and people should get power on Eid as well as Diwali
without discrimination.
thehindu.com|By PTI


https://www.youtube.com/watch?v=Vjl3DrhoWa8&t=7s
खबरदार चुनाव जीतने के लिए भाजपा EVM से छेड़छाड़ कर सकती है | BJP may distort EMV to win election
now with just 20 constituencies out of 403 constituencies the EVMs have been replaced with VVPAT
Hence Venkaya Naidu and Amit Shaw say they are confident of winning as it happened in 2014 Lok sabha elections.
Ms
Mayawati’s BSP has already got 80% seats in UP Panchayat elections
which was conducted with Ballot papers. Now with DENONetisation she will
win all the seats. In 2019 entire EVMs will be replaced said the CEC.
Bahen Mayawati is being called as Mother Maha mayawati of Prabuddha
Bharath.

Since Congress started distorting EVM in its favour and
then SP to defeat BSP, It has to be watched as to whose benefit
distorting, rigging and tampering will take place. Now the whole world
is aware of the fact that the EVM could be distorted.
 
खबरदार चुनाव जीतने के लिए भाजपा EVM से छेड़छाड़ कर सकती है | BJP may distort EMV to win election
Just
1% intolerant, violent, militant, shooting, lynching, lunatic, mentally
retarded, terrorist, horrorist cannibal chitpawan brahmin of Rakshasa
Swayam Sevaks (RSS) Jagaran had projected 300 seats for Bahuth Jiyadha
Psychopaths (BJP) and was booked for action.
When the BJP was in opposition the RSS favoured paper
ballots. Now since BJP is in power the want these EVMs to keep tampering
in their favour.

http://news.webindia123.com/…/A…/India/20100828/1575461.html

RSS favours paper ballots, EVMs subjected to public scrutinyNew Delhi | Saturday, Aug 28 2010 IST

Joining
the controversy regarding the reliablity of Electronic Voting Machines
(EVMs) which have been questioned by political parties, the RSS today
asked the Election Commission (EC) to revert back to tried and tested
paper ballots and subject EVMs to public scrutiny whether these gadgets
are tamper proof. In an editorial titled ‘Can we trust our EVMs?’, The
Organiser, the RSS mouthpiece, noted it was a fact that till date an
absolutely tamper-proof machine had not been invented and credibility of
any system depends on ‘transparency, verifiability and trustworthiness’
than on blind and atavistic faith in its infallibility. The issue is
not a ‘private affair’ and it involves the future of India. Even if the
EVMs were genuine, there was no reason for the EC to be touchy about it,
the paper commented. The Government and the EC can’t impose EVMs as a
fait accompli on Indian democracy as the only option before the voter.
There were flaws like booth capturing, rigging, bogus voting, tampering
and ballot paper snatching in the ballot paper system of polling leading
the country to switch over to the EVMs and all these problems were
relevant in EVMs too. Rigging was possible even at the counting stage.
What made the ballot papers voter-friendly was that all aberrations were
taking place before the public eye and hence open for corrections
whereas the manipulations in the EVMs is entirely in the hands of powers
that be and the political appointees manning the sytem, the paper
commented. The EVM has only one advantage — ’speed’ but that advantage
has been undermined by the staggered polls at times spread over three to
four months. ‘’This has already killed the fun of the election
process,’’ the paper noted. Of the dozen General Elections held in the
country, only two were through the EVMs and instead of rationally
addressing the doubts aired by reputed institutions and experts the
Government has resorted to silence its critics by ‘intimidation and
arrests on false charges’, the paper observed, recalling the arrest of
Hyederabad-based technocrat Hari Prasad by the Mumbai Police. Prasad’s
research has proved that the EVMs were ‘vulnerable to fraud’. The
authorities want to send a message that anybody who challenges the EC
runs the risk of persecution and harassment, the RSS observed. Most
countries around the world looked at the EVMs with suspicion and
countries like the Netherlands, Italy, Germany and Ireland had all
reverted back to paper ballots shunning EVMs because they were ‘easy to
falsify, risked eavesdropping and lacked transparency’. Democracy is too
precious to be handed over to whims or an opaque establishment and
network of unsafe gizmos. ‘’For the health of Indian democracy it is
better to return to tried and tested methods or else elections in future
can turn out to be a farce,’’ the editorial said.– (UNI) — 28DI28.xml

http://www.assam123.com/america-enlisted-rss-one-biggest-t…/

BJP (Bahuth Jiyadha Psychopaths) remotely controlled by just 1%
intolerant, militant, shooting, lynching, lunatic, mentally retarded
chitpawan brahmin psychopaths of RSS (Rakshasa Swayam Sevaks ) for their
stealth, shadowy, discriminatory hindutva cult rashtra are themselves
the top terrorists of the world.

America enlisted RSS in one of the Biggest Terrorist Organisation in the World

A US-based risk management and consulting company has put the Rashtriya
Swayamsevak Sangh (RSS) in its category of ‘Threat Group’ and called it
“a shadowy, discriminatory group that seeks to establish a hndutva cult
rashtra.”

Terrorism Watch & Warning provides intelligence,
research, analysis, watch and warning on international terrorism and
domestic terrorism related issues; and is operated by OODA Group LLC
that helps clients identify, manage, and respond to global risks and
uncertainties while exploring emerging opportunities and developing
robust and adaptive strategies for the future.

The RSS was
banned in 1948 following the assassination of Mahatma Gandhi by an
chitpawan brahmin as the owners of RSS member, Nathuram Godse.

Violence as ‘Group Activities’ for the RSS, “Violence has been a
strategy for the Sangh movement against minority groups. Stealth shadowy
discriminatory hindutva cult has been clear about the need for
violence, particularly communal riots. The Sangh has incited rioting to
cause further chasms between religions, and thus a further separation of
religions, and to rally the Hindu community around the philosophy of
hindutva cult.”

The Terrorism Watch & Warning database
contains over 1,00,000 Open source intelligence (OSINT) excerpts from
1999 to present on terrorism and security related issues, attack
database of over 10,000 attacks, original terrorism analysis, terrorism
document repository, Homeland Security Fact Sheets and profiles over 500
Terrorist/Threat Groups.

http://www.abplive.in/…/uttar-pradesh-elections-bjps-legal-…

http://timesofindia.indiatimes.com/…/articlesh…/49943534.cms

KOLKATA: Claiming that the activists of the Rashtriya Swayamsevak Sangh
(RSS) have been indicted in at least 13 terror cases across India,
former Maharashtra inspector general of police S M Mushrif on Thursday
described the BJP’s ideological mentor as India’s number one terrorist
organisation.

“RSS activists have been chargesheeted in at least
13 cases of terror acts in which RDX has been used. If organisations
like Bajrang Dal are taken into the account, then the number of such
cases goes up to 17,” Mushrif said at an event in Kolkata.

“The
RSS is India’s number one terrorist organisation, there is no doubt on
this,” said Mushrif, referring to the 2007 Mecca Masjid bombing in
Hyderabad, the 2006 and 2008 Malegaon blasts in Maharashtra and the 2007
Samjhauta Express bombings among others.

During elections they
attempt to provoke violence by raking up issues such as Triple Talaq,
Removal of reservation, RSSIse Ram Temple, RSSised anti-reservationist
Sardar patel statue and RSSised Shivaji statue costing Rs 3000 crores
each.But not for replacing the entire EVMs which costs Rs 1600 crores
according to ex CEC Sampath because of which the ex CJI had committed a
grave error of judgement by ordering that the EVMs should be replaced in
a phased manner. Only 8 out of 543 lok Sabha 2014 were replaced. This
helped Murderer of democratic institutions (Modi) to gobble the Master
Key. Henve without any fear he is indulging in issues like the
DEMONItisation anti reservation etc.,
The present CEC says taht
only in 2019 the entire EVMs will be replaced. Till such time he never
ordered for Ballot Papers to be used which helped BSP of Ms Mayawati ti
win majority seats in UP Panchayat elections.

It is the duty of
all people for democracy, liberty, freedom, equality and fraternity as
enshrined in our Modern Constitution including the present CJI to
dissolve all Central and State governments selected by these fraud EVMs
and go for fresh elections with Ballot Papers till entire EVMs were
replaced.

And to initiate legal action on BJP and RSS for their terrorist activities.And also ban these outfits.

America enlisted RSS in one of the Biggest Terrorist Organisation in the World – Assam123.com English
A
US-based risk management and consulting company has put the Rashtriya
Swayamsevak Sangh (RSS) in its category of ‘Threat Group’ and called it
“a…
assam123.com

The Constitution (117th Amendment) Bill, 2012

  • The Constitution (One Hundred Seventeenth Amendment) Bill, 2012 was
    introduced in the Rajya Sabha on September 5, 2012 by Mr. V
    Narayansamy, Minister of State for Personnel, Public Grievances and
    Pensions.

  • In 1992, the Supreme Court in the case of Indira Sawhney v Union of
    India had held reservations in promotions to be unconstitutional. 
    Subsequently in 1995, the central government had amended the
    Constitution and inserted Article 16(4A).  This provided for reservation
    in promotions for Scheduled Castes and Scheduled Tribes which in the
    opinion of the state are not adequately represented in the services.

  • In 2006, the Supreme Court in the case of M. Nagraj v Union of
    India upheld the constitutional validity of the amendment.  While
    upholding the validity of the amendment,  the court held that before
    framing any law on this issue, the state will have to satisfy the test
    of; (a) backwardness of the particular SC and ST group; (b) inadequate
    representation of the said group; and (c) efficiency of administration.

  • In April 2012, the Supreme Court struck down the UP Government
    Seniority Rules which provided for reservations in promotions.   The
    court held that the state government had not undertaken any exercise to
    identify whether there was backwardness and inadequate representation of
    Scheduled Castes and Scheduled Tribes in the state government.

  • In light of the recent judgment of the Supreme Court, the central
    government has introduced the present Bill amending the Constitution.
    The Bill seeks to substitute Article 16(4A) of the Constitution of
    India. 

  • The Bill provides that all the Scheduled Castes and Scheduled
    Tribes notified in the Constitutional shall be deemed to be backward.  

  • Article 335 of the Constitution states that the claims of the
    Scheduled Castes and Scheduled Tribes have to be balanced with
    maintaining efficiency in administration.  The Bill states that
    provision of the amendment shall override the provision of Article 335.

http://www.legalservicesindia.com/article/article/critical-analysis-on-reservation-policy-in-india-1331-1.html

Critical Analysis on Reservation Policy in India


Introduction & Research Methodology
The provisions available in the Constitution
of India, based on which orders relating to reservations in services
for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward
Classes (OBCs) have been issued by Department of Personnel &
Training and Ministries of Social Justice of Government of India. The
provisions made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution
relate to reservation, protection and safeguards, in public employment
in respect of the persons belonging to the SCs/STs and other backward
classes.

Article
16 enables the ‘State’ to make provisions for reservation of
appointments or posts in favour of SCs, STs and OBCs. However, the
detailed provisions regarding the quantum and the applicability of
reservation in appointment or posts are governed by the orders issued
from time to time by the Department of Personnel &Training,
Ministry of Personnel, Public Grievances and Pension, Government of
India. The applicability of reservation orders is dependent on the
method of recruitment. Not only the percentage of reservation but also
the procedure of the application of reservation will depend and vary
according to the method of recruitment

However the job
reservation policy has three important flaws. First, it has a
“discriminatory bias against Muslims who do not benefit from such
policies”. Second, it emphasises caste or tribe rather then income or
wealth:

The goal of reservation in India has been to bring
about an improvement in the welfare who, historically, have been
economically and socially depressed. But, in arriving at this judgement
about who should be eligible for reservation, the criterion has been a
person’s caste rather than his income or wealth. Consequently, groups
belonging to what Article 115 of the Indian Constitution
calls “socially and educationally backward classes” have benefited
from reservation even though, in practice, many of these groups could
not be regarded as “backward”. This has meant that many of the benefits
of reservation have been captured by well-off groups from the
depressed classes (for example, chamars from the SC) while poorer
groups from the depressed (for example, bhangis from the SC) have
failed to benefit.

Statement of Problem / Research Question
However the job reservation policy has three important flaws. First, it
has a “discriminatory bias against Muslims who do not benefit from
such policies”. Second, it emphasises caste or tribe rather then income
or wealth:

The goal of reservation in India has been to bring
about an improvement in the welfare who, historically, have been
economically and socially depressed. But, in arriving at this judgement
about who should be eligible for reservation, the criterion has been a
person’s caste rather than his income or wealth. Consequently, groups
belonging to what Article 115 of the Indian Constitution
calls “socially and educationally backward classes” have benefited
from reservation even though, in practice, many of these groups could
not be regarded as “backward”. This has meant that many of the benefits
of reservation have been captured by well-off groups from the
depressed classes (for example, chamars from the SC) while poorer
groups from the depressed (for example, bhangis from the SC) have
failed to benefit.

Objective
The objective of this project is:
Ø To study the implementation of reservation policy.
Ø To find out the actual need of the reservation policy.

Hypothesis
The researcher has made certain assumption in the beginning of the
research project which are going to be tested during the project, they
are the following.
Ø The reservation policy for jobs for SC & ST should be changed. As there is vast change in today’s condition.
Ø The reservation policy should be based on the economical basis not on
the class or caste basis. If it caste based then we are only creating
discrimination with them.

Scope Of The Study
The research is a doctrinal research. The researcher here would like to
study only the judicial viewpoints in the appointment of SC & ST
in various jobs in public and private sector. The researcher has tried
to analysis the topic by studying various authors, experts, cases of
The Indian Apex Court and High courts, articles, etc. The researcher
has strictly followed the boundary and has studied only with reference
to Indian authors, experts, cases, etc.

Welfare Schemes
Information is also collected in respect of benefits accruing under
different central/state sponsored schemes to Scheduled Tribe Workers
and their families. The concepts of sub-plan approach for tribal
development are being formulated and implemented in the state since the
beginning of the 5th plan. The blocks having 50 per cent tribal
concentration are brought under the umbrella of the tribal Sub-Plans.
The tribal Sub-Plan envisages the integrated development of the Tribal
area in which all programmes irrespective of their source of funding
operate in unison to achieve a common goal or bringing the area at par
with the rest of the state and to improve the quality of life of
Tribals. Integrated Tribal Development Agencies were formed to
co-ordinate implementation of various Schemes.

There are some
other social welfare schemes in vogue in the state viz. Old Age
Pension/WP, National Old Age Pension Scheme, Gujarat Disability Pension
Scheme, National Family Benefit Scheme, Personal Accident Insurance
Social Security Scheme, Supply of Special Aids and Appliances to
Handicapped persons and scholarships to disabled students. It has been
reported that Scheduled Tribe families were benefited by these schemes
in Schedule Tribe belt area. Gujarat Scheduled Castes and Scheduled
Tribe Development Finance Corporation was providing economic assistance
to SC/ST families living below the poverty line by way of arranging
institutional credit under the Margin Money Loan Programme (MMLP) for
various income generating schemes. Apart from the above schemes,
Scheduled Tribe students were given scholarships, books, boarding and
lodging facilities to the eligible students in order to promote
literacy and education amongst Scheduled Tribes.

Two types of
schemes were run by the Labour Welfare Organization in Gujarat, one for
the direct benefit for workers and the other for managements. The
schemes for direct benefit of Schedule Tribe workers pertain to health,
housing and education. Under health sector there are schemes for the
benefits of T.B. patients, Leprosy patients, Mental Patients, schemes
for supply of free spectacles, scheme for Cancer patients, schemes for
reimbursement of expenditure as financial assistance to S. T Workers
suffering form heart disease, kidney transplantation etc and fatal and
serious accidents benefits scheme. Under these schemes different type
of benefits like free treatment, medicines, subsistence allowance,
traveling allowance, diet charges, reimbursement of expenditure,
financial aid etc. are given to the Scheduled Tribe workers. Under
housing sector assistance upto Rs.40,000/- is provided to Scheduled
Tribes to construct a new house or repair of the old house with some
conditions. In additions to the above welfare schemes, the following
schemes run by the office of Vigilance Officer for the Tribal
development for the development of the Scheduled Tribe are in four
parts (1) Education (2) Economic development (3) Health and housing (4)
Administration, Directions etc.

Education Scheme
Examination Fee: The students in SSC and equivalent standard appearing
in the SSC board examination are provided with examination fee ranging
from Rs 170/- to Rs. 200/- Scholarship: Students with 38 per cent
results in Govt. Schools, Govt. recognized schools and with 45 per cent
result in Private Schools were given yearly scholarship of Rs.125/- to
Rs.200/- per year. Tuition fee of Rs.250/- p.m. paid to the students
whose parents/guardian income was less than Rs.24000 p.a. Scholarship
were also sanctioned to girl students whose family income exceeds
between Rs.50,920 p.a. Engineering medical & B. Sc(Agri) Diploma
courses are given Rs.510 to Rs.740/- for Residential hostel, while for
the day scholars it is Rs.330/ p.m. In addition to the above narrated
schemes the following schemes are also in vogue (i) free uniform (ii)
food assistance scheme (iii) free Bicycle scheme (iv) financial
assistance to medical and engineering students to purchase educational
equipments upto Rs 1000/- (v) cash payment scheme to S. T. college
students and (vi) Balwadi scheme in which 90 per cent to 100 per cent
Grant-in-aid was provided. Under the housing sector, assistance upto
Rs.40,000 is provided to Scheduled Tribes to construct or purchase a new
house or repair of the old house.

Some of the other welfare
schemes are also functioning like Social education camps are arranged
to educate the S.T people to take out from backwardness and to give
information about these schemes and for these camp Rs.5000/- has been
sanctioned. The Public cell Scheduled Tribe Atrocities Assistance also
provides atrocity assistance. Kunwar bair Noo Mameroo assistance and
Saat Phere Samooh Lagna scheme were also in vogue and Rs.1000 to
Rs.5000 are given.

Reservation In Service For Sc & ST
In this Unit we shall discuss the provisions available in the Constitution
of India, based on which orders relating to reservations in services
for Scheduled Castes (SCs), Scheduled Tribes (STs) and other Backward
Classes (OBCs) have been issued by Department of Personnel &
Training and Ministries of Social Justice of Government of India. The
provisions made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution
relate to reservation, protection and safeguards, in public employment
in respect of the persons belonging to the SCs/STs and other backward
classes.

3.1 Constitutional Provisions
Every Constitution has philosophy of its own. The Preamble of our Constitution
proclaims the resolution of PEOPLE OF INDIA to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR AND DEMOCRATIC REPUBLIC and to secure to
all its citizens:

JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship; EQUALITY of
status and opportunity; and to promote among them all ; FRATERNITY
assuring the dignity of the individual and the unity and integrity of
the Nation. The ward ’social justice’ in the Preamble implies
recognition of greater good to a larger number without deprivation of
legal rights of anybody.

The concept of equality, enshrined in the Preamble has also found expression as a fundamental right in Article 14 to 16, which we shall discuss in the next section.

3.1.1 Right To Equality-Article 14
The Article 14 of the Constitution is one of the fundamental rights of the Constitution of India. Let us now know about this Article. Article 14 of the Constitution
reads: “The state shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India” What
do the two phrases in this Article
namely “equality before the law” and “equal protection of law” mean?
On the face of it the two phrases may seem to be identical, but in
fact, they mean different things.

While “Equality before the
law” is negative concept; “equal protection of laws” is a positive one.
The former declares that everyone is equal before law, that no one can
claim privileges and that all classes are equally subject to the
ordinary law of the land. “Equal protection of Law”, on the other hand
means, that among equals, the law should be equal and equally
administered. That like should be treated as like. Or in other words,
persons differently circumstanced need not be treated in the same
manner. For example ‘Equal protection of Law’ does not mean that every
persons shall be taxed equally, but that persons under the same
category should be taxed by the same standard. The guarantee of “equal
protection” thus is a guarantee of equal treatment of persons in “equal
circumstances” permitting differentiation in different circumstances.
If there were a reasonable basis for classification, the legislature
would be entitled to make different treatment. Thus, the legislature
may (i) exempt certain classes of property from taxation at all, such
as charities, libraries etc; (ii) impose different specific taxes upon
different trades and profession.


Illustration of reasonable classification: Yusuf V. State of Bombay, AIR.1954 S.C.321

3.1.2 Safeguards for public employment(Art-16)
In the previous section we learnt about Article 14 and the doctrine of equality”. In this Unit we will learn in detail about Article 16, which is regarding equality of opportunity in the matter of employment under State Article
16 of the constitution provides for equality of opportunity for all
citizens in matters relating to employment or appointment to any office
under the state. Article 16 reads as under:

Clause(1):There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any office under the
State.

Clause(2):No citizen shall on grounds only of religion,
race, caste sex, descent, place of birth, residence or any of them, be
ineligible for, or discriminated against in respect of any employment
of office under the State.

Clause (3): Nothing in this article
shall prevent Parliament from making any law prescribing, in regard to a
class or classes of employment or appointment to an office under the
Government of or any local or other authority within, a State or Union
Territory, any requirement as to residence within that State or Union
Territory prior to such employment or appointment.

Clause (4)- Nothing in this Article
shall prevent the State from making any provision for the reservation
of appointments or posts in favour of any backward class of citizens
which in the opinion of the State, is not adequately represented in the
services under the state”.

Clause (4-A): Nothing in this
article shall prevent the State from making provision for reservation
in matters of promotion to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and the
Scheduled Tribes, which in the opinion of the State are not adequately
represented in the service of the State.

Clause (4-B): Nothing
in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year
in accordance with any provision for reservation made under clause (4)
or Clause (4-A) as a separate class of vacancies to be filled up in any
succeeding year or years and such class of vacancies shall not be
considered together with the vacancies of the year in which they are
being filled up for determining the ceiling of fifty percent
reservation on total number of vacancies of that year (Constitution 81stAmendment Act, 2000).

3.1.3 Limitations of the Safeguard-Article 335
Article 335 of the Constitution
originally read as under:- “ The claim of the members of the Scheduled
castes and the Scheduled Tribes shall be taken in to consideration,
consistently with the maintenance of efficiency of administration, in
the making of appointments to services and posts in connection with the
affairs of the Union or of the State.”

The Hon’ble Supreme Court has held in a number of cases, that Article 335 operates as a limitation to the provision contained in Article 16(4) though Article 16(4) does not specifically refer to Article
335 or raise any question of maintenance of efficiency of the
administration. Thus, reservation for the backward class will be struck
down as violative of Article
14 and 16(1), if it is unreasonably excessive. While forming an
opinion for making reservations the State shall also take cognisance of
the limitation set out in Art.335 i.e. whether making reservation is
consistent with the maintenance of efficiency of administration. 82nd
Amendment Act, 2000, amended the Article
335. The background for the amendment was that the Hon’ble Supreme
Court in the case of S.Vinod Kumar Vs. U.O.I had held that the various
instructions of Government providing for lower qualifying marks/lesser
standard of evaluation in matter of promotion for candidates belonging
to SC/ST are not permissible in view of the provisions contained in Article
335. In view of this decision the various orders regarding lower
qualifying marks/standard of evaluation for SC/ST in the matter of
promotion were withdrawn by the Government w.e.f. 22.7.97. However, the
Parliament decided to once again restore the relaxations and concession
in promotion and the following proviso to Art.335 were added:-
“Provided that nothing in this Article
shall prevent in making of any provisions in favour of the members of
the Scheduled Castes and Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the standards of evaluation, for
reservation in maters of promotion to any class or classes of services
or posts in connection with the affairs of the Union or of a State”

3.2 Percentage of reservation
The percentage of reservation for each category viz. SC, ST and OBC in
Promotion and Direct Recruitment as these are the only two methods of
recruitment to which the orders on reservation are applicable. In
general of SC it is 15%, for ST it is 7.5% & for OBC it is 27%

3.3 Reservation In Direct Recruitment
In the previous Unit, we learnt about the three categories of direct
recruitment viz. (i) All India basis by open competition (ii) All India
basis otherwise than open competition and (iii) recruitment to Group
‘C’ and ‘D’ posts normally attracting candidates from a locality or
region. Until September 1993, in the method of ‘Direct recruitment’,
reservations of posts were only for SCs and STs. From September 1993
reservation for OBCs has also been provided in the case of direct
recruitment. The percentage of reservation for SC, ST and OBC is
different in each of the three types of direct recruitment and is shown
in

the table-1 below: -



Sr. No.

 

Category

Share of Entitlement

SC

ST

OBC

 

1

Direct recruitment on all-India

basis by open competition

15

7.5

27

2

Direct recruitment on all-India

basis otherwise than by open

competition

16 2/3

7.5

25.84

3

Direct Recruitment to Group

‘C’ & ‘D’ posts which normally

attract candidates from a

locality or region

Generally in proportion to the population of

SCs, STs and OBCs in the respective

States/Union Territory.

Table 1


%age in Recruitment made through Staff Selection Commission (SSC) by
Open Competition In the previous section we learnt about the percentage
of reservation in the three types of direct recruitment. So far as
recruitment by Staff Selection commission is concerned, the percentage
of reservation is further governed by the OPT’s O.M.No
.36011/9/82-Estt.(SCT) dated 8.2.83.

The examination conducted by SSC involves a mixture of following two kinds of nomination: -

1. On the basis of a single common All India list and;
2. On the basis of zone-wise lists
(the whole country having been divided into a number of zones where
each zone corresponds more or less to a State/U.T) drawn up in
accordance with the centre-linked-zonal scheme under which candidates
are eligible to be considered for appointment to posts in offices
located in the Zone in which the centre of examination opted by the
candidates falls, though the examination is common . where they have
taken the examination. In view of this the percentage of reservation
applicable in case the recruitment is through SSC can be put in tabular
form as under:-

Recruitment Made Through SSC



RECRUITMENT MADE THROUGH SSC

 

Sr. No.

 

Method

Share of Entitlement

SC

ST

OBC

1

 

Organisations, which receive candidates from a single common

All India, list.

15

7.5

27

2

 

 

Organisations which receive candidates from the list prepared

by SSC on the basis of Centrelinked zonal basis

 

Proportion to the population of

SC/ST/OBC of State.

3

Organisations spreading into

more than one State/Union Territory

Roster to be drawn up in consultation

with DOPT taking into consideration

the population of SC/ST/OBC in such

areas


The percentage of reservation for SC, ST and OBC in respect of each
State and Union Territory has been prescribed by the Department of
Personnel & Training and is available in the ‘Brochure on
Reservation in Service’ (8th Edition) at P.P 494-502)

For
example the percentages of the following States are Andhra Pradesh - 15
SC/ 06 ST/ 27OBC Karnataka - 15 SC/ 05 ST/ 27 OBC Tamil Nadu - 19 SC/
01 ST/ 27 OBC

Manipur - 01 SC/ 27 ST/ 22 OBC Sikkim - 06 SC/ 23 ST/ 21 OBC West Bengal - 22 SC/ 06 ST/ 22 OBC

3.4 Percentage of reservation in promotion
In the previous section we learnt that the percentage of reservation in
the case of direct recruitment varied according to the various types
of direct recruitment. However, the percentage of reservation in
promotion is uniform i.e. 15% for SC and 7.5% for ST, irrespective of
the mode of promotion.

We had seen in the case of direct
recruitment that reservation is applicable to all level of posts. Is
the position same in the case of promotion also? The answer is ‘NO’.

In seniority-cum-fitness mode, reservation in promotion is applicable
to all level of posts i.e. in Groups C & D, Group C to Group B,
within Group B, from Group B to Group A and within Group A. But in
selection mode, reservation is NOT applicable in promotion within Group
‘A’. Promotion “Within Group A “ means, that the lower post (feeder
post) and the higher post to which promotion is taking place, both
belong to Group ‘A’.

The applicability of reservation in various modes of promotion can be indicated in the table-3 below: -



Mode of promotion

 

Reservation applicable:

YES

NO

Limited Departmental Competitive

Examination (LDCE):

 Groups B,C & D.

Yes

 

 

 

Seniority-cum-fitness:

In all groups (Groups A, B, C & D.)

Yes

 

 

 

 

 

selection

Groups C & D, Group C to Group B,

within Group B, from Group B to

lowest rung of Group A.

Yes

 

 

 

Lowest rung of Group A to higher

group A posts.

 

No


In the table-3 you can see that reservation in “Selection” mode is
applicable upto the lowest rung of Group ‘A’. The lowest rung of Group A
can either be the scale of Rs.8000-13500 (pre-revised 2200-4000) or
could be 10000-15200 (pre-revised 3000-4500) , depending on whether the
promotion in the particular service takes place from group ‘B’ to
8000- 13500 or directly to 10000-15200 For example in the Central
Secretariat Service, Section Officers (Rs.6500- 10500, Gp.’B’) with 8
years of service are eligible for promotion to the post of Under
Secretary ( Rs.10000-15200, Gp.’A’) and there is no intermediate scale
of pay of Rs.8000-13500. Thus in the CSS, the lowest rung of group A
will be 10000-15200 and reservation is applicable in the promotion from
Section Officer to Under Secretary8.

3.4.1 Concession In Promotion
In the previous section we have learnt that in promotion reservation is
not applicable in only one situation i.e. if the mode of promotion is
by selection and promotion is taking place within group ‘A’. Although
there is no reservation in such cases and, therefore, no posts are
reserved for SC or ST but a ‘concession’ is available to SC/ST
employees. In the next paragraph we will learn what is this
‘concession’. But it is important to understand that the ‘concession’
is available only in promotion by selection within group ‘A’ which
carry an ultimate salary of Rs.5700 (pre-revised scale) or less p.m.

The concession available to the SC/ST Officers is, that those SC and ST
Officers who are senior enough in the Z.O.C so as to be within the
number of vacancies for which the select list has to be drawn, would be
included in that list provided they are not considered unfit for
promotion.

Critical View on Reservation policy and Conclusion
Now we have seen that government had kept various welfare schemes for
the SC and ST in india. If we take few examples than reservations in
educational systems, land allotments for residents( free of cost),
agricultural land allotted free of cost for farming etc.

I
believe that there should be reservation in the educational system of
india. Due to which they can also get good and higher education, but at
the time of the jobs/ public service there should be n reservation. A
person has got almost 22 to 25 years benefit of reservation policy and
had completed his studies. Now he should stand on his own feets and
should face the competition in the market. They have got all the things
which a person born in other cast has got by now.

If
government still wants to keep reservation policy then now it should not
be based on caste or class, it should be based on the annual income of
the person. If the person is earning less than he requires more money
for his family and children and this thing he can get only by a job or
in public service.By this means only such persons can provide good
education to their children.

Judiciary has played great role in
the reservation policy. The great example of this N Nagrajan’s case,
Ashok Kumar Thakor, and Indira Shawnay’s case. In this cases , supreme
court has given passing reference to the reservation on the SC & ST
in jobs. But Supreme court has said that reservation should not
increase then 50% in any condition but in most of North Eastern state
this reservation is increased to 85% and still they have started a move
to increase it to the 95% and court is not taking any steps against
it. By this way we can see that judiciary is also palying a role in
increase of reservation for SC & ST.

Now days politicians
are playing a major role in reservation policy.The reservation policy
was only for 10 years afer the independence, for upiftment of SC and ST
but till now it is continue and no one has taken any step to amend it
or revise it or to change it. The reason behind this is the population
of SC and ST in country. Nearly 33% voting is done by SC and ST so now
if they make any change in the reservation policy against the SC and ST
then they have to suffer a lot for the same. So they are not taking
any steps against the reservation policy.

Now if you consider
the theory of john rawles of justice then he has clearly said that
“starting line should be / must be the same for all the Persons.” By
providing reservation in the educational systems we are giving the same
line to all the persons. He further also said that by providing
equality in education they are providing equal chance to start to all
the persons and further there is no need of reservation in service
also.

I am totally agreed with the viewpoint of john rawles on
reservation. Policy and there is clear need of revising the present
reservation policy.


Bibliography
Books
# J.N.Pandey, The Constitutional Law of India, 46th Ed. Reprint 2009
# Raju .C.B, Social Justice & The Constitution of India (with reference to sc’s and st’s)
# Ram Ahuja, Social Problems in India
# Social Problems in India,Author – Ram Ahuja
# SE_GUJARAT 06-07_CHAPTER IX
# Pandey, J.N., the constitutional law of India
# Raju.C.B., Social Justice & The Constitution of India (with reference to sc’s and st’s)
# Sandeep Mukherjee, Institute of Secretariat Training & Management




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