RESERVATION – 2015
Transcript of RESERVATION – 2015
RESERVATION – 2015 January to December - 2015
Compiled By Fr. Paul G Documentation Centre∗
'Quota for Dalits in Pvt Sector Essential' (25)
THIRUVANANTHAPURAM: Lok Janshakthi Party(LJP) leader and Union Minister for Food, Public
Distribution and Consumer Affairs Ram Vilas Paswan said that providing quota for Dalits in jobs in the
private sector was essential for their uplift in the country. Speaking to ‘Express’ here on Wednesday,
he said that it was not true that the living conditions of the Dalits were remaining the same even
several decades after Independence.“There are definitely changes in the living conditions. But it has
to get further momentum. But what has been there is only job quota in government service. Even
that too is not distributed in a just manner in all parts of the country. What is actually required for
Dalits is quota in jobs in private sector as well,’’ he said. When pointed out that though he had been in
various Union Cabinets since 1989 there is little progress for the community to which he belonged,
Paswan said during the the first UPA regime he could persuade the government to include the job
quota for Dalits in private sector in its Common Minimum Programme(CMP). However, under the
second UPA regime, it was deleted from the CMP. When asked about the pathetic living conditions of
Dalits in Bihar and UP despite the successive rule by parties of the Janata Pariwar and so-called
socialists, Paswan said it was true that there was backwardness and poverty among the Dalits. He
said the ‘’misrule’’ of the so-called Janata Parivar outfits which had been ruling the state of Bihar for
the last several years, was responsible for the stagnation in overall development front. ‘’In Bihar, Lalu
Yadav and Rabri Devi ruled the state for 15 years. Under their misrule the state suffered a lot. Nitish
Kumar who defeated them came to power promising a change. But now he is aligning with the Lalu.
An alliance with Lalu Yadav means alliance with misrule. It was two days back that a police inspector
was killed. Nitish Kumar is bringing back the Lalu raj in Bihar,’’ he said. Paswan hoped that if the SC,
ST Parliamentary forum where all parties have representation could function effectively and bring the
issues of Dalits to the government’s attention, there could be perceptible change and progress in the
living conditions of the Dalits. (New Indian Express 1/1/15)
Muslim quota row: MIM to launch stir on Jan 6 (25)
Mumbai: Majlis-e-Ittehadul Muslimeen (MIM) will launch an agitation against Maharashtra
government's decision to scrap job reservations for Muslims. The party will hold a rally in Beed on
January 6, to be addressed by party President Asaduddin Owaisi. MIM MLA from Aurangabad, Imtiaz
Jaleel and Byculla MLA Waris Pahan will also be addressing the gathering which will be attended by
party workers from across the state. The party has asked all MIM units to submit a memorandum to
respective district collectors or tehsildars on January 6 to register their protest against the state
government's indifferent attitude towards reservation for Muslims, Jaleel said. "The state government
has brought a bill in the Nagpur state legislative assembly session in December that will enable 16
per cent reservations for Marathas while refusing to bring an ordinance for continuing reservations for
Muslims," he said. The matter related to reservations for Muslims and Marathas is scheduled to be
heard in the Bombay High Court, after the Supreme Court refused to entertain the petition of the state
government. (Business Standard 2/1/15)
Muslims must stop demanding reservation: Najma Heptullah (7)
MUMBAI: Union minister for minority affairs Najma Heptullah said on Saturday that Muslims should
stop demanding reservation and should, instead, concentrate on empowering themselves with
education and skills. On her second trip to the city after she joined the Narendra Modi-led cabinet, she
∗ This is a collection of previously published news and views from the print as well as the electronic media, whose
reference marked at the end of each news items. Department of Documentation and Library (DDL) of the Indian Social
Institute, New Delhi neither claims to the veracity of the facts in the news nor subscribes to the views expressed.
was speaking the media and Muslim activists at Sahyadri Guest House, Malabar Hill, on Saturday,
Heptullah said, "I have always maintained that reservation is a crutch, which saps the energy to face
challenges. Muslims will not get reservation as the Constitution doesn't allow quota on religious
ground. I am a Muslim and a woman. Did I ever need reservation? The same applies to my fellow
community members," said Heptullah, claiming ignorance of the grounds on which the BJP
government in the state has brought in a bill for Maratha reservation (16%) while keeping mum on the
5% Muslim reservation in government jobs and education declared by the Congress-NCP
government. "I reiterate that Muslims should not waste time and energy, demanding quota as it is
mere tokenism," she said. She, however, promised to convey the disappointment of Muslims to the
Maharashtra CM and the PM . Heptuallh said that of 7 lakh Wakf properties across the country,
Maharashtra alone has 30,000. "If fully utilized, Wakf properties will generate around Rs 20,000 crore
annually which can make the community self-reliant," she said. Heptuallh announced the regional
offices of National Minorities Development Finance Corporation which will undertake skill training of
minorities. She said her department plans to set up a western regional office in Mumbai to take
centre's schemes to the beneficiaries in this part of the country. (Times of India 4/1/15)
Pvt Colleges in Vellore Force SC/ST Students To Pay Fees (25)
VELLORE: Private educational institutions in the district, completely disregarding a Government
Order, have been forcing students belonging to SC/ST communities to pay tuition and examination
fees and several of them have not been allowed to appear for the examination over non-payment of
the fees. The failure of authorities to act promptly has given a free hand to the institutions to harass
the students demanding that they pay the fee in contravention of the GO of June 2012. The GO says
the institution should not collect fees from the students of SC/ST communities and the same would be
paid to the institution by the respective district Adi Dravidar welfare officer after receiving the fund
from the State and Central governments. A group of second and third year students of Ranipet
Institute of Technology said they had not received scholarship of `21,700 per year since their first
year. They have paid anywhere between `10,000 and 22,500 depending on the fee structure per
semester. “Initially, the management said I need not pay a paise as the fees will be covered under
the scholarship. But they asked me to pay `10,000, claiming that they will repay it after getting the
scholarship amount from the government,” said a second year EEE student of the institution. The
management even threatened that those SC students, who do not pay the fees, won’t be allowed to
attend the exams. “We have been marked absent for the last two hours of our Friday class despite the
fact that we attended them. We were marked absent for not paying the fees. The principal told us that
we will not be allowed to attend the semester examination on Monday, if we fail to pay the fee,” the
student added. “The same thing happened during the last semester,” said Kumar (name changed), a
second year student of Mechanical Engineering. Several students were not allowed to attend the
examination as well as the lab test during the second semester for the same reason. Kumar, along
with about 45 students, petitioned the district administration on Monday to take suitable action against
the college administration for not waiving the fees as per the government order. For the polytechnic
course, the government gives `6,500 for government quota and `21,700 for management quota. The
institutions do not disclose this to the students and admit them with the false promise that they can
study free of cost. The problem is experienced across the State as most of the private institutions do
not comply with the GO to waive the tuition and examination fees for the SC students, said an official
in the Adi Dravidar Welfare Office in Vellore. “Students had not been issued exam hall tickets, citing
non-payment of semester fees of `14,000,” said an official. (New Indian Exprerss 6/1/15)
Muslims deserve reservations, says Owaisi (25)
Beed: The former Congress-NCP government in Maharashtra kept the Muslim community backward
and it deserves reservations, MIM leader Asaduddin Owaisi has said. The Sachar committee and
other similar panels had recommended reservations for the Muslim community, he pointed out. "The
Congress-NCP government kept the community backward and denied it benefit of reservations,"
Owaisi alleged. The All India Majlis-e-Ittehadul Muslimeen chief was addressing an election rally here
yesterday. As per the Articles 15 and 16 of Indian Constitution, a community which has remained
backward should be given reservations, he said. The Lok Sabha MP from Hyderabad clarified that his
party is not against the reservation to the Marathas, but Muslims too should get their right. After the
Bombay High Court stayed the Congress-NCP government's decision to offer quotas to Marathas and
Muslims last year, the new BJP-Shiv Sena government got passed a Bill in the state Assembly in
December 2014 which gave reservation to Marathas in education and government jobs, but left out
the Muslims. Owaisi also said that many Muslims are languishing in prisons without trial and even
charge sheets are not filed for years together in such cases. Muslims account for only four per cent of
Maharashtra police force and three to four per cent of government servants, therefore, reservation is
necessary for them, he said. Journalist-turned MIM legislator Imtiyaz Jaleel said that Muslims were
more backward than Dalits and for the last 65 years, they have been treated only as vote bank. "Now,
the NCP and Congress are scared as we (MIM) have entered the fray. We will contest the municipal
elections," Jaleel said. (Zee News 7/1/15)
SP workers demand quota for Muslims (25)
AURANGABAD: Samajwadi Party workers on Friday staged a demonstration in the city to demand
reservation for Muslims. The party held similar demonstrations in ten different districts of the state.
The president of SP's city unit, Qaisar Qureshi, said the party has decided to create awareness
among those of the community across the state. "In second phase, we will hold similar
demonstrations in ten other districts in the state to expose the wrongdoings of the BJP-led
government. The party will expose how the members of the community are being deprived of their
basic rights," he said. The BJP government recently passed a bill providing 16% reservation for the
Maratha community in education and government jobs, but left the Muslims out. "This is injustice as
Muslims, too, deserve reservations in jobs and education. The government should issue a clarification
on the issue," he said. Qureshi said various committees like the Sachar committee and others had
recommended reservations for the Muslim community. (Times of India 10/1/15)
Courts can't ask states to provide quota in promotions: SC (25)
New Delhi: The Constitution enables governments to provide for reservation of SC/ST category
employees even in promotions but courts cannot direct them to make such a provision, the Supreme
Court has ruled. A bench of justices J Chelameswar and A K Sikri, however, said the aggrieved
employees, belonging to SC/ST categories, can themselves seek redressal from the court if they are
denied the rightful promotions. "Insofar as making of provisions for reservation in matters of promotion
to any class or classes of post is concerned, such a provision can be made in favour of SC/ST
category employees if, in the opinion of the State, they are not adequately represented in services
under the State. "Thus, no doubt, power lies with the State to make a provision, but, at the same time,
courts cannot issue any mandamus to the State to necessarily make such a provision. It is for the
State to act, in a given situation, and to take such an affirmative action," the bench said. Whenever,
there exists such a provision for reservation in the matters of recruitment or promotion, it would
bestow an enforceable right in favour of persons belonging to SC/ST category and on failure on the
part of authorities to reserve posts in selections or promotions, the employees concerned can move
the court to get their rights enforced, it said. The court discussed the clause 4 and 4A of Article 16,
which deal with quota in promotions in services also in its verdict and said these are "only the
enabling provisions which permit the State to make provision for reservation of these category of
persons".The court's observations came while deciding a plea of Central Bank of India SC/ST
Employees Welfare Association and others which had challenged the decision of the bank not to
grant reservation in promotions in all categories. The PSU bank had taken the stand that there was no
rule of reservation for promotion in the Class A (Class-I) to the posts/scales having basic salary of
more than Rs 5,700. The court, in its 36-page verdict, said, "While setting aside the impugned
judgment of the high court to the extent it holds that office memorandum dated 13-8-1997 makes a
provision for reservation, it is clarified that at present there is no provision for reservation in promotion
by selection only in respect of those posts which carry an ultimate salary of 5,700 per month ... "Qua
appellant banks, that would be in respect of Scale-VII and above. Therefore, to carry out promotions
from Scale-I up wards up to Scale-VI, reservation in promotion in favour of SC/ST employees has to
be given. "It would have the effect of allowing the writ petitions filed by the respondents/unions partly
with directions to the appellant Banks to make provision for reservations while carrying out promotions
from Scale-I to to Scale-II and upward up to Scale-VI." The bank had said that as per the promotion
policy, the candidates belonging to SC/ST category have been given reservation at the initial level of
recruitment and also for promotion in the clerical cadre. "Such a reservation is also provided for
promotion from clerical grade to the lowest rank in the officers grade which is commonly known as
Junior Management Grade Scale-I (Scale-I). "However, when it comes to promotion from Scale-I to
the next scale, which is known as Middle Management Grade Scale-II (Scale-II), the Banks have not
been making any reservations while carrying out these promotions," the bank had said. (Deccan
Herald 12/1/15)
Rajasthan HC tears into over 50% reservation to women in rural polls (25)
JAIPUR: The Rajasthan High Court on Friday issued notices to the state chief secretary, the secretary
of the state election commission and the principal secretary panchayati raj on a petition which
challenged the government's order to provide 50% reservation given to women in the panchayat
elections on the ground that coupled with reservation given to SC/ST and OBC, the total reservation
exceeds the 50% ceiling of reservation set by the Supreme Court. A division bench of Justice Ajay
Rastogi and Justice Prakash Gupta issued the notice on the petition filed by Ram Niwas. The
Rajasthan Panchayati Raj (Amendment) Ordinance, 2009 amended the Rajasthan Panchayati Raj
Act and 'one third of the seats' of Section 15's sub sections (5) and (6) had been substituted by words
'one half of the seats'. The effect of the amendment was that half of the seats to be filled by direct
election in every Panchayati Raj Institution have been reserved for women. The petition claimed that
the reservation made in favour of women candidates is now horizontal. Total reservation thus made in
favour of the candidates belonging to SC, ST, OBC and women and youth candidates thus comes to
almost 75%, which is beyond the Constitutional benchmark of 50%. It is now well settled in law that all
reservations in all forms cannot exceed beyond 50%, the petitioner's counsel Anoop Dhand said. The
legality and the Constitutional validity of these amended provisions of Section 6 (6) (7) and Section
21A of the Rajasthan Municipalities (RM) Act 2009 was challenged in DBCWP No. 11900/2009 titled
as Mohd Kalim v/s State & Ors., and the same was disposed of on March 5 2010 and the amended
provisions of Section 6(6) (7) of RM Act, 2009 were held to be ultra vires and struck down and the
provision of Section 21A of the RM Act after having it declared as ultra vires. Hence, the petitioner
pointed out that the direction of principal secretary (panchyati raj) on November 28, 2014 to district
collectors to ensure 50% reservation for women is illegal. (Times of India 17/1/15)
SC/ST cops to get 17% of SHO posts (25)
PATNA: In ostensibly a first, the state police HQ has initiated a move to implement the provisions of
reservation to scheduled castes and scheduled tribes in the crucial posting of station house officers
(SHOs) of police stations. Crime Investigation Department (CID)'s ADG (weaker sections) Arvind
Pandey on Saturday sent a letter to all SSPs, SPs and superintendents of railway police (SRPs),
advising them to ensure posting of efficient SC/ST police officers as SHOs in proportion to the
reservation granted to them. The state government provides 16% job reservation to SCs and 1% to
STs. "During comprehensive review of the cases related to atrocities against SCs/STs in the state's
1,021 police stations and the data pertaining to the posting of SHOs, it was found SC/ST officers have
not been posted as SHOs in proportion to the quota for them though there were several competent
SC/ST sub-inspectors and inspectors in all police districts," the ADG has pointed out in his three-page
letter. Of the 73 police stations in Patna district, for instance, only seven are currently being helmed
by SC/ST SHOs whereas 12 SHOs should have been SC/ST as per the reservation rules. Pandey
has also underlined the need of extra-sensitivity to investigation of cases pertaining to atrocities
against SCs/STs. "It is necessary in the public interest that competent SC/ST police officers are
posted as SHOs in police stations as per their quota. This will lead to prompt action against the
accused, ensuring justice to victims of atrocities," the ADG has said. Reacting to the move, however,
one SP regretted the khaki 'uni-form' is going to change into 'caste-form' in Bihar. (Times of India
18/1/15)
Punjab rapped for failure over SC schemes (25)
CHANDIGARH: The National Commission for Scheduled Castes (NCSC) on Tuesday expressed
serious reservations over the failure of the Punjab government to implement the provisions of the
Prevention of Atrocities against Scheduled Castes (PoA) Act, as well as under-utilised or misutilised
funds and financial assistance under the Scheduled Caste Special Component Plan released by the
Centre in 2010. Talking to reporters after a review meeting for Punjab and Chandigarh, NCSC
Chairman P. L. Punia said that the State vigilance and monitoring committee, headed by the Chief
Minister, had not held its meeting since 2006 even though the PoA Act mandated its meeting every
six months. Similarly meetings at district levels were also not being held on regular intervals. Dr Punia
pointed out that the financial assistance of Rs.434.07 lakh under the Scheduled Caste Special
Component Plan released by the Centre in 2010 had not been properly utilised. Failure of the State
government to submit the relevant utilisation certificate had resulted in non-release of funds under the
plan for the subsequent years including the 2011, 2012, 2013 and 2014 fiscals. Dr Punia said that as
per the norms, 32 per cent of plan funds had to be allocated exclusively for the schemes related to the
welfare of the SCs. While the Punjab government had committed that it would ensure minimum 28 per
cent allocation, the actual expenditure worked out to be around just two per cent. The Commission,
which met public representatives, leaders of various associations and senior administrative officers,
found out that there was a major delay in registration of cases in matters related to atrocities against
SCs, where a very low conviction rate was also reported. Dr Punia also pointed out another serious
lapse on the part of the Punjab government, which had yet to begin filling up of the 20,000 backlog job
vacancies in the SC category. However, the NCSC lauded the helpline 181 and Sanjh Kendras, which
had provided relief to the people. The Commission recommended the distribution of 18,000 acres of
surplus land in Punjab among SC families. (The Hindu 21/1/15)
SCs to lay down their lives demanding internal reservation (25)
BALLARI: Madiga Dandora, which is spearheading a movement seeking internal reservation among
Scheduled Castes, has given a call to its activists to lay down their lives on Republic Day to protest
against the inordinate delay on the part of the State government in accepting the Justice A.J.
Sadashiva Commission report and recommending to the Union government to implement it. "Our
activists will resort to this extreme step in all the 30 districts of the State, while the national flag is
being unfurled in their respective districts on Republic Day, to register our protest agianst the inaction
of the government to provide internal reservation," B. Narasanna, vice-president of the State unit of
Madiga Dandora told presspersons here on Saturday. Mr. Narasanna came down heavily on the
Siddaramaiah government for not initiating steps to implement the Justice Sadashiva Commission
report. According to him, though the population of Scheduled Caste was more and were subjected to
continued injustice, several other castes which got the SC tag were enjoying the benefits of
reservation. "In this background, we urged the government to provide internal reservations among the
Scheduled castes based on the population. It is unfortunate that though the Justice Sadashiva
Commission had submitted its report long back, there has been no response from the State
government,” he said. "We are remembered only during elections with promises to implement the
Justice Sadashiva Commission report only to be forgotten immediately afterwards,” he charged. (The
Hindu 24/1/15)
AIIMS faculty picked while quota probe on (25)
NEW DELHI: The faculty selection process at the All India Institute of Medical Sciences (AIIMS) was
completed recently despite an ongoing probe by the health ministry into the matter and repeated
demands by various BJP allies to put the process on hold till anomalies are addressed. The
recruitment process allegedly denies reservation to Scheduled Castes, Scheduled Tribes and Other
Backward Classes even as there are provisions for the same. According to official sources, a total of
around 500-600 appointments were made in two tranches since 2003. Out of this around 250 posts
were filled during the selection process earlier this month. Senior faculty members from AIIMS, who
had earlier met health ministry officials seeking intervention, have now written to health secretary Lov
Verma highlighting concerns on the latest development and manipulation of reservation roster to
undermine the representation of reserved classes. "Despite having an assurance to protect the
interests of SC/ST/OBC, no intervention was made from your office and process of faculty selection
was allowed to be continued based on disputed roster. This clearly reflects the callous and indifferent
attitude of the government towards the issue of reservation," AIIMS faculty members representing the
Forum for Rights & Equality said in the letter. The issue had recently come up during the winter
session of Parliament. Following that, Union health minister J P Nadda asked senior ministry officials
to examine the matter. Even as senior ministry officials including health secretary and joint secretary
met the AIIMS director along with other senior faculty members to discuss the issue, the ministry
apparently failed to stay the ongoing recruitment process, a senior AIIMS official said. He added, the
latest faculty selection was done based on a faulty roster which ignored the fact that reserved posts
were filled by general category candidates and there is a shortfall to be taken care of. "Shortfall
occurs when all the seats for a particular category cannot be filled due to non-availability of
candidates...shortfall has to be filled by advertising the same reserved posts for at least three
consecutive times. This obviously requires carry forward of posts, rather than filling them with general
category candidates," faculty members said in their letter to Verma. The members have suggested
the backlog of reserved posts be treated as a separate distinct group and these posts should be
advertised and filled separately. Faculty selection at AIIMS has been a contentious issue for long.
Many have alleged that while SC, ST and OBC candidates were rejected in large numbers during
previous faculty selection process, the discrimination has become more aggressive with the current
dispensation at AIIMS. (Times of India 27/1/15)
Smart cards instead of caste certificates (25)
Mumbai: The Maharashtra government is going to issue smart cards to backward class families
instead of caste validation certificates. Considering the inordinate delays and tedious process
involved in issuing the certificates, the social justice department has decided to move to smart cards.
“We are introducing the smart cards mentioning castes to the families of backward communities. With
the card, the family members need not seek individual certificates. We have spoken to some
companies who can issue these cards,” minister of state for social justice Dilip Kamble said. The
government had issued over 14 lakh caste certificates last year and over one lakh are in line to be
issued at present. To a query about inter-caste marriages, the minister said the mother or the
woman’s caste would be mentioned separately on it. “Usually, the father’s caste is given to the
children. If mother belongs to some other caste then we will mention that separately on the card,” the
minister said. Caste certificates are required to avail of reservation benefits in education, jobs and in
elections if contesting from a reserved category. The process of getting a caste certificate is very
tedious and takes time. Every region has caste validation committees that verify the caste certificates.
With the smart card, this validation would not remain compulsory, the minister added. The social
justice department has also doubled the scholarships given to students from scheduled castes going
abroad for higher education. “We were giving scholarships to 50 students from the scheduled caste
community going abroad for higher studies. This year we have doubled the quota and now 100
students can go for foreign studies,” Mr Kamble said. (Asian Age 30/1/15)
Haryana to grant quota in promotion to SC (25)
Chandigarh: In a landmark decision, the Haryana Cabinet on Thursday decided to grant reservation in
promotion to the Scheduled Castes. It also accepted the report submitted by the Committee
constituted to assess or examine the backwardness and inadequacy of representation of Scheduled
Castes in promotion in the State Government Services. Speaking about the Cabinet decision, Finance
Minister Captain Abhimanyu said the Committee headed by Additional Chief Secretary P.
Raghavendra Rao had submitted its report to the government based on data received from
government departments and public sector undertakings. The Committee had analysed data of
3,81,847 employees of all categories in group A, B, C and D in public appointment of the State
Government. Upon analysis of the data, it had concluded that there was inadequate representation of
the Scheduled Castes in comparison to their proportional representation in the total population of the
State. (The Hindu 1/2/15)
Forest College students’ protest enters Day 8 (25)
COIMBATORE: Students of the Forest College and Research Institute, Mettupalayam, continued their
protest for the eighth day on Tuesday demanding that the State Government restore the higher quota
of reservation they enjoyed in appointment to the forest rangers’ post. They have also been
demanding reservation in appointment to the foresters’ post. The students’ representatives alleged
that the college administration had denied access to toilets on Tuesday. A few of those students
tonsured their heads and performed a few of the rituals that were performed for the dead. They said
the performance was to symbolise the dead future they faced by the reduction in quota in
appointment. A few students staged a protest in Chennai. (The Hindu 4/2/15)
Quotas do not hurt efficiency, says study (25)
NEW DELHI: A first-of-its-kind study of the impact of reservations in public sector jobs on productivity
and efficiency has shown that the affirmative action did not reduce productivity in any sector, but had,
in fact, raised it in some areas. Despite being widespread and much-debated, India’s reservation
policy for the educationally and socially backward classes is poorly studied. While there is some
research into the impact of reservations in politics and in higher education, there has been no study
yet of its impact on the economy. In the pioneering study, Ashwini Deshpande, Professor at the Delhi
School of Economics, and Thomas Weisskopf, Professor of Economics at the University of Michigan,
measured the impact of reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) on
productivity and efficiency in the Indian Railways between 1980 and 2002. The study was published in
the World Development journal. The Indian Railways is the world’s largest employer where affirmative
action applies, Ms. Deshpande said. It employs between 1.3 and 1.4 million people at four levels of
employment — Group A to Group D, with Group A employees being the senior-most. There is 15 per
cent reservation for the SCs and 7.5 per cent reservation for the STs at all levels, with additional
reservation for Other Backward Classes (OBCs). The study looked at SC and ST employees in Group
A and B only, since people from marginalised backgrounds would have been unlikely to reach high
levels of employment without reservation. Since an individual’s impact on productivity is impossible to
estimate, Ms. Deshpande and Mr. Weisskopf compared zones and periods of time with higher
numbers of SC and ST employees with those with lower numbers, keeping other variables constant.
They found no negative impact on productivity and efficiency in any area, and some positive effects in
some areas of work. “Beyond the numbers, we can speculate about the reasons for why there might
be some positive impact of affirmative action,” Ms. Deshpande explained. “Individuals from
marginalised groups may be especially highly motivated to perform well when they attain decision-
making and managerial positions, because of the fact that they have reached these positions in the
face of claims that they are not sufficiently capable, and they may consequently have a strong desire
to prove their detractors wrong,” the authors suggested. This is a possible explanation which rings
true for Scheduled Caste employees of the Railways whom The Hindu spoke to. “At every level where
there is discretionary power, SC/ ST employees are systematically discriminated against,” said B.L.
Bairwa, the president of the All-India Scheduled Castes and Scheduled Tribes Railway Employees
Association. He cited a number of cases from across the country that he was battling, of deserving
backward caste railway employees who had been passed up for promotions, transferred arbitrarily or
given adverse records. “When an SC or ST employee rises, he has to prove himself and work extra
hard. I am not surprised the efficiency goes up,” he said. (The Hindu 5/2/15)
MRPS to launch ‘yatra’ against Rajaiah’s dismissal (25)
HYDERABAD: The Madiga Reservation Porata Samiti (MRPS) will launch a four phase ‘yatra’ in
Telangana to highlight the dismissal of former Deputy Chief Minister T. Rajaiah and lack of
representation to Malas, Madigas and women in the Cabinet of K. Chandrasekhar Rao. The yatra will
commence on February 16 from Station Ghanpur in Warangal, represented by Dr. Rajaiah, who
belongs to the Madiga community.It will conclude here on April 3, and the next day, a dharna will be
organised at Indira Park from where the crowd will march to the Chief Minister’s residence, MRPS
president Manda Krishna said at a ‘Meet the Press’ programme organised by Telangana Journalists
Union. He also gave a call for a State-wide dharna in all the mandal and district headquarters on
March 7 and 8 in protest against the injustice meted out to Madigas, particularly Dr. Rajaiah, by the
TRS government. The injustice showed up in the form of lack of representation to both Malas and
Madigas in the Cabinet though their population in the State was 17 per cent. But Velamas and
Reddys, who constituted a population of only 6 per cent, earned 10 Ministerial berths. The MRPS did
not recognise Mr. Kadiam Srihari who replaced Dr. Rajaiah as Madiga because the former belongs to
a sub-caste of the community. Terming the struggle by MRPS as something like ‘belling the cat’, Mr.
Krishna said it was aimed at ensuring the defeat of the TRS in the next elections. He hoped all parties
would follow suit. The struggle was proposed drawing inspiration from people’s poet Kaloji Narayana
Rao’s lines asking people to “chase outsiders” and punish insiders if they went against the wishes of
the people. The first part of the poet’s call was achieved but it was time the second was fulfilled. (The
Hindu 9/2/15)
Brinda Karat bats for quota for SCs/STs in private sector (25)
VISAKHAPATNAM: Reservation must be provided for SCs and STs in the private sector too in such a
way it improved their livelihood, CPI(M) Polit Bureau member Brinda Karat has said. Speaking at a
seminar on reservations in private sector organised as part of preparations for the party’s
21{+s}{+t}all-India conference to be held during April, Ms. Karat dwelt deep into the reservation policy,
the conditions in the past and present, and how the downtrodden Dalits were still being denied their
due in the capitalism-driven conditions. The “Indian band of reservations, the undeclared reservation
for SCs and STs” was there by confining them to menial jobs and denying them an opportunity to
grow in the country’s caste system. After Independence, the capitalist path adopted had coexisted
with this “reservation policy,” she said, and felt that had India adopted the socialist path, this
undeclared reservation would have gone and everyone would have secured employment. There was
no truth in the argument that free market would make some Dalits capitalist, as capitalism cooperated
with caste and discrimination and intensified the rate of exploitation. “It is a shame that even now
reservation in jobs of sweeper and sanitation worker is oversubscribed,” Ms. Karat observed. Caste-
based and work-based reservation excluded Dalits while the huge backlog of vacancies for the
reserved categories was mounting. She said that the CPI(M) demanded in Parliament a legal
mechanism to solve the issue. It also sought reservation in contract and outsourcing jobs. “The
number of employees from SC and ST categories in private industries was less,” she said quoting
figures. A senior surgeon and president of Government Doctors’ Association G. Arjun urged unity
among Dalit Bahujans in developmental activities for the communities. Dalits were being suppressed
because they would start questioning and take over administration in future, he said. Secretary of
district unit of CPI(M) K. Lokanadham presided. State secretariat member Ch. Narasinga Rao, city
secretary B. Ganga Rao, district secretariat member P. Sesharatnam, and former Superintendent of
Government Hospital for Chest and Communicable Diseases P. Subba Rao participated. (The Hindu
12/2/15)
STs reservation to be increased to 7.5 per cent (25)
CHITRADURGA: National Commission for Scheduled Tribes Vice-President Ravi Thakur has stated
that the reservation for Scheduled Tribes in different States had been increased to 7.5 per cent and
the same would be implemented in Karnataka. Instructions in this regard would be given to the State
government shortly. Addressing reporters here on Friday, Mr. Thakur said that commission members
were touring the country to study whether the facilities extended by the commission have reached the
actual beneficiaries or not. After the tour’s completion, a meeting would be held with State-level
officers and steps would be taken to rectify the loopholes in the system. The people belonging to
Scheduled Tribes in some States have already come to mainstream of the society and in some other
States the condition of Scheduled Tribes is pathetic. “Keeping this in view, the commission has
decided to implement new schemes and ensure their overall development,” he added. Mr. Thakur
stated that steps have been taken to provide four acres land to people residing in forest areas and
there are no such families of Scheduled Tribes residing in forest areas in Chitradurga, he added.
Deputy Commissioner Shrirangaiah, zilla panchayat CEO N. Manjushri and district-level officers were
present. (The Hindu 14/21/15)
‘Banjara community must give priority to education’ (25)
KALABURAGI: Minister for Higher Education R.V. Deshpande has called upon the Banjara
community to give priority to education in order to improve its socio-economic condition. Inaugurating
the Santh Sevalal Study and Research Centre in Gulbarga University here on Monday, Mr.
Deshpande stressed on the need to educate children. “Education is the only tool for the
empowerment of the community,” he said. He said the State government has allocated adequate
funds to the Banjara Development Corporation for the uplifting the neglected community. Mr.
Deshpande expressed displeasure over the fact that children were deprived of education much before
being able to benefit from the reservation facilities provided for them.Out of 70 lakh people in the age
group of 15 to 35, only 17 lakh pursued their higher education. “Only by increasing the gross
enrolment ratio can the State can achieve real development,” he said. He assured that he would take
up with the State government to establish Santh Sevalal Bhavan at Gulbarga University. Religious
head of the Banjara Community Ramrao Maharaj donated a set of books relating to the Banjara
community in their original dialect. (The Hindu 17/2/15)
States can't amend laws with retrospective effect: SC (25)
New Delhi: State governments cannot amend a procedural law with retrospective effect to provide for
quota in posts after commencement of selection process, the Supreme Court on Wednesday held. "In
any case, the State Government cannot pass any order amending a procedural law regarding
reservation in the matter of selection to posts, with retrospective effect, once the procedure of
selection starts," a bench of justices S J Mukhopadhya and V Gopala Gowda said. The verdict came
on a batch of appeals filed against the 2004 judgement of the Andhra Pradesh High Court. The High
Court had upheld the finding of the Andhra Pradesh Administrative Tribunal saying the government
can amend the procedural law with retrospective effect to provide reservation in the selection process
to fill up certain posts. The state government, in pursuance of 1975 'Presidential Order', had said that
70 per cent of "non-gazetted category posts other than Lower Division Clerk or equivalent posts were
reserved in favour of local candidates." As per the government order, a combined merit list a local and
non-local candidates shall be drawn up to fill up the vacancies. Later, state government, on March 7,
2002, amended its order by "bifurcating combined merit list into two parts i.E. one reserved for local
candidates and another for both local and non-local candidates." Setting aside the HC order, the apex
court said, "we hold that the G.O.Ms.No.124 dated 7th March, 2002 is prospective and is not
applicable to the process of selection started pursuant to Advertisement No.10 of 1999 including the
973 executive posts which were ordered to be filled up by the High Court pursuant to the
advertisement. "The Tribunal erred in directing the APPSC to re-cast the merit list pursuant to
G.O.Ms.No.124 dated 7th March, 2002. The High Court by the impugned judgment dated 27th
December, 2004 rightly held that the order passed by the Court will not affect the appointments
already made to the executive post between 2001-2002 but erred in holding that the selection is to be
made in accordance with G.O.Ms.No.124 dated 7th March, 2002." (Zee News 18/2/15)
Cabinet writes to Centre on quota (25)
Patna, Feb. 19: The state government today decided to send a request letter to the Centre to provide
reservation to people belonging to Extremely Backward Classes (EBC) and Other Backward Classes
(OBC) in central services as on the pattern of Bihar. A resolution to this effect was taken at a meeting
of the state cabinet chaired by chief minister Jitan Ram Manjhi here on Thursday. The move assumes
significance in the wake of last week's decision to give reservation to SCST people in government
contracts. The cabinet also passed a proposal to give reservation to backward and extremely
backward classes and women in government contracts up to Rs 25 lakh. The cabinet had earlier
decided to give similar facility to SCST category in contracts up to Rs 75 lakh. Cabinet coordination
department principal secretary B. Pradhan said a state-level commission would be set up for the uplift
of scavengers on the lines of Rashtriya Safai Karamchari Aayog. It also decided in-principle to set up
the Finance and Development Corporation for Extremely Backward Classes. Pradhan said the
cabinet gave its nod for setting up a traffic police station at Muzaffarpur. A proposal to adopt a new
youth policy for the state was also passed by the cabinet. To woo voters of Mithilanchal, the
government passed a proposal to declare Saurashtra Mela a state festival. It also decided to raise the
monthly remuneration of gram kachharis from Rs 2,000 to Rs 5,000. A total of 23 proposals were
passed by the cabinet. The political instability in the state has taken a toll on the meeting of the board
of governors of Indira Gandhi Institute of Medical Sciences in which many important decisions were to
be taken. “The meeting, earlier scheduled to take place on February 21, has been deferred owing to
political uncertainty. The date of next board of governors’ meeting has now fixed for February 28,”
said the IGIMS director, N.R. Biswas. Sources said the IGIMS administration was forced to take this
decision because the health minister happens to be the chairman of the board and in his absence, the
meeting could not be conducted. At present, urban development and housing department minister
Samrat Chaudhary is holding the additional charge of the health department. (The Telegraph 20/2/15)
Dalits demand quota in private sector (25)
SHIMLA: The first convention of Dalits was organised by the Communist Party of India (Marxist) in
Kullu this weekend. It formed the Himachal Dalit Shoshan Mukti Sabha at the two-day convention that
ended on Sunday and attended by more than 140 delegates, said Tikender Panwar, CPI-M leader.
Himachal Pradesh has the highest number of Scheduled Caste population after Punjab. The Dalits in
Himachal like elsewhere are also the poorest and have the least resources including the land
holdings. The Dalits shared their bitter experiences of humiliation and atrocities that had been
committed on them in an otherwise sleepy State. They demanded a special session of the Vidhan
Sabha on Dalit atrocities, reservations in private sector, special packages and rewards for inter-caste
marriages, redistribution of agriculture land and 200 days’ minimum jobs in MNREGA for the SCs.
The convention elected Paras Ram from Mandi as its president and Lokendra from Kullu as its
general secretary. The convention was also addressed by S. Srinivas Rao, leader of the Dalit
Shoshan Mukti Morcha, who said the Dalits should organise to form a democratic movement and not
get into the politics of identity. (The Hindu 23/2/15)
RS passes bill to include certain communities in SC list (25)
New Delhi: A bill to include certain synonymous names of communities under Scheduled Castes
category in Haryana, Karnataka, Odisha and Dadra and Nagar Haveli was passed by Rajya Sabha
today. The Constitution (Scheduled Castes) Orders (Amendment) Bill, 2014 was passed by a voice
vote. Replying to a debate on the bill, Minister for Social Justice and Empowerment Thaawar Chand
Gehlot said the law has been further amended to modify the SC list in three states and one Union
Territory. Expressing concern over the diversion of the SC sub-plan fund in various states including
Delhi and atrocities on SC people, he said the government is taking several measures to help them
and is also taking active measures. He also mentioned that the government has a proposal from the
Bihar government with regard to inclusion of more castes in SC list. "This will entail some additional
recurring and non-recurring expenditure on account of benefits of schemes meant for the
development of SCs to which the persons belonging to the newly-added communities will become
entitled, as a result of enacting the bill," the bill reads. As per the bill, communities such as
'Kabirpanthi and Julaha' in Haryana, 'Bhovi, od, odde, Vaddar, Waddar' in Karnatka, 'Dhoba, Dhobi,
Dom, Dombo, Duria Dom, Katia, Kela, Nalua Kela, Khadala and Turi' in Odisha and the community of
'Chamar' in Dadra and Nagar Haveli are included in the SC list. Participating in the debate, Ali Anwar
Ansari (JDU) Ali Anwar (JDU) sought inclusion of Haryana's Mev community under Scheduled Tribe
(ST) category on par with Meena tribe. He alleged that the community, which fought against Babar's
invasion and sacrificed 1200 lives, was not included in the list simply on basis of their religion
because they fell under Mewati Muslim category. Ahmed Hassan (Trinamool Cong) demanded socio
economic survey by the Rural Development department to be completed to enable the government
decide on who to be included in the SC/ST list. A W Rabi Bernard (AIADMK) demanded that Dalit
Christians be included in the list of SCs. Veer Singh (BSP) sought enhancement of reservation quota
for SC saying that their population had increased over time but the quota remained stagnant. "Also,
there should be check on diversion of funds meant for such communities like in case of diversion of
Rs 744 crore Scheduled Caste Sub Plan to projects related to Commonwealth Games," he said. T K
Rangarajan (CPI-M) demanded formation of a Commission which should visit every state to assess
communities inclusion into SC/ST categories besides evolving some mechanism for it. Ramdas
Athawale (RPI), Vijaylaxmi Sadho (Cong), Nand Kumar Sai (BJP) and S Thangavelu (DMK) wanted
increase in reservation quota for SC/ST while Bhushan Lal Jangde (BJP) drew the attention of the
governemnt towards SC/ST communities in Chhattisgarh which were devoid of ration cards. Anil
Kumar Sahani (JDU) said successive Bihar governments have been advocating for inclusion of
certain communities in the list but in vain. Dilip Kumar Tirkey (BJD) sought the government to dalit
Muslims and Christians should also been included. (Deccan Herald 24/2/15)
Dalit reconverts will get all sops: Supreme Court (25)
New Delhi: If a Christian reconverts to Scheduled Caste, he is entitled to all SC benefits if the
community accepts him into its fold, the Supreme Court held on Thursday. Giving this ruling a bench
of Justices Dipak Misra and V. Gopala Gowda said, “A person whose parents belong to a Scheduled
Caste before their conversion to Christ-ianity can, on conversion or reconversion to Hinduism, be
regarded as a member of the Scheduled Caste so as to be eligible for the benefit of reservation for
Scheduled Castes.” Writing the judgement, Justice Misra said, “The practice of caste, however
irrational it may appear to our reason and however repugnant it may appear to our moral and social
sense, is so deep-rooted in the Indian people that its mark does not seem to disappear on conversion
to a different religion. If it disappears, it is only to reappear on reconversion.” (Deccan Herald 27/2/15)
Owaisi demands quota for backward Muslims in Maharashtra (25)
Nagpur: All India Majlis Ittehad ul Muslimeen (AIMIM) chief Asaduddin Owaisi on Sunday demanded
reservation for backward Muslims in government jobs and educational institutes in Maharashtra. "Mr
Prime Minister, in your speech in Parliament, you referred to your vision of 'Sabka Sath Sabka Vikas'
(together with all, development for all). Therefore, you (PM) should pick up the phone and tell
Maharashtra Chief Minister Devendra Fadnavis to extend the benefit of quota to backward Muslims
so as to improve their living conditions," he said. The 45-year-old Lok Sabha MP from Hyderabad was
addressing a public gathering here last night. Braving unseasonal drizzle, a large number of people
attended the rally, Owaisi's first in Nagpur, which headquarters RSS. Claiming that "injustice" has
been done to Muslims in Maharashtra, Owaisi blamed the over 50 years of rule of Congress at the
Centre and Congress-NCP and Shiv Sena-BJP administrations in the state for the prevailing
backwardness among the minority community members. Quoting figures from Sachchar Committee
and a number of other panels and also Minorities Commission, he painted a grim picture of the living
conditions of Muslims across Maharashtra and said they lack access to even basic amenities. He said
education level among Muslim children and youth was abysmally low. "In this backdrop, why is the
state denying the socially, educationally and economically backward giving what is their due?" Owaisi
asked. The current BJP-Sena Government refused to introduce a Bill in the last Winter Session of
Assembly to replace an ordinance brought by the erstwhile Congress-NCP administration on Muslim
reservation in jobs and education, he said. "I am always accused of making communal statements
and controversial remarks. But I am the one who calls spade a spade. Why don't those accusing me
of being intemperate ponder over the serious issues I raise?" he asked. "Let the RSS bosses here get
the message loud and clear - I will not sit quiet till this demand of reservation for Muslims is
accepted," asserted Owaisi. He ridiculed suggestions that the Hyderabad-based AIMIM, which won
two Assembly seats in Maharashtra in last Assembly election, was a 'BJP creation' to wean away
Muslims and Dalits from the Congress party. Owaisi maintained he was against the ideology of
Hindutva, but not against Hindus. PTI (Zee news 1/3/15)
Telangana constitutes panel for Muslim reservation (25)
Hyderabad: The Telangana government on Tuesday constituted a commission to study the socio-
economic and educational status of Muslims in the state and recommend increase in the quantum of
reservation for the community. Muslims in Telangana currently enjoy four percent reservation in
education and employment. The commission has been constituted by Telangana Rashtra Samithi
(TRS) government as a follow-up on its poll promise to provide 12 percent reservations to Muslims.
The three-member commission to be headed by retired IAS officer G. Sudhir will submit a report to
the government within six months. An order issued by the minorities welfare department said there
was a need for the study to enable the government to formulate policies for the amelioration and
upliftment of Muslims to bring them on par with other sections of society. The commission will
recommend the steps to be taken to remove the impediments in the improvement of the overall social,
educational, economic conditions of the Muslim Community and to provide for reservation in
education and employment to poor deserving Muslims, wherever necessary. M.A. Bari, a retired
government official, will be a member while the second member will be appointed later. Meanwhile,
the state government also constituted a three-member commission to study and prepare a
comprehensive report on the relative increase of Scheduled Tribes (STs) population in the state and
their social and economic backwardness. The TRS had also promised 12 percent quota for the STs.
The panel, to be headed by retired IAS officer S. Chellappa, will examine the representations of some
communities for inclusion in STs. (Business Standard 3/3/15)
SC/ST Students Get Short Shrift as Quota Seats Remain unfilled (25)
KOZHIKODE:Malabar College of Engineering and Technology, a self-financing educational institution
located at Cheruthuruthy in Thrissur, allocates 30 seats for SC and ST candidates -- eight percentage
of the total seats -- as directed by the government. However, only nine students from the category
sought admission in 2014, with 21 seats remaining vacant. The situation was not different in previous
years. While 18 reserved seats had to be left unfilled in 2013, the year 2012 witnessed 20 seats
reserved for the communities lying vacant. V Nandanan, Principal of the College, said the seats were
not filled because of lack of qualified candidates. The situation points to the absence of a
mechanism to monitor the admission to the quota reserved for the SC/ST communities, which has the
potential to undermine steps for affirmative action. The Office of Commissioner of Entrance
Examinations (CEE), in reply to an RTI request by ‘Express’, said a total of 1,075 engineering seats
were allocated under SC\ST quota in 2014. The data collected from various institutions show that
hundreds of seats have remained unfilled. They include self-financing colleges in government and
private realms. The College of Engineering, Trikaripur, Kasargod, with a quota of 14 seats had six
vacant seats in 2014 while the College of Engineering, Vatakara, witnessed one out of the 13
reserved seats remaining vacant. Two medical seats reserved for the SC category remained vacant in
the Pathanamthitta district last year. In 2013, 1,208 engineering seats and 164 MBBS seats were
filled, while the figures for 2012 stood at 1,233 engineering and 168 MBBS seats. Many seats, mainly
in the engineering colleges remained vacant. The Office of the CEE said they are conducting
allotment to government seats as per the reservation system prescribed in the prospectus. The
Departments for Development of SC and ST said they are clueless regarding the number of
candidates getting admission to the professional colleges, though there are many schemes to
facilitate education of the students under these categories. (New Indian Express 5/3/15)
POW decries delay in passage of women’s bill (25)
ONGOLE: It’s an 18-year-long journey on a rough path that the Women’s Reservation Bill has taken
since its introduction during the Deve Gowda government in 1996. Though major political parties had
committed themselves to one-third reservation for women in Parliament and State legislatures, the Bill
has not seen the light of the day, laments Progressive Organisation of Women (POW) State secretary
B. Padma as POW activists performed a skit on the chequered journey of the quota bill to mark the
International Women’s Day here on Sunday. Accompanied by Aronadaya State secretary Anjaiah, the
POW activists ridiculed the “male chauvinistic” society for putting the Billinto cold storage. POW
functionaries, including its district vice-president Mastanamma and joint secretary Manjula, vividly
portrayed the battle for greater representation for women in Lok Sabha and State Assemblies by
singing Janapada songs and dances. When the AP State Reorganisation Bill could be passed amid
pandemonium by voice vote, what prevented the Women’s Reservation Bill to be adopted at a time
when many parties committed themselves to passage of the Bill, asked POW district president S.
Barathi. “It’s high time the NDA governmentto get Parliament’s nod early,” added POW district
treasurer Ch. Padma. (The Hindu 9/3/15)
Allotment of RTE seats through online lottery system begins (25)
Bengaluru: Justice Y Bhaskar Rao, Lokyukta, inaugurated the online system in the presence of
Primary and Secondary Education Minister Kimmane Ratnakar and Education department officials. dh
file photo
The process of allotting seats under the reserved quota of the RTE Act took place here on
Wednesday through the online lottery system for the first time in the State. Justice Y Bhaskar Rao,
Lokyukta, inaugurated the online system in the presence of Primary and Secondary Education
Minister Kimmane Ratnakar and Education department officials. Mohammed Mohsin, Commisioner
for Public Instruction, said that the school education department received around 3.89 lakh
applications of which 2,57, 942 will be eligible for allotments. As many as 1,11,329 seats are available
in 11,202 schools this year, he added. Of these as many as 57,797 seats are for class I and 53,532
seats are for UKG. The online lottery seat allotment system involves three processes - cleansing and
updating process that weeds out duplicate and double forms from the database, randomisation
process that generates a unique ID for eligible candidates. Finally the lottery number ranking process
assigns lottery numbers to applicants based on the unique ID. The system then allots seats based on
the lottery numbers of candidates, priority mentioned and the reservation claimed such as ST, SC or
OBC. Vacant seats in each category will be transferred to the next category, said Mohsin.
Candidates from weaker sections of the society such as orphans, transgenders, HIV patients, children
with special needs, migrant children, streetchildren will be given seats directly without any lottery
process. There is no income limit for SC, ST, Category 1 whereas for OBC candidates, the income
limit has been divided in three slabs namely - Rs one lakh and below, Rs one lakh to two lakh, above
Rs two lakh to 3.5 lakh. As many as 50,175 applications have been received from SC candidates for
34,074 seats. So far as ST candidates are concerned, 13,262 applications have been received for
7,901 seats. Lastly, for OBC as many as 1,72,527 applications have been received for 69, 354 seats.
Speaking at the programme, Rao said that the Lokayukta would be watching the entire process
closely for any instances of corruption. “All those education officers and schools who are either
indulging or encouraging corruption will not be spared. The government has taken a good step to
eradicate corruption,” he said. He highlighted the need to bring tribal children, who could not apply
through online means, into the fold of education. There are around 42 lakhs such tribals in need of
education , he added. (Deccan Herald 11/3/15)
SC to pronounce verdict on quota for Jats on Tuesday (25)
New Delhi: The Supreme Court is likely to pronounce judgment on Tuesday on a batch of petitions
challenging the validity of the reservation for Jats by including them in other backward class (OBC)
category. The judgment, reserved on December 17, 2014, will be pronounced by a bench of Justice
Ranjan Gogoi and Justice Rohinton Fali Nariman. The batch of petitioners, while challenging the
United Progressive Alliance government's decision to extend reservation to Jats by including them in
OBC category, had contended that Jats were politically and socially advanced and the decision to
extend reservation to them was politically and electorally motivated. The UPA government had
announced reservation for Jats on the eve of general elections held in May 2014. Ironically, the
Narendra Modi government too backed the UPA decision to extend OBC reservation to Jats saying
that it was not inspired by electoral considerations but a bonafide decision in public interest. "As
regards the averments that the central government with a motive to gain benefit for the ruling political
parties in the forthcoming general election issued the said notification, this fact is denied as
unfounded," the central government had said in its affidavit filed in the apex court August 11, 2014. "It
is a submitted that the central government has acted bonafide and in public interest," it had said.
Seeking the dismissal of the petition by OBC Reservation Raksha Samiti and others challenging the
extension of OBC reservation to Jats in nine states, the affidavit had said: "In the present case, the
advice tendered by the National Commission for Backward Classes was rejected by the cabinet for
the reason that the commission has not adequately taken into account the ground realities." (Business
Standard 16/3/15)
Chalavadi community urged to participate in survey (25)
RAICHUR: Upholding the imminent Social, Educational and Economic Survey in the State as a “good
move” to know the actual socio-economic status of different communities, Chalavadi community
leaders called upon community members to take part in it. Addressing a media conference at
Reporters Guild here on Monday, Mr. Chalavadi Narayana Swamy, Chairman of Karnataka State
Forest Development Board, said that the survey would help the government understand the social,
educational, economic conditions of communities and better design focussed welfare programmes.
“Chalavadi community members are known by 40 different names in different regions. All the names
are synonyms to Chalavadi and we therefore appeal the community members to mention their caste
as Chalavadi only, so that the numerical size of the community could also be ascertained,” he said.
Mr. Swamy opposed the extending of the same reservation facilities that Scheduled Castes enjoy to
those who had converted from different Scheduled Castes to Christianity, Islam, Buddhism and other
religious faiths. “One choosing and following a religion one wants is one’s own unquestionable right. A
person, however, once converted from a Scheduled Caste to another religion would no longer belong
to the category and so cannot claim reservation and other facilities offered to Scheduled Castes.
Therefore, the people will have to carefully choose their religious and caste identity during the
survey,” he said. (The Hindu 17/3/15)
Supreme Court verdict on Jat quota a blow to politics of reservation (25)
New Delhi: The Supreme Court verdict asking the government to move away from caste-centric
reservation for backwards deals a blow to politics of reservation often played in the most blatant
manner just before polls. The verdict is landmark for several important reasons. First, it forces the
policy makers to think creatively beyond caste for identification of socially and educationally backward
classes. For decades successive governments have found caste-based quota an easy way out to
achieve the constitutional goal of equality to undo historic injustice to backward castes in Hindu
society. Second, the fact that the SC rejected old data to justify inclusion of Jats in the OBC category
and emphasised that all citizens were advancing on every front - social, economic and education —
should serve as a reminder to politicians and bureaucrats who are not in sync with the changed social
realities and continue to have a 20th century mindset. The top court has given them a jolt. The
constitutional mandate under Article 16(4) and Article 15(5) that deal with reservation in jobs and
education respectively is to ensure equality of opportunity in matters of public employment and
prohibits discrimination on grounds of religion, race, caste, sex or place of birth. The government’s
affirmative actions are based on positive discrimination. But the manner in which reservation policy
has been pursued by successive governments — irrespective of their political ideology — created
social discord and deprived many deserving socially and educationally backward groups of its
benefits. Reservation policy, if not properly thought out, becomes even more discriminatory, rather
than a means of achieving social justice. Be it the 1990 decision of VP Singh’s government to
introduce quota in jobs for OBCs or the 2008 decision of the UPA-I government to extend it to
education — the decisions led to prolonged agitation and social unrest. In both the cases the SC
verdicts had the calming effect as it enjoys public confidence more than that enjoyed by the
legislature or the executive. What made the 1992 Mandal verdict acceptable was the court’s decision
to put a 50% ceiling on reservation and exclude the creamy layer among OBCs. The top court has
once again shown judicial statesmanship by displaying a progressive and realistic approach to
reservation that would ensure that “only to the most distressed” benefit from it. A similar approach is
needed to rationalise reservation for Scheduled Castes and Scheduled Tribes by excluding the rich
among these communities. This would ensure that only the most deserving SC and SC candidates
get the benefit of reservation. Left to politicians, such progressive decisions would never happen. If
judges can innovate, why can’t politicians? (Hindustan Times 18/3/15)
33 per cent women quota in UT police (25)
New Delhi: The Centre on Friday announced 33 per cent reservation for women in police forces of
Union Territories, including the national capital, for posts from constables to sub-inspectors, in a bid to
make police more gender-sensitive. The Union Cabinet, headed by Prime Minister Narendra Modi, on
Friday gave its nod to the decision, which came against the backdrop of rising demands for
preventing crimes against women, particularly in the backdrop of the brutal 2012 Delhi gangrape case
. The government said the decision will also instil confidence among women and enable them to
approach police without hesitation for seeking protection and assistance. This decision will help
augment the number of women in the police force of all UTs and the Delhi police so as to make them
more gender-sensitive, it said. The reservation will also cover reserved categories like SCs, STs and
OBCs. Notably, after the brutal December 16 Gangrape case, the Justice Verma Committee, which
recommended major changes in criminal laws, had also flagged this issue. The government on Friday
noted that a “skewed police force” is a major practical barrier in effective implementation of
legislations intended for the protection of women. “The police is the first line of interface between
citizens and the law enforcement machinery. It has been observed that many women do not approach
the police as they may have to confide or report the incident to a male police officer. “This is
particularly so in respect of sex-related crimes,” it said. Meanwhile, over 758 Appropriation Acts,
which have lost relevance and are clogging the statute books, are set to be repealed as the Cabinet
cleared a proposal to bring a bill in this regard. The move is in line with the NDA government’s
decision to do away with irrelevant laws, including Railways (appropriation) Acts. (Asian Age 21/3/15)
SC ruling on Jat quota warning bell to political class (25)
The Supreme Court's verdict quashing the government's decision to grant politically-dominant Jat
community the OBC (Other Backward Classes) status in nine northern states is futuristic. The verdict
sounds a warning bell to the political class which used reservation as a potent weapon to grab votes.
Dealing with challenge to the March 4, 2014 notification, the court strikes at the root of the problem. It
has been noted that political considerations played a bigger role in granting such status. Without
mincing words, the court went on to point out the need for review of the list every 10 years as per the
Constitutional mandate. This would definitely not have hurt the deserving and deprived ones. In the
instant case, the demands of politically-organised Jats were long pending as they were already
declared OBC in their respective states. The underlying message by the apex court to the political
class is very clear. The perception, mathematical formulae evolved on the basis of social and
educational indicators or relative inclusion of other groups could not be used to form the basis for
providing such largesse by the state. In the 1992 Indira Sawhney case (Mandal), the SC held that the
terms “backward class” and “socially and educationally backward classes” are not equivalent and
further that in Article 16(4) of the Constitution backwardness contemplated is mainly social. So, the
court said that a social class could be understood as an identifiable section of society which may be
internally homogenous (based on caste or occupation) or heterogeneous (based on disability or
gender, say transgender). Thus, neither caste nor historical injustice could be the sole determinant
factor, the court said. In identity politics, these have been the only basis for such preferential
treatments. Backwardness is a manifestation caused by the presence of several independent
circumstances which may be social, cultural, economic, educational or even political, it said. “Owing
to historical conditions, particularly in Hindu society, recognition of backwardness has been
associated with caste. Though caste may be a prominent and distinguishing factor for easy
determination of backwardness of a social group, this court has been routinely discouraging the
identification of a group as backward solely on the basis of caste,” the SC bench observed. The
affirmative actions by the state as envisaged under the Constitution must be meant for the most
deserving. This could be ascertained if new benchmark or criteria are put in place. Certainly,
contemporaneous statistics and not outdated data as seen in case of Jats could be look into.
According to the SC, new practices, methods and yardsticks have to be continuously evolved moving
away from caste centric definition of backwardness. This alone can enable recognition of newly
emerging groups in society which would require palliative action. “The recognition of the third gender
as a socially and educationally backward class of citizens entitled to affirmative action of the state
under the Constitution in National Legal Services Authority Vs Union of India is too significant a
development to be ignored,” the court noted. “In fact, it is a path finder, if not a path-breaker,” the
court remarked while emphasising the need for the state to observe high degree of vigilance for
discovering new emerging forms of backwardness. The “historical injustice” that manifests in caste
identification could result in “under protection of the most deserving backward class of citizens”…
(Deccan Herald 24/3/15)
PM Vows to Address Jats' Quota Woes within Legal Framework (25)
NEW DELHI: With the perception on the Land Bill still loaded against the BJP-NDA Government, the
Centre on Thursday reached out to Jats and paid heed to their demands on reservation, which was
struck down by the Supreme Court recently. When the 70-member delegation, accompanied by the
BJP MPs from Jat-dominated states, called on Modi, he not only heard them ‘carefully’ but also
assured a solution from within the ‘legal framework.’ The delegation also met BJP chief Amit Shah.
“The Prime Minister carefully listened to the issues raised by the delegation. He said the government
was studying the Supreme Court ruling and would try to find a solution to the issue from within the
legal framework,” a statement from the PMO said, adding that other issues related to the community
also figured in the discussions. The PM urged the delegation to take the lead in implementing the ‘Beti
Bachao, Beti Padhao’ scheme, an initiative aimed at saving the girl child. The SC order to scrap the
reservation for the Jats under the OBC quota, a decision which was announced by the UPA
Government in nine states ahead of the 2014 polls, has been a headache for the NDA Government.
(New Indian Express 27/3/15)
Government firm on opposing dalit tag for converts (25)
NEW DELHI: The Centre has decided to oppose the demand for dalit status for "converts" to
Christianity and Islam, arguing that only Hinduism recognized "caste system" and "untouchability" that
led to the creation of a special category called Scheduled Castes. An interesting reason cited to red-
flag the demand is that the Constitution provides reservation in legislatures to dalits and tribals to
"compensate for the social injustice" suffered by them over centuries and extending this benefit to
converts would impinge on the rights of SCs/STs. While the move was expected after social justice
minister Thaawar Chand Gehlot made the government stance plain in an interview to TOI on October
10 last year, it is now learnt that his ministry detailed reasons to the Union law ministry to oppose in
Supreme Court the petition seeking SC status for converts.The unambiguous opposition from the BJP
government is a sharp departure from the UPA regime's strategy to buy time - in 2005, entrusting a
national commission to study the issue and in 2011, deciding to wait for 'socio-economic caste
census' for data to commission further studies. As polarizing as it is complicated, the issue is rooted in
the reasoning that SC status -- limited to Hindus, Sikhs and Buddhists -- should be made religion-
neutral, thereby opening it to Hindu "untouchables" who converted to Islam and Christianity. Strongly
objecting to the demand, the BJP government argues that "untouchability" was a peculiar aspect of
Hindu religion that "denied to disadvantaged castes the fundamentals of human dignity, human self-
respect and even some of the attributes of human personality".Linking this "evil practice" exclusively
to Hinduism, the government says mere social "backwardness" cannot put converts at par with dalits
whose backwardness arises from the traditional practice of "untouchability".The Centre argues that
recognizing SC among followers of Islam and Christianity would amount to violation of the basic
tenets of these religions since they do not recognize the caste system. Besides, stretching the quota
frontiers to Christianity and Islam would necessitate an increase in the quantum of reservation which
would result in the upper ceiling of 50% being breached, the Centre argues. According to the Centre,
identifying dalit converts is not easy - since conversions have been happening over several centuries,
the caste of an individual's forefathers cannot be ascertained, especially where the descendants have
left the original caste-related occupation. On the contrary, the government argues that dalit converts
form part of OBCs in states and at the Centre, benefitting from job reservations and welfare schemes
catering to backwards as also religious minorities, adding it would be "iniquitous" to grant "converts"
the benefits targeting SCs. Crucially, the apprehension that rendering the SC list religion-neutral
would encourage conversions, expressed by minister Gehlot in his interview to TOI, does not figure in
the social justice ministry's list of reasons to oppose the demand of dalit Christians/Muslims. (Times of
India 30/3/15)
Disabled quota: CabSec to meet secretaries today (25)
New Delhi: In what could be a major relief for persons living with disabilities, the Cabinet secretary on
Wednesday has called upon a committee of secretaries with an aim to implement three per cent
quota in jobs for the disabled.In a meeting on Wednesday, secretaries of 16 crucial ministries,
including Union health ministry, ministry of social justice and empowerment, women and child
development, department of personnel and training etc, along with chairman of the Railway Board will
discuss the modalities for implementation of the reservation policy. “Headed by the Cabinet secretary,
secretaries of different ministries will take part in the meeting which is scheduled for tomorrow
morning. We hope to come out with suggestions for implementation of reservation for the persons
living with disabilities,” a senior official said. Earlier, even the SC had sought Centre’s response on an
NGO’s plea seeking initiation of contempt proceedings for not complying with an earlier order of three
per cent in jobs to persons with disabilities. (Asian Age 1/4/15)
Centre moves SC seeking review of Jat quota verdict (25)
NEW DELHI: The Centre moved the Supreme Court seeking review of a March 17 judgment
quashing a UPA government notification including Jats in the Central list of Other Backward Classes
(OBC) in nine States to grant them community reservation benefits. Countering the Supreme Court’s
findings that the government should have complied with the National Commission for Backward
Classes (NCBC), which had advised against the inclusion of Jats in the OBC category, the NDA
government said it could exercise its own independent view on quota. “The Centre’s power to make
available quota for a community is not dependent on the advice of the National Commission for
Backward Classes,” the petition filed on Wednesday said. The judgment held the government both
judicially and statutorily bound to comply with the NCBC decision. (The Hindu 3/4/15)
Jats put in OBC as per Constitutional mandate: Centre to SC (25)
New Delhi: Government has said it has the powers under the Constitution to include Jats in the
central list of Other Backward Classes (OBC) and sought a review of Supreme Court's decision to
scrap quota for the community. In its review petition, the NDA government, which strongly supported
the erstwhile UPA regime on the issue, also submitted that the apex court "committed an error" in
holding that the National Commission for Backward Classes' (NCBC) opinion would be binding on it.
"The power to make provisions for reservation flows from Article 16(4) of the Constitution of India.
This power is not dependent upon the advice of NCBC. "The Union of India, notwithstanding the
provisions of the NCBC Act, possesses/retains this power to add or subtract from the central list of
other backward classes," the review plea, settled by Additional Solicitor General Maninder Singh,
said. The Centre had moved the court days after a Jat delegation met Prime Minister Narendra Modi,
who assured the community leaders that his regime would try to find a solution within the legal
framework. Earlier, a bench of justices Ranjan Gogoi and R F Nariman, in its verdict, had referred to
various constitutional schemes and the NCBC report and said that the finding of the OBC panel that
Jats do not deserve to be given quota benefits was "supported by good and acceptable reasons".The
court had also said the NCBC had considered reports of state backward classes panels and other
literature on the subject before recommending that Jats should not be included in the list of OBCs.
Seeking a review of the apex court's March 17 verdict setting aside a 2014 notification to include Jats
in OBC list in nine states, the Centre said that its constitutional power can neither be "dependent" nor
be curtailed on the advice of NCBC. (Zee News 5/4/15)
Implement 25 pc Quota to Poor in Private Schools (25)
HYDERABAD: The Joint Action Committee for Implementation of Model RTE Rules In Telangana
state has urged the government to adopt the Model Rules immediately and undertake immediate
implementation to ensure that all private schools in Telangana starts admitting 25 per cent poor
students from the academic year 2015-16. The committee adopted a resolution to this effect at a
meeting organised at dharna chowk near Indira Park here on Tuesday. They requested the state
government to bring about the required amendments in rules framed by erstwhile Andhra Pradesh
government for free admission to poor students in private schools. And the revised rules should be
notified by or before May, the resolution said. Representatives of various political parties expressed
support to the demand. Implementation of RTE Act in Telangana is zero. The rules have to be
amended to implement the Act, claimed Mazher Hussain, executive director of COVA. The demand
for allotting 25 per cent of seats in private schools holds significance because of exorbitant fee
structure in private schools, and lack of space for government schools in the city, said professor M
Kodandaram, chairman of Telangana Joint Action Committee (TJAC), who was present at the
meeting. Telangana State convenor for RTE Forum, Ch Murali dismissed opinions expressed by
some that the strength in government schools will dwindle if the provision of 25 per cent admission is
implemented. The committee stated that they would meet chief minister, education minister and other
officials concerned to submit a memorandum on the issue. The meeting was attended by Tammineni
Veerabadhram, CPI(M) Telangana unit secretary, representatives from Lok Satta Party and BJP
Mazdoor Morcha. APSA, COVA, Dalit Bahujan Shramik Union, Divya Disha, MV Foundation, RTE
Forum for Telangana State and others were part of the committee. (New Indian Express 8/4/15)
‘Can’t keep SC/ST creamy layer out of quota benefits (25)
NEW DELHI: Four years after agreeing to examine whether to bar the creamy layer among SCs/STs
from getting reservation benefits, the Supreme Court on Monday refused to look into the issue and
said it came within the domain of Parliament. The court, which had issued notices to the Centre and
state governments in 2011, said it was not possible for the court to interfere in the matter and it was
for Parliament to take a decision. "It is not possible for the court to pass direction. It is for Parliament
to decide," a bench of Justices FMI Kalifulla and V Gopala Gowda said. Senior advocate R
Venkataramani, appearing for a PIL petitioner, told the bench that reservation benefits were
inequitably distributed among SCs/STs in the last 64 years and only a small group had benefited from
the policy. He said benefits were cornered by a handful of communities out of the 1,091 Scheduled
Castes and 586 Scheduled Tribes, leaving a vast population of the reserved class out of the social
welfare measure. He contended that socially and economically advanced SCs and STs be kept out
the policy and referred to the Lokur Committee report which had recommended that certain
castes/tribes be excluded. "Ninety nine per cent castes have not benefitted at all during the last 64
years of reservation policy. Rather, it has resulted in creation of a vested interest class among SCs
and STs which are behaving like upper castes with extremely backward dalit communities," the
petition, filed by social worker O P Shulkla, said. The bench, however, was unimpressed and asked
the petitioner how his fundamental rights were violated by the current reservation policy that led him
to file the PIL. "Your prayer is not maintainable. You tell us how your rights are being violated," it said.
The petitioner replied that inclusion of castes/tribes without excluding socially advanced and creamy
layer castes/tribes in the SCs/STs list was an abuse of reservation policy and needed to be scrapped.
The bench, however, dismissed the case. (Times of India 14/4/15)
Haryana CM announces reservation in promotion for SCs (25)
Chandigarh: Presiding over Ambedkar Jayanti celebrations on Tuesday in Rohtak and Kurukshetra,
Haryana Chief Minister Manohar Lal Khattar announced that people belonging to Scheduled Castes
would get benefit of reservation in promotions. The Chief Minister also said that cases filed against
them while they staged protest for this demand in past would also be withdrawn. In another major
development, he said that women police stations would be set up at every district headquarters in the
state. Recommendations of the Raghavendra Rao Committee would form the basis for the
reservation as the state government has accepted and decided to implement it, he said. The
government has presented the data on SC population in the High Court and any doubt regarding
promotions would come to end by July 2015, he said, adding, the previous government had not
presented the population data gathered by Raghavendra Rao Committee when court had given its
judgement regarding Reservation Policy 2013. The BJP government has gathered the data of
Raghavendra Rao Committee and filed a Letters Patent Appeal (LPA) in the High Court considering
which the Court had cancelled its previous judgement and people belonging to scheduled castes got
benefit of reservation, he said. (Times of India 15/4/15)
'Gujjars will give up quota demand if Jats taken off OBC list' (25)
JAIPUR: The state's backward communities within the Other Backward Classes (OBC) group appear
united against the Jats to demand their removal from the reserved category in keeping with a recent
Supreme Court judgment. The Rajasthan Gujjar Aarakshan Sangharsh Samiti has gone to the extent
of announcing that it would give up the demand for separate quota if the Jats were taken off the
state's OBC list. The Gujjars, who belong to the OBC category that enjoys 21% reservation in
government jobs and educational institutes, have held violent agitations since 2006 to demand that
they be either shifted to the ST category or be given 5% separate quota along with four other
communities under a Special Backward Classes (SBC) category. Following the statewide agitations
and violence that resulted in the death of around 70 people, the state government had to bring in a
reservation Act (currently stuck in the High Court) in 2008 to accommodate the Gujjars' demand.
"Gujjars will not demand separate quota in government jobs and educational institutes if the Jats, who
were never backward, are removed from the OBC category. The Jat community is very advanced-
highly educated and socially as well as financially dominant-but the BJP government clubbed it with
the OBCs for purely political motives," Samiti spokesperson Himmat Singh Gujjar said at a press
conference here on Thursday. He asserted that Jats have been pocketing around 70% of the OBC
share since they were far superior to the remaining communities. Calling themselves the "Mool"
(original) OBCs-those who were in this category much before the Jats were added to it in 1999-these
communities have formed an association called the Mool OBC Mahasangh, Rajasthan. To press for
their demand against the Jats, the Mahasangh would stage a protest at the city's Udyog Maidan on
coming Saturday. The association has said it would launch a statewide 'public awareness' campaign,
starting from Sriganganagar on April 27. "As part of the protests, we will hold 'Raavan dahan' to burn
effigies of PM Narendra Modi and BJP president Amit Shah," said Daulat Ram, member of the
Mahasangh's core committee. Speaking at the press conference, he asked, "Jats have maximum
number of MPs, MLAs, zila pramukhs, pradhans, up-pradhans, have dominance in bureaucracy,
government and private sector jobs and own the largest share in state's irrigated land. How can this
community be called backward?" Former minister Rajendra Singh Ghuda, who too is a member of the
Mahasangh's core committee said, "If Jats are backward, no community in the state can be called well
off." Former civil judge and Mahasangh's convener, Rajkumar Chhipa said, "The state government
included Jats in the OBC category without any survey or recommendation by the OBC commission.
The BJP did it and the Congress supported it, as both parties were eying political benefits." Last
month the Supreme Court quashed a union government notification that brought the Jats in the
central list of so-called backward classes in eight states, including Rajasthan's Bharatpur and Dholpur
districts. The Modi-government later filed a review petition against it. (Times of India 17/4/15)
30 Dalit Quota MBBS Seats Go Waste an Yr (25)
CHENNAI: The quota for Dalit students in private medical colleges could not be filled for the last four
years due to the delay in providing them post-matric scholarship, charged former bureaucrat and
activist Christodas Gandhi. Hailing the government’s decision to grant `334.76 crore as post-matric
scholarship, he regretted that the delay by officials in granting the funds to eligible Dalit students has
resulted in 30 medical seats going waste every year. “Private medical colleges are filling up these
vacant seats with other students after taking hefty donations from them. Each seat would have cost `3
lakh for a Dalit student, but now they are being sold for more than `25 lakh,” Gandhi alleged at a
media briefing of Dalit Panchayat Presidents Association here on Saturday. Despite having a total
outlay of `696 crore, the officials did not release any amount for the post-matric scholarship last year,
he said. “This has affected the studies of many poor Dalits who are dependent on the scholarship
amount,” he said. The worst affected are the young ones from the community aspiring to be engineers
and doctors. “We urge the State government to ensure that all those 120 seats that have not been
filled up due to the scholarship issue be filled up,” said Gandhi. As the government has cleared the
amount of `334.76 crore for the year 2015-16, he appealed that last year’s pending sum of `696 crore
also be cleared. Hailing the role of AIADMK general secretary J Jayalalithaa for her welfare schemes
to uplift the downtrodden, he blamed the officials for failing to release the amount at the right time.
The federation also urged the government to ensure that the funds under Scheduled Caste sub plan
are not diverted to other schemes. (New Indian Express 20/4/15)
Protest against implementation of A.J. Sadashiva panel report (25)
DAVANGERE: Members of the district unit of Banjara Hakku Horata Samiti took out a procession and
staged a dharna outside the Deputy Commissioner’s office here on Monday asking the State
government not to implement the recommendations of the A.J. Sadashiva Commission. The
protesters took out a procession from the KSRTC bus terminal which culminated outside the Deputy
Commissioner’s office. Instead of conducting a study at the district, taluk, village and hobli-levels, the
commission prepared a report by collecting opinion from only some parts of the State. The
commission report was completely one sided and transparency had not been maintained while
preparing it. “Instead of conducting a detailed survey, the commission made attempts to divide Dalits
by differentiating them,” he added. Even decades after the country gained Independence, the
Lambami community was suffering from lack of basic facilities and its members were educationally
and socially backward. Instead of offering more facilities and reservation to people of the community,
the commission proposed to remove them from the list of Scheduled Castes. The agitation was led by
the former MLA Basavaraj Naik and agriculture produce marketing committee president Raghavendra
Naik. (The Hindu 21/4/15)
Disability not a separate category for quota: Rajasthan HC (25)
JAIPUR: Rajasthan high court has today ordered that reservation for the disabled should be given
within the caste quota as disability is not a separate category, independent of caste reservation. The
division bench of Chief Justice Sunil Ambwani and Ajit Singh today struck down a single bench order
of the high court, approving the selection of a candidate from general category in the disabled quota
of the OBC on a review petition by one Dharampal Yadav. The court, admitting his petition, said if
disability is considered as a separate category outside the caste reservation, then reservation would
exceed the limit of 50%. The court observed that general category person, even if he is disabled,
cannot be selected in the OBC category for the disabled. The Rajasthan University had invited
application for 10 posts of assistant professors for disabled in various departments. Out of the 10
posts three were for SC, two for STs and 5 were reserved for the OBCs. But the university out of the
five posts for OBCs, selected one general candidate Mohit Jain in the accountancy and business
statistics department, claiming that he was meritorious than the rest of the other candidates. This was
challenged by Dharampal Yadav, who said a general candidate could not be selected on the post
reserved for OBC. But the single bench of the high court dismissed his petition. Then he filed a review
petition in the double bench. The reservation for the disabled should be given within the caste
reservation. So, the appointment of Mohit Jain in the OBC quota of the disabled is illegal. But the
court said if there is vacancy, the university could accommodate him. (Times of India 25/4/15)
Internal reservation among Scheduled Castes opposed (25)
KALABURAGI: A federation of the Banjara, the Bhovi, the Korava and the Korcha communities would
stage a protest on Wednesday here expressing opposition to the A.J. Sadashiva Commission’s
recommendation to introduce internal reservation among the Scheduled Castes. The former minister
Revu Naik Belamagi and the former member of the zilla panchayat Subhash Rathod, addressing
presspersons here on Sunday, said that the federation would organise a rally ‘Shoshita Etka Nadige’
from Nehru Gunj to the Deputy Commissioner’s office and submit a memorandum to urge the
government to reject the recommendations of the commission. Mr. Belamagi said that the
communities which are in small number among Scheduled Castes will be subjected to further
marginalisation if the recommendations are implemented. (The Hindu 27/4/15)
Govt Raises SC, ST Quota for Students (25)
BHUBANESWAR: The State Government on Wednesday increased the quota for scheduled
categories students in higher education, including technical and professional colleges, from 20 per
cent to 38.75 per cent. The reservation of seats in Government educational institutions for Scheduled
Tribe (ST) students has been increased from 12 per cent to 22.5 per cent while it will be 16.25 per
cent from the existing 8 per cent for Scheduled Caste (SC) students. The revised reservation of seats
for scheduled categories students will be applicable to all Government educational institution from
Plus-Two to Post- Graduation level. This will also be applicable to Government engineering colleges,
medical colleges, technical institutions and other professional courses. This will be applicable from
2015-16 academic session, said a release from the Chief Minister’s office. Though there is provision
of 38.75 per cent reservation for the ST and SC candidates in Government jobs, the same ratio of
reservation was not maintained in education. (New Indian Express 30/4/15)
Panel urges new criteria for SC/ST applicants in technical jobs (25)
NEW DELHI: The Committee on the Welfare of Scheduled Castes and Scheduled Tribes, in its latest
report on action taken by the government, has recommended that eligibility criteria be amended to
facilitate influx of meritorious SC/ST candidates in the scientific and technical field. The Committee’s
report on action taken by the government on its recommendations in the 26th report was on Thursday
laid in Parliament. It had in the earlier report on the review of representation of SCs and STs in senior
government positions noted that even today the community is not considered qualified enough for
scientific and technical posts. “The absence of reservation clause in the scientific and technical posts
is just another tactic to rob them of their opportunity to get a foothold in the field of scientific and
technical expertise,” the committee noted. In its reply, the government said only those scientific and
technical posts which are required for conducting research or for organising, guiding and directing
research and also fulfilling the certain stipulated requirements are exempt from the purview of
reservation orders. However, the conditions do not apply to posts in the Department of Space and in
the Department of Electronics and in regard to the recruitment of trainees at the training school under
the Department of Atomic Energy. Commenting on the government’s reply, the Committee has said
the absence of reservation in the scientific/technical posts and also posts meant for conducting or
guiding research has rather deterred SC/ST candidates from venturing into these fields. Accordingly,
it has suggested that the eligibility criteria need to be amended to encourage meritorious candidates.
The Committee had also expressed dismay over the backlog in Group ‘A’ posts, to which the DoPT
submitted that special recruitment drives had been launched to fill up the backlog. The overall
success rate of the drive was 74.85 per cent. (The Hindu 1/5/15)
Housing plan: BPL out, caste census in (25)
New Delhi, May 3: The Centre plans to change the criteria for selecting the beneficiaries of its rural
housing scheme for the poor, dropping the earlier poverty-list-based method for one that uses a
points system based on the ongoing caste census. The government believes the proposed reform will
achieve better targeting by including deserving families left out of the below-poverty-line (BPL) list, but
critics feel it would leave a huge number of households tied on points in every village, spawning
controversy. It's the Union rural development ministry that has drafted the list of 10 proposed criteria,
carrying 15 points in all, for the Indira Awaas Yojana. The ministry wants to build 25 lakh houses in
2015-16 under the scheme, with Bengal set the highest target of 4.32 lakh houses because of its high
number of homeless and poor. However, the cabinet is expected to change the 75:25 ratio of central
and state spending under the scheme to 50:50, which could make it more challenging for some states
to meet their target. Till now, the states used to select the beneficiaries from their BPL lists, prepared
after the last BPL census in 2002, which ruling parties found easy to manipulate because the lists
were thin on specifics. In 2011, the BPL census was renamed as the Socio-Economic Caste Census,
with the government deciding to collect caste data along with more wide-ranging and detailed
economic data. The caste census, the first since 1931, was meant not just to enable necessary
revisions to reservation lists and volumes but also to better target the welfare schemes. So, the caste
census data would have replaced BPL data anyway - the government has decided it will be from this
year for the rural housing scheme and has drafted the criteria. Sources said that although the re-
verification of caste census data wasn't yet complete across India, there was enough material to make
the revised criteria a success. Rajeev Sadanandan, a joint secretary in the ministry, wrote to all the
states last month seeking their comments on the draft criteria by April 30. The ministry is likely to
finalise the criteria in May so that the states can identify the beneficiaries by June. There has been a
general feeling that the BPL data had outlasted their utility. For instance, the Yojana guidelines say at
least 60 per cent of the houses must go to the Scheduled Castes and Scheduled Tribes and 15 per
cent to minority groups. But many states have complained that the 60 per cent quota was no longer
feasible because virtually all their BPL Dalit and tribal families had already been covered…. (The
Telegraph 4/5/15)
MPs, MLAs fall in OBC ‘creamy layer’, panel says (25)
NEW DELHI: Children of past and present members of Parliament and state legislators should not be
eligible for OBC reservations, the National Commission for Backward Classes (NCBC) has
recommended. The OBC panel has argued that election to "high offices" like Parliament and state
legislatures shows that the said individuals have achieved "social elevation" and "should logically
come within the category of creamy layer". The unambiguous verdict comes in response to an
outpouring of complaints that children of elected representatives are getting "non-creamy layer"
certificates. The panel has also recommended that wards of a 'Class I' officers in state government or
Centre should be excluded from reservation benefits, irrespective of the officer being a "direct recruit"
or a "promotee". Presently, only the "direct recruits" are considered part of the "creamy layer". "Any
Class I officer achieves a higher social status the moment he becomes a Class I officer whether by
direct recruitment or through promotion. Promotee Class I officer draws much more salary than the
direct recruit," the NCBC has argued. While legislators in popular understanding constitute advanced
sections of backward communities, the schedule of "creamy layer" for Mandal quotas does not
mention them under the category of "constitutional posts". In the absence of a specific mention of
"elected offices" in "creamy layer" schedule, experts say 'salary criterion' determines if the child of an
MP/MLA deserves reservation benefits. As part of revision of "creamy layer" undertaken every three
years, the Commission has proposed a new draft in a letter to the ministry of social justice. It has also
recommended, as reported by TOI, that annual salary for exclusion from quota benefits should be
raised from Rs 6 lakh to Rs 10.50 lakh. The proposal poses a tricky question for the Centre unless
elected representatives voluntarily give up claim on 27% quotas in job and education. While NCBC's
advice is not binding on government, the reality appears a bit different after the Supreme Court
recently struck down the inclusion of Jats in the OBC list. One of the reasons cited was that the
Centre had ignored the advice of the panel. (Times of India 6/5/14)
“Implement BC panel recommendations” (25)
CHENNAI: DMK leader M. Karunanidhi on Wednesday urged Prime Minister Narendra Modi to
implement the recommendations of the National Commission for Backward Classes for increasing the
“creamy layer” criterion for OBCs from the present annual salary of Rs. 6 lakh to Rs. 10.50 lakh. In a
statement here, he said while the DMK was for dispensing with the creamy layer, it wanted
implementation of the recommendations of the commission as it alone would ensure the benefits of
reservation for the OBCs. “The recommendation will pave way for crores of OBCs to get employment
opportunities and education,” he said. (The Hindu 7/5/15)
77. Bainsla begins ‘Nyay Yatra’ for SBC quota (25)
JAIPUR: Gujjar leader Kirori Singh Bainsla on Monday launched a 'Nyay Yatra' (journey for justice)
with a revised demand to have an increased quota for the Specially Backward Classes (SBC) within
the overall reservation limit of 50%. Bainsla and his supporters started the Yatra from Peepalkheda-
Patoli, the place of first major Gujjar agitation for reservation in May 2007, and travelled through
Abhaneri and Sikandra in Dausa district to reach Kaimri in Karauli district for a night halt on day one.
The Kaimri region's dominant Khatana Gujjars, who had moved away from Bainsla's leadership in
2008, returned to his camp on Monday. The Yatra would conclude at Pilukapura, the place of Gujjars
agitations in 2008, 2009 and 2010, on May 21. "If, by May 21, the state government fails to take
concrete steps to bring in a new bill to give us (increased) reservation within the 50% limit, we will
once again embark on the path of agitation and the government will be responsible for the
consequences," Himmat Singh said quoting Bainsla. Singh is spokesperson of the Bainsla-led
Rajasthan Gujjar Aarakshan Sangharsh Samiti that organised widespread quota agitations in May
2007 and May 2008 when 72 people were killed in police firing and almost the entire eastern
Rajasthan remained paralysed for months as Gujjars sat on the railway tracks and the national
highways blocking the passage of traffic. "The BJP election manifestos of 2013 and 2014 promised a
resolution of our demand but the Vasundhara Raje-government has been fooling us for a year now,"
Singh said, accusing the state government of double-speak. "Minister Rajendra Rathore promised us
during the Katara-Ajij agitation to get the Attorney General to argue our case before the Rajasthan
high court, but nothing happened for a year," he said. Singh highlighted, "As the Jat reservation got
stuck recently, the Raje-government not only brought the AG (Mukul Rohatgi) from Delhi in a charter
plane to appear before the high court here, but also made a strong statement through him that
granting reservation was the government's exclusive domain." He emphasized, "The government
never showed such resoluteness for the SBC reservation and always expressed its helplessness in
granting us our right citing legal hurdles. It shows the government's double-speak for different
communities." The Nyay Yatra was started to mobilize the Gujjar community in the light of the
Supreme Court judgment to strike down Jat reservation in eight states, including Rajasthan's
Bharatpur and Dholpur districts. The non-Jat communities within the Other Backward Classes (OBC),
too, recently held demonstrations to demand exclusion of Jats from the OBC category for entire
Rajasthan. (Times of India 12/5/15)
Challenge to court's quota repeal (25)
Patna, May 13: An appeal was filed in the high court on Wednesday, challenging its May 4 order
quashing the government's decision to provide reservation benefits to Scheduled Castes and
Scheduled Tribes in promotions. One Narendra Kumar, the general secretary of SC/ST organisation,
had filed a letter patents appeal (LPA) in the court. He has challenged the high court's earlier order,
setting aside reservation in promotions. An LPA is an appeal from a decision of a single judge to a
division bench of the same court. The government had issued a notification in August 2012, ensuring
reservation in promotion for SC/ST employees in government services. The decision was taken at a
cabinet meeting presided over by chief minister Nitish Kumar. The single bench of Justice Vijayendra
Nath on May 4 quashed the decision. The court stated that the government did not take into
consideration the overall backwardness of the castes. The appeal filed by Narendra stated that the
judgment delivered by the single bench was based on misinterpretation of M. Nagaraj vs Union of
India (October 2006) case. In the M. Nagaraj case, the Supreme Court had held that there should be
only three criteria before deciding reservation in promotions - backwardness, inadequate
representation and overall efficiency. Upholding a petition filed by an aggrieved general category
employee, Sushil Kumar Singh, and others challenging the reservation in promotions, the high court
on May 4 said the state had failed to contemplate on the impact of the reservation policy in promotion
on the overall administrative efficiency. The petitioner's lawyer, Dinu Kumar, said Bihar has
quantifiable data, which is sufficient for satisfying the requirement as laid down by the Supreme Court
in the case of M. Nagaraj that speaks of the three criteria. He added: "The government, while
providing reservation in promotion to Scheduled Castes and Scheduled Tribes, had clearly stated that
both castes have less than 16 per cent and 1 per cent representation, respectively, in government
services. Providing reservation to them had not violated the Reservation Act as the 50 per cent ceiling
limit has not been crossed." The appeal, expected to be heard next week, further stated that in the
case of Rohtas Bhankhar vs Union of India last year, the apex court had ruled that there should be
only two compelling reasons for providing reservation in promotions - backwardness and inadequate
representation. So far overall efficiency was concerned, the court has held that the government has
domain to relax the criteria of efficiency or merit with respect to Scheduled Castes and Scheduled
Tribes. The appeal challenged the single bench ruling that reservation benefits to Scheduled Castes
and Scheduled Tribes in promotions in government services was done without any sufficient data and
conducting proper survey. It also challenged the high court's consideration of the creamy layer, as the
appeal filed said in both cases of Ashok Kumar Thakur and Indra Sawhney, the Supreme Court had
held that the concept of creamy layer will not apply to the case of Scheduled Castes and Scheduled
Tribes. (The Telegraph 14/5/15)
Leading the Transgender People's Battle for Rights (25)
THIRUVANANTHAPURAM:A banner at the entrance of Hassan Marikkar Memorial, Palayam, on
Friday, read ‘Welcome Tiruchi Siva MP, the warrior for transgender people’. Superlatives, comical and
rarely true, often find a place on banners for politicians. This time, though, the description was no
exaggeration. For the person in question had moved the Rights of Transgender Persons Bill, which in
April became the first private member Bill to be passed in the Rajya Sabha in 45 years. On Friday, he
was in the city to inaugurate ‘The Dale View TG Fest 2015’. The state he hails from, Tamil Nadu,
treats transgender people with greater respect than in Kerala, according to the transgender
participants of the fest. Still they fail to mention that in all Indian states, a transgender person often
ends up as a commercial sex worker or turns to begging. It hardly occurs to them that a respectable
life free of discrimination is not a privilege, but a right. “They are tax payers, but they are not enjoying
the rights and privileges which the Constitution guarantees to other citizens of the country. That’s
what provoked me to think why a law should not be in place, for the protection of their rights,” says the
MP. The number of private Bills, Bills introduced by a legislator not acting on behalf of the executive,
which met their happy ending are very few in the history of Indian legislature. There were many
detractors, who predicted that the Transgender Bill will be thrown to the bin. Siva equates the debates
that happened in the Upper House to a “football match”. But, eventually, the Bill was passed by a
unanimous voice vote. He has four decades of political career. In 2012, Siva had moved another
private Bill to include 22 languages as the official languages of India. However, now he is identified
as a spokesperson for transgender people. “I am happy that you call me a transgender spokesperson.
I have many responsibilities and one among them is this,” he says. Siva does not remember any
incident which acted as the trigger for his movement. “I don’t need a personal experience. We are
brought up with the principles of social justice. Every man must be treated equal to the other person in
every aspect,” he says. He says that the principles he follows were forged by his party, DMK. As 49.5
per cent of seats in government institutions have been reserved for Scheduled Castes (15 per cent),
Scheduled Tribes (7.5 per cent) and Other Backward Classes (27 per cent), it was not possible to set
aside seats exclusively for transgender people. So, the Bill proposes a 2 per cent reservation for
transgenders in each of these categories. Transgenders who don’t belong to these categories do not
have reservation. To this, Siva says, “Reservation for OBCs came in the nineties. The fight for it went
on for decades and we waited for so many years after Independence. We waited till then. This Bill too
is a first step.” He exhorted the participants of the TG Fest to garner support for the Bill, when it gets
presented in the Lok Sabha. “Let us wait till it gets passed in the Lok Sabha. It will then be a ray of
hope in the life of transgender persons. The discrimination that they have been suffering all these
years will come to an end. This is not the end of it. This is the beginning,” he says. (New Indian
Express 16/5/15)
Bihar to challenge single bench order on quota in promotion (25)
Patna: The state government will file an appeal before a division bench of Patna high court within two
days against the May 4 order of a single bench setting aside the provisions for reservation with
consequential seniority in promotions to government employees belonging to Scheduled Castes (SC)
and Scheduled Tribes (ST). Justice V Nath had allowed the writ petition filed by Sunil Kumar Singh
and others who challenged the state government's resolution of August 21, 2012. The petition alleged
flaws in the data on the basis of which the government decided to give reservation in promotions to
the SC and ST employees. The data is not scientific and is vague in nature, they claimed. Talking to
reporters here on Sunday, principal additional advocate general, Bihar, Lalit Kishore Prasad said, "On
the perusal of the single bench order, in my opinion, there are various legal infirmities." Prasad also
said the government would also seek an opinion from the Solicitor General of India before taking any
decision in this regard. The state government is also looking for a senior counsel from Supreme Court
to appear on its behalf, he said. Prasad also said granting the benefit of reservation in promotion to
the government employees belonging to SC/ST had always been of paramount consideration for the
state government. The said benefit had been extended by the state of Bihar even before 77th
Constitution amendment. "After 85th constitutional amendment by which the benefit of reservation
with consequential seniority was introduced, Bihar came out with notification dated June 7, 2002, for
grant of benefit of reservation with consequential seniority to SC/ST," Prasad told reporters. He further
said after the apex court decision in Nagraj case in October 2006, the then state government headed
by CM Nitish Kumar had issued circular on February 5, 2008 granting the said benefit. "When the said
circular of February 2008 was quashed by the high court, CM Nitish again instructed the nodal
department - SC/ST welfare department - for collection of data for assessing objectively the
backwardness, inadequacy of representation to SC/ST members," he said and added that another
notification was issued on August 21, 2012, for grant of benefit of reservation which was challenged in
HC. Again, the state government contested the matter seriously. The decision was taken at the level
of the then CM Jitan Ram Manjhi to engage senior counsel of the SC to appear on behalf of the state
government and, accordingly, P S Patwalia, senior Supreme Court advocate, appeared on behalf of
the state. (Times of India 18/5/15)
Plea to earmark quota for Dalits (25)
MADURAI: The Dalit Liberation Movement has appealed to the government to quantify the
percentage of posts reserved for Scheduled Castes and Scheduled Tribes in the recruitment of 4,396
Laboratory Assistants for government schools in the State. In a memorandum submitted to the
Collector here on Wednesday, S. Karuppiah, State joint general secretary of the Movement, pointed
out that there was no reference to reservation for SCs and STs in the advertisement released on May
31 for recruitment of Laboratory Assistants. The memorandum said that candidates with PG
qualification and above had applied for the post, which required only SSLC qualification. It wanted the
government to quantify the reservation for SCs and STs and Arunthathiyars and also reconsider
participation of candidates with PG qualification and above in selection process. (The Hindu 21/5/15)
Come to Bayana with concrete proposal: Gujjars to government (25)
Jaipur: Membedrs of the Gujjar community, staging a protest to seek five percent reservation in
government jobs under OBC category in Rajasthan, on Monday said if the state government wanted
to hold talks it should come to Bayana town with concrete proposals. The protestors, meanwhile,
continued to sit on railway tracks in Bharatpur district affecting movement of trains for the fifth day on
the important Delhi-Mumbai sector. Gujjar leaders refused to meet the state government delegation in
Jaipur, as was requested by the three-member ministerial committee that met them (the Gujjar
leaders) in Bayana on Saturday. "We are not going to meet the government in Jaipur. If they want
they will have to come to Bayana to meet us and that too with a concrete proposal," Himmat Singh,
spokesperson of the Gujjar Arakshan Sangarsh Samiti told IANS. "We are going to jam the state if our
demand for providing five percent reservation under SBC (special backward class) category is not
met. Though the police with the help of local BJP workers have opened the Jaipur-Agra national
highway, but we will block it once again," Singh said. Kirori Singh Bainsla, convener of the Gujjar
Arakshan Sangarsh Samiti, said: "Treason charges and negotiations cannot go together, so the
government should decide what it wants." On Sunday, cases were registered against Bainsla and 12
others for treason, blocking rail and road traffic, and damaging public property and railway tracks. On
Saturday, talks were held between a three-member ministerial committee and a six-member
delegation of the Gujjars in the premises of a college in Bayana town, a few kilometers from the place
where the protestors are squatting on railway tracks. However, the talks failed to make any headway.
The ministerial team that held talks on Saturday comprised Medical and Health Minister Rajendra
Rathore, Social Welfare Minister Arun Chaturvedi and Food and Civil Supplies Minister Hem Singh
Bhadana. The Gujjars have been protesting in Bharatpur for reservation in government jobs and
educational institutes. The sit-in by Gujjars in Pilu Ka Pura area of the district has affected the
movement of at least 100 trains so far, including those on the Delhi-Mumbai section, officials said.
Gujjars had staged violent protests earlier in 2006-2008, in which 67 people had lost their lives.
(Business Standard 25/5/15)
Gujjars hold talks with Rajasthan government (25)
Jaipur: Accepting Vasundhara Raje government’s offer to come to Jaipur to hold talks on reservation
issue, Gujjar leaders on Tuesday decided to hold meeting with the committee of ministers in the state
capital. The Delhi-Mumbai rail track in Bharatpur, Agra-Jaipur national highway in Dausa and a state
highway in Sawaimadhopur are still blocked. A delegation of 11-Gujjar members has left for Jaipur
from Pilukapura in Bharatpur and the meeting is scheduled to take place late in the evening. “The
agitation leader Kirori Singh Bainsla accepted the government’s proposal and formed an 11 member
delegation to hold talks with the committee of ministers in Jaipur today (Tuesday). The delegation will
reach Jaipur late in the evening,” Himmat Singh, spokesperson of the Gujjar Arakshan Sangharsh
Samiti said. Mr Bainsla is not the part of the delegation. “Our demand is five per cent reservation
within the legal limit of 50 per cent. We will accept only fresh and a concrete proposal if offered by the
government.” “The outcome of the meeting will be discussed with Bainsla and any decision about the
future course of action will be taken thereafter and this all will depend on the outcome of the meeting,”
he said. Earlier in the day, Mr Bainsla was adamant for calling the committee of ministers at Bayana
in Bharatpur for next round of the talks. (Asian Age 27/5/15)
CPI (M) plans rallies seeking quota in private sector (25)
WARANGAL: The Communist Party of India (Marxist) proposes to take out rallies all over the district
on June 8 and 9 demanding reservations in private sector. On June 10, the party is planning a
massive demonstration at the district Collectorate, said district secretary S Vasudeva Reddy here on
Thursday. He urged all political parties and peoples’ organisations to join and support the cause. The
Chief Minister should take note of the demand and bring out suitable legislation providing reservations
in private companies to dalits and BCs. The party had been organising awareness programmes since
May 10 across the district and also demanding implementation of BC sub plan. Mr Vasudeva Reddy
alleged that the policies of State and Central governments have been designed to promote the
corporate houses. Since there was no employment opportunity in government sector majority of
educated youth were finding it difficult to get jobs. They were depending on private sector. The State
and Central governments should act to provide reservations in private sector, Vasudeva Reddy and
the CPI (M) state committee member Mettu Srinivas demanded. They said the children of as many as
35 BC communities don’t have access to school education. The leaders have released a poster
related to the party agitation programme. (The Hindu 29/5/15)
Activist moves court over EWS reservation (25)
GURGAON: A city-based activist has moved the Punjab and Haryana high court challenging the non-
implementation of a rule that allows 10% reservation for students under the economically weaker
section (EWS) category. The activist pleaded that the high court give directions to the state
government to implement provisions of 134A of the Haryana State Education Rules, 2003. "The
academic session kicked off in April, but there is no clarity over admissions for students of classes I-
VIII. At the last minute, the admission process was put on hold," Satyaveer Hooda, the petitioner,
said. "There are around 1,100 students waiting for admissions under the reserved quota in private
schools of Gurgaon, while the count is 65,000 across the state," he said. The court has issued a
notice to the state government and has listed the matter for June 17. The district education officials
say that they are helpless and the orders were issued by the state government and they have to
implement them in letter and spirit. It is noteworthy here that on April 1, a double-judge bench of
Punjab and Haryana High Court headed by Justice SK Mittal had directed the private unaided schools
of Haryana to admit the EWS (economically weaker section) students under rule 134A for grade two
to twelve. The court had also said that the provisions of Right to Education (RTE) Act will stand to
apply in grade one. (Times of India 2/5/15)
Seek clarification on reservation list for Palike polls: High Court (25)
Bengaluru: The Karnataka High Court on Friday directed the State government to seek clarification on
the reservation list announced by it as per the 2001 census for the elections to the Bruhat Bengaluru
Mahanagara Palike. Disposing of a petition filed by the Karnataka State Commission for Scheduled
Caste (SC) and Scheduled Tribes (ST) challenging the reservation list, Justice Raghavendra S
Chauhan directed the government to seek clarification with the single bench which had directed it to
conduct the elections with the existing delimitation of wards and reservation list. In the order, the
bench said there was an apparent contradiction with respect to the constitutional provision regarding
the reservation list and delimitation of wards and the judgement of the court. The government,
therefore, needs to seek clarification for any modification of the same, it said. Supreme Court senior
counsel Gopal Subramanium, appearing for the SC/ST Commission, contended that the reservation
list announced by the government had not been done in accordance with the 2011 census, which was
published in 2013. The senior counsel said the government had not announced the reservation list in
the interest of the community, as there was a 48 per cent difference in terms of the population
percentage of SC/ST. The reservation list was announced keeping the population count as per the
2001 census and not the 2011 census. He said the list was not in the interest Article 234 T of the
Indian Constitution, which talks about reservation for SC/ST in the municipal elections. Additional
Advocate General A S Ponnanna submitted that the deputy commissioner had already submitted the
draft on the delimitation of wards as per the 2011 census and it had been forwarded to the Urban
Development Department. Due to the pending litigation and the single bench order, the government
had not yet notified it, he said. During the hearing, the bench observed why the High Court should
provide instructions to the State government to conduct the BBMP elections and why the government
was not able to take a decision on its own. (Deccan Herald 6/6/15)
Creamy layer cap may be Rs 8 lakh (25)
New Delhi: The Centre is likely to raise the creamy layer ceiling for the Other Backward Classes
(OBCs) from the present annual salary of Rs 6 lakh to Rs 8 lakh. If the government goes ahead with
this proposal, families earning over Rs 8 lakh will not be eligible to seek OBC reservation benefits in
government jobs and admissions in institutes of higher education. The government has reserved 27
per cent seats for the OBCs. Increasing annual salary bar from existing Rs 6 lakh to Rs 8 lakh would
bring more backward class aspirants under the reservation net and increase competition in jobs and
admission to educational institutions like IITs and IIMs. Recently, the National Commission for
Backward Classes (NCBC) had recommended the Ministry of Social Justice and Empowerment to
increase the creamy layer ceiling for OBCs from the existing annual salary of Rs 6 lakh to Rs 10.50
lakh. The creamy layer bars the affluent among the OBCs from reservation benefit on the basis of
family income. Though the commission suggestion is not binding on the government for
implementation, sources in the Ministry of Social Justice told Deccan Herald that it is studying it and
trying to maintain balance. Instead of Rs 10.50 lakh as recommended by the commission, the
government is thinking on limiting it to Rs 8 lakh per annum, the sources said. Taking into note the
poor representation of backward classes in the central government jobs, the NCBC also
recommended in its report that qualifying standards will be relaxed for the OBCs to fill the 27 per cent
seats. A senior official in the commission said despite reservations, most of the seats for the OBCs in
premier educational institutions such as IITs and IIMs have remained vacant and also in government
jobs. (Deccan Herald 7/6/15)
HC refuses to vacate stay on quota for promotion to SC employees (25)
CHANDIGARH: Punjab and Haryana high court on Monday refused to vacate stay on its orders of
restraining Haryana government from keeping 20% seats for Class III and IV employees belonging to
scheduled caste (SC) category in departmental promotions. The court, however, allowed the
petitioner employees to implead as party in the main case and issued a notice to general category
employees and the state government.The court has passed these orders while hearing a petition filed
by the SC category employees of the Haryana government seeking stay on the May 27 orders. It also
refused to prepone the hearing of the case and fixed their appeal with the main petition on October
16. Manohar Lal Khattar-led BJP government in Haryana had issued the notification on May 15
providing benefit of quota in promotions of employees of SC category with effect from April 1, 2013.
The notification was challenged before the high court by Dinesh Kumar Sharma and others, who are
working as assistants in the Haryana Civil Secretariat. Hearing their plea, a bench headed by Justice
Amita Rawal had ordered a stay on the notification on May 27. According to the petitioners from
general category, the representation of SC in the cadre of assistants was more than 20%. They stated
a further benefit of 20% reservation through the notification would amount to reverse discrimination
causing immense injustice to the general category staff. They had also pleaded that in the M Nagraj
case and several other judgments, the Supreme Court had ruled that provision as contained in Article
16 (4) of the Constitution enabled the government to provide for reservation only during initial
recruitment and not for the subsequent stage of promotion. It was also argued that reservation in
promotion was held to be violative of Article 14 of the Constitution by the apex court on several
occasions. Aggrieved from the petition and stay orders, the SC category candidates have now move
the high court. (Times of India 9/6/15)
SC/ST Staff Demand Scrapping of DPC List (25)
BHUBANESWAR: A piquant situation arose in the State Secretariat on Thursday when Scheduled
Caste and Scheduled Tribe employees shouted slogans alleging discrimination against them in
promotion and demanding scrapping of the list prepared by the Departmental Promotion Committee
(DPC). The employees gathered on the corridor near the main entrance of the ground floor and
shouted slogans when Ministers were on their way to the Cabinet Meeting. They wanted to meet
Chief Minister Naveen Patnaik who takes the corridor route to his chamber. However, police did not
allow the agitating employees to meet the Chief Minister. The agitators were dispersed forcibly before
the arrival of the Chief Minister. “This is harassment of SC/ST workers. This is a discrimination,” said
Vivekananda Samal, secretary of Odisha SC/ST Workers’ Association. Later, the SC and ST
employees sat on a dharna till 5 pm, Samal said. The SC and ST employees alleged that while
employees belonging to the general quota get promotion to the posts of desk officer and under
secretary, they cannot reach these posts. Describing the DPC list as faulty, general secretary of
Odisha SC/ST Workers’ Association Ananta Kumar Majhi demanded that it should be scrapped. The
association members had met Chief Secretary Gokul Chandra Pati to draw his attention to the
demand. On the other hand, members of Odisha Sachivalaya Seva Sangha had protested in front of
the office of the Chief Secretary on Wednesday demanding immediate publication of the
Departmental Promotion Committee (DPC) list. (New Indian Express 12/6/15)
Subdivision of OBCs not on our agenda, Centre says (25)
NEW DELHI: Union social justice minister Thaawar Chand Gehlot has said the Centre is not
considering any proposal to subdivide the OBCs as proposed by the National Commission for
Backward Classes. "There is no such view within the government. There is no discussion at any
serious forum. This issue is not under examination," Gehlot told TOI about a recent proposal of the
panel. In an April missive, the NCBC asked the Centre for a direction on whether it should go ahead
with "subcategorization of OBCs" for which the preliminary process had been initiated after a nod from
the UPA regime. The panel argued that subdivision would ensure equitable distribution of Mandal
reservations. "Subcategorization" is seen as the solution to the grievance that stronger backwards
have cornered the reservation benefits to the detriment of weaker sections within the category. The
socially feeble groups are unable to compete with the empowered castes with whom they vie for OBC
quota benefits. It is proposed that OBCs be divided into subgroups as per their social profile, with 27
per cent quota apportioned among them in proportion to their population. If the social justice minister's
response betrays a reluctance to bite the bullet, the stance could be owing to its possible implications
for Bihar elections due later this year. There may be a fear that subdivision would anger the stronger
backwards like yadavas and kurmis. The leaders of the two communities — Lalu Prasad and Nitish
Kumar — have joined hands in an alliance against BJP. There is a conflict between weaker and
stronger OBCs over the issue. While the former feel it would boost their chances of tapping the
Mandal quotas, the latter are apprehensive that it would limit their playing field to just a fraction of the
27 per cent quota available to them. Consequently, the resentful stronger backwards could
consolidate aggressively in favour of the RJD-JD(U) combine. On balance, BJP believes it can dent
the vote base of Lalu-Nitish alliance and may want to avoid a provocation like subdivision. Observers,
however, argue that it may not be as big a political risk since subdivision would be lapped up by the
weaker OBCs who see it as panacea to their sidelining by their empowered brethren since the onset
of Mandal benefits. The weaker OBCs far outnumber their empowered counterparts, forming a
stronger vote bank. A decision based on political grounds, experts lament, would sound the end of
what is a progressive step to refine the affirmative action regime, skewed as it is in favour of a small
section of the backwards. (Times of India 13/6/15)
Jat quota issue: Community members to gherao PM's residence (25)
Merut: In a bid to seek reintroduction of reservation for Jats, which was cancelled by Supreme Court
in March, the community has decided to gherao the residences of Prime Mintiser Narendra Modi and
other cabinet ministers in July. Annoucning this here yesterday, Akhil Bhartiya Jat Aarakshan
Sangharsh Samiti National President Yashpal Malik told PTI today that the court's order has
"jeopardised the future of thousands of youths".He further stated that the prime minister and BJP
National President Amit Shah on March 27 had assured Jat leaders that the Centre will take
appropriate steps in this regard and will try to find out a solution."But nothing has been done so for.
Thus we doubt the intention of the government," he added.During the meeting, the samiti also
demanded jobs and admissions under OBC reservartion catergory for jat youths, who had cleared
exams, interviews and other formalities before the court's decision. The apex court, in its verdict on
March 17 this year, had set aside the 2014 notification of the then UPA government to include Jats in
the central list of Other Backward Classes (OBC) in nine states for quota benefits. (Business
Standard 15/6/15)
SC scraps pre-medical entrance test, orders new one in four weeks (25)
New Delhi: In a major verdict, the Supreme Court on Monday scrapped the All India Pre-Medical
Entrance Test (AIPMT) for 2015-16 following the leak of its question paper and circulation of the
answer keys through electronic devices at different examination centres in 10 states. The AIPMT was
conducted for 15 percent all-India quota seats. A vacation bench of Justice R.K. Agrawal and Justice
Amitava Roy, while cancelling the examination and directing its re-conduct within four weeks, said:
"We are aware that the abrogation of the examination would result in some inconvenience to all
concerned and that same extra time would be consumed for holding a fresh examination with
renewed efforts." Holding that the entire conduct of the AIPMT has been rendered "futile by a handful
of elements seeking to reap undue financial gain by subjecting the process to their evil manoeuvres",
the court said: "We have thus no hesitation to order that the All India Pre-Medical and Pre-Dental Test
stands cancelled." "This, according to us, is the price the stakeholders would have to suffer in order to
maintain the impeccable and irrefutable sanctity and credibility of a process of examination, to assess
the innate worth and capability of the participating candidates for being assigned inter se merit
positions commensurate to their performance based on genuine and sincere endeavours," said
Justice Roy, while pronouncing the judgment. While directing the re-conduct of the entire test, the
court rejected the Central Board of Secondary Education's (CBSE) plea not to scrap the test as it
would affect 6.30 lakh students and also the re-conduct of the examination could not be completed
before four months. Taking note of the plea of "enormity" of the task and the time frame of "four
months" flagged by the CBSE, the court said: "We would emphasize that this is an occasion where it
(CBSE) ought to gear up in full all its resources in the right spirit, in coordination with all other
institutions that may be involved so as to act in tandem and hold the examination afresh at the
earliest".It was a "collective challenge" that all the role-players would have to meet, by rising to the
occasion and fulfil the task ahead at the earliest, "so as to thwart and abort the deplorable design of a
mindless few seeking to highjack the process for selfish gain along with the unscrupulous
beneficiaries thereof", the court said. While ordering that the exam be re-conducted, the court noted
that on previous occasions "such type of examination had been held anew within a period of one
month".Observing that all other institutions would not "lag behind to extend all possible assistance to
the Board in its renewed endeavour" involving "tireless efforts", the court said: "The CBSE would now
have to hold a fresh examination at the earliest, by complying with all necessary and prescribed
norms, being mindful of the exigency amongst others of the commencement of the academic session
which presently stands scheduled to be on and from August 1, 2015." The court's order came on a
PIL and other petitions seeking the re-conduct of the examination in the wake of the leak of the
question paper, contending that it has compromised the integrity of the entrance test. (New Kerala
16/6/15)
Figure of disabled aspirants at DU goes up by 70% (25)
NEW DELHI: The number of candidates for Delhi University's persons with disability quota has risen
by over 70% this year. There are a total of 1,031 candidates in all three disability categories—
blindness and low vision (460), hearing impairment (137) and locomotor disability and cerebral palsy
(434)—combined, a sharp increase from 2014's 600-odd. However, even if all 1,031 find seats in DU,
there would still be vacancies in the persons with disability quota which is 3% of the total—54,000—
undergraduate seats. The Equal Opportunity Cell will study the marks scored by these applicants and
is planning to write to the Dean Students' Welfare "to direct college to keep cut-offs for reserved
categories realistic"."There may be just a few students in the 95% and above group but colleges set
cutoffs with only them in mind. At some colleges, the first cut-off for PWD candidates is only a few
percentage points lower than what it is for general-category," says Bipin Tiwary, OSD-EOC. For
instance, Atma Ram Sanatan Dharma College's computer science cut-off was 98-100% for general
category and 96-98% for PWD. The sudden increase in the number of applicants Tiwary ascribes to
DU's efforts to make its premises accessible and that DU is perceived to be "sensitized and
proactive." The university had waived hostel fees for students of this category and reduced mess-hall
fees to half from November, 2012. Then, Tiwary says the EOC is ensuring that "every department has
ramps and accessible toilets". "Eighty buildings have already been covered." (Times of India 21/6/15)
Medical, paramedical intake issue may reach SC (25)
AHMEDABAD: When will their admissions take place? This question is haunting students of medical
and paramedical courses who have already filled up their forms. The matter is likely to go to the
Supreme Court. A couple of years back, the apex court had directed all state education boards to
complete admissions by June 25, before the all-India quota admissions begin. With this deadline
staring them in the face, the Admission Committee for Medical and Para Medical Courses (ACMPMC)
officials are likely to approach the SC to seek more time. The committee is likely to file an affidavit in
the SC on Tuesday. "Admissions in medical and paramedical courses take place on the basis of
marks of the Gujarat Common Entrance Test (GujCET) and XII (Science) results. But, till date,
rechecking of some class XII (Science) answersheets are still underway. The results are expected by
June 30. Before this, we cannot conduct the admission process," said an ACMPMC official. In 2014
too, the ACMPMC had approached the SC and the court had granted time till July 10 to complete the
first round of admissions in this course. "We will act according to the SC's directives. This time too, we
hope to get some respite from the court," said an ACMPMC official. ACMPMC officials said that unlike
last year, there were more aspirants for courses. In all, 28,558 forms were filled up for the 11,000-odd
seats. ACMPMC hopes to declare the merit list on July 2. (Times of India 23/6/15)
No change in 2L RTE beneficiary families' income for 3 years (25)
JAIPUR: The annual income of over 2 lakh beneficiary families under the Right to Education Act has
remained unchanged for the past three years. According to RTE guidelines, children of parents whose
annual income is up to Rs 2.5 lakh are eligible for admission in private schools that keep a quota of
25% of the total seats for them. But parents, who submit affidavits about their incomes every year,
have not shown an increase in their incomes for the last three years. Their incomes have remained
below Rs 2.5 lakh, the upper limit in Rajasthan under the RTE. This is second highest upper limit in
the country under the Act. A senior government official handling RTE confirmed TOI that most of the
affidavits received from parents have not shown a single penny's increase in three years. "We have
no such mechanism to cross-check the income of existing RTE families due to shortage of staff. Even
the RTE guideline is silent on physical verification of parents' incomes," said the officer. Rajasthan is a
leading state in the country in terms of RTE admissions in private schools. Till the 2015-16 academic
session, the state has 6.5 lakh students admitted under this Act. Damodar Goyal, an educationist,
sees this as the main reason why the state has admitted highest number of students in the country
under RTE since 2011-12, including 1.57 lakh in 2013-14 and 2 lakh in 2015-16 sessions. A close
look at the admission pattern this year shows that out of 2 lakh admissions only 80,000 were from the
economically weaker sections, while 1.20 lakh admissions were from the disadvantaged groups. State
RTE rule doesn't put any income cap for SC and ST students. As a result, many doctors and even
bureaucrats have admitted their wards under the RTE scheme. Goyal added that upper limit for the
economically weaker sections should be brought down to either the BPL level or maximum of Rs 1
lakh income per annum. He suggested that present practice of determination of income by two
eminent persons like municipal councillors, sarpanch etc should be disbanded and affidavit filed by
the applicant should be verified through revenue officials. Pranjal Singh, head of Abhytthanam Society
working for RTE, says the income cap of Rs 2.5 lakh in Rajasthan is being misused grossly. "Places
like Delhi have an upper limit of Rs 1 lakh and even in economically poor states like Bihar and Odisha
the upper cap on income is less than Rs 1.5 lakh," said Singh. The figures matter for the common
man due to the fact that the government is spending around Rs 14,000 per child admitted under the
RTE. In the last academic session, state spent Rs 105 crore on reimbursements to private schools on
account of admissions under RTE. A chartered accountant on condition of anonymity said that many
parents are not interested to show their income beyond Rs 2.5 lakh so to take the benefit of this
scheme. (Times of India 26/6/15)
Orphans deserve a berth in OBC list: BC Commission chief (25)
TIRUPATI: National Commission for Backward Classes Chairman Justice V. Eswaraiah on Sunday
strongly vouched for inclusion of the orphaned children in the Other Backward Classes (OBC) list,
saying that the category is ‘most deserving’ for the status. Justice Eswaraiah, who visited the TTD’s
Sri Venkateswara Balamandir, a special home for the orphaned and destitute children here, said:
“The deserving categories should get the benefits of reservation policy. The orphans are oppressed
as they don’t have parental affection, emotional attachment and any guide force for future. I believe
that reservation should not be given only on the basis of social marginalisation, but on the basis of
deprivation too,” he says. Taking a cue from the Supreme Court’s observation that the transgenders
are entitled to a berth in the OBC list, Justice Eswaraiah recently mooted the idea of including
orphans in the list for ensuring reservation for them in public sector undertakings and central
educational institutions. (The Hindu 29/6/15)
Bihar cabinet decisions: 50% quota in govt contract approved (25)
PATNA: Keeping in view Bihar assembly elections in September-October, the state cabinet on
Tuesday took several populist decisions, including 50% reservation to scheduled castes/tribes,
backward and economically backward castes and backward caste women in all government contracts
up to Rs15 lakh. Briefing media after the cabinet meeting, cabinet secretariat department's principal
secretary Shishir Sinha said people belonging to SCs would get 16%, STs 1%, EBCs 18%, BCs 12%
and BC women 3% in the 50% quota in contracts. In another major decision, the government has
done away with the mandatory 75% attendance of students in schools for financial year 2015-16.
Now, the government school students can avail the benefits of merit scholarship, cycle and 'poshak'
yojanas this year without any condition. In another decision to woo government employees/officers,
the cabinet cleared the proposal to adjust their strike period absence, from September 15, 1997 to
March 12, 2013, in their earned leave. Now, their strike period salary would not be deducted. The
government also simplified the procedure of payment of grants to the unaided educational institutions.
The amount would be sent directly to Bihar School Examination Board which will credit it to the bank
accounts of the educational institutes concerned through RTGS. The government also agreed to put
'Dangi' caste (Annexure-I) from backward to extremely backward caste category. 'Tanti' (Tatwa) under
EBC has been reverted to backward caste category. The proposal to share the Indira Awas Yojana
(IAY) amount (50:50) from the current financial year was also approved. The state share this year
would be Rs1032.03 crore for the construction of 2,80,255 houses under the scheme. The cabinet
also cleared the Bihar Public Service Commission recommendations for principals in five government
polytechnic colleges. They are Dr Barun Kumar Rai, Dr Anil K Singh, Dr Kumari Anima, Dr
Chandrashekhar Singh and Dr Fazle Sarwar. The dismissal of Mukesh Kumar Singh, the then
assistant engineer in WRD at Chandradeyi subdivision in Araria, was also sealed. Singh, under
suspension, is reporting to the office of chief engineer, water resources department, Patna. (Times of
India 1/7/15)
HC seeks govt reply on quota plea (25)
ALLAHABAD: Hearing a writ petition seeking direction to the Central as well as state government not
to continue reservation for Scheduled Castes, Scheduled Tribes and other backward class candidates
in future, the Allahabad High Court on Friday asked both the governments and state to file their
respective replies (counter affidavits) within four weeks. Hearing a writ petition filed by Prabhat Kumar
Singh, a high court lawyer, a division bench comprising Justice Rajesh Kumar and Justice Sher
Bahadur Singh directed to list this matter for hearing after six weeks. In the writ petition, it was alleged
that provisions of providing reservation now be declared ultra vires to the Article 14 (right to equality),
Article 16 (right to equal opportunity in employment) and Article 21 (right to life and personal liberty) of
the Constitution of India. In the petition, it was further requested that in substitute, the reservation be
provided to all castes. It elaborated that 50% of the total seats be reserved for all castes and the
remaining 50% be left open for the meritorious candidates belonging to all castes. (Times of India
4/7/15)
DMK Asks Centre to Release Census Info on Caste (25)
CHENNAI: DMK president M Karunanidhi urged the Centre to immediately release the caste data
enumerated under the Socio Economic and Caste Census 2011 so that appropriate upward revision
could be done in reservation. "The caste data should be released immediately, delaying it will not do
any good for Other Backward Classes," he said. He urged that the reservation for OBCs, Scheduled
Castes and Tribes must be upwardly revised after consideration of the caste data. "I urge the Centre
to focus on formulating new schemes for their (OBCs, SCs, STs) socio-economic upliftment," the
DMK chief said in a statement here. Referring to the huge data on socio-economic status released by
the Centre, he said, "We do not understand why they say that the data on caste will be tabled in
Parliament when they have put out so much on socio-economic front." He quoted Chairman, National
Statistical Commission Pronab Sen as saying that the caste details will be tabled in Parliament at the
appropriate time. PMK and Rashtriya Janata Dal have already demanded release of caste details of
the Census, he said. (New Indian Express 6/7/15)
Activists to pressurise Govt to implement Sadashiva Commission Report (25)
BALLARI: The newly formed Ballari district-based Asprashya Samudayagala Okkoota will be
launching ‘jail bharo’ campaign on July 9 in Ballari to pressurise the State Government to accept
Justice A.J. Sadashiva Commission’s Report to provide internal reservation among the Scheduled
Castes (SCs). H. Siddanna, K.M. Jayagopal, K. Venkateshmurthy, M. Shivappa, T. Pampapatti
among other members of the Okkoota, while talking to presspersons here on Tuesday, took exception
to the Siddaramaiah Government for not initiating any steps to accept the report, table it before the
Assembly and forwarding it to the Union Government for approval. “Mr. Siddaramaiah, as the leader
of the opposition, said many times that if Congress came to power, it would implement the
Commission’s Report. Even after two years, he still has not taken any steps, which is very
unfortunate,” they regretted. The members said that social justice continue to be a ‘mirage’ for the
untouchable community even after 67 years of independence. They also blamed the Ministers and
legislators representing the untouchable communities for not taking the issue (further action on
implementing the Commission’ Report) very seriously and said that they would be forced to agitate
outside their residences very soon. “If the report of the Commission had to be kept in cold storage,
why was the Commission constituted, besides spending public funds to the tune of crores of rupees,”
they questioned. The members want Chief Minister Siddaramaiah to table the report in the ongoing
session of the legislature and recommend the Union Government to implement it, failing which they
would be forced to intensify their agitation. (The Hindu 7/7/15)
New USSC free structure for general, SC/ST candidates (25)
DEHRADUN: Weeks after the state Government constituted the Uttarakhand Subordinate Services
Commission (USSC), the Congress government has come up with a new fee structure for candidates
appearing in examinations for various posts of Class-2 and Class-3 in different portfolios. As per the
new fee structure, general category candidates will have to pay Rs 300, while Rs 150 would be
charged from Scheduled Caste (SC) and Scheduled Tribe (ST) candidates, respectively. The decision
to finalize the fee structure for candidates for posts such as lower division clerks (LDCs), upper
divisional clerks (UDCs) and assistants, or other posts at par with these posts, was taken at a meeting
of USSC officials chaired by chief minister Harish Rawat on Saturday. Urging the officials to fight
corruption, Rawat asked them to maintain transparency, accountability and fairness while selecting
candidates. "As the commission was set up to do away with rampant corruption while recruiting
candidates for different posts of Class-3 and Class-2, its functionaries, including chairman R B S
Rawat, should discourage corruption while conducting these job-related examinations", said Rawat.
He also issued instructions to all state government departments to send the list of vacancies to be
filled out by the commission. Meanwhile, state Congress committee and state BJP leadership have
hailed the state government's decision to recruit all these posts through the newly constituted
commission. "Candidates will be selected purely on the ground of their merit and performance and not
through leader malpractices and other unfair means", said a senior BJP. (Times of India 11/7/15)
Why special quota for Jats, HC asks state (25)
CHANDIGARH: Punjab and Haryana high court on Monday asked the Haryana government to explain
as to why it is providing reservation to Jats under the specially backward class (SBC) category even
after the Supreme Court had rejected the recommendations of the state backward class commission
favoring quota. Hearing a bunch of petitions filed by Murari Lal and others against the inclusion of Jats
and four other castes in the category of SBC and providing them quota in government jobs, a division
bench headed by Justice S K Mittal asked the state government to file its reply by July 20. During the
hearing of the case, counsel for the petitioners informed the court that the SC had rejected the
recommendations of Justice K C Gupta-headed Haryana State Backward Class Commission
favouring quota for Jats. Verma further argued that despite the setting aside of the commission's
report by the apex court, the state government has been giving quota to Jats in government jobs. The
counsel also produced copy of a recently issued advertisement of Haryana government providing
reservation to Jats under SBC. Hearing the arguments, the bench directed the state government to
file a detailed reply on the issue. According to the petitioners, on January 24, 2013, Haryana
government had declared five castes, including Jats, as SBC, and 10% reservation in jobs under
government/government undertaking and local bodies as well as in educational institutions was given
to them. This reservation under SBC was provided in exclusion to the already notified 27% quota
provided to backward classes, exceeding the limit of 50% total reservation. The petitioners also
submitted that on September 23, 2013, the state government issued another notification providing
reservation to economically backward persons belonging to general category in state government
jobs and admissions in government and government-aided educational institutions. The said
reservation was also provided above the already notified 27% quota to backward classes and 10%
reservation given to SBC, resulting into exceeding the ceiling limit of 50% total reservation. Seeking
directions to quash the notifications, the petitioners have been demanding that the reservation in
educational institutions and public employment of Haryana state has been increased up to 70%,
which is in complete contravention of constitutional provisions according to which quota cannot go
beyond 50%. (Times of India 14/7/15)
SC notice to Centre on MP medical colleges scam (25)
New Delhi: The Supreme Court on Thursday issued notice to the Centre and the Madhya Pradesh
government on a petition seeking a CBI probe into the Dental and Medical Admission Test (DMAT)
scam for entry to private medical colleges involving 42 percent of government-quota seats. The bench
of Chief Justice H.L. Dattu, Justice Arun Mishra and Justice Amitava Roy, while issuing notice
returnable in two weeks, said it may be worse than the Vyapam admission and recruitment scam.
"May be it is worse than Vyapam," observed Justice Mishra, as the court also issued notice to the
CBI. At the outset of the hearing, counsel Kapil Sibal, appearing for petitioner Ashish Kumar
Chaturvedi, urged the court to hand over the probe to the CBI as things were not moving. Initially, the
apex court appeared reluctant to hear the matter as it asked Sibal to approach the Madhya Pradesh
High Court to deal with the issue. "We agitated the matter in the high court but (it is) not moving," he
told the court. On a batch of petitions, including one by Congress leader Digvijaya Singh, the apex
court on July 9 handed over the investigation into the Vyapam scam to the Central Bureau of
Investigation involving government medical colleges. It will hear the CBI on July 21 on the plea for
court monitoring of the probe into the Vyapam scam. The court also asked the two petitioners Anand
Rai and Ashish Kumar Chaturvedi to move an application seeking transfer of other related cases to
the apex court. It would be appropriate if the CBI investigated the matter, counsel Prashant Bhushan
appearing for petitioner Anand Rai told the court adding that it would make no sense if the admission
scam involving 42 percent state-quota seats was to be investigated separately. Referring to the
statements by the Vyapam controller and others involved in the conduct of Vyapam examinations,
Bhushan told the court that the modus operandi used in the DMAT examination conducted by the
Association of Private Dental and Medical Colleges (APDMC) was the same as in the Vyapam case.
Bhushan told the court that the candidates who paid the money were told to leave the optical mark
reading sheets blank which were later filled up. The court was told that under the modus operandi,
students pursuing MBBS would take the examination and upon being successful, take admission and
later surrender on the last date of admission and that seat would be negotiated and given for a huge
consideration to another candidate who had taken the admission test and succeeded but was not on
the merit list. Describing the DMAT examination as "just a sham" where "criminality is all pervasive",
Bhushan told the court that in the "dual kind of scam" in four years between 2010 and 2013, out of
1,533 state quota seats as many as 721 (47 percent) were given by the private medical colleges
illegally. (Deccan Herald 16/7/15)
Tribal sabhas warn Dispur (25)
Kokrajhar, July 17: The Indigenous Tribal Sahitya Sabhas of Assam today said the immigrants who
came to Assam between 1951 and March 24, 1971, should not be given administrative, legislative
and constitutional safeguards as provided in Clause 6 of the Assam Accord. A 14-member delegation
representing eight indigenous Tribal Sahitya Sabhas of Assam met Union ministers in Delhi,
includinghome minister Rajnath Singh, tribal affairs minister Jual Oram and minister ofstate, sports
and youth welfare, Sarbananda Sonowal on various issues,includingthe NRC.In a statement today,
the convening committee, Indigenous Tribal Sahitya Sabhas, Assam, said the team had urged the
Centre to specify theterm"Assamese" as "indigenous tribal people of Assam" and"indigenous
Assamese people of Assam (indigenouspeople of Assam)", to protect the tribal people by evicting the
encroachers from the tribal belts and blocks and to include Chapter X of Assam Land and Revenue
Regulation Act, 1886, in the Ninth Schedule of the Constitution. The team also demanded relaxation
of base year and mandatory submission of documentary evidence for inclusion of tribal people of
Assam in the NRC and to ignore the cabinet decision of the Assam government toincludeall people of
Assam in the NRC based on theelectoralroll of 2014. "Theimmigrantscoming between 1951 and
March 24, 1971 should not be given administrative, legislative andconstitutional safeguards as
provided in Clause 6 of the Assam Accord, 1985," one of the delegation members said. The team
urged the ministers to keep intake of the existing 10 per cent and the 5 per cent reservation quota
earmarked for the Scheduled Tribes (plains) and Scheduled Tribe (hills) respectively of Assam and
not to club it with the reservation quota of other communities now seeking the ST status. The team
also urged the government not to extend the benefits provided under the Sixth Schedule of the
Constitution and other autonomous councils meant for indigenous tribals of Assam, to other
communities seeking ST status. The other demands include adoption of a comprehensive tribal
language policy for preservation, protection anddevelopmentof the tribal language of Assam
withprovisions forappointmentofa sufficientnumber of teachers. (The Telegraph 18/7/15)
SC rejects Centre's review against scrapping quota for Jats (25)
New Delhi: The Supreme Court on Tuesday dismissed the plea of the Centre seeking a review of its
March 17 verdict that set aside a notification to include Jats in the central list of Other Backward
Classes (OBC) category in 9 states to accord quota benefits to them. A bench, headed by Justice
Ranjana Gogoi, in the in-chamber proceedings, decided to reject the pleas filed by Jats' bodies,
saying that they lacked merit. The Centre had moved the apex court on April 2 seeking a review of its
verdict after Prime Minister Narender Modi had met Jat community leaders and assured them of
finding a solution within the legal framework. In its review plea, it had said that the Centre's power to
make available quota for a community is not dependent on the advice of National Commission for
Backward Classes (NCBC). While dismissing a petition by a group of Jat students seeking benefits of
reservation under OBC category in post-graduate medical and dental courses two days ago, the apex
court, however, had said NCBC's recommendations would be ordinarily binding on the government.
The government's plea had further said the test laid down by the apex court in the Mandal judgement
for determination of "social, educational and economic backwardness" of Jats had been complied
with. The decision to include Jats in Central OBC list was taken after various state panels furnished
reports favouring the inclusion, it had said. Earlier, a bench of justices Ranjan Gogoi and R F
Nariman, setting aside the March 4, 2014 notification that had enabled Jats to claim reservation in
nine states, had said that "possible wrong inclusions" cannot be the basis of further inclusion and
reservation should be given only to the "most distressed". (Zee News 21/7/15)
More OBCs to get schemes' benefit (25)
New Delhi: Nearly 20 lakh people belonging to the Other Backward Classes are going to gain if the
Delhi government accepts a proposal to revise the cut-off date for eligibility to enjoy social benefits
from1993 to 2005. The schemes than can be availed by OBC members include stipend for students,
reservation in jobs and educational institutes and Rs 5 lakh loans for self-employment. As per
conservative estimates, about 60 per cent people in the city’s 1.8 crore population belong to the
OBCs. Bhupinder Singh, chairman of the Commission for OBCs, said: “Nearly two million OBCs are
not considered for various incentives despite their holding valid certificates. We now have proposed to
relax the eligibility date.” He said the proposal sent to the Delhi government will address the anomaly
where OBC members – who settled in the city after 1993 – arepromptly issued certificates by the
Revenue Department but the same document is not honoured by other departments while giving
benefits to them. “Only those OBC members who settled in the city till 1993 and who hold valid
certificate are benefitting from the social schemes,” he said. The Commission works as an advisory
body for the government. It also examines and make recommendations on requests for inclusion and
complaints of over inclusion and under-inclusion in the list of Other Backward Classes. According to
the Commission’s proposal, OBC members who settled in the city between 1993 and 2005 should be
able to enjoy the social schemes after they tender documentary proof of their presence in the city for
over a decade. “Voter I-cards, driving licence, electricity bill or telephone bill will be considered as
valid proof for establishing their presence in the city till 2005,” said a Commission member. Sources in
the Department for the Welfare of SC/ST/OBC/Minorities said the Commission’s proposal may soon
be presented at a cabinet meeting. “Hopefully, the proposal will go through,” said an official. For
educational development of the disadvantaged sections, the department provides free stationery to
students from OBCs in schools, hostel facilities, scholarships, reimbursement of tuition fee for those
studying in public schools, vocational training and pre-examination coaching. The department also
bears half the expenditure on development charges paid by OBC families for electrification of their
homes. (Deccan Herald 23/7/15)
SC/ST benefits available to Christians reconverting to Hinduism: Kerala HC (25)
KOCHI: A member of a scheduled caste or tribe (SC/ST) who had converted to Christianity from
Hinduism can claim the rights and benefits available to SC/ST members if he reconverts, the Kerala
High Court has held. The court's decision assumes much significance in the backdrop of 'Ghar Wapsi'
reconversion campaign introduced by the Hindu right-wing group Vishva Hindu Parishad (VHP) last
year. Earlier this month, VHP had claimed that it had reconverted over 33,000 persons and had
'prevented' over 48,000 conversions. It was a petition filed by a father and daughter whose forefathers
belonged to Hindu Cheramar community that was considered by the court. Those who approached
the court were 46-year-old MA Chandraboss of Ramapuram in Kottayam and his 18-year-old
daughter Alida. They were born as Christians as Chandraboss' father had converted to Christianity. In
2009, Chandraboss and his family reconverted to Hinduism by undergoing 'Shudhi Karma' under the
auspices of Arya Samaj. Chandraboss' daughter Alida appeared for the common entrance
examination this year and sought admission in the SC/ST quota. However, her claim to SC/ST quota
was rejected on the basis of an anthropological report by a state government agency named Kerala
Institute for Research, Training and Development Studies (KIRTADS). An appeal filed before the
government against this also came to be dismissed. At the high court, their counsel G Krishnakumar
argued that though they had converted to Christianity, they retained the essential character of the
caste to which they belonged and suffered the disabilities and disadvantages of other members of
their caste. Opposing the claim, state government submitted that the petitioners, having born into
Christianity and having lived as Christians till their reconversion, are to be treated as Christians and
not as a scheduled caste member. It is a conversion of convenience, the government counsel argued.
Ruling in favour of the petitioners, justice K Vinod Chandran held, "The 2nd petitioners (Chandraboss'
daughter) definitely was brought up in her father's house, may be as a Christian, but a Christian-
Cheramar. There being generally no accepted caste discrimination in Christianity, the identity in the
Cheramar community was essentially retained." The court further said in the judgment, "It is to be
noticed that Christianity, as it is generally understood, does not have any caste discrimination and the
very fact that the 1st and 2nd petitioners (Chandraboss and his daughter) were all along issued with
community certificates as belonging to Christian-Cheramar would indicate that they had their origin in
the Hindu-Cheramar community. Considering the question of a Christian convert reconverted to
Hinduism, this court in Ponnamma's case (Ponnamma vs Regional Director, 1983) held that the child
of parents who (had) converted to Christianity at the time of the birth of the child, could always convert
back to Hinduism and claim the rights of the caste of her forefathers once she converts back to
Hinduism. The rights of a child born as a Christian, to Schedule Caste parents who converted to
Christianity, to reconvert to Hinduism and claim the rights available to a Scheduled Caste/Scheduled
Tribe, was affirmed by the constitutional bench of the Supreme Court." (Times of India 27/7/15)
Claiming caste identity not at the cost of reservation: PT chief (25)
CHENNAI: There is nothing wrong in claiming one’s caste identity, but giving up the reservation
benefits for the same is not acceptable, said Puthiya Tamizhagam leader K. Krishnasamy. Asked
about the demand of a section of Pallars, one of the major sub-sects of Dalits in Tamil Nadu that they
should be called Devendrakula Vellalas, Dr. Krishnasamy said he fully agreed with them. “The efforts
to reclaim the name Devendrakula Vellalas should have begun long ago. Today every community
enjoying the benefits of reservation continue to retain its caste identity. Devendrakula Vellalas can
also do the same. But it should not come at the expense of reservation benefits,” said Dr
Krishnasamy, representing a substantial section of the community. He said reservation was
indispensable when a majority of the Devendrakula Vellalas continued to live in poor socio-economic
conditions. “Reservation alone will further help them climb the social ladder,” he said. Dr
Krishnasamy, however, disagreed with the argument that Devendrakula Vellalas were rulers and it
was below their dignity to claim reservation benefits. “Every community in Tamil Nadu had functioned
as rulers at one point of time or other. If a ruling community remained an oppressor it cannot take
pride in their role. Tamil society was clearly divided on the land in which they lived. The division
among them as the oppressor and oppressed appeared only after emergence of private property,” he
said. (The Hindu 30/7/15)
HC Stays Order on Quota for SC/STs by All the Varsities (25)
KOCHI: A Division Bench of the Kerala High Court on Friday stayed a Single Bench order directing
that all the universities should make necessary amendments in the statute or frame statutes to ensure
that appropriate reservation was made to SC/ST candidates for appointment to the post of teaching
as well as non-teaching staff in aided non-minority institutes. A Division Bench comprising Justice
Antony Dominic and Justice Shaji P. Chaly issued the order on the petition filed by the NSS college
central committee challenging the single bench order. The Single Judge also held that no
appointment should be made in the aided colleges until amendments are made to fulfil the SC/ST
reservation for appointment of teaching and non-teaching staff. Counsel for the petitioner N
Nandakumara Menon submitted that the reservation being an enabling provision under Article 16 in
service of state alone, it cannot be implemented in a private aided educational institution whose
service is not the service of the state. The government itself can implement reservation for SC/STs in
the service of state and other instrumentalities of state. Therefor an University by virtue of delegated
legislation cannot implement reservation to SC/STs in the appointment of staff. According to
petitioner, the Constitution recognises private aided educational institutions as a separate species
pursuant to TMA Pai case where the only reservation permissible is with regard to admission of
students. (New Indian Express 1/8/15)
“Implement Ranganath Misra panel recommendations” (7)
Dindigul: The Minorities Welfare Committee has appealed to the government to implement the
recommendations of the Justice Ranganath Misra Committee for the uplift of poor minorities,
according to Committee’s State deputy organiser Moosa. Addressing committee’s first district-level
conference here on Sunday, Mr. Moosa said that employment and educational opportunities were
denied to a large number of Christians and Muslims even now. Even as the committee recommended
10 per cent reservation for the minorities, only three per cent of reservation was implemented. Proper
implementation of the Ranganth Misra Committee recommendations would help minorities get
admission to educational institutions and get government jobs. Now schools and colleges did not
follow reservations for minorities properly, he charged. Mr. Moosa also demanded abolition of capital
punishment as it was against mankind. He strongly condemned both the successive Congress and
Bharatiya Janata Party governments for not taking any initiative to abolish it. Even former President
A.P.J. Abdul Kalam wanted abolition of capital punishment. All other political parties too supported its
abolition, he noted. The banks should offer loans to minorities for trade and business activities without
imposing stringent conditions. The district administration should expedite construction of a memorial
for Tipu Sultan in Dindigul, he added. The conference demanded inclusion of Dalit Christians in the
Scheduled Castes list and opening of a unit of Aligarh Muslim University. (The Hindu 3/8/15)
STs demand hike in quota (25)
VISAKHAPATNAM: The Government should increase the reservation quota for the Scheduled Tribes
in tune with the increase in population and also enforce reservations in private sector as the
Government is in favour of privatisation. Addressing media on the programmes lined up for the
International Day of World’s Indigenous People being celebrated by the ST welfare associations
under the umbrella of Girijana Aikya Karyacharana Samiti (GAKS) at Girijan Bhavan here, the
representatives of tribes of Visakhapatnam district were keen that the Government address the
genuine grievances of the tribal people at least on the occasion. Last year, Chief Minister visited the
city and attended a Government programme which eclipsed the celebrations organised by the tribal
people. With the Government not planning any official celebration here the tribal people were hoping
they would be able to organise a proper celebration that highlights the rich tribal culture of the region
with activities for all family members. The GAKS wanted the Government to strictly implement all the
laws like 1 of 70, PESA and Forest Rights Act, among others, enacted to protect the rights of the
Scheduled Tribes and appoint a knowledgeable tribal as chairman of the ITDA. They demanded that
the Government immediately constitute the statutory Tribal Advisory Council. Charging the political
parties with trying to undermine the tribal people, they wanted a stop to ‘political reservation’ for non-
tribal people in the tribal areas. The representatives of tribal welfare association wanted the
Government to allocate housing plots in the city for the tribal people working in different organisations
here. They also demanded a special health package for them in the Agency area. L. Chitti Babu of
Girijana Aikya Vedika, R.S. Dora of Adivasi Reservation Samrakshana Seva Sangam, representatives
of Girijana Vidyardhi Samakhya and others were present. (The Hindu 6/8/15)
With 50 pc quota, it's scramble among women for tickets (25)
Bengaluru: : This is for the first time the State government has mandated 50 per cent reservation for
women in the BBMP Council. And, not many former male corporators are happy because many have
lost an opportunity to contest the polls this time. All the three major political parties - the Congress,
BJP and JD (S) are claiming that there are too many women aspiring for tickets. Among the 198 seats
in the Palike council, 99 are for women. Till now, the reservation for women was 33 pc. Though
political parties are claiming that there is no dearth for women candidates, it is men who are deciding
who should decide from where. The scene is the same in all the three parties. KPCC women’s wing
chief Laxmi Hebbalkar, when contacted by this newspaper, said that she became the president just
45 days ago, and hence requires more time to get involved in selection process of candidates.
However, she said she would be involved in campaigning.“There were more than 2,000 women ticket
aspirants. Candidates, be it men or women, are selected based on their winning ability. The
selections are done based on the recommendations made by the seniors,” she said. One aggrieved
former corporator is Rajendran R, who was Congress corporator from MS Nagar. The ward was
reserved for the Scheduled Castes last time. Now, the seat has been reserved for women (B
category). Rajendra has been forced to make way for a woman from his party. In all probability,
Bhuvana, who is new to electoral politics, could be the choice of the Congress, according to
Rajendran.How does he feel about the increase in reservation for women? Rajendra said: “I had
nurtured the ward so well that I won four awards for my performance. One needs experience to
function as a corporator because understanding the KMC Act and rules is very important. There is a
vast difference between taking care of a single house and 5,000 houses, isn’t it?” “Whoever may
become corporator from MS Nagar, I will have to keep a tab on developments because I belong to
this ward,” he added. Like Rajendran, Pillappa, former BJP corporator from Doddabommasandra is
not able to contest because the ward is reserved for women. He has sought ticket for his wife. “There
was no need for such high percentage of reservation for women. Candidates should be selected on
the basis of their merit. I hardly saw women corporators performing effectively in the last Council.
Neither they did field work or nor participated in the meetings. Their work is done by their husbands.
Of course, a handful were exception,” he said….. (Deccan Herald 8/8/15)
Quota sought for Dalit Christians (25)
WARANGAL: Members of All India Christian Council led by Bishop Udumula Bala took out a rally and
staged a demonstration at Ambedkar statue to observe ‘Black Day’. They demanded reservations for
Dalit Christians which they say were denied by the 1950 Presidential Order. The Dalits, who were
converted into other religions were denied privileges and rights guaranteed by the Constitution. Public
interest litigation was filed in the Supreme Court, which was pending. Meanwhile, the successive
governments agreed to extend reservations to Dalits, who were converted into other religions, but it
remained a mere promise over the decades, said council secretary Franklin Sudhakar. (The Hindu
11/8/15)
Gujarat on verge of caste war: OBC panel advisor (25)
GANDHINAGAR: The thorny issue of reservation threatens to shred to ribbons the social fabric of the
state. If Patidars (Patels) gave a clarion call for a maha-rally in Ahmedabad on August 25 as a show
of strength, the Thakor, Chaudhary and other communities presently in the OBC category have
declared major rallies of their own on August 27 and 30, to oppose the demand by the affluent
Patidars for OBC status. These OBC social groups have also scheduled another major rally on
September 17 — PM Narendra Modi's birthday — in Ahmedabad. Experts say if the government
doesn't put a leash on this mass movement soon, a full-blown caste war is likely to break out in
Gujarat in the coming months. Gaurang Jani, who is advisor to state's OBC commission, said: "The
rapidly growing demands of the Patidar community for OBC reservations and the wide opposition to it
by OBC communities like Chuadhary, Thakor, Koli, Prajapati among others, along with and the
ongoing war of words, are likely to convert in a violent caste war in the coming days if the state
government doesn't act now.""Caste clashes of Patidars against Chaudhary, Thakor, Rabari or Koli
communities are often seen at village or micro level and sometimes in cities, like the serious clashes
between Patels and Rabaris in chief minister's Ghatlodia constituency in Ahmedabad. In the coming
days it seems the rhetoric for and opposition to Patidar OBC reservations will increase, as Patidars
are likely to continue their stir and other communities will oppose them more aggressively. Villages
will see caste wars and violent clashes like in 1981 and 1985. In 1981, it was mainly Patels versus
dalits and scheduled tribes, while in 1985 it was Patels and other upper caste against OBC
communities. "Cities will also face the impact of conflict between various castes after the Patidar stir.
Ahmedabad, Surat, Rajkot, Vadodara and others will see increased caste identity clashes," Jani
added. (Times of India 14/8/15)
CBI should probe MP private medical college admissions: Supreme Court (25)
NEW DELHI: After being handed over investigations into the Vyapam scam in Madhya Pradesh, the
central agency could soon be probing alleged massive irregularities in admissions to private dental
and medical colleges in the state. Last month, the Supreme Court had ordered CBI probe into the
Vyapam scam and over 40 deaths relating to it after the MP government requested the SC to refer the
case to the central agency. The state was finding it difficult to douse the political fire ignited by the
simmering controversy over massive irregularities in recruitments to government jobs. Appearing for
the state, attorney general Mukul Rohatgi on Friday told the court the Shivraj Singh Chouhan
government had no objection to any agency probing the dental and medical admission test (DMAT)
scam. He said DMAT was conducted by a private body for filling 50% seats in private medical
colleges and there was no involvement of the government or its officials. "It would be difficult to invoke
Prevention of Corruption Act. In the absence of PC Act offence, the CBI could find it difficult to
exercise jurisdiction to investigate the case. There is no FIR till date in DMAT scam. Let it be
investigated by the state police. The CBI probe into Vyapam scam would cover admissions to 50% of
the seats in private medical colleges which are filled from government conducted admission test," he
said. But the dice had been cast by none other than the CBI. It had intended to convey to the court
that it was woefully short of manpower to take up the DMAT scam which the petitioners said was
larger than Vyapam. It had wanted to tell the court that Vyapam scam probe would severely drain its
human resources making it impossible for the agency to take up investigation of another big scam. In
contrast, its counter affidavit in the petition filed by Dr Anand Rai conveyed that DMAT scam was
much bigger than the Vyapam scandal, a point that was lapped up by a seasoned counsel like Kapil
Sibal, who appeared for the petitioner and who had also appeared for different petitioners seeking
CBI probe into Vyapam scam. Additional solicitor general Maninder Singh valiantly attempted to
dispel the wrong notion created by the affidavit and said the agency had only quoted the petitioner's
version to convey to the court that it was not in a position to take up investigations into big cases as it
was already saddled with huge scams like Vyapam and Saradha….. (Times of India 15/8/15)
SC Welfare Samithi to Stage Protest (25)
THIRUVANANTHAPURAM: Raising various demands, Pattikajathi Kshema Samithi(PKS) will stage a
Secretariat march on Tuesday. Workers representing the committees from all the districts will
participate in the march. CPM former general secretary and polit bureau member Prakash Karat will
inaugurate the protest march, which will begin from Nanadavanam junction and end at the Secretariat
at 10 am. The protest march is being taken out to pressure the government to implement three major
demands. The demands include passing a new law for job reservation in private sector, drawing up a
proposal to provide land and shelter for all the destitute belonging to the community and better
educational benefits for SC. Addressing a press conference, the state committee secretary of PKS, K
Somaprasad said that the committee is planning to hold the march to highlight government’s apathy
towards fulfilling their long standing demands. “Though we had met the Chief Minister and other
Cabinet Ministers several times seeking a redress to our problems, no positive actions have been
taken by them. The welfare of the schedule castes and tribes is often getting ignored during the
privatisation process taking place in the public sector since the past two decades. The employment
opportunities for the backward communities has also taken a backseat if the volume of opportunities
in private sector is considered now,” he said. In the press statement issued by the panel, the
committee also raised apprehensions over the government’s refusal to disburse benefits in education
sector. In aided schools across the state, of 1,01,965 teachers, only 355 teachers are from Schedule
Castes and 51 are from Scheduled Tribe respectively. Hence, the government should enforce the
High Court order on implementing reservation in the education sector at the earliest, the press
statement said. The state secretary also added that the government should revive the EMS housing
scheme or they should formulate a new package to provide shelter to the needy in the Scheduled
Caste and Tribes. As part of the protest, PKS state committee began a campaign march to the
Secretariat from Kasargod. The march was inaugurated by CPM central committee member and
former minister A K Balan. CPM state secretary Kodiyeri Balakrishnan will also address the march.
(New Indian Expressd 18/8/15)
Patel community leaders start indefinite hunger strike in Gujarat (25)
Ahmedabad: Gujarat's Patel community leaders, who are demanding reservations under the Other
Backward Caste (OBC) quota, on Wednesday started an indefinite hunger strike at the Sabarmati
riverfront, a day after the Ahmedabad Municipal Corporation (AMC) denied permission for a rally by
them on August 25. Community leader Ketan Patel alleged that the denial of permission to hold the
rally came at the behest of some political leaders, who did not want Patels to do so since more than
20 lakh Patels were expected to attend the event. "The AMC denied us permission claiming that the
riverfront ground can't be used to hold rallies, but we are firm that we will hold our mega rally by any
means at the venue. Since we were denied permission, Patel leaders including me, sat on an
indefinite hunger strike at the ground from this evening," said Patel, who was accompanied by 10
other Patel community leaders. However, Gujarat Minister of State for Home Rajni Patel claimed that
the administration never denied permission for the rally on August 25. "The civic body merely said that
the rally can't be organised at the riverfront. This does not mean that we have denied them to hold the
rally at all. The permission may have been denied looking at the capacity of that venue or keeping in
mind the law and order situation," the minister said. "To find a solution, the government will hold a
meeting with Patel leaders. We will make all efforts to arrange an alternate venue for their rally," the
minister said. Meanwhile, a seven-member committee formed to look into claims by different
communities demanding reservations held separate meetings with Patel leaders of Surat and
Saurashtra region. The committee, formed to consider representations from different communities
demanding reservations, also met Kshatriya community leaders at Gandhinagar today. (Zee News
20/8/15)
UP Scheduled Caste and Scheduled Tribe staff to be demoted (25)
Lucknow : Scheduled Caste and Scheduled Tribe employees who had been promoted under the
reservation in promotion policy will now be demoted after the Akhilesh government was pulled up by
the Supreme Court. The move will affect the employees in different cadres who were promoted
through the reservation provisions after November 15, 1997 and before April 28, 2012. The Akhilesh
government, which had been delaying the implementation of the Supreme Court order of April 2012 in
this regard, has now been asked by the top court to comply and report by September 15. The SC
order came in response to a contempt petition filed by some government employees. The SC order
which has already led to the demotion of 64 engineers of the irrigation and water resources
department in the state is bound to take on political overtones in a state that is drive by caste politics.
BSP president Mayawati has already accused the Akhilesh government of wrongly interpreting the SC
order. “The Supreme Court had not disapproved of reservation in promotion. It had only laid down
stringent conditions for it. Instead of following the condition, the Samajwadi Party government has
completely done away with it,” she had said when the 64 engineers were demoted in June. Mr
Shailendra Dubey, president of the Sarvjan Hitaye Sanrakshan Samiti that has been fighting against
the reservation in promotion policy, meanwhile, said, “The Supreme Court order is historic. One
cannot be allowed to take the advantage of reservation twice — once at the time of getting the job
and then in getting promotions. We welcome the court order and are confident that the state
government would ensure its compliance at the earliest.” The government spokesman said the
government would ensure implementation of the order but considering the fact that UP is a vast state,
the government may need some more time to complete the process of demotion. Meanwhile, an
executive engineer in a government department , who had benefited from the reservation in
promotion policy, said that demoting officers at this stage would lead to a lot of problems and also
lead to bad blood which would affect the working of the state machinery. “We will take legal opinion
and then appeal to the court to make the policy effective from the present date so that demotions can
be prevented,” he said. (Asian Age 21/8/15)
Quota row: Gujarat Govt invites Patel leaders for talks, meeting likely on Sunday (25)
Ahmedabad: Ahead of the Patel community's rally here on August 25 to seek reservation under OBC
quota, the Gujarat Government has invited the community leaders, including Hardik Patel who is
spearheading the agitation, for a meeting which is likely to be held on Sunday. "We today invited Patel
leaders including Hardik Patel (convener of the Patidar Anamat Andolan Samiti) to hold talks with us,"
Gujarat government spokesperson and Health Minister Nitin Patel told PTI. When asked about
response from the Patel leaders, the minister said, "they (Patel leaders) told us over telephone that
they will decide about the meeting by tonight and will let us know. The meeting is likely to be held
tomorrow." Patel is heading the seven-member ministerial panel set up by government to negotiate
with the communities agitating for reservations. Earlier in the day, the government sent a written
invitation to the core committee members of Patidar Anamat Andolan Samiti and its convener Hardik
Patel for meeting. Hardik had earlier said that he will not hold any talks with government at this
juncture ahead of the rally in which around 25 lakh people are likely to participate. Members of Patel
community have been holding protests and organising rallies in various parts of the state demanding
reservation in government jobs and education under OBC quota. (Zee news 23/8/15)
SC/ST protest govt decision to scrap reservation in promotion (25)
MEERUT: Members of the Scheduled Caste and Scheduled Tribe (SC/ST) on Wednesday protested
outside the collectorate against the government order abolishing benefits of reservation in promotions.
The protesters also accused the state government of grabbing agricultural land from people belonging
to SC/ST. In a letter to the district magistrate, the protesters also claimed that with the 85th
amendment, provision of reservation in promotion was added in the Constitution and a Constitutional
bench of Supreme Court also supported the amendment. But later on the order was dismissed. "This
is equal to insulting the parliamentary democracy system. Why is the state government doing such a
thing? Have the SC/ST people gained more than their due?," read the letter. Dr Satish Prakash, a
physics teacher at the Meerut College, said, "Representatives of the reserved category in the
Parliament and the state assembly are not loyal to their own people. The SP led state government not
only wants to stop our people from getting promotion in state services but also wants to snatch
agriculture land from us. The state government wants to make our people landless and jobless." The
Supreme Court, in April 2012 had upheld the Allahabad high court's decision to scrap the policy of
reservations in promotions introduced by the Mayawati government. The Allahabad high court on
January 4, 2011, had dubbed it "unconstitutional" and struck it down following at least 50 petitions by
employees associations from across the state. Following this, a special leave petition was filed in the
Supreme Court against the order by the BSP government and some organizations. Supreme Court
also set aside rule 8A introduced by the Mayawati government to provide consequential seniority to
the SC/ST officers. Hence, there will be one seniority list and the promotion will be given according to
the seniority list, the SC had observed. (Times of India 26/8/15)
Gujarat stir: Uneasy calm prevails, Hardik to up intensity (25)
After two days of violence, an uneasy calm prevailed in Gujarat during the OBC quota stir of the Patel
community, even as the death toll rose to 10 and a defiant Hardik Patel vowed to intensify the
agitation. Despite appeals for maintaining peace and amity by Prime Minister Narendra Modi and
chief minister Anandiben Patel, 22-year-old Mr Patel, who is spearheading the agitation, on Thursday
upped the ante, asking farmers of his community not to supply essential commodities like vegetables
and milk to cities and support the demand for reservation in jobs and education under OBC quota. He
also demanded a compensation of `35 lakh each for the families of his community members who died
in the violence. The issue rocked the Gujarat Assembly, with the Speaker suspending 54 Congress
MLAs amid the bedlam over it. Three Congress MLAs were absent while Leader of the Opposition
Shankarsinh Vaghela remained seated. The Congress has 58 MLAs in the 182-member Assembly.
The Army, which has been deployed since Wednesday, conducted flag marches in Ahmedabad to
instil confidence among the people in the wake of the violence. The Army has been also deployed in
Surat and Mehsana. Rail traffic remained totally disrupted during the day as protesters had uprooted
tracks in at least eight places, a senior official said. Curfew has been lifted from Surat city after no
untoward incident was reported from there since Wednesday night. “We have withdrawn curfew from
two areas in Surat from 8 am. There is normalcy and peace in the city. Shops are open, people went
for their businesses, factories are open. Our officials are present in various areas and police patrolling
is continuing,” police commissioner Rakesh Asthana said. , who was injured during the violence on
Wednesday, died on Thursday in a private hospital, police officials said, taking the toll to 10.
Ahmedabad has recorded five deaths in the Patel quota agitation, one each was reported from Surat
(where a police constable was killed) and Patan districts and three persons lost their lives in
Banaskantha district. Curfew was also lifted from Rajkot and Patan districts, where the situation is
becoming normal after witnessing widespread violence for two days which had paralysed life. At least
55 trains, including the Rajdhani Express from Ahmedabad to Delhi, were cancelled on Thursday due
to the agitation, while the operation of 26 others was partially affected, a statement from Western
Railways PRO said. Besides, 15 trains were diverted out of the state due to the Patel agitation, it
added. Meanwhile, the Gujarat high court issued notices to the police and state government after
taking strong note of CCTV footage showing policemen in uniform vandalising cars in one of the
housing societies of Sola area during violence on August 25. The court on Thursday ordered the
police commissioner to conduct a probe and submit a report within two weeks into allegations that
policemen opened fire in the air and damaged property to create terror during the stir. “First, suspend
those policemen who were involved in atrocities on our people and give a compensation of `35 lakh to
our children who have become martyrs in this movement,” Mr Hardik Patel told reporters while
replying to a query on his demand from the state government. “I will urge my farmer brothers not to
supply vegetables and milk and not to come out to provide essential items in cities,” Mr Patel said,
adding that they will intensify their movement till their OBC quota demand is accepted. (Asian Age
28/8/15)
'Of 12 million Patels, 10 million are poor': Hardik Patel (25)
Ahmedabad: Reservation cannot be abolished, says 22-year-old Hardik Patel, the man who
galvanised Gujarat’s economically, socially and politically powerful Patel community. The youth from a
political landscape completely dominated by Prime Minister Narendra Modi for over a decade has
created ripples in the calm waters of the state and national politics by seeking OBC status for the
forward community. “It will have an adverse impact on others and they will stand up. We want to work
with everyone for nation’s development and play an active role in an environment of ‘Sabka Saath,
Sabka Vikas’,” he told Deccan Herald in an interview. “In the last 10 years, over 10,000 farmers have
committed suicide. People with 90 per cent marks do not get admission. A person with an MBA is
selling undergarments. Of the 11.8 million Patels, 10 million are poor. This is their fight,” he said. On
being asked who he thought could have ordered his arrest at GMDC grounds, where he was on a
fast, he said, “Like a General Dyer in Jallianwala Bagh, there definitely is a General Dyer behind this.
From police, government or anti-social elements, I don’t know,” said Hardik. He said the
establishment was resorting to “goondagardi” (hooliganism) as it was rattled. “It is the public power,
the Patel public power. Over 7 million Patels have come out in 55 days and this has unnerved the
establishment,” he asserted. Hardik also hit out at legislators and ministers from the Patel community,
whom he blamed for “ditching” their people. “If they were real Patels, they would not have allowed
police assault on women and children. They would simply resign,” he added. He reiterated that the
police action of entering houses, beat women and children mercilessly and using abusive language
stoked violence. “If someone dares to touch our women, we do not wait for father’s permission. We
just hit back,” he said. On being asked how he felt when someone called him the second Modi, he
shot back: “Who is saying this? I am no Modi. I am Sardar (referring to Vallabhbhai Patel). Sardar
united the country without hitting anyone with a lathi or shedding blood. He even left the PM’s post
and I am part of that proud lineage.” To a query on whether Patels would have come out in such large
numbers if Modi was around, he said: “Lakhs would still come. Modi is no god.” When asked if the
movement that he is trying to take national, by aligning with Gujjars and 27 crore Patidars, would
eventually turn into the second Mandal-Kamandal movement, he said: “The politicians may try but
public knows everything.” (Deccan Herald 30/8/15)
SC: Differently abled can’t claim quota in promotion (25)
NEW DELHI: Differently abled persons can claim benefit of reservation in government jobs only at the
time of appointment and cannot get the benefit of the affirmative policy in promotion, the Supreme
Court said on Tuesday while clarifying its earlier verdict. A bench of Justices Ranjan Gogoi and N V
Ramana said the apex court's 2013 verdict did not hold that the reservation policy could also be
extended to promotion in jobs and stressed that the disabled could claim benefits only at the time of
recruitment. The SC had in 2013 directed the Centre and all state governments to provide three per
cent job reservation to disabled persons in all their departments, companies and institutions under
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act which
came into force in 1995. The Centre submitted that the court had not, while passing order for three
percent reservation, dealt with the issue of reservation in promotion and the disabled could not be
allowed to claim the benefits. Although the Court had directed that all vacancies under 3% reservation
be filled up within three months, the governments failed to comply with the order in the last two years
and there are still 10,000 vacant posts in central government. Solicitor General Ranjit Kumar assured
the court that all vacancies would be filled up by the end of this financial year. The bench directed the
government to take necessary steps for recruitment of disabled persons and asked it to honour the
deadline set for complying with the 2013 order. (Times of India 2/9/15)
“Patels can’t be included in OBC list” (25)
HYDERABAD: The National OBC Commission Chairman Vangala Eashwaraiah has said that no
caste can be included in the OBC list without the permission of the Backward Classes Commission.
He was speaking at a programme organised by BC Udyama Vedika at the Osmania University in the
backdrop of the Patels agitation for including them on the OBC list for the purpose of reservation. He
said Patels, who are economically and socially way ahead of others cannot be included in the OBC
list and reminded that the Supreme Court upheld the decision to remove Jats from the OBC category.
Deshagoni Sambasiva Goud, who presided over the meeting, said the Patels agitation was
unfortunate and the effort seems to rake up an issue unnecessarily. “If we don’t get it no one should
get it” seems to be the motto of the Patels agitation, he said. Leaders from various organisations
participated in the meeting. (The Hindu 6/9/15)
HC rules out quota benefits for SC migrants (25)
CHENNAI: Reiterating the legal position that when a Scheduled Caste individual migrates from one
State or Union Territory to another, he can only claim to belong to the community in relation to the
State or Union Territory from which he has migrated, the Madras High Court on Friday upheld a single
judge order on the issue. Dismissing an appeal against a single judge order, which had rejected pleas
to allow migrant SC candidates in Puducherry for reservation in institutions meant for the community,
a Division Bench comprising Justices Satish Kumar Agnihotri and K.K. Sasidharan said the appellants
had not produced any material to prove that the Puducherry government had framed a policy to
extend the benefits in the field of education to the migrants. Maintaining that the appellants were
entitled to benefits of reservation only in the State from where they migrated, the Bench said, “There
is no question of considering them as Scheduled Caste in relation to the Union Territory of
Puducherry in view of their migration after the cut-off date.” “Even if the government of Puducherry
wanted to extend other benefits to those who have migrated to the Union Territory from other States,
it would be possible only by way of passing appropriate legislation as indicated in Marri Chandra
Shekhar Rao (a similar case),” the Bench said, adding that no one could compel the government to
initiate such legislation. (The Hindu 7/9/15)
27% quota for OBCs in civic polls (25)
Panaji: The cabinet on Monday, by circulation (agenda circulated among ministers), approved the
directorate of municipal administration's proposal to provide 27% reservations to the OBC community
in municipal bodies in the state. The cabinet also approved a draft ordinance, The Goa Municipalities
(Amendment) Ordinance, 2015. Sources said that since elections to the state's 11 municipal bodies
are scheduled for October 25, the government took the ordinance route to push through the upped
reservation. Under the proposal, Sections 9(2) (b) and (c) of the Goa Municipalities Act have been
sought to be amended to facilitate the OBC reservation which was earlier 19.5%.Governor Mridula
Sinha's approval to the amendment is expected to be sought at the earliest. The directorate relied on
a survey conducted by the centre for development planning and research (CDPR), Pune, to propose
the reservation. But since the survey lacks municipality-wise OBC data, the government is likely to
follow the caste-based reservation adopted for the 2010 municipal elections. In 2006, the government
through a circular increased the percentage of reservation for OBCs from 19.5% to 27%.This was in
general, pertaining to education, jobs, etc. A source said the government has based its current
amendment to the Goa Municipalities Act on this nine-year-old circular. Seats will also be reserved for
SC and ST communities in the October civic polls. Unlike the panchayat elections earlier this year,
which were on party lines, the government has made it clear that candidates will not be allowed to
contest municipal elections on party symbols. The election schedule will commence from September
30 and conclude with the counting of votes on October 27. (Times of India 8/9/15)
Jats must unite, become a political force to win quota fight: Congress leader (25)
New Delhi: Senior Congress leader Renuka Chaudhary on Saturday called upon the Jat community,
agitating for reservation under the OBC category, to campaign unitedly for their rights and suggested
setting up of a core committee and formulating an action plan to meet their goals. Chaudhary, who is
the women president of All India Jat Mahasabha, said the community should "make themselves a
force to be reckoned with and a major force in the vote back politics which no leader can ignore"."Till
you are a force to reckon with and work unitedly, you cannot win over your rights," she said at a meet
of the Jats here, coming against the backdrop of the Supreme Court setting aside a notification to
include Jats in the central list of OBC category. The apex court had in July dismissed the plea of the
Centre seeking a review of its March 17 verdict quashing OBC reservation for Jats. A senior leader of
the community said that though the court has struck down reservations for them, they would continue
to press their demand with the government. "We should constitute a core committee immediately with
representatives from different regions and prepare an action plan putting aside internal differences.
The committee could work on a five-point agenda to claim their rightful demand," Chaudhary said.
She also said that the leaders should also engage constitutional lawyer following the Supreme Court
order. "Unless we strengthen our voices, no government from either side would listen to our pleas,"
she said. Chaudhary also stressed for increased involvement of women to take up the Jat cause and
working shoulder to shoulder with others in the community. (Zee News 13/9/15)
Kurmis in Jharkhand demand reservation under ST category (25)
Ranchi: Taking a cue from Patidars (Patels) agitation in Gujarat, the Kurmis in Jharkhand have
renewed their demand of reservation under the Scheduled Tribe (ST) category. "The Raghubar Das
government back-stabbed Kurmis. The chief minister wrote a letter to Prime Minister Narendra Modi
to maintain status quo on recommendation made by the then BJP government led by Arjun Munda in
November 2004," Sheilendra Mahto, a leader of Jharkhand Kurmi Sangarash Morcha, told IANS. "The
Munda government on basis of the state cabinet decision had sent a letter to the then UPA
government to include Kurmis in ST category," said Mahto, a former Lok Sabha member. He said:
"We held a meeting of our Morcha on Sunday at Bokaro and decided to step up agitation to press our
demands. Kurmis were under ST till 1950 and our caste was excluded under a conspiracy." At
present Kurmis get reservation benefits under the OBC category. According to government sources,
Kurmis constitute around 10 to 12 percent of the total population. However, Kurmi leaders claimed
that their community constitutes up to 22 percent of the population. Mahto said the morcha would first
send memorandum to the prime minister and the chief minister to include the community in the ST
category and later rallies would be organised as was done by Patidars. (New Kerala 14/9/15)
Govt. urged to act on quota for Muslims (25)
NIZAMABAD: District Congress Minority Cell appealed to the government to take necessary steps to
appoint Backward Classes Commission and ask it to review the State reservation policy in
coordination with the SC and ST Commission as with the proposed percentage of reservations for
Muslims will cross 50 per cent cap. In a memorandum submitted to Joint Collector A. Ravinder Reddy,
here on Monday, the Minority Cell chairman Sumeer Ahmed urged the government to take immediate
action towards the implementation of reservations to Muslims in education and jobs to avoid growing
distrust and despair among them. Expressing a serious concern over the issue, he said the minority
communities already lost 1,242 posts through the first TSPSC notification itself. (The Hindu 15/9/15)
OBC leader ready to share stage with Hardik on quota for poor (25)
Ahmedabad: In what could be a significant turn in the quota agitation in Gujarat, a prominent OBC
leader on Sunday said that he would be ready to work with the Patel quota movement spearhead
Hardik Patel, if the latter took up the cause of reservation for poor people of all communities. “If Hardik
wants to meet us then we would welcome him and I would urge him to share stage and fight on the
issue of poor people of all the communities,” Alpesh Thakor, the convener of OBC Ekta Manch, which
has been opposing Hardik's quota demand for the Patel community, told PTI. The OBC Ekta Manch is
an umbrella body of the 146 OBC communities in Gujarat that came up after the Patels raised the
demand for inclusion within the OBC fold. “I wish Hardik’s agitation had gone in the right direction. I
would have extended my support to him had he raised the issue of reservation to the poor people of
the Patel community,” Thakor said. Hardik, the 22-year-old convener of Patel Anamat Andolan Samiti,
who has been spearheading the agitation for reservation to Gujarat's Patel community under Other
Backward Class (OBC) category, had yesterday said he will approach the people who are opposing
his movement. “People who are opposing our movement, we will approach them to make them
understand about our issue (of quota under OBC category),” Hardik had said after his release on bail
following arrest for defying prohibitory orders. Thakor, the 38-year-old president of Thakor Kshatriya
Samaj who claims to fight for SCs, STs and OBCs, while addressing Hardik as his "younger brother"
said he should have carried on the agitation peacefully and not by disturbing law and order in Gujarat.
The OBC and Patel communities have turned against each other in Gujarat following the Patel quota
stir. The OBCs have threatened that they will uproot the BJP government if Patels are given
reservation. The OBC community has also announced to take out a Pratikar Yatra(counter rally)
against Hardik Patel’s Ekta March (from Dandi to Ahmedabad) to counter the Patel quota agitation.
(Business Standard 20/9/15)
Rajasthan government breaches 50% bar, quota now at 68% (25)
JAIPUR: The Rajasthan assembly on Tuesday passed two bills granting 5% reservation to Gujjar-led
special backward classes (SBC) and 14% to economically backward classes (EBC), taking the total
quota quantum in the state to over 50% -- the upper ceiling that twice felled quota laws of the state.
The Vasundhra Raje government also pushed through resolutions urging the Centre to place the twin
bills in the 9th schedule of the Constitution to buffer them from legal scrutiny. Interestingly, the hurried
decision of the state came a day after RSS chief Mohan Bhagwat stirred a storm by suggesting that
the reservation system be reviewed. The two are, however, unlikely to be linked as the bills are a
result of a long process. If the Raje regime passed the legislations despite knowing the pitfalls of
breaching the halfway mark and introducing quotas on economic criteria that are legally untenable, as
flagged by two MLAs in the assembly, the recurring protests by Gujjars are seen as the provocation.
The government hopes to prove its bona fide through its demand to the Centre that the bills be put in
the 9th schedule. It, however, poses a tricky question for the Centre to heed the state's prayer for 9th
schedule as it may open the floodgates for similar pleas from other states. Given the polarization
around quotas in Rajasthan society, it is anticipated that the two bills will be challenged in the high
court the moment they are signed by the governor. As of now, quotas in state jobs and educational
institutions stand at 49% and the fresh measures will stretch it to 68%.It is deja vu for experts and
beneficiaries. Under pressure from Gujjars, the Raje government in 2008 had passed the same SBC
and EBC quotas though as part of the same bill. It was stayed by the high court in 2009 when the
succeeding Ashok Gehlot government tried to implement it.It was on the advice of legal experts and
Gujjars that the state brought separate bills for the two categories this time around. The chequered
history of quotas had another tryst with the legal process when the high court stayed 5% SBC quota
introduced by the Gehlot government in 2012. While the chief minister did not introduce the EBC
quota this time, the total quota still reached 54%. As a consequence, the court struck down 4%
excess quota and 1% SBC quota is still in operation. Despite the uncertainty over the fate of the bills,
parliamentary affairs minister Rajendra Rathore exuded confidence. "We drafted both the bills after
detailed discussions with experts. Karnataka, Andhra Pradesh and Odisha too have reservation
beyond 50%. Also, the Constitution preamble allows policies to be framed to remove economic and
social backwardness," he said. A riled Congress questioned the government's sincerity. "If this
government is really serious about reservation on economic basis, it should first get the Constitution
appropriately amended," leader of opposition Rameshwar Dudi said, accusing the Raje government of
misleading the people on EBC quota. (Times of India 23/9/15)
Gujarat announces EWS students package (25)
Ahmedabad: Gujarat government’s attempt to placate the agitating Patels on the quota issue by
announcing a financial aid package for EWS students failed to have the intended effect as protesters
rejected it as “lollypop”. Chief Minister Anandiben Patel, who announced the package on Thursday
afternoon, said the state government would offer financial aid to meritorious students from the
economically weaker section to help them pursue medical, engineering and other professional
courses. Noting that pro-quota agitators complained about meritorious students opting for self-
financing colleges AND PAY HIGHER FEES AS A RESULT OF RESERVATIONS for OBCs, SCs and
STs, THE Chief Minister said: “Moving forward, 75 per cent of the seats in self-financing institutions
will be reserved for meritorious students. The government would fix the fee structure and pay the fees
of deserving EWS students.” Announcing that the government would provide Rs 2,00,000 in annual
scholarship for EWS students pursuing medical programmes, Patel said the government would also
provide free textbooks for EWS students in higher secondary and high schools. She also addressed a
major bone of contention of the protestors by giving five year age relaxation for EWS candidate in
government jobs, which was so far available only for the reserved category candidates. Claiming that
the Patidar Anamat Andolan Samiti (PAAS) agitation has lost direction and become an anti-
government stir, Patel asked her community members to encourage their wards to take up science
programmes in college. “Gujarat has as many as 55 universities, yet many engineering and science
seats remain vacant,” she said. PAAS convener Hardik Patel immediately rejected the package and
said that they would announce further plan of action after consulting members of the movement’s core
committee. PAAS supporters pelted stones at BJP workers gathered to celebrate the new EWS
package in Surat’s Varachha locality, prompting police to use teargas shells to disperse the mob.
(Deccan Herald 25/9/15)
Quota issue needs to be taken seriously, says Kalraj Mishra (25)
Lucknow: Amidst demands for reservation in the country, the NDA government has said these have to
be taken “seriously” while striving for a solution to the issue through debate. “Demand for reservation
is rising in many states and agitations are being held for the same. This should be taken seriously and
a debate should be held on the issue to reach a solution,” senior BJP leader and Union Minister Kalraj
Mishra, told PTI. Clarifying the party’s stand on reservation, he said the BJP believes it was
“important” for the development of certain groups. “BJP firmly supports the constitutional reservation
for Scheduled Castes, Scheduled Tribes, other backward classes and extremely backward classes.
We believe that reservation is important for the social, education and economic development of these
groups.” On RSS chief Mohan Bhagwat’s statement regarding the reservation policy that has sparked
a row in political circles, Mr. Mishra said it was blown out of proportion by Bihar Chief Minister Nitish
Kumar, who he claimed had “misinterpreted” it. “Bhagwat’s statement was in reference to Patel
reservation demand in Gujarat and it was misinterpreted by Nitish and blown out of proportion for
political gains. They are trying to mislead people on the issue for mileage in polls.” said the Micro,
Small and Medium Enterprises Minister.-PTI (The Hindu 26/9/15)
'BJP will abolish quota policy if it wins in Bihar', says Nitish Kumar (25)
Khagaria: Bihar Chief Minister Nitish Kumar on Sunday alleged that the BJP-led coalition at the
Centre will abolish reservation for OBCs, SC and STs if it win assembly elections in Bihar as RSS
chief Mohan Bhagwat had called for review of the reservation policy. "The RSS chief has publicly
called for review of the reservation policy which the BJP-led coalition at the centre may scrap if NDA
gets power in Bihar," Kumar alleged at an election rally in Parbatta Assembly constituency in
Khagaria district. The victory of the BJP-led alliance will embolden NDA to toe the RSS line and scrap
the existing reservation policy, he alleged. Kumar promised 35 per cent reservation to women in
government jobs if his alliance (JDU-RJD-Cong) comes back to power at the hustings. He also took
umbrage to BJP and Prime Minister Narendra Modi in particular for ridiculing him on his Rs 2.70 lakh
crore vision for development of the state over next five years if his own alliance wins the election.
"You don't worry about how we will raise resources. We have enough sources of revenue to fulfil
aspirations of the people on development front," Kumar said. The Chief Minister said he has charted
out the vision document after taking into account various sources from which revenues will be raised
in coming years and not from any dole by anybody, he said referring to the Centre. The Prime
Minister had ridiculed Kumar's vision document last month and asked him from where he will raise
funds to implement his development agenda. The senior JD(U) leader, who launched the secular
alliance's campaign yesterday, flayed the NDA government for "non-fulfilment" of promises, including
bringing back black money from foreign shores, and asked the Prime Minister what happened to his
poll promise to distribute Rs 15 to Rs 20 lakh cash into bank account of every individual. Kumar also
slammed the 'Gujarat Model' of development, a plank on which Modi had won the Lok Sabha poll last
year, and alleged the pitiable condition of women and prevalence of unemployment in the PM's native
state tell a different story compared to the claims made about development there. In all, the Chief
Minister addressed five election meetings during the day. (Asian Age 28/9/15)
Sangha seeks quota in pvt. firms for minorities (25)
Kalaburagi: Members of the Bahujan Vidyarthi Sangha along with students from various colleges on
Wednesday took out protest here demanding reservation for Scheduled Castes, Scheduled Tribes
and Other Backward classes in the private sector. Hundreds of students from different colleges
marched from Jagat Circle to the Deputy Commissioner’s office. They then submitted a memorandum
urging the Centre to amend the Constitution to facilitate extension of caste-based reservation in the
private companies. Sangha district president Vinodkumar Srigan, in a memorandum, urged the State
government to fill all the backlog posts that have been vacant for a long time now. The memorandum
also said that job-oriented courses should be offered in educational institutions so that it helps people
acquire skills necessary to get jobs. Mr. Srigan also said that the Backward Class and Minorities
Hostels in the district were in pathetic condition and there was need to provide basic amenities there.
The memorandum suggested that such hostels should also have computer labs and libraries. (The
Hindu 1/10/15)
Congress supports 15-20% reservation for EBCs beyond 49% cap (25)
AHMEDABAD: Congress party has thrown its hat into the reservation ring. Gurudas Kamat, general
secretary of the All India Congress Committee and in-charge of Gujarat Congress, announced here
on Thursday that his party supports 15-20% economically backward class (EBC) quota for Patidars
and other non-reserved communities across India. This is in addition to the existing caste-based
quota in the country. "After wider consultations with national party president Sonia Gandhi and
Congress leaders in Gujarat, Congress has decided to support EBC status for communities like
Patidars, Brahmins, Baniyas and others who are deprived of reservation benefits despite economic
problems," said Kamat, who was on a one-day visit to the state. For a party that has capitalized on
Kshatriya, Hindu, Adivasi and Muslim (KHAM) politics in Gujarat, Congress' support for EBC quota
ahead of Bihar polls and civic elections in Gujarat is seen as an apparent bid to tap into unrest in the
middle class vote bank consolidated by the BJP . "We demand that the Narendra Modi-led NDA
government declare 15-20% EBC reservation. If Modi government fails, we openly commit the next
Congress government to do this,", said Kamat. While Patidars have been demanding OBC status,
Gujarat Congress president Bharatsinh Solanki clarified the party does not support any change in the
existing OBC quota. "We will not support any change in the present 49% quota for OC, SC and ST
but will support inclusion under the new EBC quota," he said. Kamat said if there was political will,
upper limit of 49% reservation fixed by Supreme Court cannot be an impediment. "Through legislative
amendment and adequate consultations, the Supreme Court too can be persuaded to allow additional
quota of up to 20% in the 51% general category. There is no need to disturb the existing reservation
structure." (Times of India 2/10/15)
Quota issue: Jaisalmer witnesses bandh (25)
JAISALMER: Jaisalmer district witnessed a bandh on the call given by upper castes which are
demanding reservation. A day earlier, people had observed Pokhran bandh over the same demand.
The activists of Samajik Nyay Andolan (SNA) protested against tinkering with OBC reservation and
demanded implementation of 14% reservation to economically poor upper castes. They organised a
public meeting which was addressed by Sheo MLA Manvendra Singh and some other leaders. A
public meeting will also be organised in Barmer on Tuesday. The meeting at Jaisalmer was held at
Maheshwari Bera. Addressing the meeting, Manvendra Singh said, "It (quota) is a fight for justice and
I am with people in this struggle. SNA spokesperson Yashwardhan Singh informed the gathering
about the legal aspects relating to OBC reservation. In the meeting, speakers asked the government
to fulfil the announcement made in election manifesto to give 14% reservation to the economically
poor. They demanded that reservation to basic castes of OBC should be protected and the castes
added to the OBC list without the recommendation of OBC Commission should be removed. They
said that reservation given to farmer Rajputs in OBC should not be disturbed. "On the lines of
Devnarayan Board, a board should be formed for the development of economically backward
sections," they said. (Times of India 6/10/15)
Implement 33 % reservation for women in police force: Maneka Gandhi (25)
NEW DELHI: Union minister for women and child development Maneka Gandhi on Thursday
appealed to states and Union territories to implement 33 per cent reservation for women in police
force to address the problem of crimes against women saying that all-women police station can not
address the problem alone. "States need to push 33 per cent reservation for women in police forces.
Women police station is not a complete solution," Gandhi said while addressing a workshop on
schemes related to women and child. Appreciating Gujarat and Bihar government for implementing
the reservation, the minister urged other states to follow the suit. Gandhi said that Union territories
have been ordered to implement the reservation by ministry of home affairs though none has done it
so far. She, however, said that exceptions can be given to states with a problem of insurrection as it
becomes difficult for women to deal in such situations. "There are Maoist areas in state like
Chattisgarh where women cannot be sent. But all states do not have such problem. They should at
least start implementing it," she said. (Times of India 9/10/15)
NDA out to do away with reservation policy: Mayawati (25)
BHABHUA (Bihar): BSP supremo Mayawati on Sunday expressed fears that the NDA government
was out to do away with reservation for OBCs and SC/STs in the backdrop of the RSS supremo
Mohan Bhagwat's call for review of the existing reservation policy. "I am afraid that the NDA
government is out to do away with reservation for OBCs and SC/STs amid Bhagwat's call for review
of the reservation policy in existence for all these years since independence," she told an election
rally. The NDA government was having a second thought on the reservation policy at a time when the
BSP and other political parties were demanding extending the affirmative steps in private sector too,
Mayawati, a four-term chief minister of Uttar Pradesh, said. (Times of India 11/10/15)
RSS think tank speaks up for SCs in Kashmir (25)
New Delhi: An RSS-related think tank is seeking to mobilise opinion on the Kashmir issue in terms of
the rights of Scheduled Castes and women. The Kashmir issue has always been important for the
Sangh Parivar, but the discourse around it is undergoing a subtle shift. As distinct from the familiar
focus on India’s oneness, the concomitant demand for repeal of Article 370 that grants Jammu and
Kashmir special status, and the plight of Kashmiri Pandits, the Jammu and Kashmir Study Centre is
invoking the rights of marginal groups to attack the State’s special status. The Study Centre has RSS
point man to Jammu and Kashmir Arun Kumar as its mentor and has former key ABVP Delhi state
functionary Ashutosh Bhatnagar as its general secretary. On Monday, the organisation criticised the
Jammu and Kashmir High Court’s recent judgment that Article 370 was beyond the amending powers
of the Constitution. The petition that led to the judgment had challenged the extension of SC/ST
reservation in promotions in the State as per the 77th constitutional amendment Act. For, no
Presidential Order had been issued for the same, a procedural requirement under Article 370. Urging
the NDA government to get the required Presidential Order issued to extend quota in promotion
benefits to the State’s Dalits and tribals, the Study Centre said on Monday: “The judgment creates a
situation where the SCs/STs in Jammu and Kashmir would be deprived of the benefits that are
available to SCs/STs in rest of India … In view of this judgment the rights of around 25 lakh
Scheduled Castes and Scheduled Tribes are being taken away ... .” “The issues of Dalits, tribals and
women are so important across India but it is an irony that none wants to discuss their interests in
Jammu and Kashmir,” Mr. Bhatnagar told The Hindu.The think tank has also taken up the issue of
Article 35 A of the Constitution, which, it claims, was wrongfully added as an annexure to the
Constitution in 1954, bypassing the constitutional amendment procedure with a special majority of
Parliament as mandated by Article 368. The think tank says this Article has denied permanent
resident status to husbands and children of women marrying outside the State and made sanitation
workers of the Dalit Valmiki caste stay tied to their occupation. The Study Centre lists the things one
loses out when denied this status: government jobs, admission to government professional colleges,
voting and property rights. Descendants of 200 Valmiki families brought in 1957 from Punjab to work
as safai karmacharis can’t get other jobs and admission to government professional colleges as their
permanent residence status is tied to the work, the organisation says. As for women, while they retain
their status if they marry outside the State, their husbands and children can’t hold property, cast their
vote, get admission to professional colleges or get government jobs in the State because of Article 35
A, it adds. There is a gender bias here, as the same disabilities do not apply to men marrying out of
the State, the think tank underlines. It also points out that thousands of refugee families that came
from west Punjab after Partition still do not have permanent residence status in the State. (The Hindu
14/10/15)
OBC leaders want to protect their right to reservation (25)
RAJKOT: The members of Other Backward Castes, Scheduled Castes, Scheduled Tribes and
Notified and De-notified Tribes will hold a seminar in the city on Saturday to protect their
Constitutional rights of reservation. OBC Ekta Mancha leader Alpesh Thakore will remain present
during the seminar that will be held at Luhar Samaj ni Vadi in Shiyaninagar. The community leaders
over various reserved categories on Friday submitted a memorandum to Rajkot district collector
Manisha Chandra along with their charter of demands for the welfare of OBC, SC, ST and other
backward communities. "The recent agitation of Patidars demanding reservation in OBC category is
an anti-reservation movement. Through this seminar we want to protect rights of backward
communities in the state," said Arvind Gohil, convener of the newly formed forum. The leaders
demanded separate welfare package for the OBC, SC and ST on line of package declared by state
government for the general category students. They also urged government to start recruitment for
the vacate posts in various government departments and fill all reserved category posts currently lying
vacant. (Times of India 17/10/15)
Rajasthan notifies quota for Gujjars, SBCs (25)
Jaipur: Rajasthan government has issued a notification to provide five per cent quota to Gujjars and
other Special Backward Classes (SBC) for which the Assembly has passed a Bill last month. The
notification, issued last night by the Department of Personnel, states that Rajasthan Specific
Backward Classes (Reservation of seats in Educational Institutions in the state and of Appointment
and Posts under the state) Act, 2015 (Act No 32) comes into effect from October 16, an official said
today. The said Act shall come into force from October 16, 2015, he said. The Act will provide 5 per
cent reservation in jobs and educational institutes to Gujjars, Banjara, Raibari, and Gadiya Lohar
communities in the state. On September 22, the state assembly had passed two separate bills for
providing five per cent quota to SBC, and 14 per cent to Economically Backward Classes (EBC) of
unreserved categories, sparking a controversy as it crossed the 50 per cent quota cap. The second
bill of EBC is yet to be get the Rajasthan Governor’s approval. Criticising the government’s move,
Congress leader Sachin Pilot had said it was a “tragedy” that despite knowing very well that there is
no provision in the Constitution for economically backward people to get reservation, the BJP
government has made a “farcical attempt”. (The Hindu 18/10/15)
Keep MPs, MLAs out of OBC creamy layer, demand netas (25)
NEW DELHI: A parliamentary panel on OBC welfare has taken exception to the proposal that elected
representatives be included in the "creamy layer" ineligible for Mandal reservations in central jobs and
educational institutions. It also demanded that the income ceiling to weed out the "creamy layer" from
quota benefits be raised to Rs 20 lakh annually. The present ceiling stands at Rs 6 lakh, while a hike
has been proposed to Rs 10.5 lakh. The twin demands reflect the unease of backward politicians over
the recommendations of the National Commission for Backward Classes (NCBC) to the Centre for the
periodic review of "creamy layer".In a first, the 'parliamentary committee on welfare of OBCs' recently
took up the NCBC report for a thorough discussion and expressed dissatisfaction with its proposals. It
is reliably learnt that it has asked the NCBC to withdraw and reconsider the report (which TOI
reported exclusively in a series of articles in May). According to sources, the discussion was stormy
as members argued that the stringent restrictions of "creamy layer" were responsible for the OBC
presence in government being less than half of the 27% quota in operation for over two decades. The
tug of war revolves around the NCBC's radical suggestion that past and present MPs and MLAs
should not be eligible for reservation, arguing that election to "high offices" like legislatures showed
that the said individual had achieved "social elevation" to fall in the "creamy layer".The NCBC has
also proposed that wards of a 'Class I' officer in state/Centre be excluded from reservation benefits,
irrespective of the officer being a "direct recruit" or a "promotee". Presently, only "direct recruits" fall in
the "creamy layer".At the meeting, the members of the OBC parliamentary panel questioned how
elected representatives could be put in the "creamy layer" when not all of them were educated or rich,
and were elected for a short term. Citing the low figures of OBC workforce in the government, the
MPs lamented that it had not reached even half of 27%.In this context, the panel members argued the
NCBC's suggested income bar of Rs 10.5 lakh was restrictive as it would keep out a big chunk of
backwards from availing quota. The red flag is significant since the present income bar stands at Rs 6
lakh. According to them, the leap in education costs makes the present and the proposed income
ceiling incongruous with the competitiveness expected from OBCs to avail quotas. "The income for
creamy layer should be Rs 20 lakh annually," the panel said. (Times of India 21/10/15)
Give OBC tag or will convert, warn 500 Patel families in Gujarat (25)
AHMEDABAD: As many as 500 Surat-based Patel families have threatened to convert from Hinduism
if the community is not granted OBC status and reservation in jobs and education. All the families
reside in Pasodara village near Surat city. Local Patel leaders described the move as a "symbolic
protest" against the state government, which "has denied the community reservation benefits under
OBC category"."We have conveyed our wish to convert to various Hindu organisations and leaders of
our religion," said Raju Bodara, a prominent member of Akhil Bharatiya Patidar Sena, a Patel group,
in Surat district. Vijay Patel, a local, said the families had been "compelled" to take such a step.
"Looking at the current situation, where the government is terrorising Patels by various means, we are
left with no other option but to convert. We are compelled to do so. This government and our religious
leaders should introspect," he said. Meanwhile, it has been reported that the self-styled torchbearer of
the Patel quota stir, Hardik Patel, may attend a rally of O P Chautalaled Indian National Lok Dal
(INLD) on November 1 at Rohtak. Hardik is currently jailed under sedition charges. "Hardik had
confirmed to me that he would come (before the arrest). If he gets bail, I am sure he will attend the
rally ," senior INLD member Abhay Singh Chautala said. (Times of India 26/10/15)
SC panel chief dubs RSS ‘anti-Dalit’ (25)
NEW DELHI: Weeks after RSS chief Mohan Bhagwat courted a controversy by calling for a
committee to look into “which categories require reservation and for how long,” the Chairman of the
National Commission for Scheduled Castes, P.L. Punia, has dubbed the Sangh “anti-Dalit.” “Mr.
Bhagwat has said this two-three times. The RSS and the BJP are anti-Dalit and anti-reservation. They
[the government] have no commitment to the pending Bill on reservation in promotion, too. The
constitutional amendment Bill is pending, why don’t they push for it,” he asked in a conversation with
The Hindu. He is also a Rajya Sabha member of the Congress. “The Prime Minister’s speech on
terminating interview for Group B, C and D jobs smacks of obsession with ‘merit.’ They talk about Dr.
Ambedkar. Mr. Bhagwat praised Dr. Ambedkar in his Dussehra speech. But he did not say a word
about his previous comment on reservation. He made no clarification. And the BJP hasn’t said once
that it disagrees with him — they have just said they agree with the present policy.” The BJP strongly
disagreed with this view. “The PM has made it clear that none can finish quotas till he lives. Our party
chief Amit Shah has also upheld quotas as they exist. Even the RSS chief had said these may
continue for a 100 years. Mr. Punia’s comments are motivated,” BJP spokesperson Bizay Sonkar
Shastri said. “He is in a constitutional position. He should clarify whether he is acting as SC
Commission chief or a Congress spokesperson.” Mr. Punia had days ago strongly reacted to Union
Minister Gen. (retd.) V.K. Singh’s “dog” analogy in the deaths of two Dalit children in Haryana, and
has called for cases to be registered against him under the SC/ST (Prevention of Atrocities) Act and
the IPC.Asked whether there should be exclusion of the creamy layer among Dalits from the purview
of reservation, Mr. Punia said this did not seem legally possible but he did not have any personal
objection to it. “The creamy layer concept was discussed in detail by the Supreme Court in the Indra
Sawhney case. It said creamy layer exclusion would apply only in relation to OBCs. So, legally
speaking, the SCs are a special class and different from OBCs,” he said. “But so far as my personal
opinion is concerned, I don’t have a problem in the exclusion of the very well-to-do, who have
benefited from the reservation in the past.” Asked about Congress leader Jitin Prasada seeking a
debate on Mandal and asking for quotas for the poor among the upper castes and a focus on the
most backward castes, Mr. Punia said: “Our 2014 manifesto said we can consider other proposals
without prejudice to the existent 50 per cent quota for the SCs and STs and the OBCs. All
Congressmen are committed to this. This is both my individual and party position.” (The Hindu
27/10/15)
India's reservation structure correct, quota issue shouldn't be politicised: RSS (25)
New Delhi: Days after Mohan Bhagwat kicked up a political storm with his quota remarks, the
Rashtriya Swayamsewak Sangh (RSS) has clarified its stand on reservation policy. While clearing its
stance on the issue, the RSS said it is not against reservations and the concept of quota is an article
of faith for them, according to a report of news channel IBNLIVE. "The current reservation structure in
India is right in itself," RSS leader Dattatreya Hosabale said, adding that "the issue of reservation
must not be politicised." RSS' statement comes a month after its chief Mohan Bhagwat called for
ending caste discrimination and said only an equitable society can lead to a strong and proud
community. “Interest groups are formed because we have certain aspirations in democracy. At the
same time, we should remember that through interest groups we should not strive to address those
aspirations at the cost of others,” he had said. “We should have integral approach of welfare for all. It
is sensible to realise that my interest lies in larger national interest. Government also has to be
sensitive to these issues that there should not be any agitations for them,” Bhagwat told Sangh
mouthpiece “Organiser” and “Panchjanya” in an interview. A political row broke out over RSS chief's
call for review of reservation policy with BJP opposing it and distancing itself from its ideological
mentor and shared the stand taken by Bihar-based parties which said reservation in India is a "settled
issue".BJP said it respected 100 per cent the reservation rights of SCs, STs and other backward
castes as it was essential for their social and economic development and empowerment. The BJP
was taken aback with Bhagwat's comments and Prime Minister Narendra Modi himself had to turn the
reservation row on its head during an election rally in Bihar. "I come from an extremely backward
class and understand the pain of having been born to a poor woman. I will not allow this to happen. I
pledge to protect the rights of dalits, mahadalits and backwards, even if it means sacrificing my life,"
he said addressing an election rally in Buxar on Tuesday. RSS had also clarified that Bhagwat did not
speak about existing quota system but said everybody should try to ensure that all weaker sections
reap its benefits. (Zee News 30/10/15)
U’khand cabinet nod for bill on 10% reservation to statehood activists (25)
DEHRADUN: The Uttarakhand state assembly, which begins its four-day supplementary budget
session today in Gairsain, may take up as one of its first activities, the bill to grant 10% horizontal
reservation to the over 10,000 statehood activists and their children in state government jobs. The bill
received a nod from the state cabinet in a meeting chaired by chief minister Harish Rawat late on
Saturday night. Confirming that the bill, which seeks to fulfill the longstanding demand made by
statehood activists , would be tabled on priority, assembly speaker Govind Singh Kunjwal, who will
preside over the proceedings of the session, told TOI that "in all likelihood, the bill should be placed
on the floor of the House either on Monday or Tuesday." The provision of horizontal reservation
stipulates that if a person in the reserved category is a member of SC, ST or OBC, he/she should get
the benefits of the reservation entitled to these categories. If from the general category, he/she should
get the declared reservation under the horizontal reservation provision. Notably, the state government
had to draft the bill for proposed reservation after the Supreme Court issued a directive to it to this
effect about two months ago. This followed a Special Leave Petition (SLP) filed by the state
government to challenge the Uttarakhand HC order quashing a government order (GO) that was
passed by the Harish Rawat government which accorded reservation to statehood activists.
Meanwhile, statehood activists say they are finally seeing light at the end of the tunnel. "The day this
bill becomes an Act, it will be major victory on the part of all statehood activists who have been
fighting for their demand for such a long time," said Pradeep Kukreti, general secretary of Rajya
Andolankari Manch. (Times of India 1/11/15)
Patels to protest against Modi in Britain (25)
Ahmedabad: Patel community activists have sought Britain's permission to stage protests against
Prime Minister Narendra Modi when he visits there this month, a Patel leader said on Monday. They
want to hold the demonstration to press their demand for reservations for Patels in jobs and
educational institutions in Gujarat. Said Varun Patel, a Patidar leader in Ahmedabad: "We have
written to British Prime Minister David Cameron to allow us to exercise our right to protest in their
great democracy since we are not allowed to do so in our very own state by our own government."
Patel, who is the Ahmedabad convenor of the Patidar Anamat Andolan Samiti (PAAS), was referring
to the sedition charges slapped on PAAS chief Hardik Patel and his supporters. "Hardik and his close
associates are being tossed from one set of policemen in one city to another in another city," he
added. Varun Patel said: "We wish to highlight before the Indian community in Britain the plight of the
Patel community which is being targeted for raising its voice in the prime minister's home state
Gujarat." He wondered how other political parties and groups are allowed to take out processions and
stage protests, "but no Patidar gets permission to hold a public function in this state". Modi is
scheduled to visit Britain from November 12 to 14 before leaving for Turkey to attend the G-20
summit. Patel said the agitating Patels had decided to vote against Bharatiya Janata Party (BJP)
candidates, irrespective of their caste, in the ensuing elections to 323 local bodies, including six
municipal corporations, on November 22 and 29. "Kamal ne kachdi nakhishu (We will crush the
lotus)", Varun Patel said, referring to the BJP election symbol. (Business Stadard 2/11/15)
Tribunal Orders in Favour of Disabled Candidate (25)
THIRUVANANTHAPURAM: Kerala Administrative Tribunal’s (KAT) order to include a physically
handicapped (PH) candidate who succeeded in the Prelims and Final written tests in the rank list for
the post of Deputy Collector in the Land Revenue Department is likely to put an end to the PSC
practice of conducting ‘suitability assessment’ of PH candidates. Madhu K of Sreepadam, Patturaikal,
Thrissur, an alumnus of IIT, Kharagpur and presently employed with IIT Ahmedabad had moved KAT
against the denial of justice and discrimination meted out to him. Madhu, who completed MTech in
Electrical Engineering from IIT, Kharagpur had been shortlisted, but the PSC found him unfit for
outdoor work after the interview. “It was a denial of equal opportunity and rights enshrined in the
Constitution. As per the Central Act, physically handicapped persons considered for posts reserved
for them should not be subjected to the ‘suitability assessment’ on the basis of an interview. The
Central Act passed in 1995 emphasises the need for giving the disabled a quota,” he pointed out.
KAT sitting chaired by Justice T R Ramachandran Nair and member K Cyriac Joseph after analysing
various provisions of the Act, held that having considered the physically handicapped for posts
reserved for them as per the Act, they should not have been subjected to the suitability assessment
on the basis of an interview. KAT setting aside the PSC’s contention of non suitability, directed it to
include him in the rank list within a month without affecting the already included persons and not
disturbing the reservation turns if any. Though Madhu had been certified with 42 per cent orthopaedic
disability, he should not have been excluded from the list as the government had included the Deputy
Collector’s post in the Land Revenue Department for 3 per cent reservation for persons with disability
as per the provisions for the Persons with Disability (Equal Opportunities, Protection of Rights and
Full Participation) Act of 1995. The PH candidates can have a sigh of relief that PSC will not be able
to discriminate against them in future.When contacted PSC Secretary Saju George told ‘Express’ on
Thursday that PSC had received the copy of the verdict and he had written to the Commission on
complying with the order.“The KAT order will clear the road blocks of PH candidates. The Supreme
Court had pointed out that once the government had stipulated the quota and passed the relevant
Act, the PSC had no business to object it, but there was a provision to conduct suitability assessment
that will no more be relevant,” he said. (New Indian Express 6/11/15)
Bihar election results: Dalit, Dadri cost BJP dear (25)
New Delhi: Did RSS supremo Mohan Bhagwat’s comments on reservation and controversial remarks,
including on the Dadri lynching and Faridabad Dalit incident, by saffron leaders cost the BJP-led NDA
in the Bihar Assembly elections. Both the BJP and the RSS on Sunday rejected that Mr Bhagwat’s
remarks had any impact on the elections, with the Sangh claiming that the Grand Alliance leaders
used the “anti-RSS” plank to “hide the shame of caste-based political polarisation and consolidation of
reactionary politics.” Incidentally, Mr Bhagwat is camping in Delhi and senior BJP leader and Union
minister Rajnath Singh met him on Sunday morning.It could be recalled here that BJP leadership had
to reprimand its leaders for their controversial remarks after the party came under fire for trying to
“polarise” the votes on “communal lines.” BJP president Amit Shah’s remarks that firecrackers will go
off in Pakistan if the Grand Alliance won also backfired for the NDA, which had claimed that
development was its main poll plank. Rejecting suggestions that Mr Bhagwat’s remarks had a
negative impact on the saffron party’s poll prospects, senior BJP leader and Union minister
Ravishankar Prasad said “Absolutely not.” RSS ideologue Rakesh Sinha maintained that Mr Bhagwat
had only given a “rational assessment of reservation policy which is meant to empower SC/ST/OBC
who failed to get the reservation benefits.” He infact questioned the BJP as to why it failed to
consolidate the pro-BJP sentiments in Bihar despite “unmatched popularity of Prime Minister
Narendra Modi and enough representation from the state in PM’s council of ministers. He added that
“elitism” has become a “bane” for the BJP. “This (reservation) issue has been blown out of proportion
and had no impact on voting pattern...What he (Bhagwat) meant was to highlight the capacity building
of SC/ST/OBC so that larger number of people could take the benefit of the policy of positive
discrimination,” said Mr. Sinha. (Asian Age 9/11/15)
Bhagwat's remarks worry reservation beneficiaries (25)
GANDHINAGAR: Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat's 'antireservation'
comments are being blamed for the BJP's humiliating defeat in Bihar assembly elections. The same
comments, which Bihar chief minister Nitish Kumar and Rashtriya Janata Dal (RJD) chief Lalu Prasad
used to their advantage, may upset the BJP's apple cart in Gujarat in the local body elections
scheduled later this month. The state BJP is already on the defensive over reservations because of its
opposition to the Patidar demand for OBC status and reservations. Now Bhagwat's comments may be
interepreted by the OBCs, and the SC, ST communities who are already getting quotas as a sign that
the Sangh Parivar is against the reservation policy itself. This will leave the state BJP with no reliable
supporters. On the other hand, the state Congress appears keen to capitalise on the suspicion that
has set in among quota beneficiaries. It has set the ball rolling by promising 20% 'special reservation'
for Economically Backward Classes (EBC) of the non-quota communities without disturbing the
existing 49% reservations for SC, ST and OBC. Political scientist Dinesh Shukala says that the BJP
has become sandwiched between pro-reservation and anti-reservation forces. "On the one hand, its
core vote bank of Patidars has turned against it and, on the other, RSS chief Mohan Bhagwat's jibe
against reservations during Bihar elections has portrayed the BJP as being against quo tas even for
SC, ST and OBCs," said Shukala. He added that these are feeling threanted and are again leaning
towards the Congress. Congress is effectively balancing between Patidars as well as the OBC, SC
and STs to appear pro as well as anti-reservation. "This is going against BJP in the local body
elections," said Shukala. Harikesh Patel, a spokesperson of the Patidar Anmat Andolan Samiti
(PAAS), said that Bihar results have shown that the power of Patidars (Kurmis) of Bihar. "Nitish
Kumar has show the door to the BJP. In Gujarat, too, we will do the same," Harikesh Patel said. "The
Congress supports reservation. Hence, Patidars will now vote for the Congress," said Harikesh Patel.
Alpesh Thakor of the Ekta Manch of OBC, SC and ST, said that during the Bihar assembly elections,
the RSSBJP had exposed their antireservation mindset. "That is why Bihar's voters rejected them. In
Gujarat also we will not allow BJP to snatch the quota rights of SC, ST and OBC communities.The
OBC, SC and ST communities will vote against the BJP as the RSS is essentially against
reservations," said Thakor. (Times of India 11/11/15)
Delay in implementing Sadashiva report termed treachery (25)
BALLARI: B. Hussainappa Swamy Madiga, State president of Madiga Dandora, an organisation
demanding internal reservation among Scheduled Castes, while terming the inordinate delay in
implementing the Justice A.J. Sadashiva Commission Report as “an act of treachery” on the part of
the State government, said that a padayatra from Hiriyuru to Bengaluru would be taken out from
November 16 to press for the early implementation of the demand. Speaking to presspersons here on
Wednesday, Mr. Madiga criticised the successive governments and also the present Congress
government for only assuring to implement the commission report, while not initiating any steps in this
regard. To register their protest against “the treachery”, the organisation would also be holding a
public meeting in front of the residence of Chief Minister Siddaramaiah on Novermber 26. Around
2,000 members of the Ballari district unit will participate in the agitation programme, he said. (The
Hindu 12/11/15)
Transgenders seek job quota (25)
KALABURAGI: A group of transgenders staged an hour-long dharna outside the residence of the
Municipal Administration and Minority Affairs Minister Qamarul Islam in the city on Sunday, seeking
reservation in employment and BPL cards for transgenders. The protesters, under the banner of Jaya
Karnataka, in a memorandum addressed to Chief Minister Siddaramaiah and submitted to Mr.
Qamarul, said the government should extend three per cent reservation in recruitment in all
government and quasi-government departments, boards and corporations. They wanted the
government to also give instructions to all its departments that preference be given to transgenders in
posts that are outsourced. Agencies that supply workers to fill up these posts should be asked to give
preference to transgenders. The protesters said they were finding it difficult to get Aadhaar cards due
to several conditions put forth by officials. They wanted the process of issuing Aadhaar cards
simplified, and Aadhaar and BPL cards be issued for all transgenders. The pension of Rs. 500 given
to transgenders every month should be increased to Rs. 3,000, they demanded. (The Hindu 16/11/15)
BCs Seek 50 percent Quota in Legislative Bodies in Country (25)
KURNOOL: LB Nagar (Hyderabad) MLA and Backward Classes Welfare Association national
president R Krishnaiah has demanded 50 per cent reservation for BCs in the Legislative Assemblies
and the Parliament. Krishnaiah, during BC ‘maha garjana’ meeting convened with the representatives
of various BC employees’ organisations here on Monday, urged the NDA government to introduce the
BC Bill in the Parliament and give 50 per cent constitutional reservation in the legislative bodies to
BCs. He also threatened to launch an agitation across the country if their demand is not met. “The
BCs are facing severe problems than SCs/STs, in the absence of beneficiary schemes by the
government. Hence, the Central government should table the BC Reservation Bill in the next session
of the Parliament, to ensure social justice and empowerment of BCs,” he said and asked the chief
ministers of both Andhra Pradesh and Telangana states to make mount pressure on the Centre in this
regard. Demanding the Centre to provide reservations to BCs/SCs/STs in proportion to their
population, Krishnaiah demanded that a separate ministry for BCs be created at the Centre besides
setting up a BC Commission. He also asked for BC Sub-plan by allocating Rs 50,000 crore, on the
lines of SC, ST Sub-plan introduced in Andhra Pradesh during the current financial year. He wanted
the government to facilitate 80 per cent subsidy in various subsidy schemes granted by governments,
under bank loans and corporation loans. Criticising the AP government’s plan to include Kapus in
BCs, he stated that six committees formed earlier in 1963, 1970, 1993, etc., rejected this proposal.
(New Indian Express 17/11/15)
Certificates of birth may carry Dalit stamp (25)
New Delhi: A child’s birth certificate may bear the stamp of his or her being a dalit, as per the draft
guidelines framed by the government. To ease the difficulties faced by SC and ST students, schools
in all states and Union Territories will soon also be made responsible for issuing caste and domicile
certificates to Scheduled Caste and Scheduled Tribe students when they are studying in Class 8. The
step has been taken as the Centre has been receiving representations from time to time regarding the
difficulties faced by SC and ST candidates in obtaining caste or domicile certificates while applying for
admission, and services under the Central government. The domicile certificate is issued by the
authority concerned of the state government or UT to prove that the person bearing the certificate is a
resident of the issuing state or UT. The certificate is issued as proof of residence to avail of domicile
or resident quotas in educational institutions and in the state or Centre services, as also in the case of
jobs where preference to local residents is available. “The possibility may also be explored to indicate
the Scheduled Caste or Scheduled Tribe status in the birth certificate,” reads the Department of
Personnel and Training’s draft guideline for states and UTs. To help such students, the head of the
school would get the necessary documents filled up by them in Class 8. A window of two months —
September-October, or any other time frame decided by the state government or UT — may be given
to complete the exercise. (Asian Age 23/11/15)
Gujarat CM rules out Patel quota (25)
Ahmedabad: A day after first phase of polling ended in Gujarat for local self governments, Chief
Minister Anandiben Patel said that there was no question of providing reservations to the Patidar
community under the Other Backward Classes category. Patel was speaking at a poll rally in
Saurashtra’s Amreli district, one of the key battlegrounds in wake of Patel quota stir seeking
reservations in government jobs and educational institutions. Amreli is believed to be one of the
strongest supporter of Patidaar movement among all the Saurashtra constituencies and would see
polling on November 29, along with 56 municipalities, 230 tehsils and 31 district panchayats in the
second phase. This is for the first time since the five-month-long quota stir by the Patel community in
the state that the chief minister has come out in open and categorical statement denying the
possibility of any reservations to Patels. She said that her government would not let other
communities suffer by earmarking quotas for the Patels. “Only 5 per cent of Patels are agitating and
demanding reservations. There is no question of giving them quota,” Patel said in her campaign
speech in Rajula town of Amreli district. The overtures by the chief minister is also seen as her bid to
woo OBCs, SCs and STs, who form 60 per cent of state population, away from the Congress to the
BJP fold. The Patels, who have been strong supporters of the BJP in the state for over two decades,
form 14 per cent of the total population. Polling for the second phase assumes significance for the
ruling BJP and the Congress, since several rural areas in the Patel-dominated North Gujarat and
Saurashtra regions will elect their self-governments and could decide the fate of Patidar agitation
going forward. Counting of votes polled during both the sessions will be held on December 2. In an
another development, over 3,500 Patels, alongwith two former corporators joined Congress in
Himmatnagar town in North Gujarat. They were welcomed in to party by state party president
Bharatsinh Solanki. The Patel organisations leading the quota stir have pledged their support for the
Congress. (Deccan Herald 24/11/15)
SC notice to UGC on quota (25)
NEW DELHI: The Supreme Court on Tuesday asked the University Grants Commission (UGC) to
respond to an allegation that differently abled persons are not given three per cent reservation in jobs
by universities. A Bench comprising Justices Dipak Misra and Prafulla C. Pant asked the UGC to
reply in five weeks on a petition filed by the Justice Sunanda Bhandare Foundation. The Persons With
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act divides the
reservation quota equally among persons suffering from blindness and low vision, those suffering
from hearing disability and those suffering from loco-motor disability or cerebral palsy. “For 19 years, it
[the Act] has not been implemented . The disabled have not received the merit they should have got,”
the Bench said. (The Hindu 25/11/15)
Govt should provide quota for SC/STs in pvt sector: CPI(M) (25)
New Delhi: CPI(M) on Thursday demanded that the Centre should enact a law to provide reservation
to SC and ST communities in the private sector, stressing it would be best way to observe the
anniversary of the adoption of the Constitution. CPI(M) general secretary Sitaram Yechury said that
SC/ST (Prevention of Atrocities) Bill, 2015 be brought to its logical conclusion and reservation be
extended to private sector, as the special sitting of Parliament got underway. "Is the BJP govt ready to
take The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Bill 2015 to its logical
conclusion? Is the BJP govt ready to enact a law for extending reservations to the private sector?
@cpimspeak @CPIMPARLIAMENT"Is the BJP govt ready to enact laws providing statutory status to
the Scheduled Caste/Scheduled Tribe Sub-Plan? @cpimspeak @CPIMPARLIAMENT. This is the
least that the Parliament can do to carry forward Dr. Ambedkar's vision. This is the best way to
observe this anniversary," Yechury tweeted. Talking to reporters, Yechury underscored need for such
reservation saying employment opportunities in the public sector is "shrinking" and called for quota in
jobs in private domain. The special sitting is being held on the first two days of nearly month-long
Winter Session of Parliament to mark adoption of the Constitution and commemorate its architect BR
Ambedkar. (Zee News 26/11/15)
40L Dalits to convert if 117th amendment not passed (25)
MEERUT: Some 40 lakh Dalits, SCs and STs will convert if the 117th amendment bill of Constitution
is not passed in the current winter session, the Aarkashan Bachao Sangharsh Samiti, a key body, has
said. Samiti members met in Baraut on Friday to announce a maharally at Ramlila Grounds in Delhi
on December 10, to be attended by at least 10 lakh Dalits, in support of their demands. RK Singh,
Samiti chief, said, "The right to representation of SCs and STs is being violated repeatedly by our
politicians because of which we are not being given reservation in promotions in government jobs.
The 117th amendment bill will guarantee us that right has been pending in Parliament's lower house
for the last 3 years. If it is not passed this time, we will launch a nationwide agitation." The 117th
amendment bill, if passed, will override the 2006 Supreme Court order in which it held that before
framing law to provide reservation in promotion, the state will have to satisfy the test of backwardness
of a particular group of ST and SC, inadequate representation of the said group and efficiency of the
administration. Only a handful of states have followed the SC order while the rest, including Haryana,
UP, Uttarakhand, Himachal Pradesh, Haryana, Gujarat, have not been able to provide reservation in
promotion to the backward classes. The central government introduced the 117th amendment bill
which has the power to override these riders — which means that all SCs and STs notified in the
Constitution shall be deemed to be backward. The Rajya Sabha cleared the bill in 2012, but it has
been pending in Lok Sabha ever since. Singh said, "Politics is being played to unnecessarily delay
our rights. BJP is in full majority in the lower house which is in session right now. If it really cares for
the backward classes, it must pass the bill without delay or we will launch massive agitations."
Currently, half of the states do not provide reservation in promotion to the backward class because
they have not fulfilled the requirements laid down by the SC. (Times of India 28/11/15)
Implementation of Sadashiva commission report sought (25)
BALLARI: The members of the Karnataka Madiga Dandora Samiti, fighting for the internal reservation
among scheduled Castes, staged a day-long protest in front of the Deputy Commissioners’ office in
Ballari on Monday, asking the State government to implement the recommendations of the Justice A
.J. Sadashiva Commission immediately. District president of the samiti J. Jaganath Madiga, in a
memorandum addressed to Chief Minister Siddhramaiah, stated that even though the Justice A.J.
Sadashiva Commission Report was submitted to the government in 2012, the government has not
initiated any measures for implementation of the commission report. Mr. Jaganath demanded that the
State government set up a separate development board for the Madiga community; the government
should allot 5 acres of land to all landless farmers belonging to the community, he said. (The Hindu
1/12/15)
DC for 3 pc quota for specially abled (25)
Mangaluru: Deputy Commissioner A B Ibrahim said a proposal for the construction of a full-fledged
and permanent rehabilitation centre in the district has been sent to the State government. He was
speaking at a programme organised on the occasion of the International Day for the Differently Abled
Persons at the Town Hall here on Thursday. He lamented that the demands of specially abled, like
separate parking space and ramps or lifts in offices and banks not being fulfilled. Ramps and lifts
should be included in the planning stage of buildings itself. There is a need for an effective
implementation of three per cent reservation for specially abled, the officer said. Ibrahim said that
28,000 people have either become physically or mentally disabled due to Endosulfan in the district.
He said the gap between haves and have nots is increasing in the mad race of development. The
discrimination against women, dalits, minority, differently abled has not decreased and they are not
getting equal platform, which they are eligible to get, he regretted. St Agnes Special School teacher
Pushpalatha, Christaraja Navachethana Special School teacher Zeta D’Souza, Roman and Catherine
School for Blind student Deekshith, St Mary’s Special School, Kinnigoli, teacher Reshma Jyothi,
Saanidhya Special School teacher Veena P N, Lions Special School, Surathkal, Assistant Teacher
Meenakshi, Rebecca from Bethani Special School, Mardhala, Sandeepa Special School, Sullia,
student Mithun, Chethana Special School, Mangaluru, Assistant Teacher Veena Kulal, Mangalajyothi
Integrated School, Vamanjoor, teacher Savitha Kakathkar, Chessire Home of India, Warden Sr
Theresita, Andhara Chalana Valana Kendra, Mangaluru, Assistant teacher Sundar C Kotian, Karavali
Vikalachethanara Abhivruddhi Sangha President Muhammed Junaid, rural rehabilitation worker,
Vittal, Vasanthi B and agriculturist Koragappa were felicitated on the occasion. A number of cultural
programmes were present on the occasion.Dakshnina Kannada Zilla Angavikalara Federation
submitted a memorandum to the Deputy Commissioner seeking the fulfillment of their demands, such
as providing school facilities to specially abled children in rural areas, concession rates in private and
express bus fare and airfare for specially abled, increase in monthly pension to Rs 1,500 to Rs 1,200.
Senior Civil Judge and District Legal Services Authority Member Secretary Ganesh B inaugurated the
programme. Zilla Panchayat Chief Executive Officer P I Srividya, District Women and Child
Development Department Deputy Director Sundar Poojary, Lions District Governor Kavita Shastry,
District Angavikalara Federation President Dinesh Shetty and Lions Club, Gandhinagar, President
Sudhakar Shetty were present. Dakshina Kannada district administration, Women and Child
Development Department, Differently Abled and Senior Citizens’ Empowerment Department, District
Legal Services Authority and Lions Club, Gandhinagar, had organised the programme. Specially
abled children took out a rally from University College, Hampankatta, to the Town Hall. Senior Civil
Judge Ganesh B flagged off the rally. (Deccan Herald 4/12/15)
Assam CM announces Rs 1,000 crore special package for SC community (25)
GUWAHATI: Assam chief minister Tarun Gogoi today announced a special package of Rs 1,000
crore for the development of Scheduled Caste community in the state. Announcing the special
package at a public meeting held on the occasion of 60th death anniversary of BR Ambedkar, Gogoi
said his government has all along given thrust on the development of SC and other communities. "If
the SC and other communities lag behind, then how can Assam march on the path of growth and
development? With this in mind, we constituted the Development Councils so that the different
communities can take part in the development process and reap the benefits," he said. The chief
minister also announced that an Institute of Social Justice will be set up in the name of Ambedkar and
additional grants would be given to the SC Development Council. Paying tribute to Ambedkar, Gogoi
said he was a freedom fighter, a jurist, economist, politician and social reformer - all rolled into one.
"The principal architect of the Indian Constitution, Dr Ambedkar fought untiringly for the downtrodden,
against social discrimination, injustice and oppression. He devoted his entire life to the cause of social
justice, gender equality and promotion of education," he added. Following the footsteps of Ambedkar,
Gogoi said his government is giving emphasis to gender equality by empowering women through
education and formation of Self Help Groups to bring about economic transformation. Advocating for
continuation of reservation for backward communities, Gogoi said he will oppose the decision of the
Centre to review the policy of reservation on the ground that these communities are still trailing behind
and need support to be on par with other advanced communities. (Times of India 6/12/15)
‘Extend quota system in private sector’(25)
KALABURAGI: The Research Scholars Association has demanded that the Union government bring
in changes in the Constitution to extend reservation benefits to the Scheduled Castes, Scheduled
Tribes and Backward Class candidates in the private sector. Association president Sunil Jabadi told
presspersons on Monday that the members of the association would stage a protest demonstration
on the main campus of Gulbarga University on December 11 raising this demand.He said that
research scholars pursuing M. Phil and Ph. D would take out a protest rally from the administration
building to the B.R. Ambedkar Bhavan and submit a memorandum addressed to Chief Minister
Siddaramaiah to the Vice-Chancellor. (The Hindu 8/12/15)
HC notice to state govt on reservation in promotion (25)
CHANDIGARH: The Punjab and Haryana high court on Friday issued notice to the Punjab
government on a plea against the provisions to provide reservation to state employees of scheduled
castes (SC) and backward classes (BC) categories. A division bench comprising Justice S K Mittal
and Justice Shekhar Dhawan has asked the Punjab government to file reply on the issue by March 8.
The matter reached before the high court in the wake of a petition filed by Ujjal Singh and Satish
Kumar, administrative officers of the Punjab forest department. The petitioners have sought directions
to quash sections 4 (3), 4 (4) and 4 (8) of The Punjab Scheduled Caste and Backward Classes
(Reservation in Services) Act, 2006, providing reservation to socially-backward employees in
promotions. Referring to the Supreme Court judgments, the petitioners submitted that before making
promotions on basis of reservation, the state government had to collect quantifiable data showing
backwardness of the class and inadequacy or representation of that class in public employment in
addition to compliance with the Article 335 of Indian Constitution. According to petitioners, the Punjab
government, however, had not done that exercise till now, but was going ahead with making such
reservation-based promotions in various departments by relying on erroneous and vague legal advice
given to it. Thus, the Punjab government was required to be restrained from making any promotions
based on provisions contained in state's Act of 2006, the petitioners mentioned. They also referred to
a Punjab and Haryana high court judgment in case of Hari Singh, wherein the similar policy of
Haryana government providing for reservations in promotions, was quashed. (Times of India
12/12/15)
MP to extend reservation for SC, ST in ad hoc recruitments (25)
BHOPAL: Taking a lesson from Bihar assembly and Jhabua by-poll debacles, BJP has decided to
extend full support to reservations by extending it to other recruitments in Madhya Pradesh, if chief
minister Shivraj Singh Chouhan's announcement is any indication. Chouhan on Sunday declared
reservation to SCs and STs will also be given in ad hoc recruitments. Congress termed this
announcement as a bait aimed to lure tribals. "There were misconceptions floated by opposition
parties that BJP is against reservation which are absolutely baseless. We are not against reservation
of backward class but, from now on we will extend it in ad hoc recruitments too'', said Shivraj Singh
while addressing a gathering of SCs and STs union in Gwalior. Beginning with RSS chief Mohan
Bhagwat's comment on reservation to BJP's repeated clarifications on the issue, it was observed
party needs to convince backward class about it's stand. Chouhan also believed party's debacle in
tribal belt of Jhabua during parliamentary by-poll was caused by Congress raking up reservation
issue. "Reservation will never be abolished in the state," Chouhan reiterated at the meeting, adding,
backlog vacancies of SCs-STS will also be filled within time-limit. As an add-on, BJP government
ensured government servants of reserved classes will be promoted by holding departmental
promotion committees, while reviews will be undertaken by the chief secretary. It was stated rules for
promotion on seniority basis will be implemented strictly and chief secretary would undertake review
every six months. The government has also given special attention to SC and ST employees in field
postings. Congress, has reiterated that BJP has always been against reservation. Congress state
president Arun Yadav said, "BJP tried to woo backward classes and considered them only as a vote
bank. This is again a step to lure the SCs and STs after BJP started losing elections. Congress will
always be with the deprieved class, fighting for their rights'', Yadav told TOI. Shivraj Singh during his
public meetings has also raised issue of free education, facilities and scholarships to reserved class.
Now he has assured to extend benefits of higher education abroad to the students of reserved
classes too. (Times of India 15/12/15)
Centre okays inclusion of some castes in Scheduled Castes list (25)
NEW DELHI: The government today approved a proposal for inclusion of certain castes, including
Sais, Aheria and Peruvannan, in the list of Scheduled Castes (SC) in five states. The Union Cabinet,
chaired by Prime Minister Narendra Modi, gave its approval for introduction of a Bill for amendments
to the Constitution (Scheduled Castes) Order, 1950, in order to modify the list of Scheduled Castes in
respect of the five states — Chhattisgarh, Haryana, Kerala, Odisha and West Bengal. The proposal
also seeks some changes in the Central List of Other Backward Classes of the states of Chhattisgarh,
Haryana and Kerala, consequent upon inclusion of certain castes or parts thereof in the list of
Scheduled Castes. The castes and communities that were found eligible for their inclusion in SC
category from Chhattisgarh are Sais, who are also known as Sahis, Sarathi, Soot-Sarathi and
Thanwar. Two castes from Haryana have also been included in the SC list. These are Aheria, also
called Aheri, Hari, Heri, Thori and Turi, and Rai Sikh. In Kerala, Peruvannan caste has been included
the SC list while Malayan from certain areas will also be entitled to the same benefits. Castes, which
have been excluded from the OBC list consequent upon their inclusion in SC list include Bariki and
Kummari from Odisha, while the area restriction of the inclusion of Chain caste in West Bengal has
been removed. After the Bill becomes an Act, members of the communities included in the list of
Scheduled Castes will be able to derive benefits meant for Scheduled Castes under the existing
schemes. Some of the major schemes for these groups include Post Matric Scholarship, National
Overseas Scholarship, Rajiv Gandhi National Fellowship, Top Class Education, Concessional Loans
from National Scheduled Castes Finance and Development Corporation, Hostels for SC boys and
girls. In addition to above, they will also be entitled to the benefits of reservation in services and
admission to educational institutions. The Constitution provides certain privileges concessions to the
members of Scheduled Castes which are notified under the provisions of Article 341. First list of
Scheduled Castes in relation to a state or Union Territory is to be issued by a notified Order of the
President after having consultation with the state government concerned. Any subsequent inclusion in
or exclusion from the list of Scheduled Castes can be effected through an Act of Parliament as
envisaged under clause (2) of Article 341. Six Presidential Orders were issued between 1950 and
1978 for specifying Scheduled Castes in respect of various states/Union territories. These Orders
have been amended from time to time by Acts of Parliament enacted as per Article 341(2) of the
Constitution between 1956 and 2015. (Times of India 16/12/15)
MPs "Condemn" Gujarat HC Judge's Anti-quota Remark, Warn of Impeachment (25)
NEW DELHI: Members of a Parliamentary panel on Scheduled Castes and Scheduled Tribes, cutting
across party lines, today assailed the alleged "anti-reservation" remarks of a Gujarat High Court
Judge and warned of impeachment proceedings against him. The members of Parliamentary
Standing Committee on SC/ST at a meeting in Parliament House "condemned" the remarks by
Justice J P Pardiwala and resolved to stage a protest in front of B R Ambedkar's statue on December
23. The meeting was attended among others by Union Ministers Ram Vilas Paswan and Thawar
Chand Gehlot. "At the meeting the remarks of the judge were condemned and it was decided that
MPs will protest on December 23 in front of the statue of B R Ambedkar. The judge has abused the
Constitution and we will move impeachment proceedings against him in Rajya Sabha," BJP MP Udit
Raj told PTI; He said the process of moving an impeachment motion against the judge has begun with
several MPs already having signed the petition. Signatures of 50 members are required for moving
such a motion. Weeks after the Supreme Court scrapped the National Judicial Appointments
Commission (NJAC) Act, BJP member Udit Raj had targeted the judge in the Lok Sabha.
Pardiwala, while declining to drop the charge of sedition against Patel quota stir leader Hardik Patel,
had recently said,"If I am asked by anyone to name two things which have destroyed this country or
rather has not allowed the country to progress in the right direction, then the same is reservation and
corruption." "It is very shameful for any citizen of this country to ask for reservation after years of
independence. When our Constitution was framed, it was understood that reservation would remain
for a period of 10 years, but unfortunately it has continued even after 65 years of independence," he
had reportedly said in his order. (Nw Indian Express 18/12/15)
Parliamentary panel: SC/ST candidates denied chance (25)
NEW DELHI: A parliamentary panel has observed “discrepancies” in the reservation roster of the
Delhi University and “deliberate” denial of appointment to SC and ST candidates in various teaching
posts. It sought the government to fix responsibility of those involved and take action against them.
Taking note of the complaints of “gross injustice” being meted out to members of reserved categories
also in appointment of non-teaching posts at Delhi University, the panel sought for a fact-finding
committee and submit an action taken report with it in three months. Out of a total strength of 264
posts of professors in Delhi University as on April 2015, only three have been filled up with SC
candidates. Not a single professor appointed to the post belongs to the SC, the committee, headed by
BJP MP and former Union minister Faggan Singh Kulaste, noted in its report. While only seven
candidates belonging to SC have been appointed as assistant professor in Delhi colleges out of a
total strength of 271 posts for all categories, the number of those appointed under the reserved
category of ST is just one. (Deccan Herald 21/12/15)
RSS chief’s comment on quotas in context of Patel stir, says Minister (25)
NEW DELHI: Defending RSS chief Mohan Bhagwat’s controversial remark on reservation, India’s
Social Justice and Empowerment Minister Thaawar Chand Gehlot said on Tuesday that the remark
was made strictly in response to the Patel agitation for reservations in Gujarat. In an exclusive
interview with The Hindu, Mr. Gehlot said: “People ignored the context in which he said this and some
linked it with the Bihar elections and launched false propaganda. He had said in the context of the
Patel agitation in Gujarat that Scheduled Castes and Scheduled Tribes are getting quotas and in
relation to the new demand the government should think about how it should discuss and debate it.”
Mr. Gehlot’s ministry’s mandate is to look into issues concerning the Scheduled Castes, Scheduled
Tribes and Other Backward Classes, who are all beneficiaries of reservations in employment and
education. “Even recently he (Mr. Bhagwat) said that till the purpose for which reservations were put
in place is not fulfilled, reservation should continue. As there were elections in Bihar, people mounted
false propaganda on the statement for electoral gains. The government clarified at that time itself that
it supports reservations for SCs, STs and OBCs,” he added. Speaking on the key schemes of his
ministry, Mr. Gehlot said the govt. was working to rehabilitate manual scavengers, who are being
given Rs. 40,000 and being imparted training move to other professions. He also said that under a
Sugamya Bharat Yojana (Accessible India) launched early in Dec., 100 public buildings each in 50 big
cities would be fitted with lifts, ramps and railings, disabled-friendly toilets, etc. (The Hindu 23/12/15)
Parliamentary Panel Asks MHA to Increase Women in Delhi Police to 33 Percent (25)
NEW DELHI: A parliamentary panel has found that women personnel constitute only a little over 9 per
cent of the Delhi Police force and asked the Home Ministry to ensure that their numbers are
enhanced and reaches up to 33 per cent. The department related parliamentary standing committee
on Home Affairs said that the set objective of enhancing the representation of the women in Delhi
Police to 33 per cent should be achieved within a time-frame. "The committee notes that as on date,
the representation of women in Delhi Police is 9.27 per cent only. "However, on March 20, 2015,
Government of India has approved reservation of 33 per cent for women horizontally and in each
category (SC, ST, OBC and others) in direct recruitment in non-gazetted posts from constable to sub-
inspector in the police forces of all Union Territories, including Delhi Police," the Committee observed.
The panel noted the steps taken by Delhi Police in the post December, 2012, Delhi gangrape phase
to curb crimes against women, including instilling confidence in girls through various gender
sensitisation programmes and propagating fear of the law among sexual offenders. "However, the
incidents of crimes against women have a disheartening trend, be it incident of recent murder case of
Anand Parvat or alleged molestation of American citizen. The Committee, therefore, feels that there is
a need for sensitisation programmes on behaviour towards women," it said. The Standing Committee,
meanwhile, also said that Delhi Police must ensure, through the education department of Delhi
government, that all schools designate one teacher as road safety coordinator so that regular road
safety programmes are organised for raising awareness among children in this regard. (New Indian
Express 27/12/15)
Form Body to Ensure Job Quota, MK Urges Modi (25)
CHENNAI: Dravida Munnetra Kazhagam supremo M Karunanidhi has urged Prime Minister Narendra
Modi to set up a monitoring body to oversee and ensure that jobs in the Central Government services
are allotted as per existing reservation norms. The DMK chief also demanded an amendment of the
existing reservation laws to eliminate the ‘creamy layer’ norm. The media has recently reported that
less than 12 per cent of Central Government jobs were held by Other Backward Classes (OBCs)
despite the Mandal Commission recommendations that were made 20 years ago. Karunanidhi said
measures had to be taken to make sure that reservations in Central Government jobs were
implemented according to existing quotas. “A monitoring body should be set up to ensure that job
appointments under the Union government services are made in accordance with the quota
earmarked for reserved categories,” he said in his statement, adding that the discriminatory ‘creamy
layer’ norm has to be done away with. “It is surprising and shocking. It is a betrayal and makes it very
clear that only a very low percentage of (reserved categories) got jobs,” he said. Reiterating his
party’s stance of having consistently opposed the notion of a creamy layer in reservations, the former
chief minister said that the Central Government should release a white paper on the jobs given so far
for those from backward classes, Scheduled Castes and Scheduled Tribes (SCs & STs) department-
wise while also demanding that backlog vacancies be filled through a special examination and
through appointment drives. (New Indian Expressa 28/12/15)