RESERVATION – 2009

(January to December, 2009)

Compiled By
K. SAMU
Human Rights Documentation,
Indian Social Institute, Lodi Road, New Delhi, India

Inclusion of communities in Scheduled Castes list opposed (25)

GULBARGA: The Karnataka Rajya Asprusha Samaj Mahasabha has decided to file a writ petition in the
Karnataka High Court against the inclusion of communities such as Banjara, Lambanis, Oddars, Koncha
and Korava in the Scheduled Castes list “depriving the communities that were earlier considered
untouchable, of reservation opportunities”. Mahasabha president Shivaram Moga and general secretary
Shankar Kodla told The Hindu here on Sunday that the former Bihar Governor Rama Jois and lawyer
Subramanya Jois had agreed to take up the case in a judicial forum on behalf of the mahasabha. The writ
petition would be filed next week challenging the government notifications that had ordered the inclusion
of these communities in the Scheduled Castes list three decades ago. Mr. Moga said the “touchable”
communities that were included in the list by then Chief Minister Devaraj Urs deprived the “untouchables”
in the Scheduled Castes list of their due share of reservation in job opportunities. Communities such as
Lambanis, Banjara and Oddars that were included in the Scheduled Castes list in Karnataka did not find a
place in the list in other States, he said. Mr. Moga said the Constitution provided reservation for the
Scheduled Castes in an effort to provide special facilities to the “untouchable” communities which had
suffered for several centuries owing to the caste system. Including the “touchable communities” in the
Scheduled Castes list would defeat the purpose of providing reservation, he said. (Hindu 2/1/09)

Equality Forum demands abolition of quota (25)

Bhubaneswar: A collective reservation policy, in fact, would not be helpful in establishing social justice,
which has been proved during the last 60 years. Instead of uplifting economically and educationally
backward classes, including scheduled castes and schedule tribes, the reservation policy has long been
used as a tool of vote-bank politics. Moreover, it has been detrimental to the society, disrupting unity in
diversity and creating sectarian conflicts. This was viewed by the president of the State unit of the All
India Equality Forum, Bhagirathi Mahasuar, in a statement here on Saturday. Coming down on the
differences of opinions for including Kaibartas and other similar castes under the scheduled caste
category, Mahasuar said the reservation system has not only given equal status to the Kaibartas with that
of the dalits, but some real Adivasis have been excluded from the Dalit list too. Even as it has been
explicitly mentioned in the OBC list that a Harijan after conversion would treated under OBC category,
many violations are prevalent now and then, he said. (Pioneer 5/1/09)

Women reservation Bill unlikely to be passed by current LS (25)

New Delhi: The much-touted Bill to provide 33 per cent quota to women for seats in Parliament and State
assemblies is unlikely to be passed during the term of the present Lok Sabha which comes to an end in a
few months. This became clear with the Parliamentary Standing Committee getting the third extension to
complete its task of scrutinising the Women's Reservation Bill. The Committee headed by senior
Congress MP E M Sudarshana Natchiappan has been given the latest extension till the end of the next
session of Parliament which is likely to commence sometime in February. The Committee, to which the
Bill was referred in May last year, got two extensions -- the last being till the end of the Monsoon session
of Parliament which went on till December 23. "Rajya Sabha Chairman has granted further extension to
the Committee till the end of the next session of Parliament for presentation of report on the Bill," the
Rajya Sabha Secretariat said. The passage of the Bill involves certain technicalities as it is a Constitution
amendment Bill. Besides the requirement of Parliament passing the Constitutional amendment Bill with
two-third majority, the measure would have to go to State legislatures as at least 50 per cent of the State
legislatures are needed to ratify it. Keen on securing a consensus on the Bill, Natchiappan said the
Committee would visit some more States to hold wider consultations with political parties on the issue.
(Pioneer 6/1/09)
Sub-categorisation of Dalits: Centre may let states decide (25)
NEW DELHI: In a highly sensitive move, the Centre may constitutionally empower states to create sub-
categories among Dalits with a separate quota for each of them. It is learnt that social justice ministry is
mulling a proposal to amend the Constitution to permit the states on what is technically known as "sub-
categorisation". Hemmed in by its political compulsion to allow the demand made by Andhra Pradesh and
the sensitivity of doing what is also seen as anti-Dalit, Centre may be looking at a new way to achieve its
objective. Social justice ministry is looking to allow states to sub-categorise, if they wish, and limit the
move to reservations in jobs and education at state level. Such a move would make the Centre only a
facilitator while the final responsibility for such action on dividing SCs into sub-groups would rest with
individual states. The Supreme Court had earlier held that tampering with the SC list was beyond the
powers of states. It remains to be seen if the Union Cabinet agrees to the proposal as and when it is
finalised. Sources said the states have not been consulted on the move and it would draw criticism from
certain quarters. Issue of sub-categorisation revolves around the argument that a few sub-castes among
SCs have cornered the fruits of reservation, stalling an equitable distribution of the benefits. To undo the
'ill', Andhra Pradesh divided SCs among groups and apportioned the 15% quota among them 'to ensure
that all of them benefit'. It was first struck down by the AP high court and then by the apex court. The
issue has become controversial because it is also seen as an attempt to break the political consolidation
of Dalits by turning them into competing blocs. While states are barred from sub-categorisation on
jurisdictional grounds, as the SC list can be tampered only by the President, the National Commission for
SCs seems to have paved the way for such a move. In an ingenious argument, the Buta Singh-led panel
has told the ministry that sub-categorisation is an affirmative action policy for the development of the
backward classes, which has a constitutional mandate. In its opinion, the Dalit watchdog has claimed that
sub-categorisation is governed by Article 16(4) — which empowers states to formulate policies for
'equality in opportunities' — and not by Article 341 which deals with addition and deletion in the SC list.
The NCSC view threatens to turn the issue on its head as till now, it has been well accepted that dividing
Dalits into sub-groups was governed by Article 341 which is the exclusive domain of the President,
requiring a constitutional amendment. (Times of India 11/1/09)

Reservation benefits state-specific: HC (25)

CHENNAI: A migrant can claim reservation benefits under a particular category only if his caste fell within
the reserved category in his home state as well as in the state to which he migrates, the Madras High
Court has ruled. A division bench comprising justice Elipe Dharma Rao and justice S Tamilvanan,
passing orders on a writ petition recently, said that even if the name of the caste was one and the same in
both the states, the beneficiary could claim benefits only if the caste was declared as OBC or SC/ST in
both the states. "Even if the nomenclature of the caste is the same in both the states, only if the caste to
which the beneficiary belongs to in that particular state is declared as SC/ST and the same is declared as
SC/ST in the state to which he migrates also, can a person claim the status of SC/ST in the migrated
state," the judges observed. The petitioner R Venu, opposing denial of ST certificate to his son,
contended that the community Ganaka, known as Kani or Kaniyan, is a notified OBC community in
Kerala. But Kaniyan community is included in the ST list in Tamil Nadu. Noting that place of birth is
immaterial for the purpose of determination of caste, he said the place where the parents of the applicant
ordinarily reside' should alone be the criterion. Rejecting the submission, the judges said Venu, who had
migrated from Kerala, should make way for the disadvantaged and disabled communities in Tamil Nadu.
Pointing out that the Supreme Court ruling on a similar matter passed on distinguishable set of facts, they
said the principle applicable for declaration of SC/ST depends on the nature and extent of disadvantages
and social hardships suffered by that group in that state, and not on the ground of having ordinary
residence or domicile. (TIMES OF India 13/1/09)

Governor writes to President on quota Bill (25)

JAIPUR: Unlike in the past when he chose to refer the controversial Freedom of Religion Bill, passed by
the then BJP Government here, to President Pratibha Patil, Rajasthan Governor Shailendra Kumar Singh
has taken a more diplomatic stance on the contentious Bill passed by the State Assembly in 2007 to
provide five per cent reservation to Gujjars and three other nomadic communities by writing to her. The
copies of the letter, written in the third week of December, have been sent to the Prime Minister, the
Union Home Ministry and the Union Law and Justice Ministry as well. The reservation Bill, passed
unanimously by the Rajasthan Assembly on July 16, also provides for a 14 per cent quota to
economically backward among the forward castes. Mr. Singh, who held extensive consultations with
experts within the State and outside on the Bill, has been apprehensive of its tenability from the outset.
Rajasthan at present provides 49 per cent reservation to Scheduled Castes, Scheduled Tribes and
backward communities. With the current quota, the total would exceed 50 per cent, the upper ceiling
stipulated by the Supreme Court for reservations. The move by the otherwise “strong-willed” Governor,
who does not fight shy of expressing his viewpoint on issues, apparently comes in the wake of repeated
pleas by Kirori Singh Bainsla, the leader of the Gujjar Arakshan Sangarsh Samiti, to Mr. Singh to clear the
Bill. Col. (Retd) Bainsla, pressed against the wall, has also been threatening to revive the Gujjar
community’s agitation for Scheduled Tribe status. The Governor’s letter to the President talks about the
legal opinion received by him on the issue and also mentions Col. Bainsla’s “desperation”. Raj Bhavan
sources here hinted that the letter was to apprise the President of the situation as Col. Bainsla, whenever
he met the Governor in the past, pleaded his “helplessness” in the face of the wrath of his own community
for failing to achieve anything after “sacrificing” so many lives in the agitation during May-June in 2007
and 2008. The rather “resolute” stance on the reservation Bill by Mr. Singh had brought him enough
criticism in the past as well when the Ministers in the previous BJP Government accused the Governor of
holding up clearance of the Bill for “political reasons”. The BJP, now in the Opposition, had also boycotted
the Governor’s address in the Rajasthan Assembly on January 2 protesting against his withholding of the
Bill. (The Hindu 13/1/09)

SC quota: Ex DDA staffer got 38 flats (25)

New delhi : With the arrest of former DDA employee M L Gautam (64) on Thursday, the economic
offences wing (EOW) of Delhi Police claims it has got hold of the brain behind the DDA housing scam.
Reportedly also under the scanner is another retired DDA employee, of commissioner rank, who is said to
be absconding. According to the police, Gautam filed as many as 1,200 applications under the SC
category, using forged documents of applicants mostly hailing from Bulandshahr in Uttar Pradesh. Police
seized a visiting card from Gautam in which he claimed to be a DDA consultant, an identity he had been
using ever since his retirement from the DDA telephone exchange department in 2004. Gautam had an
office at Milansar Apartment in Paschim Vihar and lived in another flat in the same locality. Several
documents suggesting that the entire DDA scheme was hijacked by the property dealers with Gautam's
help were also seized. Based on Gautam and accused Deepak Kumar's statements, police also arrested
Rajuram (30), a Dwarka-based property dealer, on Thursday. "Rajuram had given Rs 9 lakh in cash to
Deepak and Gautam to apply in the scheme and with that money used to procure bank loans, nearly 150
forms were submitted under the reserved category," said additional CP (EOW) SBK Singh. All three were
jointly interrogated by the police and reportedly confessed to their crime. The police have also found that
out of the 1,200 forms submitted by Gautam under the SC category, 38 flats were allotted to him. Gautam
also revealed the name of several others who were involved. "He trained seven or eight men at his office
in Paschim Vihar for several months and we are trying to trace them. Gautam's mobile number is also
being scanned for more leads," said a senior police officer. Meanwhile, Deepak told the police that he
received the money from Rajuram on October 15, a day before the last date of submission of DDA forms.
Deepak and Gautam gave two cheques of Rs 4.5 lakh each as security to Rajuram, which police have
seized. "Since Deepak was working as a direct sales agent of two banks, he might have got the cheques
from someone. We are trying to establish whose cheques were used to pay Rajuram," said a senior
police officer of EOW. Investigations have also revealed that absconding accused Suresh Kumar Meena
invested Rs 30 lakh in the scam, which he got after selling his flat in Rohini. Another dealer, Vijay,
invested as well. Sources claimed that around Rs 65-70 lakh were put in for the purpose of procuring
bank loans by the scamsters who submitted 1,400 forms under the reserve category. Meanwhile,
policemen camping in Jhunjhunu in Rajasthan returned to Delhi on Thursday and said they had
unearthed several incriminating documents at the instance of Laxmi Narayan Meena. The seven
successful allottees in Jhunjhunu have also stated to the police that after the DDA draw result, Suresh
Meena and Laxmi Narayan came to their homes and took away documents signed by them. The police
said the role of other DDA officials was also under the scanner and they were examining the application
forms seized from the accused and trying to ascertain whether the scamsters tried to apply through the
general category as well. The forensic report on the software used in the DDA draw is awaited. A telefax
number 011-26851999 is also being operated by the police to help the public inform them in case their
details or documents have been misused. Gautam and Kumar were known to each other as they were
both residents of Paschim Vihar and met during morning walks. "Gautam apparently told Deepak it was
wiser to apply in the reserved category. He also advised him to apply specifically in the ST category as
chances of getting flats that way were high. He also promised to help as he knew a lot of people in DDA,"
a senior police official said. (Times of India 15/1/09)

SC/ST rights marooned at Mumbai varsity: teachers union (25)

Mumbai: A memorandum presented by the Bombay University and College Teachers Union to the
National Commission for Scheduled Castes and Scheduled Tribes raises serious concerns over the
University of Mumbai’s “appalling indifference” to the rights of the weaker sections. Be it providing
accommodation, representation, filling vacant posts or making provisions for the SC/ST as per
constitutional directives, its report card is abysmal, says the nine-point memorandum. “Despite generous
grants received from the Central and State governments during its sesquicentennial year and despite
repeated demands made by the teacher senators during 2005-06, the university has failed to build a
single hostel for the SC/ST students.” Lack of accommodation for poor SC/ST students, especially for
those who come from the tribal areas of Thane district to seek education in the “prestigious” university,
results in their dropping out, says the memorandum. The mandate of “special provisions” stipulated in
Section 5 (53) of the Maharashtra Universities Act, 1994, has become a “casualty” at the university. The
“near absence of remedial classes” and “inadequate awareness” of the Rajiv Gandhi National Fellowship
Scheme have denied students their entitlement. Countering, Vice-Chancellor Vijay Khole said the union
would keep making demands. “The university is 100 per cent sensitive to government stipulations and is
bound to implement them.” And yet, when a commission team visited the campus recently, neither the
Vice-Chancellor nor the Pro Vice-Chancellor met it, as the union swung into action to place the issues
before the commission. Refuting allegations of apathy, Dr. Khole said he had been out of town for a
meeting and had expressed his desire to visit the commission in Delhi. “Mr. Khole was in Goa. He spoke
to me on the phone, apologised for not being there and said that he would be open to visiting Delhi to
meet the commission,” said its Vice-Chairman N.D. Kamble. On the low proportion of SC/ST students and
teachers in the university and its colleges, the memorandum points out: “The proportion of SC/ST
students in colleges affiliated to university was only 8 per cent in 2001 as compared to the State average
of 15 per cent.”Professor B.R. Salve of the union says the recently held Senate elections were an eye-
opener. Not a single ST representative could be found.For, the memorandum states, “as on 2007-08
there was not a single postgraduate teacher recruited from the ST category in the university
departments.” The reserved seat for the ST candidate in the Senate is vacant, resulting in the community
going potentially unrepresented. In fact, in educational institutions all over the State, the voice of the
weaker sections in the Senate is muffled by the Universities Act itself.For instance, as per Section 25 (2)
(l) of the Act, out of 18 college principals in the Senate, only one seat is reserved for all the weaker
categories put together .This works out to 5.5 per cent of reserved seats as opposed to the 50 per cent
reservation (The Hindu 19/1/09)

Just for sops: SC, ST, OBC in 1 Orissa family (25)

SONEPUR: In Orissa, which was hit by a wave of communal violence in the recent months, a family
claims to have found the perfect route to peace and harmony. Chiranjeevi Beriha's family in Sonepur
district has three members who belong to three different castes, only the `ethnic harmony' is a smoke
screen to garner benefits from the State. Beriha, a Congress activist, belongs to OBC. His elder son
Sankarshan has a Scheduled Tribe tag and his younger son Tribikram is a Scheduled Caste member.
According to the Zilla Adivasi Kalyan Sangha, which has blown the family's cover, Sankarshan became a
government teacher after allegedly obtaining a fake ST caste certificate. Tribrikam is suspected to have
obtained a fake SC certificate to get a `sikshya sahayak' (teaching assistant) job. Sangha sources said
Chiranjeevi Beriha belongs to Odia, a caste listed on the OBC list. This is mentioned in his voter identity
card and land documents. School documents of Sankarshan shows he too belongs to Odia caste. But
while taking admission in the Secondary Training School in Sonepur, he submitted a fake caste certificate
showing himself as Sahara tribe. Sankarshan is head master of a primary school in Saharapali village in
Sonepur district. Tribrikram too acquired a fake caste certificate in 1991 showing himself as Keuta caste
(fisherman community) which is listed under the SC list. He works at San Jhinki primary school near
Sonepur. The Sangha has objected to a single family availing the benefits of SC and ST. Its president
Jogendra Bhoi said it is a "mockery of the government's reservation policy'' to uplift the living standards
and social status of SCs and STs. "What is the use of a quota system if non-SCs and non-STs enjoy
benefits meant for SCs and STs? It is really sad that members of the same family have got government
jobs by showing fake caste certificates,'' Bhoi said. The Sangha, he said, would write to Sonepur collector
and SP and demand stern action. Chiranjeevi Beriha declined to comment. (Times of India 19/1/09)

Social status should be only criteria for reservation: (25)

Chennai, January 21, 2009: Rejecting the creamy layer argument on reservation for OBCs, the Tamil
Nadu government on Wednesday asked the Centre to take all necessary steps to make social
backwardness the sole deciding factor. Delivering his customary address to the state assembly, which
was boycotted by AIADMK, MDMK and the Left parties, Tamil Nadu Governor Surjit Singh Barnala said
"this government urges the UPA government to take all necessary steps to ensure that social
backwardness is the sole criterion for reservation, so that, irrespective of economic status (creamy layer),
everyone belonging to the backward communities is able to enjoy the benefits of reservation." He also
asked the Centre to declare Dalit Christians as Scheduled Caste and concede their demand in this
regard. Barnala said "in addition, this government also requests the Union Government to consider the
recommendations of the Justice Ranganath Mishra Commission to provide reservation for backward
Muslims at the national level and make necessary announcement in this regard".On the Sri Lanka Tamils
issue, Barnala urged the Centre to take appropriate alternative measures like dialogue without any further
delay, so as to establish peace and protect Sri Lanka Tamils, who were suffering every day, having been
deprived of safety to their lives and property and the right to live in their own land. (Hindustan Times
22/1/09)

OBCs plan drive against quota for Marathas (25)

Pune, January 21, 2009: One of the fronts of the Other Backward Castes (OBC) has opposed the
demand to include the Maratha community in the reserved category, saying the community is well
established in society. Members of OBC Sangharsha Samiti have decided to go on a statewide campaign
to gain support. The members will meet on Wednesday in Pune to draw the campaign plan. The
campaign, planned ahead of general elections, may be an additional obstacle for the Congress-National
Congress Party government, as Maratha outfits have been staging agitations demanding inclusion of the
community in OBC category. The Samiti’s leader Krishnakant Kudale is a staunch supporter of Deputy
Chief Minister Chhagan Bhujbal, an OBC himself. “It is hardly a period of 15 years since the deprived
class has been getting benefits of reservation and their interests would be affected if progressive and
established communities (like Maratha) are included in the list for reservation,” said Kudale. He said the
Maratha community was dominant in all walks of life. Kudale has demanded the implementation of Bapat
Committee recommendations that had ruled out reservation for Marathas. Vinayak Mete of the Maratha
Samnvay Samiti is on a statewide tour to gather support for including Marathas in the OBC category.
(Hindustan Times 22/1/09)

Inclusion of Dalit Christians in SC list sought (25)

CHENNAI: The State Government on Wednesday urged the Centre to include the Adi Dravidas following
Christianity in the list of Scheduled Castes as in the case of Adi Dravidars following Hinduism and
Buddhism. Addressing the Assembly, Governor Surjit Singh Barnala said it was a long-pending demand
of the Adi Dravidas following Christianity and the Centre should come forward to fulfil this demand. The
Governor requested the Centre to consider the recommendations of the Justice Ranganath Mishra
Commission to provide reservation for backward Muslims at the national level and make an
announcement in this regard. He urged the Centre to ensure that social backwardness was the sole
criterion for reservation. (New Indian Express 23/1/09)

STs seek 12% reservation in Goa assembly (25)

PANAJI: A 12% reservation in the Goa assembly and the formation of the Scheduled Tribes (ST)
Commission with powers of a civil court, are some of the demands of the United Tribals Associations
Alliance (UTAA). A delegation of UTAA demanded this of the state and Central government jointly. It was
led by UTAA president Prakash Velip and former cabinet minister Govind Gaude, president of the
Madkaim Block Congress Committee and joint convenor of the ST andolan. The UTAA memorandum has
demanded 12% political reservation in the Goa assembly and 12% budgetary provisions for tribals. The
delegation has also demanded that an ST Commission be set up with all the powers of a civil court. The
memorandum has asked for the implementation of the Tribal Forest Act and for the post-based roster in
government/semi fovernment organizations, autonomous bodies and private sectors. The delegation has
asked for simplifications of the procedure for caste certificates. Other members of the delegation included
Gokuldas Mangueshkar, Reena G Gaude, Durgas Gaude, Umesh Gaude, Gurudas Gaude, Manohar
Akarkar and Satish Velip. The delegation also submitted the memorandum to Shantaram Naik, Rajya
Sabha MP, at his residence on Sunday calling for his help for the ST community of Goa to get their
constitutional rights. The delegation is also set to meet Congress president Sonia Gandhi with Naik's
help. The MP has assured them that he will take up the issue with the state government. (Times of India
26/1/09)

Faculty quota: IIMs, IITs to be exempted (25)

New Delhi: Jan. 28: The Central government has decided to exempt 47 premier higher educational
institutions in the country from reserving in their faculty positions for Scheduled Castes and Scheduled
Tribes. All existing IITs, IIMs, NITs and universities like Delhi University, Aligarh Muslim University,
Benaras Hindu University, Allahabad University, Visvabharati University and AIIMS have been exempted
from making reservations in faculty positions. The Scheduled Castes and the Scheduled Tribes
(Reservation in Posts and Services) Bill, 2008, has declared these higher educational institutes as
centres of excellence and exempted them from making reservations in faculty positions. Though the bill
has been passed by the Lok Sabha in the last session of Parliament, it could not go through the Rajya
Sabha due to lack of time. The bill, introduced by the Department of Personnel and Training, will now be
tabled in the Upper House in the upcoming session of Parliament. HRD secretary (higher education) R.P.
Agrawal has confirmed the proposal made in the bill. "There is a provision in the bill that institutions of
excellence will get exemption from implementation of reservation. Once the bill is passed, there will be no
reservation in faculty," stated Mr Agrawal. The provision in the bill assumes significance as the
government had earlier decided to implement OBC quotas in faculty in the IITs, a move opposed by the
IIT directors. The IITs had earlier written to the HRD ministry saying that reservation in the faculty will
reduce the standard of education. Official sources stated that several IIT directors and heads of various
universities had been opposing the government’s stand on continued reservation in faculty positions and
wanted these institutes to be exempt from making such reservations. "The heads of these premier
institutes had expressed that merit should be the sole criteria for selection to faculty positions in these
institutes," sources added. "There shall be no reservation where appointments are made to posts higher
than the lowest grade of group ‘A’ posts in institutions of national importance," states the bill. The bill also
says that there shall be no reservation in appointments made for a period less than 45 days. (Asian Age
29/1/09)

OBC leaders meet Bhujbal (20)

Mumbai, February 01, 2009 : A day before the rally of Maratha leaders to up the ante for reservations,
backward class leaders met came together to make their stance on reservations clear. A delegation of
backward class leaders across party lines met Deputy Chief Minister Chhagan Bhujbal at the state
guesthouse Sahyadri on Saturday. They said reservations demanded by Marathas cannot be included in
the Other Backward Class quota. The issue is tricky and can potentially divide the state especially since
backward communities are opposed to their inclusion. “We have fought for decades to get OBC
reservations. Kunbi community, a part of Marathas have been included in OBC quota. Do the rest really
deserve reservation?” asked a member of the delegation. “I have assured them that the government will
tread cautiously on the reservation issue,” said Bhujbal. (Hindustan Times 1/2/09)

Marathas demand reservation at rally (25)

MUMBAI: With the Lok Sabha elections around the corner, the state seems to be heading towards a
caste war. About a dozen organisations of Marathas organised a massive rally at Shivaji Park on
Sunday, demanding reservation in government jobs and educational institutions as was being done for
backward castes. The chief sponsor of the rally was Vinayakrao Mete of Shiv Sangram, a militant
organisation. Sources said the rally had the tacit backing of NCP chief Sharad Pawar who is keen on
garnering the support of the Maratha community, which forms over 30% of the population, during the
elections. Mete is close to him and the rally is apparently aimed at ensuring that the Maratha votes go en
masse to the NCP and not to the Congress, said sources. The recent statement made by the CM, who
belongs to the Congress, that he will not order the reservation " under pressure,'' has caused
considerable damage to his party. The Marathas demand has caused considerable consternation among
the OBCs. Deputy chief minister Chhagan Bhujbal, who belongs to the Mali community, has already
stated that the reservation of seats for upper caste Marathas should not be at the cost of the OBCs.
Prakash Ambedkar, RPI leader and grandson of Dr Babasaheb Ambedkar, has told the Marathas to get
themselves declared as a scheduled caste instead of merely as a backward caste. The Shiv Sena, whose
executive president Uddhav Thackeray is getting a huge response in rural areas, has accused the ruling
Congress-NCP combine of using the caste card with a view to divide the electorate. "The DF government
of the Congress and the NCP have nothing to show to the people in terms of achievement in the past five
years,'' Uddhav said. Meanwhile, the police fear caste clashes in the run-up to the polls. (Times of India
2/2/09)

Dalits create ruckus in AP House (25)

Hyderabad: Dalit activists of the Madiga Reservation Porata Samithi (MRPS) raised a ruckus in the
Andhra Pradesh Assembly on Wednesday by scaling its building and locking themselves up in ministers'
chambers forcing the police to break the doors and arrest the miscreants. The protests came after the
Assembly was adjourned for the day and when no minister was present in the chambers. The protesters,
about 40 in all, were demanding Chief Minister Y S Rajasekhara Reddy to immediately leave for Delhi to
convince the party leadership to introduce a bill in the ongoing Parliament session to categorise the
Scheduled Castes (SC) on the lines of the BC categorisation to avail reservation benefits. The police said
the protesters apparently got inside the high-security Assembly building with the help of visitor passes
and managed to find their way to the top of the building. Raising slogans against the chief minister for not
fulfilling the promise he gave to them, they threatened to throw themselves down from the building if no
assurance was forthcoming from the chief minister. The protesters divided themselves in to four groups.
While one group climbed to the top of the building, three groups took over chambers of three ministers.
The police broke down doors of some chambers while using the ventilators to gain access to the
chambers. After a couple of hours of tension, all the protesters were arrested. (Deccan Herald 5/2/09)

No idea on faculty quota exemption bill: HRD Ministry (25)

New Delhi : The legislation to do away with faculty reservation in IITs, IIMs and a clutch of 47 institutes of
excellence seems to be getting embroiled in confusion and controversy -- although it has been introduced
in Parliament. The Scheduled Castes and the Scheduled Tribes (Reservation in posts and services) Bill,
2008, which lists the "institutes of national importance" to be exempted from reservations in posts, was
moved by the Department of Personnel & Training (DoPT) in the Rajya Sabha in December 2008. The
Human Resource Development (HRD) Ministry, however, on Wednesday said the legislation was a DoPT
move and that it had no idea about it. The ministry added that as far as it was concerned the legislation
was pending comments from the PMO. "We had written to the PM on this issue and asked us to help us
with his guidance on it sometime in October last year even before the Bill was tabled. However, we have
not yet got any response," said Minister of State for Higher Education D Purandeshwari at the All India
Editors' Conference on Social Sector issues. At the same conference, Minister for Social Justice and
Empowerment Meira Kumar said no final decision has been taken on the exemption and that she had
taken up the issue with HRD Minister Arjun Singh. IITs have been strongly opposing reservations in
faculty, asserting that the move would compromise quality and increase vacancies in the premier
institutes that are already facing faculty shortage. The HRD ministry had passed the orders for
reservations in IIT faculty in June 2008. The IIT directors had then collectively taken up the matter with
the ministry, opposing the move. The matter for making provision of 15 per cent, 7.5 per cent and 27 per
cent reservation for SCs, STs and OBCs respectively in all the streams of IITs in recruitment to the posts
of Assistant Professors and below was referred to the PMO in August 2008. While the ministry claims it
has not heard any further from the PMO on the issue, the DoPT moved its Bill for SC/ST reservation and
is set to introduce another legislation exempting the institutes from OBC quota as well. THE HRD ministry
on Wednesday said it would not intervene on the issue of the Uttar Pradesh Board of Madrassa
Education banning co-education in madrasas across the state, saying it was a "state subject". (Indian
Express 6/1/09)

Bill seeking 80% reservation for local people still pending (25)
GANGTOK, Feb 8 – A bill to woo voters ahead of the assembly elections in Sikkim seeking 80 per cent
employment for local people is still pending with the President after the former governor did not give
assent to it and referred it to her. The bill is still pending with the President for consideration, Assembly
Secretariat officials confirmed to PTI. The then governor Sudarshan Agarwal had referred the bill to the
President for consideration about six months ago.Exercising his discretionary powers, Agrawal chose not
not to dispose of the Sikkim Promotion of Local Employment Bill (Bill No. 18 of 2008) after having refused
to give his assent to an identical bill (bill no. 9 of 2008) which had proposed to reserve 95 employment for
the locals. He stated that it was in contravention of Articles 14, 15 and 19(1) (g) of the Constitution and
the guidelines laid down by the Supreme Court with regard to the upper limit prescribed for the purpose of
reservation. The former governor, whose tenure came to an end in July last year, forwarded the bill to the
President for her consideration under Clause 2 of Article 254 of the constitution before demitting office.
The proposal to reserve a significantly high percentage of employment opportunities for the Sikkimese
people had appeared to have become a matter of prestige for the Chamling government after it was
forced to withdraw the legislation for 95 per cent reservation of employment for locals on the floor of the
house last year when it was not approved by the then governor. The state government, however, wasted
no time and came up with a new draft legislation seeking to reserve 80 per cent employment for the local
people and introduced it during another session of the state assembly and got it passed by the members
unanimously by a voice vote. The proposed bill on promotion of local employment had proposed to
percolate the benefits of reservation in employment to all sections of the society in Sikkim. It proposed to
reserve employment at 10 per cent each for the wards of the traders/old settlers and the floating
population, besides seeking to reserve 80 per cent employment strictly for locals having the Sikkim
Subject Certificate or the Certificate of Identification. – PTI (Assam Tribune 9/2/09)

Govt extends income limit for OBCs (25)

Bhubaneswar: There is good news for Other Backward Classes (OBCs) in the State. The State
Government has extended the income limit for OBCs so that more persons can avail Government jobs
under the OBC category. Earlier the income limit was Rs 2.5 lakh. Those whose income exceeded the Rs
2.5 lakh slab were unable to get jobs as they came under creamy layer. Now the income slab has been
extended to Rs 4.5 lakh instead of Rs 2.5 lakh. In response to a question of BJD member Ranendra
Pratap Swain, SC and ST Minister Chaitanya Prasad Majhi said following a notification on this issue by
the Centre on October 14, 2008, the State Government has communicated the revision of income limit to
all concerned officials on January 15. Meanwhile, the Governor also gave its assent to the Orissa
Reservation of Posts and Services (For Socially and Educationally Backward Classes) Bill, 2008.
(Pioneer 11/2/09)

Quota Bill: women’s groups to march to Parliament (25)

NEW DELHI: To express their deep sense of ‘betrayal’ over the non-passage of the Women’s
Reservation Bill in the 14th Lok Sabha and to reiterate their demand for 33 per cent reservation in
Parliament and State Assemblies, women’s groups will march to Parliament when the new session meets
on Thursday. The solemn assurance that was given in the national common minimum programme has
not been honoured and a historic opportunity to strengthen the democratic character of Parliament and
State legislatures has been lost, representatives of a broad alliance of 22 women’s organisations said
here on Wednesday. The women’s groups will submit a memorandum to the Rajya Sabha Chairman, the
Lok Sabha Speaker and the chairperson of the Parliamentary Standing Committee on Women’s
Reservation Bill, urging them not to make any move to dilute the Bill in the name of consensus. The Bill
was tabled in the Rajya Sabha and referred to a Parliamentary Standing Committee. However, the
Committee has not yet submitted its report.(The Hindu 9\2/09)

SC declines to entertain PIL by eunuch for quota in Parl (25)

New Delhi: The Supreme Court on Monday declined to entertain a petition seeking a direction to the
Centre to provide reservation of seats in Parliament and State Assemblies for eunuchs. The apex court
said that the issues raised in the PIL filed by Sonam Singh, a eunuch from Rajasthan, can be taken up at
the Government level. "We cannot give directions on your prayers," a Bench comprising Chief Justice K G
Balakrishnan and Justice P Sathasivam said referring to PIL in which directions had been sought for their
(eunuchs') education, social and political rehabilitation. The Bench also said that it was required on the
part of the petitioner to first approach the government with the grievances. "You must show you have
gone to the government," the Bench said when Sonam's counsel Santosh Kumar Tripathi explained the
plight of the transgender community, whose interests have been neglected by successive governments.
"In the past 60 years not a single question has been raised in Parliament with regard to development of
the group (eunuchs). They are also paying tax but there is no employment for them," the counsel said
adding that a majority of them depend on begging for earning a living. (Indian Express 17/2/09)

Despite controversies, education gets a fillip (25)

New Delhi, February 16, 2009: It was in 1950 that the first IIT in the country was set up in Kharagpur. And
it took eight years before the next one came up in Bombay (1958). In all, the seven IITs came into being
in over a span of 50 years. But in what can be termed as a quantum leap for the IITs and opportunity for
students seeking world-class technical education, the government started six new IITs in just one single
year — 2008-09. Though mired in bitter controversies that lead to agitations like on OBC quota in central
educational institutions, the ministry of human resources development, in the last five years, was able to
provide the much needed financial impetus to elementary, secondary, higher and technical education.
Taking Sarva Shiksha Abhiyan (SSA), a mission programme to provide quality elementary education to
children in 6-14 year age group, allocations that were standing at Rs 2,732 crore in 2003-04 saw a
multifold increase at Rs 13,100 in 2008-09 budget. Same with other programmes like mid-day meal,
which has been extended to the upper primary classes last year. More than 11 crore children are availing
the free meals daily at their schools. With the relative success of SSA that saw out of school children drop
to 45 lakh in 2008-09 from 1.35 crore in 2003-04, the ministry came out with Rashtriya Madhyamik
Shiksha Abhiyan to focus on secondary education, so far neglected. Though the OBC quota generated
much heat, it has facilitated the central educational institutes (CEIs) like IITs, NITs and central universities
to expand their facilities. One director of a CEI said, “Getting money from the Ministry is not a problem. In
fact we were not able to spend the money already received under the OBC head.” The budget of 2008-09
allocated Rs 1,647 for all central technical institutes, to take care of quota and general expansion.
(Hindustan Times 17/2/09)

Govt backtracks on plan to end faculty quota (25)

New Delhi, February 19, 2009: The Govt on Thursday steered itself safe from a pre-poll controversy by
dumping a move inspired by Prime Minister Manmohan Singh last year to end quotas for the Scheduled
Castes and Scheduled Tribes in faculties of top management and technology institutes. The Congress-
led coalition dropped the controversial provisions of the Scheduled Castes and the Scheduled Tribes
(Reservation Posts and Services) Bill — the Rajya Sabha had passed it last year without a discussion —
after fears that it would give the opposition a handle to beat the coalition with. Dalit leaders like Uttar
Pradesh Chief Minister Mayawati had already signaled their intent to make it a poll issue and put it out as
evidence of Congress’ “anti-Dalit” bias. The government had decided to make amendments to the Bill,
Parliamentary Affairs Minister Vayalar Ravi said in the Lok Sabha when members protested the
“injustice”. Once the Lok Sabha clears the amended version, it will have to be sent back to the Rajya
Sabha for approval. The Bill — aimed at providing statutory backing to SC/ST quotas in government jobs
— had slipped in a clause that barred quotas for faculty in 47 institutes and universities of national
importance like the IITs, IIMs, AIIMS besides all scientific and technical posts. But the decision to kill the
controversial portion triggered a race for credit. Within hours, Lok Janshakti Party chief Ramvilas Paswan
— who also worked back channels to get the government to drop the move — took jibes at the Bahujan
Samaj Party for its protests, saying it was a “political drama”. Paswan accused BSP chief Mayawati of
trying to “steal credit” for the government’s reversal by getting her MPs to lead the protests in Parliament.
It was the same set of BSP MPs who boycotted recent meetings of the parliamentary forum of SC/ST
members that had actually convinced ministers like Pranab Mukherjee and Prithviraj Chavan to make the
amendments, Paswan said. Having defended the government, Paswan mounted a counter-offensive on
the BSP, questioning the record of its government in UP. He reminded the CM that UP topped the states
for atrocities against Dalits. “Mayawati should come out with a white paper providing details of
appointments of SC/ST officers to top posts in UP,” he said. (Hindustan Times 19/2/09)

Jats for OBC reservation in Haryana (25)

Jind (PTI): The Jat community in Haryana on Sunday demanded its inclusion in OBC category on the
lines of legislation enacted in some other States to get reservation benefits in government jobs. Jat
Arkshan Sangharsh Samiti, Haryana at a State-level rally demanded OBC reservation and termed it as
"right of the Jat community"."If reservation is not given to Jats, the Samiti will start peaceful struggle for
getting reservation," its leaders said. They said quota in appointment was accorded to Jat along with
other farming communities like Saini and Gujjar in February 1991, but former chief minister Bhajan Lal
deprived Jat community of reservation later. People of the community in Himachal Pradesh, Madhya
Pradesh and Uttar Pradesh were getting benefits of OBC reservation, they added. (The Hindu 22/2/09)

Recategorisation of castes planned (25)

Bangalore: The Karnataka State Commission for Backward Classes headed by C S Dwarakanath is
planning to recommend recategorisation of various castes to ensure that deprived communities get the
maximum benefit of reservation. The Commission will base its recommendation on the outcome of a
statewide socio-educational and economic survey likely to commence soon after the completion of the
Lok Sabha polls. There have been arguments and counter-arguments, political or otherwise, that only a
section of the communities have been eating away all the reservation benefits in educational institutions
and government employment. The survey, which has been on the cards for sometime now, will throw up
the reality of the socio-economic status of communities. In fact, this will be the first caste-based survey in
the State since 1931. “We plan to base our recommendations on the outcome of the survey which
includes more than 70 indicators to assess the present social and economic condition of various
communities in the State,” Commission Chairman C S Dwarakanath said. The Commission will be
submitting its report during the first half of the next year. It is up to the government to either accept or
reject the recommendations. The draft of the questionnaire for the survey is under final stages of
preparation. It has now been decided that each and every household in the State will be covered during
the survey. Earlier, the survey was supposed to be restricted only to household of backward classes.
Data on SC/ST families will also be compiled. The data will be gathered over a period of 20 days with the
assistance of one lakh enumerators. The details that are compiled during the survey include those
pertaining to house (drinking water source, lighting facility, type of fuel for cooking, toilet facility), domestic
expenditure, immovable assets, owned-sites and buildings, source of irrigation, allied agriculture
activities, indebtedness of the household among others. Over a period of time, successive governments
and backward classes commissions in the State have recommended inclusion of different communities in
the reservation list. In 1951, for instance, 18 castes were classified as backward classes and the number
rose to 165 in 1959. The Supreme Court in 1963 ruled that the reservation should be based on a
community’s economic and social status. Due to this, between 1963 and 1975, even Lingayats and
Vokkaligas were included under the category of backward classes. Later Devaraj Urs, during his tenure
as chief minister constituted a backward classes commission under L G Havanur. In his report, Havanur
dropped Lingayats from the backward classes list. Kuruba and Agasa communities got 10 pc reservation
as per the commission’s recommendations. During the tenure of Ramakrishna Hegde, T Venkataswamy
commission recommended dropping Vokka ligas from the list. The community, however was included
again obviously under political compulsions. As many as 27 communities, which had never been
recommended by any commission, were also included in the list . In 1995, during the Deve Gowda’s
regime, a cabinet sub-committee classified communities under category 1, 2A, 2B, 3A and 3B. The
government issued an order fixing reservation and it holds good even today. (Deccan Herald 23/2/09)

SC/ST Bill skips Lok Sabha, thanks to Buta Singh (25)

New Delhi: Thanks to alacrity shown by National Commission of Scheduled Castes chairperson Buta
Singh as well as the ministry of personnel and training, which piloted the legislation, a Bill allowing
reservation for scheduled castes and scheduled tribes in civil services was prevented from becoming law
on Wednesday. The SC/ST (Reservation in posts and services) Bill, 2008, which was listed for
Wednesday, could not be introduced in the Lok Sabha this afternoon following a law ministry advisory
asking the government to go for “mandatory consultations” with the National Commission of SC/ST.
Minister of state in the PMO Prithviraj Chavan told the Lower House that the Bill could not be introduced
since the government received a legal advisory on Wednesday morning asking that the Commission
chairman’s views be taken after “mandatory consultations”. Contending that the Commission’s views had
not been taken, Singh recently had written to President Pratibha Patel seeking her intervention. After
SC/ST members of Parliament (MPs) told him that the move would only hurt them, he tried to withdraw
his communication to the President, but by then it was too late as the latter had already forwarded it to the
Prime Minister Manmohan Singh. Chavan said that the Speaker has been informed in writing about the
developments and that the government will have to review it in view of the communication from the
Commission. Parliamentary affairs minister Vayalar Ravi, on February 19, however, had told the House
on February 19 that the Bill was “under the consideration of the government” and had indicated that
controversial provisions of the Bill, which had initially led to opposition from SC/ ST MPs, would be
removed with suitable amendments. The decision to send the legislation to the Commission provoked
Bahujan Samajwadi Party (BSP) members who said the government had earlier assured to introduce the
Bill with amendments and was now not fulfilling its promise. Despite repeated appeals by the Chair, BSP
members continued to disrupt the proceedings of the House and later staged a walkout. The Bill, passed
by Rajya Sabha in December last year, sparked controversy earlier too when various political parties,
dalit leaders and organisations objected to some provisions which they said will lead to doing away with
quota benefits in certain cases. Last week, Vayalar Ravi had informed the Lok Sabha that “clause 4 (I),
(II),(III) and (IV), clauses 4 (2), 4 (3) and the Schedule will be removed.” (Financial Express 26/2/09)

Restrictions on ‘poor and meritorious’ quota go (25)

BANGALORE: The State Government has spelt out the qualifying criteria for the “poor and meritorious”
category of students for admissions to private engineering colleges. All such students can apply under the
quota unlike earlier when it was confined to those who had studied either in rural areas or in the Kannada
medium. The Department of Higher Education issued an order to this effect on Monday. According to the
order, a student whose annual family income is less than Rs. 2 lakh, or whose family owns not more than
10 acres of farmland or 20 acres of C-class land will qualify for the 25 per cent government quota seats.
Private colleges will offer these seats, allotted by the Karnataka Examinations Authority (KEA), at a
concessional rate of Rs. 15,000, as against the full fee of Rs. 25,000. The Higher Education Department
rejected the guidelines submitted by the KEA, the nodal examination agency, in January. The KEA had
proposed two-fold selection criteria. To be eligible for this concession, students would have to have
studied in Kannada medium schools/rural or backward areas, or the annual family income should be
below Rs. 2 lakh. Higher Education Secretary A.S. Srikantha said that the department decided to stick to
the norms previously framed by the Department of Social Welfare. The criteria are based on a 2002
Government Order that frames the creamy layer policy. Mr. Srikantha said that the KEA
recommendations could not be used as it would not be a fair classification to discriminate on the basis of
urban/rural background. Sources in the KEA said that the Higher Education Department had dismissed
the idea of using Kannada medium as a selection category. “Relying solely on family income can be dicey
because people can furnish any income certificate. We wanted this to benefit the rural student and those
who have studied in Kannada medium as we have found that they do not have to the same level of
training as their urban counterparts,” a KEA official explained. Last month, private colleges agreed to offer
concessions to 25 per cent students seeking admissions through the government quota. In return, the
seat matrix for private and government quota seats was altered. The ratio of government quota seats to
private seats (in private colleges) was 55:45. This year, the seat matrix divides seats equally between the
two categories. (The Hindu 5/3/09)

Internal reservation sought (25)

HASSAN: Hundreds of Dalits under the aegis of the Madiga Reservation Horata Samiti, led by its district
president, T.R. Udaya Kumar, and honorary president Ganjigere Raju, took out a rally here on
Wednesday protesting against the “failure” of the United Progressive Alliance (UPA) Government to bring
in a Bill to provide internal reservation for the Schedule Castes. The protesters, in a memorandum
addressed to the President, said the samiti had staged a dharna in Secunderabad during the visit of
Congress president Sonia Gandhi in this regard. They said they also laid siege to the Congress party
office and the Gandhi Bhavan there in protest. The protesters had sought the dismissal of the UPA
Government as well as payment of compensation to the families of the victims. They demanded the
dismissal of the Y.S. Rajasekhara Reddy Government in Andhra Pradesh and declared that the
Scheduled Castes would not vote for the Congress in the general elections. (The Hindu 5/3/09)

‘Ban quota to converted Christians'(25)

BHUBANESWAR: Janajati Surakhya Manch, a national-level organisation working for the welfare of
tribals, today demanded constitutional provisions prohibiting extention of reservation facilities to people of
scheduled categories who have converted to Christianity. Addressing a media conference here today,
national advisor of Janajati Surakhya Manch (JSM) and former MP Moren Singh Purty said that only 18
per cent tribals converted to Christianity have been enjoying 80 per cent of the total reservations meant
for Scheduled Tribes while 82 per cent of the tribal population is figting among themselves for the
remaining 20 per cent reservation in Government jobs and other public sector units. While most of the
tribal converts are enjoying both Scheduled Tribes and minority status, the Government has turned a
blind eye to this illegal and unconstitutional activities. Several cases have come to the notice of the State
Government where pana Christians have entered into Government service by producing false caste
certificates, he said without naming Kandhamal district. Scheduled Castes and Scheduled Tribes are still
the neglected lot in the State as developmental programmes of the Government have not reached them.
Tribals are the most economically backward all over country and need special attention of the
Government, he said. Launching a signature campaign seeking a ban on reservation to converted
Christians and Muslims here today, Purty said a memorandum will be submitted to President Pratibha
Patil demanding constitutional provision to protect the interests of the Scheduled Tribes and Scheduled
Castes. Purty also demanded that the names of tribals converted to Christianity be deleted from the ST
list immediately so that the reservation benefits will go to the actual beneficiaries. (Express Buzz 8/3/09)

In Kerala, Mayawati promises reservation to Dalit Christians (25)

Thiruvananthapuram, March 21: Bahujan Samaj Party (BSP) president and Uttar Pradesh Chief Minister
Mayawati Saturday promised reservation to Dalit Christians and upper caste poor as she launched her
poll campaign from here. Mayawati flew to the Kerala capital to kick off her nationwide 52-day poll
campaign, vowing to clamp down on terrorism and Maoist violence in the country. "Labourers, religious
minorities and the Scheduled Caste/Scheduled Tribe communities continue to be aggrieved even 61
years after independence. Many from these communities have taken to Naxalism (Maoism) and other
wrong ways because of this neglect," said Mayawati. She spoke in Hindi for nearly 40 minutes and her
speech was translated into Malayalam. "The BSP has clear cut policies on foreign affairs, agriculture and
economics. All post-independence governments have sacrificed governance to the interests of the rich
land-owning class," she said. The BSP has decided to contest all the 20 Lok Sabha seats in the state. Its
star candidate here will be former Congress MP and three time former state minister Neelalohithadasan
Nadar, who has been in a number of parties during his political career. Nadar is contesting from
Thiruvananthapuram Lok Sabha seat, which he won in 1980 trouncing then veteran Communist Party of
India leader M.N. Govindan Nair. One of his rivals this time will be Congress candidate Shashi Tharoor,
former UN under secretary-general. (New Kerala 21/3/09)

Maya reiterates promise of reservation for upper class poor (25)

LUCKNOW: Formally launching the Lok Sabha election campaign in UP by addressing a public meeting
in Deoria on Sunday, SP supremo and chief minister Mayawati reiterated that she would provide
reservation facility to the poor upper caste on economic grounds, if voted to power at the Centre. Maya
also sought to please the Muslim minority vote-bank by saying that she had given directions to officers
not to harass innocent Muslims in the name of tackling terrorism. In the same vein, she addressed her
Dalit vote bank by announcing that her government had filled all backlog posts in the reserved category.
She also said that her government had written to the Centre to include 16 most backward castes in the
list of scheduled castes. Clearly, her target was Dalit-Brahmin-Muslim combination. Deoria is among 16
parliamentary constituencies which will go to poll in the first phase on April 16. The public meeting in
Deoria also covered Bansgaon (reserved) and Salempur constituencies. The three districts come under
eastern UP. Hence, Mayawati also reminded people that she had already written to the Centre for
trifurcation of the state after which eastern UP would be a separate state with the name Poorvanchal. A
separate state had been a long pending demand of the people in eastern UP, she said. The CM accused
successive Congress governments at the Centre of doing nothing for the common man and underlined it
as the factor which had led to the rise of both poverty and terrorism in the country. "The Congress
governments at the Centre after independence did nothing for the common man, due to which poverty
and terrorism are on the rise," she said. She also accused the Congress-led UPA government of not
giving even a single penny for the development of the backward regions of east UP and Bundelkhand.
Stating that the BSP had fielded people of all castes for the coming Lok Sabha polls she asked the
people to ensure that the party won the maximum number of seats. She said that BSP was the only party
in the country which functioned with the donations given by its workers unlike other parties which were
captive to corporate and business houses. She said that she has dealt firmly with criminals and did not
hesitate to send her two minister, two MLAs and an MP to jail for their involvement in criminal activities.
Former SP MP Harivansh Sahay joined the BSP on the occasion. BSP general secretary SC Mishra and
state president Swami Prasad Maurya also addressed the gathering. The three BSP candidates --
Gorakh Prasad Jaiswal contesting from Deoria, Srinath Advocate from Bansgaon and Ramashankar
Rajbhar from Salempur -- were also present. (Times of India 23/3/09)

FE Home - StoryOn OBC quota, Arjun complained to Sonia about PM (25)

New Delhi: Three years ago, when he was under fire over the issue of OBC quota in Central educational
institutions, Human Resource Development Minister Arjun Singh complained to Congress president Sonia
Gandhi about Prime Minister Manmohan Singh not coming to his rescue. This revelation is made in his
biography Ek Sahayatri Itihas Ka — written by journalist Ram Sharan Joshi, it will be released by Speaker
Somnath Chatterjee at a function in New Delhi on March 27— which contains letters by Arjun Singh,
including one addressed to the PM where, citing “protection” given by “authorities” to Khalistani workers in
Punjab, he questions the “intentions” of then Punjab Chief Minister Amarinder Singh. He also told his
biographer that he was “not a supporter of the Emergency” imposed by Indira Gandhi. In his letter to
Sonia Gandhi, dated April 16 2006, Arjun Singh gave a background of the reservation proposal and his
deliberations with the PM: “But before, even preliminary steps could be taken, a concerted campaign was
let lose (sic) through the Media that I am solely responsible for pressing these amendments as part of a
personal campaign to implement the Mandal II. I was expecting that there would be some indication from
the Hon’ble Prime Minister to discourage such an ill-conceived campaign. But there was no signal.” He
then lodged his protest over the Cabinet Secretary’s statement to the press that Cabinet papers sent by
the HRD Ministry had been returned in view of Assembly elections in five states. “There was no reason
for this statement as the suggestion of the Cabinet Secretary had already been accepted by me”
According to my assessment, this statement, an unprecedented act by itself, was made to further
escalate the controversy,” he stated in the letter. Seeking to explain the political rationale behind his OBC
quota move, Arjun Singh, in another letter to Gandhi on August 15 2006, cited a survey to state that large
numbers of OBC and Muslim votes had shifted to the Congress. “In political terms, this means that
regional parties who had cornered these votes on misleading promises are now failing to retain them. It is
coming back to the Congress Party which, as a National Party, has always looked after their interests. As
the Survey itself says, this could lead to spectacular results in the elections in future.” (Financial
Express24/3/09)

Survey on Scheduled Castes to be conducted (25)

BANGALORE: A pilot survey of the Scheduled Castes, numbering over 100, will be conducted by the A.J.
Sadashiva Commission of Inquiry (Constitutional Benefits and Review of Disproportionate and Inequitable
Distribution among the Scheduled Castes in Karnataka), beginning next month. The commission was set
up by the Dharam Singh government following a demand by the Madiga community, one of the major
groups among the Scheduled Castes, to set right the injustice done to them in reservation in political and
other fields over the decades. People of the Madiga community, also called Madar, Chamagar, Adi
Jambava and Madiga Dandora, demanded internal reservation among the Scheduled Castes in
Karnataka after Andhra Pradesh issued a Government Order providing such reservation. However, the
GO was struck down by the Supreme Court. Speaking to The Hindu, Mr. Sadashiva, a former judge of
the Karnataka High Court, said there were around one crore people belonging to the Scheduled Castes in
Karnataka (27 lakh families). However, there was no information about the exact population of each of the
101 Scheduled Castes, which made it difficult to determine the different levels of backwardness. The
survey to collect the data required adequate funds. The commission had asked the Government to
sanction Rs. 14.50 crore, and Rs. 1 crore was released a couple of days ago. Mr. Sadashiva said the Rs.
1 crore released was a meagre amount, and he had written to the Government to sanction sufficient
funds. The commission had asked the Information Department to publicise the survey, but it said that the
Election Commission had asked it not to give publicity to any programme till the elections were over. He
said he would write to the department again clarifying that the survey was part of the ongoing work of the
commission and had nothing to do with the Government. The Chairman said he had asked the Union
Ministry of Social Justice to send a copy of the Usha Mehra Commission on the Madiga Dandora issue,
so that it would help his commission also. The Usha Mehra commission was constituted after the apex
court quashed the order of the Andhra Pradesh government. Mr. Sadashiva said he had already toured
all the districts, met representatives of over 100 Dalit organisations and talked to experts about the socio-
economic conditions of the Scheduled Castes. (The Hindu 28/3/09)

National Law School (NLS) not implementing quota for OBC (25)
National Law School of India University (NLSIU) had decided on not implementing the OBC quota for
2009-10, a writ petition filed by a student might change this. The petition, admitted by the Andhra Pradesh
High Court, has challenged the non-implementation of the OBC quota in all eleven law universities,
including NLSIU participating in the Common Law Admission Test (CLAT) this year. In its prospectus for
admissions to 2009-10, the University has not kept any seats under the OBC quota this year. NLSIU
currently gear reservation only for Scheduled Castes (15 pc), and Scheduled Tribes (7.5 pc). With a total
of 80 seats on offer this year for the B.A, LL.B (Hons) degree programme, this works out to the following:
General-55 seats, SC-12 seats, ST-6 seats, PWD-2 seats, and foreigners-5 seats. Under the Central
Educational Institutions (Reservation in Admission) Act, 2006, every central educational institution is
mandatory to reserve 27 pc of its seats for OBC’s. But this has to be done without disturbing the number
of seats available under the general category. Institutes are allowed to implement the quota in phases --
currently the IIT’s and IIM’s are implementing the OBC quota over 3 years in phases. NLSIU officials say
that without funding from the Centre it cannot implement the quota. The university is self-financed, and
cannot generate the funds required. (IndLaw News 31/3/09)

The clamour for tribal status in Assam (6)

One of the many contentious issues in Assam is the longstanding demand of various communities, tribal
and non-tribal, for a modification of their present status. This is likely to figure as a campaign issue,
especially in the two scheduled tribe (ST) constituencies of Kokrajhar and Diphu. Twenty-three tribal
communities, as well as a notional 24th category described as ‘unclassified,’ are enumerated in Assam.
Fourteen of these are designated as ‘Hill Tribes’ and the other nine are ‘Plains Tribes.’ The Hill Tribes are
a residue of the once composite State of Assam that included the four Hill districts that eventually became
Nagaland (1963), Meghalaya (1972) and Mizoram (Union Territory in 1972 and full fledged State in 1987).
The Hill Tribes are so recognised only in the two Hill districts of Karbi Anglong and North Cachar Hills that
have remained part of Assam; and the Plains Tribes are so recognised in the Plains Districts of the
Brahmaputra Valley and Barak Valley — an anomaly inherited from colonial classificatory practice since
both the Hill Tribes and the Plains Tribes are spread all over the State. To take an example, the Bodo
(Plains Tribe) is not recognised as a tribe in Karbi Anglong, which is a Hill district; and correspondingly,
the Karbi (Hill tribe) is not recognised as a tribe in the Plains Districts of Assam. This is certainly an
electoral issue in both Diphu (ST) in the hills and Kokrajhar (ST) in the plains. The Hill Tribes, which were
opposed to the extension of tribal status to non-resident Plains Tribal communities in the hill districts are
now reconciled to it, provided that the new entrants will not eat into the 12 per cent reservation available
to them in their districts. There are more complex demands, all rooted in the perverse perception that the
tribal status, as a Plains Tribe or as a Hill Tribe, is privileged. First, there is the demand by six non-tribal
communities in the Brahmaputra Valley — the Tai Ahom, the Matak, the Moran, the Chutia, the Koch
Rajbongshi and the Adivasi — for classification as Scheduled Tribes. The existing tribal communities are
opposed to the extension of tribal status, enlarging the tribal pool and necessarily diluting the share of
benefits that they enjoy. Second is the demand by some of the nine Plains tribal communities, historically
classified as ST, for the constitution of ‘autonomous councils’ in the name of their communities. This
provision was initially available to the Hill Tribes whose desire for autonomy has gone far beyond what
was implied and provided in the early Autonomous Councils. The Bodos were the first Plains tribal
community to get it as part of the first Bodo accord. Finally, the demand of the two autonomous Hill Tribe
districts, Karbi Anglong and North Cachar Hills, for their constitution into an ‘autonomous State within
Assam’ under Article 244-A of the Constitution is one of the most complex issues in these elections,
though superficially of concern only to the Autonomous Districts. (The Hindu 4/4/09)

Quota changed matrix: Kharge (25)

BANGALORE: Leader of the Opposition in the Legislative Assembly Mallikarjun M. Kharge on Saturday
said that rise in the number of reserved seats for Scheduled Castes and Scheduled Tribes to seven out of
28 constituencies in the State led to the decline in the representation given by the Congress to the
minorities and Veerashaivas in the Lok Sabha elections. This was not done deliberately. Mr. Kharge, also
a member of the Congress Working Committee and a candidate from the Gulbarga constituency, was
speaking at a meet-the-press programme organised by the Bangalore Reporters’ Guild and Press Club of
Bangalore. The former minister Kagodu Thimmappa was present. He said the representation to minorities
had come down. But Vokkaligas were well represented, he said. Asked why Brahmins had been ignored,
a criticism made by the former Legislative Council Chairman B.K. Chandrasekhar, Mr. Kharge said it was
the decision of the party high command. Prof. Chandrasekhar had said that a Brahmin should have been
chosen to contest from Bangalore South, which had sizeable Brahmin votes. Lashing out at D.B. Chandre
Gowda, H.C. Srikantiah, V. Somanna, L.R. Shivarame Gowda and K.H. Srinivasa, who joined the BJP, he
said there was no need for any violent protests against them as had happened in Mandya after the
Assembly elections. He rejected a suggestion that the Congress fielded him for the elections only to
remove him from State politics and deny him the post of Chief Minister. S.M. Krishna and Veerendra Patil,
who were MPs, were made Chief Ministers, he reminded, meaning that his shifting was temporary. Mr.
Kharge, who had a record of winning in nine Assembly elections, said he had worked in 25 different
elections in the State, but he had never seen hatred or animosity between parties or leaders. (The Hindu
5/4/09)

“Reservation necessary” (25)

TIRUCHI: Reservation is necessary to equalise opportunities for those born without luck, K. Ashok
Vardhan Shetty, Principal Secretary, Rural Development & Panchayat Raj, said on Monday. The talk of
merit-based admissions, for instance, does not suit the scenario wherein first generation learners based
in rural areas have to compete with their city counterparts who enjoy the advantage of being fifth-
generation learners with schooling in top-notch institutions, Mr. Shetty explained, addressing the
Graduation Day of Periyar College of Pharmaceutical Sciences for Girls. Mr. Shetty felt that effort is the
main determiner of success in professional and personal spheres though talent and luck also mattered in
lesser proportions. Success warrants hard work and most people realise their strengths only when given
the opportunities and motivated to perform. Emphasising on the need for strengthening rationalism and
humanism, Mr. Shetty cited inhuman incidents reported in the recent past to caution that civilisation could
slide back if scientific temper was not cultivated in the society. The social reformation ushered in by
Periyar through five decades of struggle should be safeguarded. Women are doing well in most
professions, but broken marriages and increase in divorce rate is a cause for concern. Men and women
must learn to strike the right balance of work and life. Working couples must spend time together. Right
attitude is of more importance than time management, he felt. Mr. Shetty conferred degrees on 120
undergraduates and 24 post graduates and administered the pledge in the presence of the Founder
Chairperson of the Periyar Centenary Educational Complex K. Veeramani, Principal R. Senthamarai and
Vice-Chancellor of Periyar Maniammai University, Vallam, N. Ramachandran. In his presidential address,
Dr. Veeramani explained Periyar’s vision to make education an instrument of social change. Having
enjoyed the benefits, graduates must render service to society with a sense of indebtedness, he
emphasised. (The Hindu 7/4/09)

SC refuses to lift stay on UP quota law (25)

New Delhi, April 09, 2009: The Supreme Court on Wednesday refused to vacate an Allahabad High
Court’s order staying a Uttar Pradesh law providing for 50 per cent reservation for the Scheduled Castes,
Scheduled Tribes and Other Backward Classes in state educational institutions, including unaided private
ones. A bench headed by Justice B.N. Agrawal declined to entertain the state government’s petition
challenging the March 5, 2009, order of the high court staying the operation of ‘The Uttar Pradesh
Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other
Backward Classes) Act, 2006’. The bench asked the state government to approach the Lucknow bench of
the Allahabad High Court, where the matter was pending since 2007. The law was challenged before the
Lucknow bench of the high court by private unaided colleges offering Bachelor in Education (B.Ed.)
courses and the HC had suspended the implementation of the law during academic year 2007-08,
pending final decision on the constitutional validity of the law. As the law continued to be suspended at
the beginning of 2008-09 academic session, the state government again moved the HC for vacating the
stay by the HC turned it down on March 5 forcing it to approach the SC. The private educational
institutions have challenged the law on the ground that it was contrary to the law laid down by the
Supreme Court that said government could not extend reservation in private unaided educational
institutions. (Hindustan Times 9/4/09)

More seats give IIT aspirants higher hope for slice of success (25)
MUMBAI: It was at IIT-Bombay that Nandan Nilekani learnt "the most important lessons of my life'', a
gratitude that the 1978-batch alumnus and now Infosys chief expressed with a $ 5-million donation to
the institute. Years ago, when Kanwal Rekhi of IIT-B's class of 1967 wanted to give back to his alma
mater, he fought bureaucrats in the HRD ministry to alter rules and allow government institutions to
accept "private donations''. Like them, most old students look back at their years at the prestigious
institutes fondly. This Sunday, a whole new batch of aspirants will queue up to, as a parent of an IIT
student said, "get in there and grab a slice of success'', much like their illustrious predecessors. While
entry to the IITs has never been easy, competition this year will be tougher as close to 4 lakh candidates,
across 131 cities (around 193 students will take the exam at a centre in Dubai), appearing for the JEE.
However, the number of seats in the 15 IITs has risen to over 7,300. "Besides the two new IITs, seats will
increase as the IITs will implement the second phase of 18% OBC reservation,'' said Bhabha Sarma,
chairman JEE 2009. The rise in the number of aspirants from 3.11 lakh in 2008 to 3.95 lakh in 2009 has
forced the IITs to book more exam centres. The Mumbai zone has seen the largest surge. A K Pani, a
JEE 2009 chairman at IIT-B said, "This year, we have 52 new centres in this zone. Exams will also be
conducted in Sawai Madhopur, which has been added to the list this year.'' Nearly 40% of the candidates
(1.55 lakh) are from the reserved category this year. To ensure that the seats for SC/STs are not left
vacant, IIT directors have decided to hike the 40% relaxation in scores to 50% from 2009. This means
that if the last general category student in 2008 was admitted with an overall score of 172 out of 489, the
aggregate cut-off for an SC/ST student was 104 (after a 40% relaxation). If the general category cut-off in
2009 remains the same, the bar for SC/ST candidates would be lowered to 86. Subject-wise cut-offs
would also be affected. Another relief for students is that the two new IITs-in Himachal Pradesh and
Indore-will start classes this year with 120 seats each, offering B Tech programmes in computer science,
electrical engineering and mechanical engineering. Sources said none of the six IITs started last year will
increase intake or offer new courses this year. "They do not have enough faculty members. Most
professors in the new institutes have been loaned out from the old IITs,'' said an IIT-JEE chairman. This,
in turn, has restricted expansion plans of the old colleges. Moreover, as reported in TOI earlier, the IITs
have also decided that the extent of relaxation for the physically-challenged candidates in JEE-2009 will
be on a par with SC/ST candidates. "The decision on conducting preparatory courses for disabled
students will be taken in a Joint Admission Board meeting,'' the JEE website states. (Times of India
9/4/09)

PMK fails to impress SC with its plea for caste-based census (25)
NEW DELHI: Failure to impress the UPA government to make preparations for a caste-based census in
2011 did not deter S Ramadoss's PMK, which exited from the ruling coalition after stitching a pre-poll
alliance with AIADMK, to try its luck in the Supreme Court on Thursday, but it failed. PMK pleaded before
a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam that "caste-wise census
would help the government to know the backwardness, inadequate representation in services and overall
efficiency of each caste". If PMK tried to reach the masses afresh its pro-OBC work ahead of the polls
through a public interest litigation (PIL) in the SC, the CJI-headed Bench proved equal to the task by
elegantly deflecting the issue knowing fully well the importance of any judicial intervention at this stage.
"How can we give a direction to the government to conduct a caste-based census? It is a policy decision.
If it was not done for last more than 70 years, there must be some reason behind it. Why should it be
done now? Some fear that there could be a social problem," the CJI said. "There is a Backward Class
Commission. Why don't you go there? These are policy matters of serious implications. The courts can
neither interfere nor give any direction to the government in such matters," the Bench said. Arguing for
the party, senior advocate Raja Verma Kumar said only OBCs were left out of caste-based population
enumeration. "They are collecting full data about SCs, STs, Buddhists, Sikhs, Jains and Christians. It was
the lack of empirical data on the population of OBCs that had forced the apex court to stay for more than
a year the policy to provide 27% reservation to OBCs in educational institutions," he said. This did not
click with the Bench, which said: "The elections are round the corner. You wait for two months and there
will be a new government. May be you will also be part of it. And then you can represent the government
to change the policy on census." The unwillingness of the apex court to entertain the PIL forced the
counsel to withdraw the PIL. (Times of India 10/4/09)

SC rules out reservation for preliminary examinations (25)

New Delhi, DH News Service: The Supreme Court has held that candidates belonging to the SC/ST
category cannot claim for reservation in the preliminary examinations conducted by various public service
commissions for officer level posts. A bench of Justices S B Sinha and Cyriac Joseph said, “Judging of
merit may be at several tiers. It may undergo several filtrations. Ultimately, the constitutional scheme is to
have the candidates, who would be able to serve the society and discharge the functions attached to the
office.’’ Observing that constitutional authorities are not obliged to provide reservation at the screening
level, the bench said: “Vacancies are not filled up by the way of charity…The provisions for holding the
preliminary examination were for the purpose of maintaining a basic standard.’’ The bench said socially-
backward people or a disadvantaged group might not be able to compete with people from the open
category. But that does not mean that they will not be able to meet the basic minimum criteria, the apex
court said while overruling a judgement of the Andhra Pradesh High Court. The candidates would be
appointed as deputy collectors, commercial tax officers, deputy superintendents of police category-2,
divisional fire officers, district registrars, assistant audit officer and assistant treasury officer and assistant
accounts officer other Group-I posts after recruitment. The preliminary examination is not part of the main
examination and as such the rule of reservation available to socially-disadvantaged sections cannot be
insisted on at the threshold stage, said the court. (Deccan Herald 12/4/09)

Parliament: A distant dream for H-K woman (25)

As many as 14 general elections have gone by and the 15th one is round the corner. It is 62 years after
independence, 53 years after unification of Karnataka, and 57 years of post independent electoral history.
Yet the desire of women to scale the steps of Parliament has remained a distant dream of country’s one
of the most backward regions comprising the districts of Gulbarga, Bidar, Raichur and Koppal.In the last
14 general elections as many as 59 members have been elected from the four constituencies and there is
not a single woman among them. Even as an exception woman do not find a representation. The
Parliamentary elections have always been the exclusive domain of men with the major political parties
exhibiting monumental contempt for women as they consider only winnability than the eligibility. Those
having money, men and muscle power are the first and subsequent priorities for all the major political
players and women nowhere fit into these parameters. Though in the three-tier panchayat raj institutions
their representation is nearly 40 per cent, in assembly and Parliament their representation is either
minuscule or a blank. The avalanche of women power in the local bodies has been made possible due to
mandatory reservation of 33 per cent of seats for women. They also enjoy the same reservation in the
posts of presidents and vice presidents of local bodies. With the Women Reservation Bill envisaging 33
per cent mandatory representation in state legislatures and Parliament languishing from the last 15 years
women continue to remain in the political wilderness and they had to be content with their roles in the
local bodies. The Hyderabad-Karnataka region consists of four Parliamentary constituencies namely
Bidar, Gulbarga (SC), Raichur (ST), and Koppal. In the four constituencies women voters outnumber men
in two constituencies Raichur (ST) and Koppal. In Raichur out of the total 14,76,956 voters women are
7,42,892 and men 7,34,064. In Koppal constituency there are 13,53,960 electors with women accounting
for 6,80,368 and men 6,73,592. In the other two parliamentary constituencies Bidar and Gulbarga (SC)
men are in more numbers. However, in the entire Hyderabad-Karnataka region women voters are
marginally less than men voters. While men voters are 29,25,904, women voters account for 28,83,630.
They are short by about 42,000. Taking into account the strongly rooted gender bias and female foeticide
the marginal difference of women voters to men voters in the entire Hyderabad-Karnataka region is
negligible. But what is important is that they being in numerical majority in Raichur and Koppal
Parliamentary constituencies their legitimacy for representation has been ignored.Out of 32 assembly
segments in the four Parliamentary constituencies women voters outnumber men in 13 assembly
segments and they are: Jewargi, Gurmitkal, Chittapur, Sedam (all in Gulbarga constituency), Surapur,
Shahapur, Yadgir, Raichur Rural (all in Raichur constituency), Sindhanur, Maski, Kanakagiri, Gangavati,
and Siruguppa (all in Koppal constituency). It is only in Bidar constituency that all the eight assembly
segments are men dominated. Deccan Herald 18/4/09)

SC: Reservation not a matter of right (19)

The Supreme Court has ruled that no citizen of India can claim reservation either in jobs or in admission
to educational institutions as a matter of right and reservation cannot be given at the cost of efficiency in
administration and governance as per Article 335 of the Constitution. A bench comprising Justices S B
Sinha and Cyriac Joseph in their judgments also said the reservation is a concession given to
disadvantaged class of people as per Article 15 and 16 of the Constitution but the concession can be
given in line with Article 335 of the Constitution which lays down that efficiency in administration and
governance can not be lost sight of. The apex court also held the ‘reservation of women and handicapped
people and others is on a horizontal basis. Reservation to this category of candidates has to be given
irrespective of class or category. Ultimately, the constitutional scheme is to select candidates who would
be able to serve society and discharge the functions attached to the office. Vacancies are not filled up by
way of charity. Emphasis has been laid innumerable times on selecting candidates or students based
upon their merit in each category. The disadvantaged group or socially backward people may not be able
to compete with the open category people but that would not mean they would not be able to pass the
basic minimum criteria laid down therefore.’ The apex court further noticed, ‘The Constitution lays down
both for protective discrimination as also affirmative action. Reservations of posts for the disadvantaged
class of people as also seats in educational institutions are provided for by Articles 15 and 16 of the
Constitution. Reservations made for the members of Scheduled Class (SC)/ Scheduled Tribe (ST) and
Other Backward Classes (OBC’s), however, is subject to Article 335 of the Constitution. Concernedly, no
citizen of India can claim reservation as a matter of right. The provisions contained in Article 15 and 16 of
the Constitution are merely enabling provisions. No writ of or in the nature of mandamus (positive
directions) thus could be issued.’ Justice Sinha writing a thirty-five page judgment of the bench, allowed
the appeal of Andhra Pradesh Public Service Commission against the judgment of the AP High Court
dated July 23, 2008 holding that reservation to SC/ST’s and OBC’s should be provided from the
preliminary stage during recruitment in state services in group one and two categories.(IndLaw News
19/4/09)

An ‘outsider’ out to upset poll outcome (25)

DAUSA: Riding on the support of local Gujjars agitating for Scheduled Tribe status, a Kashmiri Muslim
Gujjar has thrown his hat into the political ring in this sensitive Lok Sabha constituency of Rajasthan with
the hope of upsetting the apple carts of veteran Meena leader Kirorilal Meena and the candidates fielded
by the Congress and the BJP. No other constituency in the desert State has generated the interest of poll
pundits post-delimitation as Dausa with the seat being reserved for STs. The coveted seat might witness
an extraordinary spectacle of disappearance of the Congress, which has won ten times here over the
years and sent a stalwart like Rajesh Pilot to Parliament. His son, Sachin Pilot, has shifted to Ajmer. The
entry of Qamar Rabbani Chechi – a real estate agent from Rajouri district of Jammu and Kashmir – into
the fray as an Independent has disturbed the electoral calculations of all prominent contestants. As a
Gujjar belonging to the Kashmir Valley, he enjoys ST status and has been brought in here to confront the
dominant Meena community in the murky caste-based electoral fight. “Mr. Chechi extended moral,
material and financial support to us during our agitation that left 70 persons of our community dead in
police firing. It is on our special request that he has agreed to contest the Lok Sabha polls on our behalf,”
said Chainsukh Gujjar looking after the canvassing work along with Mr. Chechi’s son, Shahzad Rabbani,
at his election office in the town. Mr. Chechi, campaigning in Lalsot – 40 km from Dausa – indicated while
talking to The Hindu that he was trying to reach out to the communities other that Gujjars, such as
Brahmins, Malis, Vaishyas, Dalits and Muslims, by promising to work for getting reservation to all
economically backward sections. He said he was avoiding any reference to castes in his campaign. “My
target is 2010 when the reservation policy is to be reviewed and its beneficiaries reconsidered at the
national level. Gujjars must join hands with other underprivileged sections to get their due,” said the 55-
year-old Kashmiri leader. He claimed that he was getting “unprecedented support” from all castes. Among
the 13.15-lakh electorate in Dausa, there are about 2.85 lakh Meena voters and 1.35 lakh Gujjar voters
who have had a stronghold over the seat for almost three decades. Gujjars now expect that the Meena
votes would be split and the anti-Meena votes as well as those of all other non-Meena castes would
benefit Mr. Chechi and help him emerge as the winner. Political observers here believe that the major
chunk of the Meena votes would go to former State Minister and Todabhim MLA Kirorilal Meena, who is
in the fray as an Independent even after extending support to the Congress-led Government in the State.
Having been rebuffed by the Congress, he is aspiring to move beyond State politics. Devnarain Jaiman, a
supporter of Dr. Meena, claimed at his election office that the Meena leader was acceptable to all
communities and pointed out that the election for the seat, far from being fought on the political lines, was
an “entirely personality-based show”. “Among all the candidates, Dr. Meena has the tallest stature. He
instantly feels the pulse of people,” he said, pointing towards the crowd waiting for the Meena leader’s
return from the hustings in villages. Former IPS officer Laxman Meena, the Congress candidate, is
evidently a novice in politics. Yet he has been trying to challenge Dr. Meena’s dominance in the
community. “Each polling station will have ten Congress workers. We will ensure that unlike the past, no
polling booth is captured by Dr. Meena’s supporters,” he said at a meeting of community
eldersRamkishore Meena of the BJP has nothing to lose in the elections with the people in the community
questioning the wisdom of fielding him as a candidate. (The Hindu 1/5/09)

Implement reservation in appointment of teachers, says AUT (25)

SALEM: The Tamil Nadu Universities and Colleges SC/ST Teachers’ Association has appealed to the
State Government to fill up the posts in government colleges and universities based on the 19 per cent
reservation allotted for scheduled classes and scheduled tribes. The posts of principal in all the 14
government colleges should be filled based on the reservation policy. The Government should also fill up
the posts of vice-chancellor, registrar, controller of examinations, dean and others in the universities
based on the reservation policy. Members of the association passed a resolution to this effect during the
general council meeting of the association held here recently. Steps should also be taken to fill up the
vacancies of principals in government-aided colleges allotted for SC/ST. The association also demanded
the government to direct self-financing institutions and government-aided colleges to appoint lecturers
based on the reservation policy. The Government should implement its order to provide assistance to the
SC/ST students, who were doing their PhD or pursuing their higher education in science stream to help
pursue their research and higher studies abroad, the association said. The members supported the
continuation of the old pension scheme and asked the Government to withdraw the new scheme. Tamil
Maran was elected as the president of the Salem unit of the association. The following were also elected
as the new office-bearers of the association: Vice-Presidents - Mani and C. Palani, Secretary –
Sengamalai, Joint Secretary – Balamurugan and M. Kumar, Treasurer – G. Senthilkumar. (The Hindu
1/5/09)

Mayawati repeats: Reservation for Muslims (25)

New Delhi: In A shift from the issues taken up by the Congress and the BJP in their respective rallies in
the Capital on Sunday, Bahujan Samaj Party supremo Mayawati reiterated her stand on reservation for
Muslims. She touched upon the Dalit agenda too, asking the people to not vote for “anti-Dalit” Congress.
Addressing the thousands who braved the searing heat to hear her at the Ramlila Grounds, the Dalit
leader called upon Muslims to vote for the party. She said only the BSP had given tickets to three Muslim
candidates in Delhi, emphasising on the party’s slogan: “Jiski jitni bhagidari, uski utni hissedari.” She took
on the Congress for not fielding a single Muslim candidate in any of the seven constituencies. She also
referred to the Sachar Committee report and criticised the ruling party for not implementing any of its
recommendations for the betterment of the community. “This is an appeal to the Muslims. I want to tell
them that our party has given them tickets so that they join our vote base and win,” said Mayawati. “You
have to bring us to power. We have reached here because of you.” Invoking Dr Bhim Rao Ambedkar,
Mayawati targeted the Congress for being “anti-Dalit”. Accusing the Congress of “ill-treating” Ambedkar,
she asked the voters to avenge his defeat in the 1952 Lok Sabha elections at the hands of a Congress
candidate. “The voting rights were given to you by Babashaeb. You have to keep this in mind,” she said.
“If you sell your votes for money, you are selling the honour of your daughters and sisters.” (Indian
Express 4/5/09)

‘Gujjars should get quota’ (25)

Jaipur: The Meenas would have never thought they would be singing this tune, but they are -- singing
loud and clear for reservation for Gujjars. In a State divided on sharp caste lines, Meena leader and
Congress candidate for Sawai Madhopur-Tonk Lok Sabha seat Namo Narayan Meena assures his Gujjar
voters that they should get the reservation they have been promised. “The five per cent reservation that
was unanimously given to the Gujjars under the economically backward category last year by the State
Assembly should be given. I am supporting that, I am not against that,” Mr. Meena said here. Earlier, the
Meenas had openly voiced their opposition to reservation in jobs for Gujjars. The Bill happens to be still
awaiting the Governor’s approval, said Mr. Meena, who is also the Union Minister of State for
Environment and Forests. Mr. Meena, however, stops short of saying a final word on the Gujjars larger
demand of getting Scheduled Tribe (ST) status in the State, equivalent to what the Meena community
enjoys here. “Reservation is a constitutional matter and the Congress party in its manifesto has said that
the status of the SC/ST and OBC reservation should not be disturbed. The other backward classes
should be provided reservation on the basis of the economic background,” the 65-year-old leader, who is
the sitting MP from Sawai Madhopur (reserved) seat said. The seat has now been merged with Tonk
making it a general Lok Sabha seat. Mr. Meena also said that his rival Kirori Bainsla is “only fighting for
Gujjars while he is fighting for all downtrodden people of his newly created constituency”. “I think even the
Gujjars will not vote for him (Bainsla). They have earlier voted for me when I fought from Sawai Madhopur
and they would do so again as I have done development works in the area,” Mr. Meena said. Rajasthan
Chief Minister Ashok Gehlot’s government has recently been voted to power in the State and I think the
Congress party will get the benefit of this, he said. Mr. Meena, who has served the Indian Police Service
(IPS) before entering politics, also says that he aims “for a perfect understanding and coordination with
everyone”. “I am also getting the support of Brahmins, Jats and other castes apart from the Gujjars in my
constituency,” he said. – PTI (The Hindu 7/5/09)

‘Implement reservation policy in full’ (2)

DAVANGERE: The Dalit Sangharsh Samiti (DSS) has demanded that the Union Government implement
the reservation policy comprehensively for the next 20 years all over the country. Later, if required, it
could be withdrawn. Speaking to presspersons here on Monday, Venkatagiriah, State convener of the
DSS, said that only nine per cent reservation had been given to Scheduled Castes and Scheduled Tribes
across the country in the last 60 years. He said that if the Government implemented the reservation
system properly with immediate effect, and filled up all vacancies, then Dalits would not object to its
withdrawal after 20 years. “In fact, we are seeking implementation of B.R. Ambedkar’s recommendations
in letter and spirit, that includes the withdrawal of the system,” he added. He alleged that Dalits were
continuously subject to harassment and were being denied their basic rights even now. He said that over
12,000 persons who had secured jobs by producing false caste certificates were pardoned during the
Ramakrishna Hegde Government, and similarly, during S.M. Krishna’s tenure as Chief Minister, over
10,000 persons who got jobs in a similar manner were excused. Owing to this, genuine Scheduled Caste
and Scheduled Tribe beneficiaries were deprived of employment, he said. The Union Planning
Commission had instructed the Karnataka Government to allocate Rs. 7,000 crore for the welfare of
Scheduled Castes and Scheduled Tribes, based on their population, but the State Government had
earmarked only Rs. 600 crore, Mr. Venkatagiriah said. He added that the BJP Government had done
nothing new for the Dalits and was following the practises adopted by the Janata Dal (S) and the
Congress. The samiti also urged the State Government to enhance the allowances of Scheduled Caste
and Scheduled Tribe students keeping in mind the increase in prices of essential commodities. He
expressed the fear that if the old rates were still taken into account while determining the allowances for
students, they might not get quality food in hostels. Mr. Venkatagiriah also urged the Government to stop
giving facilities to those Scheduled Caste and Scheduled Tribe students who were well off. Dalit leaders
Alur Lingaraj, Vasu and Thippeswamy were present. (The Hindu 12/5/09)

Rejected under quota, can’t seek job in general pool: SC (25)

New Delhi, May 11, 2009: Can a candidate applying for a government job under the reserved category be
considered for the general category, if his candidature for the reserved category is rejected? The
Supreme Court says No. By saying so it has reversed the verdict of the Punjab and Haryana High Court
that upheld a Central Administrative Tribunal (CAT) direction to the Centre to appoint one Dalbir Singh
for the post of mazdoor (labourer) under the general category as the marks secured by him was more
than the last general category candidate. Singh’s candidature under the Other Backward Classes (OBCs)
category was rejected on technical grounds. “In our opinion, having opted to consider his case only under
OBC category, he cannot thereafter claim that his case requires to be considered in the general merit,
only because, he has scored better percentage of marks than the last selected candidate in the general
merit,” a bench headed by Justice Tarun Chatterjee said. “The respondent, (Singh) at no point of time had
claimed that if for any reason, his case can not be considered under OBC category, at least the
appellants (central government) should consider his case under the general merit list,” the bench said,
giving a rather technical and narrow interpretation of provisions. Singh never took exception to the
procedure adopted by the Union government in preparing separate select lists for general and OBC
categories, it noted. The Union government had advertised for selection of 20 ‘Mazdoors’ both in general
and reserved categories. Singh, who belonged to Saini community, applied for the post under OBC
category. But in view of some discrepancy in the caste certificate, his candidature was rejected. Singh
approached the Chandigarh Bench of the CAT, which directed the Centre to give him employment either
by in the general category or by accepting his OBC certificate. The government challenged the CAT order
before the Punjab and Haryana High Court, which upheld it. But the apex court reversed the verdict. “In
our view, the Administrative Tribunal having found that the appellants were justified in not considering the
respondent’s case for appointment under OBC category ought not to have directed the appellants to
consider his claim under general category,” it said. (Hindustan Times 12/5/09)

Can quota category candidates, selected on merit, have service preference? (25)
New Delhi: A five-judge Constitution Bench of the Supreme Court will consider whether candidates in a
‘reserved category’ selected on merit and placed in the ‘unreserved category’ in the Central Civil Services
Examination could be given a choice to opt for service of higher preference in terms of Rule 16 (2) of the
CSE Rules at the time of ‘service allocation’. This rule says: “While making service allocation, candidates
belonging to SC/ST or OBCs recommended against unreserved candidates may be adjusted against
reserved vacancies by the government if by this process they get a service of higher choice in the order
of their preference.” A three-judge Bench consisting of Chief Justice K.G. Balakrishnan and Justices P.
Sathasivam and J.M. Panchal in its order said: “In view of the fact that the issues raised and discussed
relating to amended Rule 16 of the CSE are applicable to all Central Civil Services, we are of the view
that an authoritative pronouncement is needed. Hence all these SLPs and writ petitions are referred to a
Constitution Bench.” The Centre appealed against a Madras High Court judgment holding ultra vires and
unconstitutional Rule 16 (2) and directing it rework service allocation dehors Rule 16 (2). Certain writ
petitions were also filed. The Supreme Court stayed the High Court judgment and on Thursday referred
the matter to a larger Bench. The Bench, quoting the ‘Indra Sawhney vs. Union of India’ judgment which
said that while “50 per cent [maximum] shall be the rule, it is necessary not to put out of consideration
certain extraordinary situations inherent in the great diversity of this country and the people … It may well
happen that some members belonging to say, Scheduled Castes, get selected in the open competition
filed on the basis of their own merit; they will not be counted against the quota reserved for SCs; they will
be treated as open competition candidates.” Writing the judgment, the CJI said: “In the light of this
decision [the question arises] whether it is reasonable not to give better preference of posts in service for
the persons of reserved category who have been selected in the open competition field on the basis of
their own merit and even if they are given such better preference whether that should not come under this
specific percentage as it will only be a certain relaxation or concession and not a proper form of
reservation.” The Bench said: “As far as amended Rule 16 is concerned, it is to be noted that reserved
category candidates selected in the merit/unreserved category upon the basis of their merit have not
availed [themselves] of any relaxations which are only available for the reserved category candidates.”
The Bench said that “in the present case, the UPSC has provided the amendment of Rule 16 which has
been made to fulfil certain objective specified in the Rules.” However, the question whether reserved
category candidates could actually avail themselves of better preference of service under the reserved
category list or not could be decided only by a Constitution Bench. (The Hindu 15/5/09)

Five-judge Bench to decide on CSE quota (25)

NEW DELHI: The Supreme Court on Thursday referred to a five-judge Bench the question relating to
validity of a civil services examination (CSE) rule virtually stopping double quota benefit for reserved
category candidates who qualify on merit after competing under the general quota. A Bench comprising
Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal, who had stayed a Madras
High Court order quashing the CSE rule, looked into many previous SC judgments related to the issue
and came to the conclusion that an authoritative pronouncement was needed from a constitution Bench.
Rule 16(2) of CSE Rules provides an opportunity to reserved category candidates, who rank among the
general category, to fall back on their backward class status and improve their service choice. The
improved service so availed by the reserved category candidate would then be counted against the quota
posts specified for that service. For example, if a reserved category candidate secures a rank in the
general category that fetches him the Indian Revenue Service, then he could avail his backward status to
improve his service and even get IAS. Under Rule 16(2), the IRS post so vacated by the general category
candidate by availing his SC, ST or OBC status, would then be offered to a general category candidate
next in the waiting list. The HC had termed Rule 16(2) as unconstitutional as it was detrimental to the
intention of the socially affirmative action provided under the law. The HC had ordered that even though a
rank and a consequent post in the general category list gets vacated, it should go to a reserved category
candidate, one of whom had previously held it. Challenging this judgment, the Centre and a host of
petitioners termed the HC ruling anomalous and said it would amount to giving reservation over and
above the specified percentage of posts reserved for SCs, STs and OBCs. The SC had on June 1 last
year stayed the HC judgment. (Times of India 15/5/09)

Muslim Alliance in U.P. puts forth its demands (25)

NEW DELHI: A day before counting of votes, the Uttar Pradesh Muslim Alliance, a new group of five
political parties and two social organisations, said elected MPs owing allegiance to it would support a
government that commits itself to separate reservation for poor Muslims and a Rs.25,000-crore package
for the community. Claiming that the group would win at least 10 Lok Sabha seats, UPMA chairman M.J.
Khan said here on Friday it would support a political formation at the Centre only on the basis of a firm
commitment to implement their three-point agenda. These points include the removal of religion-based
discrimination in the Constitution and the trifurcation of the OBC quota among advanced OBCs, most
backward classes (MBCs) and Muslims based on their share in the population as worked out by the
Mandal Commission. Another demand is a special package of Rs. 25,000 crore annually for Muslims to
be given by the Centre towards their education, employment and economic development. UPMA is a
group of U.P.-focussed major social and political bodies. These are the All India Ulema Council, the All
India Momin Conference, the All India Muslim Council, the Muslims Economic Forum, the National
Loktantrik Party, the Jamait-e-Islami U.P., the All India Milli Tanzeem and its related organisations — the
Peace Party, the Ulema Council and the U.P. Milli Mahaz. “We will form a National Muslim Alliance
bringing together like-minded political and social organisations to emerge as a strong leadership of the
Muslim community,” Mr. Khan said. “Since Independence, Muslims have been delivered only promises,
which will not be tolerated now ,” he said. (The Hindu 16/5/09)

OBC quota up, DU to invite general students for vacant reserved seats (25)
New Delhi: Having increased the number of seats reserved for students from the Other Backward
Classes (OBC) category, the Delhi University on Friday announced that it would throw open the “leftover”
seats in OBC category to students of general categories this year. This is in line with the Supreme Court
and the Human Resource Development ministry’s directions, university Vice-Chancellor Deepak Pental
said. He said OBC reservations would be increased to 18 percent for 2009-10 session. The university had
a 9-per cent reservation for OBC category students last year, and many of those seats had remained
vacant since applications fell short of the number of seats reserved. To avoid a recurrence, Dean of
Student Welfare S K Vij said the university would follow the apex court and HRD ministry’s guidelines by
inviting general category students for reserved seats that remain vacant. (Indian express 16/5/09)

Colleges warned against violating quota norms (25)

MANGALORE: Mangalore University Vice-Chancellor K.M. Kaveriappa has said that the university will
take action against degree colleges that do not adhere to the reservation norms while admitting students
from the academic year 2009-10. This applies to autonomous colleges as well. The university will resort
to actions such as denying renewal affiliation to courses and approval for admissions made by the
colleges from the academic year 2010-11 after verifying the admission statements which the colleges
send to the university this year. Hence, the institutions have to strictly follow reservation norms during
admissions this year, he added. He said the university would first look into the extent of violation and then
decide on the action to be taken. The Vice-Chancellor told presspersons here on Wednesday that
students belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes
categories could obtain application forms for admission under “reservation category” from degree
colleges with the university jurisdiction. In case the forms were not available at the colleges, they could
get them at the university campus at Mangalagangotri. If candidates were not able to submit them at the
colleges, they could do so at the university. In turn, the university would send them to the respective
colleges, keeping a record of such applications sent. Announcing the calendar of events for the 2009-10
admission year, Prof. Kaveriappa said all degree colleges should display on their notice-boards details of
the total seats available in each course as well as the subject combinations, on May 23. The details of
seats kept apart for candidates from reserved categories should also be put up. The last date for
distributing application forms was June 10 and the last date for their receipt was also June 10. All
colleges should display a consolidated list of candidates who had applied for different courses in the order
of merit on June 12, he added. He said they should display the first list of admission-eligible candidates
on June 15. This list should be published in the order of merit both combination-wise and reservation
category-wise. The last date for admitting students in the first list was June 20. After that, the colleges
should display a second list of candidates to fill vacant seats. This list should also be published in the
order of merit both combination-wise and reservation category-wise. The last date for admitting students
whose names were on the second list was June 26, he added. He said that according to the reservation
norms fixed by the State Government, of the total seats in a course, 50 per cent would have to be
reserved for students from the general category and the rest for students from reserved categories. Of the
remaining 50 per cent seats, 15 per cent would have to be reserved for Scheduled Caste students, three
per cent for Scheduled Tribe students and the remaining for those belonging to the Other Backward
Classes in the order of four per cent seats for category I; 15 per cent for category II A; four per cent each
for category II B and category III A; and five per cent seats for category III B students. The Vice-
Chancellor said that leaders of AHINDA met him on Tuesday and stressed the need to instruct all degree
colleges to follow reservation norms during admissions. The university will display the details of
reservation to be followed on its website, www.mangaloreuniversity.ac .in. P.V. Mohan, member of the
Mangalore University Syndicate, and Vasudeva Boloor, president, AHINDA, were present. (The Hindu
21/5/09)

Assocham fears new government could ask for quotas in private sector (25)
“Since the issue of affirmative action was kept on margins . The issue would resurface as India Inc is
anticipating that Dr Manmohan Singh, who would become the Prime Minister(for the second term), might
repeat the call for reservation in the private sector,” the chamber said in a statement here. Assocham
President Sajjan Jindal said industry would oppose legislation for reservation in the private sector. But it
would keep on employing people belonging to “downtrodden sections of society”. HR professionals in
manufacturing, hospitality, engineering, automobiles and other labour-intensive industries such as
textiles, and gems and jewellery have started keeping records of SCs/STs and “other backward
communities” employed, it said. The chamber claimed that the private sector “accommodates poorer
sections of society more than what is absorbed by the government and its public sector undertakings”. It
said in a competitive economy, productivity has to be maintained and that cannot be possible “if
reservation is imposed on it”. Business Standard 21/5/09)

Eligibility eased for 551 OBCs (25)

MUMBAI: A year after the UPA government rolled out the quota system, the number of candidates from
the Other Backward Classes (OBC) who queued up to enter the Indian Institutes of Technology in 2009,
ballooned to 1.04 lakh from the 45,000 who had applied in 2007. A swell in exam takers, however, did not
translate into better scorecards in this year's IIT-JEE results. On the contrary, their performance is rather
lacklustre when compared to 2008, which saw 72,116 OBC candidates sit for the entrance exam. All India
Rank 3 (in the common merit list) Gopi Sivakanth may be spoilt for choice as the topper of the OBC list,
but his performance is the exception that tests the rule. OBC aspirants increased by 44.27% as compared
to 2008, and of the 1,930 candidates short-listed to get into the premier tech colleges, 1,398 students did
not need a handicap. But the scores of the remaining 551 candidates had to be relaxed - entry bars were
lowered - by 10%, which is the maximum allowed by the Supreme Court. Last year though, all the 1,134
OBCs who qualified made it to the IIT portals on merit. The success rate of OBCs was 1.57% last year
and that dipped to 1.34% in 2009. "But most students will use the reservation advantage to get into a
better stream,'' said a JEE 2009 chairman. This year, each of the seven old IITs will provide 18%
reservation for the OBCs and the eight younger institutes will have the full 27% reservation. In 2010, all
15 IITs will implement the full 27% OBC reservation. Based on this year's performance, an IIT-Kanpur
faculty predicted that next year, it may be difficult to fill all seats if the trend continues, despite the relaxed
scores. "Many of those who qualified this year will not be in the non-creamy layer and it seems like next
year, many OBC seats will have to be transferred to the general category as they will fall vacant, despite
the relaxation norms,'' he said. The IITs put out a common merit list for general category students, but
separate lists are put out for each reserved category: OBC, Scheduled Caste (ST), Schedule Tribe (ST),
as well as for the physically challenged. The relaxation of scores is done by taking the score of the last
qualified general category student and lowering it by a certain percentage, which varies for each
category: 10% in case of OBCs and 50% for SCs and STs. (The Hindu 26/5/09)

Bainsla all set to revive his fight against ‘new nawabs’ of Rajasthan (25)
JAIPUR: Defeated in the latest Lok Sabha election by a Meena and seemingly farther from his long-
cherished goal of securing coveted Scheduled Tribe status for his community, Gujjar leader Kirori Singh
Bainsla is all set now to revive his agitation which has witnessed much bloodshed and turmoil in
Rajasthan in the past two years. The Gujjars continue to remain divided in their political loyalties and the
arch-rivals Meenas did much better at the polls but the spirit is willing for yet another battle, says the
retired Colonel whose agitation has had few parallels in Central India. “Our demand for Scheduled Tribe
status remains. In the meanwhile, the Congress governments both at the Centre and in Rajasthan should
do something about the Bill passed by the previous BJP Government in the State providing five per cent
special reservation for Gujjars and other small groups,” says Col. Bainsla, already back in the onerous
business of organising the disparate groups of Gujjars. “We will not sit quiet over the reservation issue.
Our action plan would be announced at a Maha Panchayat on June 10,” he says referring to the
proposed gathering of all caste groups over reservations in Mehrabgarh village of Bharatpur. “Our aim is
to get the public ready for 2010 when a national level review of the current pattern of reservation is
scheduled,” Col. Bainsla affirms. “The reservation issue needs a second look. No revision has been
carried out on reservations since the 1960s. We will ensure that a review takes place,” he observes. The
issue concerns all the castes other than a few who enjoy “extra benefits” of reservation, he says,
asserting, “All the caste groups supported me on this issue and it was evident in the election outcome.” “I
was the people’s favourite in the election from Tonk-Sawai Madhopur. My appeal made voters from all
the non-Meena communities cast their votes in my favour,” says Col. Bainsla, who lost to former Union
Minister Namonarain Meena of the Congress by a mere 317 votes. “I did not stoop to the level of
politicians. I kept my chivalry and magnanimity even at the time of polling and did not resort to any
drama,” says he explaining his behaviour at the time of the counting of votes. The election result in the
constituency was announced a day later as a technical snag held up the process. “I was denied justice.
My request for a recount was rejected by the Returning Officer. If a recount was carried out, the real
position would have come out,” says Col. Bainsla explaining the election outcome. Reminded of his
present position as a member of the BJP, Col. Bainsla says the party has several leaders and his stand
on ST status for Gujjars is known to all. “I know that I must abide by party discipline. I would function as
per party diktats yet that would not stop me from taking up my avowed mission,” he warns, adding, “Dr.
Bhimrao Ambedkar was a member of the Congress party but that did not deter him from espousing the
Dalit cause.” Col. Bainsla, who only the other day questioned the wisdom of the Congress Government in
appointing a Meena -- Harish Chandra Meena -- as the Director-General of Rajasthan Police when the
Gujjar-Meena issue was still on the boil, charges that reservations have turned Meenas into “new
nawabs”: “Those who have been enjoying the benefits of reservation over a period have started taking it
as their birthright. After enjoying what is in fact much more than their due, some of the communities have
got swollen-headed and belligerent.” (THe Hindu 27/5/09)

BJP demands 27 per cent OBC quota in Goa’s institutes (25)

Panaji, June 04, 2009: The Bharatiya Janata Party (BJP) on Thursday asked the state government to
strictly implement reservation policy in all the educational institutions and conduct necessary study to
raise its level, in view of the Supreme Court directives for 27 per cent OBC quota. “In view of the Supreme
Court directives to all states to give 27 per cent reservation for OBCs, Goa should make necessary study
and implement the reservation in all segments to raise social standards of OBCs,” Spokesman to BJP’s
Goa Legislative Wing Damodar Naik said in Panaji. “The Education Department should direct all the high
schools as well as higher secondary schools to give 19.5 per cent reservation to Other Backward Classes
(OBCs),” Naik told PTI. He recalled that in 1998 the State government had issued instructions to
implement reservation policy and further in 2007, the circular was amended to adopt 12 per cent
reservation for Scheduled Tribes (STs) in all the institutes. Noting that the Government has already kept
19.5 per cent reservation for OBCs in various sectors like employment, technical institutes Naik said, “In
accordance with the same, the Education Department should issue instructions to all the high schools as
well as higher secondary schools.” (Hindustan Times 4/6/09)

Churches come together to fight for Dalit Christians (25)

MUMBAI: Catholic and Protestant churches in India will be demanding the extension of Scheduled Caste
(SC) reservations to Dalit Christians from the Centre shortly. The Catholic Bishops' Conference of India
(CBCI) and the National Council of Churches in India (NCCI), which comprises the main Protestant
Christian churches in India, will be making demands on behalf of the group. CBCI spokesperson Babu
Joseph said: "The Dalit Christian issue has been ignored by successive governments and we will now be
seeking reservations in government jobs, educational institutions and politics for them from the newly
elected government.''NCCI president Bishop T Sagar said his organisation would join hands with the
CBCI to combat the injustice. The Dalit Christian issue has been in the news for the past 20 years.
Christian leaders said that the poor among the Christians, who were formerly SCs, continue to be
neglected. Reservation has been extended to include Dalits of other religions. According to the leaders, in
Bihar, Kerala, Mizoram, Nagaland and Meghalaya, Christians who have a tribal background can claim the
status. General secretary of the All India Christian Council, Abraham Mathai said, "The state is
discriminating against people on the basis of their faith by not giving reservation.'' (Times of India 5/6/09)

Sharad Yadav faults women’s reservation Bill (25)

NEW DELHI: Janata Dal (United) president Sharad Yadav on Saturday clarified that his party was “not
against empowerment of women” but did not and would not support the women’s reservation bill in its
present form as it would only empower those from the “elite class.” Talking to presspersons here, Mr.
Yadav also “clarified” his statement made in the Lok Sabha on Friday that he would consume poison if
the bill were to be passed saying that he was only citing the case of the Greek philosopher Socrates who
preferred to consume poison given to him rather than change his mind on a principle he believed in. The
JD(U) leader said that in Bihar his party had implemented 50 per cent — over and above the mandated
33 per cent — reservation for women in panchayats but had ensured that women from the weaker
sections also got representation. The bill must empower the poor and the backward women. While Mr.
Yadav talked about a quota within the proposed overall women’s quota of 33 per cent for women from the
Scheduled Tribes, the Scheduled Castes and the Backward Classes, he overlooked the fact that even in
its present form the bill would create a 33 per cent quota for women within the reserved SC/ST seats.
That leaves out only the BCs since the Constitution did not provide reservation for them. The counter-
argument by proponents of the women’s reservation bill in its present form is that the BC sub-quota
demand is a red herring being used to stall the bill. After all, there is no quota of reserved seats for the
BCs and yet almost in all parties they are adequately represented because of their numerical strength in
almost all constituencies throughout the country. Wherever there are constituencies dominated by
Yadavs, Kurmis, the Lodhs or OBCs, parties prefer to field women from these castes if these seats are
reserved for women. (The Hindu 7/6/09)

Uma Bharti wants quota for Dalits, BCs, SCs (25)

NEW DELHI: Bharatiya Janshakti Party president Uma Bharti on Sunday demanded quota for Dalits,
Backward Classes and Scheduled Tribes in the women’s reservation bill. Talking to journalists after her
party’s national executive meeting, Ms. Bharti said she would launch an agitation against the parties
opposed to earmarking quota for women of weaker sections and BCs in the bill. Extending support to
JD(U) president Sharad Yadav’s demand for empowering BC and ST women, she said Mr. Yadav should
not feel “apologetic” about his views. Ms. Bharti found fault with both the Congress and the BJP for not
including women from the BCs and the STs in their organisations. (The Hindu 8/6/09)

Quota for Muslims is a double-edged sword: Khurshid (25)

New Delhi In contrast to predecessor A R Antulay who maintained a studied silence on the the issue of
reservation, newly-appointed Minority Affairs Minister Salman Khurshid has called quota for Muslims a
“double-edged sword” which could create “envy, hostility and resistance”. He has instead advocated
affirmative action as a tool to “inject an ability to compete” rather than make them “constant beneficiaries
of additional help”. In an interview to The Indian Express, Khurshid said it was time to explore “angles”
other than reservation. He said it was his intention to roll out some “quick impact” schemes and fine-tune
delivery of recommendations made by the Justice Rajinder Sachar committee. “You don’t want to try and
please somebody and not get them the comfort of actually getting any relief. I think it is much better to get
substantive relief, substantive opportunity rather than stick your mind only on one particular way of doing
it.” “If you can get them what they want by another method... what they want is opportunity, why should
we just follow a standard line of reservation. There may be a better way. If there isn’t then, we will come
back to discussing reservation. Let us look at other angles,” Khurshid said when asked about
implementation of the Ranganath Mishra committee report which he maintained he had not read. “I don’t
think we have clarity on reservation. There are expectations and demands for reservation of all kinds... I
think what we need to do is look at affirmative action a little more seriously. Reservation is a double-
edged sword for Muslims. Must not do anything that creates envy, hostility and resistance,” he said. His
comments come at a time when there is a clamour among Muslim organisations for implementation of the
Ranganath Mishra Committee report which suggested, among other things, 15 per cent reservation for
minorities (of this 10 per cent should be for Muslims) in education and employment. The report has been
gathering dust at the Minority Ministry for the last two years. The Mishra commission for religious-
linguistic minorities had also demanded SC status for Dalit Christians and Dalit Muslims. Khurshid said it
was time to “look at affirmative action a little more seriously” with a view to “inject an ability to compete
rather than becoming constant beneficiaries of additional help”. In this context, he said the list of
institutions, where scholarships would be awarded, should be expanded to include some outstanding
private schools as well. “The biggest scheme is scholarship. But the scholarship today is largely
empowerment scholarship... I think we need to have greater emphasis on excellence. We don’t want to
fall into the Macaulay trap of creating clerks. It is important to move from being peons to being clerks. But
we want to make CEOs as well,” he said. Besides fine-tuning implementation of the Sachar committee
recommendations, he said his immediate priority would be to identify some “quick-impact” schemes like
setting up big medical centres and universities in rural areas. “If you come up with a housing project in
Bhadohi it will have an impact, identified clearly as an outcome of our efforts to implement the Sachar
committee report. I think a major big hospital in eastern Uttar Pradesh will have an impact... A hospital is
not going to treat Muslims only, it will treat everybody. But there will be a sense, if it comes, that Muslims
are not just asking, but they are giving,” he said. “Whatever we do must convince people that it is effective
and it has an impact. It should not be and must not appear to be window-dressing to fulfill some goody-
goody behaviour expectations. It must have grassroot impact,” he added. (Indian Express 8/6/09)

Government mulling constitutional status to minorities panel (25)

Minister of State for Minority Affairs Salman Khurshid Thursday said the government was considering
giving constitutional status to the National Minorities Commission and would decide on reservation for
Muslims after studying the Andhra Pradesh and Kerala models. 'We want to give the minorities
commission a constitutional status and will try our best for that,' Khurshid told reporters after a meeting
with the commission members. Asked about reservation for Muslims, Khurshid said: 'We keep on getting
such demands. We will see it within the constitutional framework. 'We are studying the models of Andhra
Pradesh and Kerala. And we might adopt it,' he added. In Andhra Pradesh there is four percent
reservation for Muslims who are recognised among the Scheduled Castes and Scheduled Tribes, while in
Kerala, the quota is 12 percent across the board.On providing scholarships to Muslim students, the
minister said the Sachar Committee appointed by Prime Minister Manmohan Singh in 2005 to study the
socio-economic condition of Muslims in India had spoken about affirmative action and the government
was working on it.He refused to comment on granting minority status to the Aligarh Muslim University and
Jamia Millia Islamia University. He only said: 'The matter is sub judice.' (India E-News 11/6/09)

Implement Mishra panel report: LJP (25)

NEW DELHI: The Lok Jan Shakti Party (LJP) on Wednesday urged the government to table in Parliament
the Ranganath Mishra Commission report recommendations along with the Action Taken Report. In a
statement, the LJP said the Commission, appointed by the previous United Progressive Alliance
government, is reported to have recommended 15 per cent reservation for minorities in employment and
higher education. The party expressed its “disappointment” over the reported observations of Union
Minority Affairs Minister Salman Khursheed that the Constitution did not permit reservation to any group
beyond Scheduled Castes, Scheduled Tribes and Other Backward Castes and as such there was no
quota for religious communities. (The Hindu 11/6/09)

On Women’s Bill, Nitish quietly disagrees with JD(U) (25)

New Delhi: Not too long ago, JD(U) colleagues Nitish Kumar and Sharad Yadav were united in their
demand of a sub-quota for “deprived, marginalised” women in the Women’s Reservation Bill. Today,
however, as party chief Sharad Yadav continues his bitter opposition, the Bihar chief minister, it is learnt,
does not want to be seen as opposing the Bill, if not actively supporting it. There’s a vigorous debate in
the party fuelled by Kumar himself and a meeting of the JD(U) national executive is likely to be called to
settle it. Sources said Kumar called up his party MPs to say that his views on the Bill had “changed” and
that he does not want to be seen as “anti-women.” Said one MP who received the call: “He said his
opinion on reservation for women has changed. I told him he should talk to Sharad Yadav so the party
comes out with a clear stand.” When contacted, Kumar was diplomatic: “I will not say anything now. Let
the government come up with the form of the Bill it wants to table and then I will give my opinion”. When
pressed to comment on Yadav’s sub-quota demand within the Bill’s 33% quota, Kumar said: “I will not say
anything beyond what I have said. However, it is a matter of satisfaction for me that the Centre has
adopted the Bihar model and proposed to reserve 50% of seats in rural and urban bodies for women”.
This is a reference to the 50% reservation for women in panchayats in Bihar which, indirectly, provides for
“caste-based” reservation. The formula ensures that 50% of the seats in each category (SC: 16%,
Extremely Backward Classes: 20 %, ST: 1 %) goes to women. Of the 20% of Panchayat seats reserved
for EBCs, for example, 50% has to go to EBC women. “Politics has changed since Mandal. Nitish’s
government has implemented not 33% but 50% reservation for women. How can he oppose the Bill?”
said another JD(U) MP who discussed the issue with Kumar. “If the constituency is backward-dominated,
then we will field a woman who represents that group,” said the MP. He cites the Bihar example in this
Lok Sabha. “Two of the three women JD(U) MPs are from OBC category,” he said, “when there was no
reservation.” (Financial Express 12/6/09)

Cong women's wing to rally for reservation bill (25)

MUMBAI: The women's wing of the Congress has decided to hold a major rally at Azad Maidan on Friday
to mobilise support for the women's reservation bill. The bill is expected to be introduced in the next
session of Parliament but is facing resistance from certain political parties. Congress spokesperson
Krishna Hegde said its city Congress women's wing president Janet D'Souza, MLA Annie Shekhar and
ex-mayor Nirmala Samant would address the rally. "We want to start a consensus campaign for the bill
and expect a good turnout of supporters on Friday,'' he added. Medha Nanivadekar, president of
Bharatiya Stree Shakti (BSS), said, "We want the government to clear the proposal." (Times of India
12/6/09)

Quota students face problems (25)

NEW DELHI: On an average, 50 to 70 students from the SC and ST categories have been approaching
the office of the dean, students welfare (DSW) of Delhi University since June 1 with problems regarding
submission of admission forms. While other students need to furnish their original certificates on June 26,
the SC and ST students have to submit them along with their forms and those students without original
certificates have been facing problems. According to DSW S K Vij, the problem has cropped up because
of non-availability of CDs of results of various boards. "The students have to submit their original
certificates and not those downloaded from the internet. We are having problems accepting the
downloaded certificates as the boards have issued a disclaimer that they are not responsible for any error
in the certificates. So how can we accept the printouts?'' According to the DSW's office, CBSE, ICSE and
state boards of Uttar Pradesh, Punjab, Haryana and Nagaland have submitted their CDs for the benefit of
the students. But states like Bihar and institutes like National Institute of Open Schooling (NIOS) are yet
to furnish their CDs, which is causing problems for the students. States which are yet to submit their result
CDs include Rajasthan, Uttaranchal and Madhya Pradesh, among others. According to deputy dean of
DSW, Gurpreet Tuteja, the university invited all the resident commissioners for a meeting before the
admission process started and have again sent a reminder. "There are two ways, either the students
show their original certificates or get it verified from the respective state's resident commissioners in
Delhi. We at DSW would have verified and attested the certificates had the CDs been furnished to us. It is
unfortunate, but the students are suffering due to the callous attitude of their respective states.'' (Times of
India 12/6/09)

Quota bane for rebels (25)

Patna, June 12: Few would have considered Laxmi Devi, 35, a land-less Dalit woman surviving on
manual labour, as leader material, till the government reserved a seat for the likes of her in panchayats.
But Laxmi did become the mukhiya of Sakardas (Gaya) two years ago. A fewer still realised the impact
which a decision taken by the Nitish Kumar-led government to reserve 50 per cent seat in local bodies for
women and introduce a “quota-within-quota” for SC, ST, EBC and OBC women would have. While the
suddenness of the decision caught the militant “upper-caste” Rajputs, who occupied the post of the
Sakardas mukhiya for five decades, unawares, Dalits, serving as Maoist cadre, hurried to select a
candidate. The cheerful wife of a relatively vocal labourer, Wakil Ram, emerged as the community’s
choice for the post and Laxmi won. Initially, Laxmi worked under the tutelage of her husband who
officiated with the sobriquet “mukhiya pati” (mukhiya’s spouse). However, she came into her own
eventually while dealing with the administration and block officials and scheme enforcing agencies. In two
years’ time Laxmi emerged as a testimony to what empowering people at the grassroots can do for a
government. Sakardas panchayat, comprising 4,000 residents and divided into Nawada, Kobwa, Gharya,
Majhauli and Sakardas villages, is now almost free of Maoists, a group that dominated there for three
decades. Laxmi, hailing from Mathura Tola, a part of Kobwa where only Dalits live, got all 200 Dalit
families registered under the BPL list entitling them to free grain and employment under the NREGS. “It is
now difficult to draft youths in the cadre with them getting work elsewhere,” said Vinit Rai (name
changed), a central committee member of the CPI(Maoist), Anthropologist Vijay Kumar Singh told The
Telegraph: “As far as I see, empowerment of the weak and women is the single-most important factor to
decrease Naxalite clout. Laxmi replaced Kranti Singh, a land-owning Rajput, as the mukhiya and became
an easier link between the people and the government machinery.” The transfer of political power from
the feudal class to the weaker sections gave the rest of the weaker sections a feeling of being
empowered.” At the presidential address to the joint Houses of the Parliament Manmohan Singh talked of
the “Bihar model” of quota at the grassroots all across the country. “The measure if adopted will go a long
way in establishing peace and prosperity in hinterlands. After all, Prime Minister Manmohan Singh has
described Naxalites as the biggest threat to internal security,” Singh said. (Telegraph 13/6/09)

Paswan opposes women's bill in present form (25)

New Delhi (PTI): The LJP on Sunday joined the bandwagon of parties opposing the Women's
Reservation Bill in its present form and demanded provision for "sub-quota" for dalits, backwards and
minorities. "Such reservation should have provision for sub-quota for dalits, backwards and minorities.
LJP would support changes to this effect in the proposed legislation for reservation for women in
parliament and state legislatures," party chief Ram Vilas Mr. Paswan told reporters here after chairing the
national executive meeting of the party here. The stand of the LJP, which could not open its account in
the recent Lok Sabha elections and has just one Rajya Sabha MP, is in sync with the position taken by
Samajwadi Party and RJD led by Lalu Prasad, which are also opposing the Bill in its current format while
demanding sub-quota for these sections. Mr. Paswan's party, which adopted a resolution on the
reservation issue today, had fought the last Lok Sabha election in alliance with the two parties. Mr.
Paswan also sought an end to the use of Electronic Voting Machines (EVMs) in the elections and
favoured reverting to the old system of polling through ballot papers. "The US which had implemented
EVM went back to ballot papers. In our 543-member parliament itself, EVM does not work properly. How
will it work well for crores of voters? We came across lots of complaints about manipulation of EVM in
elections and demand its discontinuance," he said. (The Hindu 14/6/09)

SC comes down on judicial activism (25)

New Delhi: Judicial activism in medical college admissions has reached the Executive turf, the Supreme
Court has observed. Concerned over the growing cases relating to medical college admissions coming
before it, a Vacation Bench of Justices B Sudershan Reddy and Aftab Alam on Tuesday said courts had
begun fixing admission calendars and monitoring admissions to each and every college — all clearly
outside the judicial realm. “Laying down the policy is one thing, but monitoring admissions to each and
every college, we think, is not judicial function,” the Bench stated. The comment came on an application
filed by the Centre complaining against the Punjab Government’s refusal to abide by the 50:50 seat-
sharing agreement for MDS courses. Of the 18 seats available at Baba Faridkot University of Health
Sciences in Punjab, the Directorate General of Health Sciences (DGHS) alleged that it was given a seat
short of its 50 per cent all-India quota. Seeking an order against the university to admit two students
under all-India merit list for MDS course, the DGHS cited a May 26 order passed by the SC wherein
permission was given to fill seats by June 20. Expressing anguish over such matters being dragged to
courts, the Bench said, “We have great reservation about this… what is this? We are fixing admission
calendars, monitoring admissions.” The DGHS pointed out that the apex court had in the Mridul Dhar
case ordered all admissions to be closed by May 31. Maintaining that the order only set down a uniform
policy of admissions, it held that no scope of further litigation should be entertained. Giving the applicant a
lease of life, the court posted the matter for Wednesday along with a batch of similar matters. Another
occasion for the Bench to lose its cool came on an appeal filed by two persons who lost their chance to
become District Fisheries Officers in Haryana on account of age stipulations set by the State
Government. The two candidates, Sikander Singh Sangwan and Yashpal, argued that the Punjab &
Haryana High Court had failed to consider their plea to increase the age limit to 45 years as the State
advertisement had arbitrarily fixed the cut-off at 40 years. Dismissing the case, the Vacation Bench held,
“How can this court direct any employer to relax age to 42 instead of 40 or 38 instead of 40?” The
problem got compounded when the counsel for the petitioners suggested that courts had passed orders
relaxing age conditions in the past. Maintaining that as a matter of principle, courts cannot take on a
strictly administrative task, the Bench said, “Who confers this discretion on the courts and under what
jurisdiction do they do it?… If they are still doing it, they are doing an illegality.” (Pioneer 17/6/09)

UP govt announces sops for Dalits (25)

LUCKNOW: The Uttar Pradesh govt decided to give 21 and two per cent quota for SCs and STs in
contracts for construction work worth up to Rs 5 lakh each of various authorities and corporations in the
state. The move, seen as an initiative to woo the Dalit vote bank, was announced by chief minister
Mayawati. Mayawati, who presided over a cabinet meeting earlier in the day, said a similar arrangement
is being implemented in other government departments and the education sector. She said the 21%
reservation for the Scheduled Castes and the 2% to Scheduled Tribes would be extended in construction
contracts worth up to Rs 5 lakh being carried out by working divisions of various departments,
corporations, enterprises, authorities and parishads. The chief minister, who has been working for
development of identified Ambedkar villages all over the state, further said her cabinet has also decided
to do away with the earlier practice of identifying new villages every year. The government would
concentrate on maintenance and upkeep of the 2,000 identified Ambedkar villages, she said. "It has been
seen that despite taking up the development of the Ambedkar villages, their maintenance and upkeep
had not not been up to my expectations," Mayawati said. Emphasis would be given on Dalit localities
while constructing roads and taking up other development activities, she said. (Times of India 25/6/09)

Now, SC/ST quota for contractors in govt works (25)

Lucknow: With the Dalit agenda high on her mind after BSP’s debacle in the Lok Sabha elections, Chief
Minister Mayawati on Thursday announced reservation for Scheduled Castes (SC) and Scheduled Tribes
(ST) contractors in government works with estimated expenditure up to Rs 5 lakh. The decision was taken
at a meeting of the state Cabinet. Addressing mediapersons after the meeting, Mayawati said that 21 per
cent of tenders involving government works up to Rs 5 lakh will be reserved for contractors from SC and
two per cent for those from ST. The reservation will be applicable to all departments, government
undertakings, corporations, local bodies and councils. Meanwhile, Mayawati expressed her dissatisfaction
over development works being carried out in Ambedkar villages. “I have noticed that it is difficult to
maintain the development works undertaken in these villages. The works do not match my vision,” she
said. The government has, therefore, decided that instead of selecting new Ambedkar villages, it will
choose 2,000 from the existing ones for undertaking new development works like electrification, rural
sanitation, link roads and drinking water. These villages are also supposed to get facilities like primary
school building and drainage system on a priority basis. “In the first phase, the government will construct
cement concrete roads in these 2,000 villages,” said Mayaw-ati. Community centres named after Dr B R
Ambedkar will also be built in these villages. Besides, the Cabinet has also approved a proposal for the
installation of solar sodium street lights in 10,000 Dalit bastis. (Indian Express 26/6/09)

Dalit, Muslim bodies for sub-quota for women in bill (25)

New Delhi: Contending that the Women's Reservation Bill in its present form will benefit only those from
affluent sections, Dalit and Muslim bodies demanded a sub-quota for women from weaker sections to
ensure fair representation. At a convention in New Delhi, representatives of the All India Milli Council, the
Muslim Welfare Organisation, Dr B R Ambedkar Sewa Dal and Samajik Nyay Morcha among others said
a quota without a sub-quota will augment inequalities in the country and fail to serve its purpose. "While
we welcome the proposal of reserving seats for women, we strongly believe there should be a provision
for ensuring that Muslim and Dalit women, who are the most backward in the country and need
representation, get their due share in proportion to their population," said Manzoor Alam, General
Secretary, All India Milli Council. Alam said in its present form, the bill will further strengthen and empower
"the already educated and economically empowered ladies" and those who belong to families with
political background. Observing that women are not a "single entity" in themselves, Archana Singh of the
Dr B R Ambedkar Sewa Dal said women were themselves divided into weaker and empowered sections.
"While 33 per cent quota will help women from the upper caste enter Parliament, how will it ensure
representation of those from the most backward classes," she asked. Noting that Muslims have been
"historically under-represented" in the Indian Parliament, S R Ilyas of the Muslim Personal Law Board
said: "in the present Parliament itself representation of the community is 50 per cent of the proportion of
their population". (Indian Express 27/6/09)

RJD seeks credit for quota in judiciary (19)

PATNA: The Nitish Kumar-led NDA government's move to provide reservation to Backward Classes in
Bihar judicial services has triggered off a tug of war between the NDA and RJD to take credit for it. "We
welcome the move but it is neither new nor historic. Actually the process of reservation in judiciary began
way back in 1991 when we introduced `Bihar Reservation of Vacancies in Posts of Services
(SC/ST/OBCs), 1991' in which we included Section 4 providing for reservation to SCs, STs and backward
classes in subordinate and superior judicial services," said former law minister and senior RJD leader
Shakeel Ahmad Khan. He said the amended Act was challenged in the Patna High court and annulled.
"We moved the Supreme Court where the matter was referred to a five-judge Constitutional bench. The
majority judgment in the case `State of Bihar Vs Bal Mukund Sah', given on March 14, 2000, maintained
that the state government can introduce quota in judicial services provided the rules are framed and
subject to the approval of the honourable high court," Khan said. He said the RJD regime framed the
rules and sent it to the high court for its approval but the same were turned down, he said. Khan also said
that RJD chief Lalu Prasad was instrumental in getting the Mandal Commission recommendations
implemented in the state. "If the Nitish government is implementing the reservation in judiciary, it has
become possible because of the ground work done by the previous regime," he said. The mood in NDA
camp was upbeat. State BJP president Radha Mohan Singh, while welcoming the move, said that it was
surprising that the quota in judiciary had been introduced in so many states but not in Bihar. "This proves
that the NDA government is the true champion of social justice and that the Lalu-Rabri regime's claim in
this regard was hollow," Singh said and added it was the government led by Nitish and Sushil Kumar
Modi which was instrumental in giving reservation to EBCs in panchayats and local bodies. JD(U) MLA
Dr R R Kanojia described the government decision as historic and revolutionary. He said it will ensure
representation of weaker sections of the society in the judiciary. The Upekchhit-Atyant Peechhra Warg
Sangh also hailed the decision. Former CM Dr Jagannath Mishra, while welcoming the decision, said the
Karpoori Thakur formula on reservation in judicial services should be implemented. (Times of India
27/6/09)

Women’s quota Bill: The debate continues (25)

New Delhi, June 27, 2009: Adding a strident note to the Women’s Reservation Bill debate, a large
number of Muslim leaders — including women — on Saturday exhorted Muslims, Dalits and minorities to
“take to the streets” to stop passage of the Bill in its existing format. “There is no meaning of 33 per cent
reservation for women. We must get 50 per cent reservation,” said Archana Singh, secretary general of
the BR Ambedkar Sewa Dal. Prof Hasina Hashia of Jamia Millia Islamia said, “The Bill in its present
form... will only benefit those women belonging to the upper caste and upper economic class. We have to
strive for reservation for Muslims whose status is even lower than SC and ST today.” Shahi Imam of
Fatehpuri Masjid Mufti Mohammed Mukarram, said: “We must have quota within quota in the Women’s
Reservation Bill.” The convention was organised by All-India Milli Council. (Hindustan Times 27/6/09)

Paswan demands revision of budget allocation for SC/ST (25)

New Delhi, July 11, 2009: Claiming that the allocation for SC/ST has come down in the Union Budget,
LJP chief Ram Vilas Paswan today demanded that UPA government revise it and made a strong pitch for
reservation in private sector. "In the union budget for 2009-2010, the budget allocation for SC/ST has
gone down even from the last year's budget. The government should revise it," Paswan said giving
figures of money sanctioned for different schemes for the SC/ST in the budget. The LJP chief, who also
heads National Dalit Front, went a step further and demanded that "money should infact be allocated to
SCs and ST as per the Special Component Plan (SCP) in accordance with their population ratio as
envisaged by former late Prime Minister Indira Gandhi." He said that money allocated for SCs and STs in
this budget was about 8 per cent of the total amount of plan and non-plan expenditure while it should be
24.2 per cent in accordance the population of SC/ST in the country. Paswan also batted for quota in
private sector and demanded replacing the existing system of Government Order for reservations in
government jobs with an Act, introducing punitive measures for those defying the norms. He said that the
government should take up these issues in its 100-day agenda and move towards implementing them
expeditiously failing which NDF will launch agitations and rallies across the country. "NDF demands the
Centre should implement reservation in private sector, which was a promise made in the Common
Minimum Programme of last UPA government. Government should expedite the process for it now," he
said adding RJD chief Lalu Prasad and SP chief Mulayam Singh Yadav will support it. Demanding an Act
for reservation, Paswan said,"the existing reservation is not being properly implemented in the absence of
codified law. Government should take steps for making Reservation Act." Reservation Bill was introduced
in Rajya Sabha in December 2004. However it could not be passed in Parliament under the previous UPA
government after objections were raised to certain clauses of the bill. Paswan also sough constitution of
an All India Judicial service in order to reach reservation benefits to SC/ST in the judiciary. He also
sought formation of a National Judicial Commission with representation from all sections to monitor
appointments and conduct of judges. The Front also cautioned the Centre on its proposed disinvestment
plan saying it "will finally push PSUs into the hands of private players and resultantly it will dilute
reservation".Meanwhile, RPI chief Ramdas Athawale said he will meet Planning Commission Vice
Chairman Montek Singh Ahluwalia over the issue of implementation of SCP for the benefit of SC/ST
communities. (Hindustan Times 11/7/09)

Paswan demands reservation in private sector (25)

NEW DELHI: The former Union Minister and National Dalit Front (NDF) president, Ram Vilas Paswan, on
Saturday warned of a fresh movement if the demand for reservation in the private sector was not met
immediately. Mr. Paswan told journalists that the NDF held a meeting and decided to stage a
demonstration before Parliament when it meets next, to pressure the government to pass the necessary
law to enforce reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Castes. At the
NDF meeting, concerns that the bill drafted for the purpose had been put in cold storage under one
pretext or the other, were expressed. Mr. Paswan demanded that the constitutional provision for
constituting an All India Judicial Services should be honoured to ensure the participation of dalits and
adivasis in the higher judiciary. The NDF said it was against the proposed disinvestment of public sector
undertakings (PSUs) as it would harm the SCs, STs and the OBCs. Once PSUs got into private hands,
the reservation provided would lapse, depriving these sections of their constitutional rights. Mr. Paswan
said the budgetary allocation for SCs, STs had gone down considerably, against the prescribed norm
under the Special Component Plan. (The Hindu 12/7/09)

Students allege violation of quota (25)

KURNOOL: Students, led by BC, SC, ST and Minorities Vidyarthi Samakhya, staged a demonstration
alleging violation of rule of reservation in admission to degree courses in KVR Women’s College here on
Monday. Samakhya State president Laxmi Narasimha said the college authorities did not follow the roster
but filled the seats according to their wishes. The union planned to launch an agitation highlighting the
lapses in the admissions. Meanwhile, school students led by the samakhya organised dharna at the
Collectorate urging the authorities to sanction scholarships. The union leaders said the government
promised to give scholarships to BC students on par with minority and SC, ST students on the eve of
election. But the promise was yet to be honoured. The students who spotted MLAs E. Pratap Reddy and
L. Venkat Swamy on their way to Collectorate gheraoed them. The MLAs asked the students to call off
the agitation and promised them to take up the matter with the government. Later, the MLAs represented
the matter to the Collector also. (The Hindu 14/7/09)

Students protest job quota in railways (25)

BETTIAH: Hundreds of students marched down to the Bettiah railway station on Saturday to protest the
state-wise reservation policy mooted by railway minister Mamata Banerjee. The students intended to
disrupt the movement of superfast Saptakranti Express (Muzaffarpur-Delhi) which was scheduled to
arrive at 11.30 am. However, due to the timely intervention of West Champaran DM Dilip Kumar, the
movement of the train was not affected. Although the arrival of the train was delayed by almost an hour,
the movement of the train was normal even in the presence of protesters at the railway station and the
waiting crowd of passengers had no trouble in boarding the train. The DM had made elaborate security
arrangements at the railway station. On the arrival of the train, the DM himself ensured safety of
passengers. The students boarded the engine and raised slogans against Mamata and the reservation
policy. However, they vacated the station premises as the security was being monitored by the DM
himself. Other trains, too, maintained their scheduled timing. No untoward incident was reported from
anywhere. (Times of India 19/7/09)
Bhujbal wants OBC quota in judiciary (25)
Mumbai: Deputy chief minister Chhagan Bhujbal has now demanded reservation for Other Backward
Class (OBC) in the judiciary. In a letter sent to chief minister Ashok Chavan, Bhujbal has demanded a
government resolution with immediate effect for reservation for the post of government pleaders and first
class metropolitan magistrates. In the letter, Bhujbal has stated that the demand is according section 312
of the Constitution of India. "We have nearly 800 posts of government pleaders and their assistants and
the appointments on these post should be done by giving reservations to the OBCs. Other states like
Bihar, Karnataka and Tamil Nadu have already implemented the the reservation and Maharashtra should
follow suit immediately by issuing a GR," said Bhujbal. A delegation of the advocates representing the Bar
Association of the Aurangabad Bench of Bombay High Court had a meeting with Bhujbal. "There has
been a misconception that since the government pleaders are not the employees of the government, the
reservation under the Maharashtra State Reservation Act is not applicable to them. But we brought to the
notice of the deputy chief minister that since its an appointment of the government, the category of the
advocates should get the reservation like others states like Karnataka, Tamil Nadu. Bihar has introduced
it in last week," said Hari Narke, head of the department of the Mahatma Phule chair, Pune University. He
also was part of the delegation that met Bhujbal. Narke said that the percentage of the government
pleaders at district level is merely 8% as even SC/STs have no reservation for these posts. "It is ironical
that the representatives sent to the Supreme Court from the state in the past 60 years are miniscule in
number as perhaps a certain class has made it their monopoly. We don't mean to compromise on the
merit, but demand implementation keeping Maharashtra's track record of being the first state to bring in
the reccomendations of Mandal Commission," he added. (DNA 20/7/09)

“Job quota for women not a violation of Constitution” (25)

CHENNAI: The provision for reservation of 30 per cent of posts for women in the Tamil Nadu State and
Subordinate Services Rules is in consonance with Article 15 (3) and cannot be said to be in any way a
violation of Article 16 (2) of the Constitution, the Madras High Court said on Thursday. Dismissing a writ
petition challenging the reservation, the First Bench, comprising Chief Justice H.L. Gokhale and Justice
D. Murugesan, said that it did not find any substance in the petition. Rule 21 of the Tamil Nadu State and
Subordinate Services Rules, was fully constitutional. In his petition, G. Vijayaraghavan of Tirumangalam
here, a law graduate, who belongs to the Most Backward Caste (MBC), submitted that he desired to enter
government service as a Group-I officer. In August 2007, the Tamil Nadu Public Service Commission
issued an advertisement in a Tamil newspaper for various posts. It provided 30 per cent reservation for
women. In the main examination, the cut-off mark for men (MBC) was fixed at 196.5 and for women, 180.
The petitioner said women with lesser marks could get selected, denying the posts for male candidates
with higher marks. Reservation for women denied the fundamental right of male candidates to be
considered for the vacancies reserved for women. It was illegal and unconstitutional as Art.16 (2)
prohibited discrimination exclusively based on sex. The authorities submitted that Art.15 (1) laid down
prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. The very provision
provided in sub-Article (3) that the State could make special provisions for women and children, socially
and educationally backward classes and Scheduled Castes and Scheduled Tribes, and that such
provision shall not be affected by any other provision in Art.15. The Bench said the Supreme Court had
held that since Articles 15 (1) and 15 (3) went together, the protection of Art.15 (3) would be applicable to
employment with the State falling under Articles 16 (1) and 16 (2) (equality of opportunity in matters of
public employment) of the Constitution. Recently, in another case, the Supreme Court had reiterated that
Art.16 was limited in its scope than Art.15 since it was confined to office or employment with the State
whereas Art.15 covered the entire range of State activities. (The Hindu 25/7/09)

Gujjars’ ultimatum to Rajasthan government (25)

JAIPUR: A massive “mahapanchayat” of Gujjars, seeking the Scheduled Tribe status for reservation,
which began at Penchla Mod hamlet near Hindaun town in Karauli district of Rajasthan on Sunday
morning, was converted into a three-day “mahapadaav” (grand siege) by evening with an ultimatum to the
State government to settle the issue. Gujjar Aarakshan Sangharsh Samiti convenor Kirori Singh Bainsla
announced at the gathering that though the mahapadaav would be peaceful, the onus was on the
government to get the Bill for special reservation to Gujjars cleared by the Governor. No untoward
incident was reported at the venue. Col. Bainsla, who unsuccessfully fought the recent Lok Sabha
election on the BJP ticket from Sawai Madhopur, said he would stay at the mahapadaav for the next 24
hours and wait for a “clear-cut response” from Chief Minister Ashok Gehlot. Gujjar leaders fanned out to
villages in the region asking the people belonging to the community to join the mahapadaav in large
numbers. Reports reaching here said the number of people joining the grand stay was gradually
increasing by late evening. Those attending the conclave held under tight security cover at the Penchla
Mod ground, about 10 km from Hindaun, observed a two-minute silence to pay homage to the youths
killed during the community’s violent quota agitation during 2007 and 2008. The second-rung community
leaders affirmed that the siege would continue until the Gujjars got their “rightful due.” Mr. Gehlot
reviewed the law and order situation at a meeting with senior police and administrative officers at his
residence here, even as jawans of the Rajasthan Armed Constabulary, the Rapid Action Force and the
Special Task Force were keeping vigil at the site. Mr. Gehlot sent Energy Minister Jitendra Singh to
Bharatpur and Minister of State for Waqf Amin Khan to Dausa in an attempt to find new channels for
dialogue with the Gujjar community. Prohibitory orders have been in force since Saturday in Karauli,
Dausa, Dholpur, Bharatpur and Sawai Madhopur districts as well in some rural belts of Jaipur district.
Describing Col. Bainsla as a “BJP leader rather than a community leader”, Mr. Jitendra Singh appealed to
him to change the decision for holding the mahapadaav and come to the negotiation table to voice his
grievances. The government, in a special appeal issued through local dailies, pointed out that the
previous BJP regime had added a provision for 14 per cent quota for economically backward classes in
the Bill for 5 per cent reservation for Gujjars and certain other tribes. “We all know that this additional
reservation cannot be given without an amendment to the Constitution,” said the appeal. Meanwhile, BJP
State president Arun Chaturvedi demanded that the government “convince and pursue” Governor S.K.
Singh to give his assent to the Bill on reservation passed by the Vasundhara Raje regime last year: “The
ruling Congress, rather than acting as an agent of the Governor, should get the Bill cleared from the Raj
Bhavan without delay.” Mr. Chaturvedi told reporters that the BJP would not agree to any amendment to
the Bill for changing the percentage of reservation to the tribes and EBCs if the Governor opted to send it
back to the Assembly. The Governor is likely to return here on Monday after treatment abroad. (The
Hindu 27/7/09)

Gujjar echo disrupts Assembly (25)

JAIPUR: The revival of the contentious issue of Scheduled Tribe status for Gujjars had its echo on
Monday in the Rajasthan Assembly which witnessed unprecedented scenes and unruly behaviour by
members. The House was adjourned as many as four times and the Speaker called out the Marshal and
the watch and ward staff to stop Opposition members from climbing on to his podium and snatching the
papers on his table. As Leader of Opposition Vasundhara Raje sat in silence, the BJP MLAs, shouting
anti-government slogans, grappled with the watch and ward personnel. Some of them hit the policemen
who tried to stop them from heading towards Speaker Deependra Singh Shekhawat and while some
others, including Gyandev Ahuja who was thrown to the floor by the Marshal, were repulsed by the staff.
The Assembly staff reporting the proceedings of the House was unseated by a few MLAs who got on to
the top of their table to shout slogans. After the House was adjourned for the day at 2-57 p.m., the BJP
MLAs continued to sit in the well of the House protesting against the “undemocratic way” the House was
being run by the Congress. Speaking to journalists after the final adjournment, Ms. Raje said the group
would stay put in the House at night as well. “There has not been a single attempt all these days from
Chief Minister Ashok Gehlot to start a dialogue with the Opposition,” she said. The developments took
place at 2-34 p.m. after the fourth adjournment when the Speaker sought to take up the business of the
demands of the Police Department and for tabling of the Appropriation Bill. Among the watch and ward
personnel there were a good number of policewomen also who tried to block women MLAs who were in
the well. Deputy Leader of the Opposition Ghanshyam Tiwari later complained of police mishandling the
women MLAs. While the ruling party’s “autocratic and authoritarian” ways were mostly the theme for
relentless sloganeering by the BJP MLAs, Governor Shailendra Kumar Singh too became the target
occasionally for his alleged role in holding up the reservation Bill -- passed by the previous Government
according 5 per cent reservation to Gujjars and a few other communities under the special category. Till
late in the evening the MLAs were inside the House. Attempts by Congress leaders to convince the
Opposition to call off their sit-in did not work. (The Hindu 28/7/09)

Contempt petition against state for forcing quota (25)

LUCKNOW: The high court asked the UPTU registrar and secretary, education department, to file their
response on a contempt petition moved with allegation that despite stay order the state government was
forcing the petitioner that is private engineering colleges to implement 50% reservation for SC/ST and
OBC in admission. Justice Sanjai Mishra fixed August 4 for next hearing of the case. Ram Swaroop and
Ram Murthi Engineering Colleges moved the petition stating that division bench of the court had
restrained the government from implementing 50% quota in their respect but still the government was
forcing them to do so. Bail to arson accused rejected: Bail pleas of two accused, involved in torching the
house of UP Congress president, Rita Bahuguna Joshi on July 15, have been rejected here on Tuesday.
SC/ST judge, Satish Chandra Singh rejected the application of accused Zamir Khan, while judge Anil
Kumar turned down the plea of Inder alias Pappu. The two were arrested along with three others on the
allegation of involvement in the case lodged by complainant, B R Saroj with Hussainganj police. The
accused pleaded in their bail application that they were innocent and have been falsely implicated. They
are not BSP workers and just to save three culprits they have been challaned in the case. It was also said
that there was no evidence against them and their names figured in the case on the statement of co-
accused, which is not admissible. Maintenance of city parks: The high court has restrained the Lucknow
Development Authority (LDA) from transferring 25 parks of the city to non-governmental agencies for their
upkeep and maintenance. The court fixed August 3 for next hearing of the matter and directed the LDA to
apprise it, in the meanwhile, of rules and regulation under which the parks are being handed over to
private agencies. The orders were passed by a division bench of Justice Pradeep Kant and Justice R R
Awasthi on a PIL filed by a local lawyer, Pankaj Srivastava. It was said in the PIL that on June 26, LDA
decided to transfer 25 parks, including Begam Hazrat Mahal Park, Buddha Park, Neembu Park and
Nehru Bal Vatika to NGOs. There are no rules or regulations under which LDA is transferring these parks,
said the petitioner and added that LDA had handed over these parks to NGOs earlier also but they were
left in a very pitiable condition. Therefore, transfer of these parks to NGOs is not in public interest, said
the petitioner. (Times of India 29/7/09)

Creamy layer surfaces in GHMC legal battle (25)

HYDERABAD: Creamy layer among the backward classes, one of the contentious issues surrounding BC
reservations, came up during the arguments over the GHMC election tussle in the AP High Court. State
government, as seen from the advocate general D V Sitarama Murthy's arguments, is of the view that
creamy layer norm for BCs is applicable to only educational and employment spheres and cannot be
extended to the political spectrum. A person, in the list of socially and educationally backward classes,
continues to remain in the said list and even if he becomes part of the creamy layer, he will still be a
member of the BC community, the AG said. The creamy among the BCs are not entitled to avail the
benefits of reservation for admissions into educational institutions and public employment, he said. The
bench comprising Chief Justice Anil Ramesh Dave and Justice Ramesh Ranganathan said the AG's
submission may have merited acceptance had it not been for the fact that the explanation the government
gave to Section 5 of the Hyderabad Municipal Corporation Act (HMC Act) which defined BCs as any
socially and educationally backward class of citizens recognised by the government for the purpose of
extending the constitutional benefits in education and employment spheres. Further, the bench said, the
GO Ms No 3 issued on April 4, 2006 requires creamy layer to be excluded from the list of backward
classes enlisted through a GO in 1970. A literal interpretation of the explanation the government offered
to Section 5 of the GHMC Act requires the BCs to be those socially and educationally backward
recognised by the government of Andhra Pradesh for the purpose of providing admissions into
educational institutions as per the Constitution excluding the creamy layer, the bench said. This would
equally apply to the reservation of seats in favour of the BCs in GHMC, the bench said. More over, it said,
the backward status vanishes once someone becomes part of the creamy layer. Following AG's
argument, the bench agreed with the state's view with regard to the share (33 per cent) the BCs should
be entitled and rejected the petitioners' argument that BC population in GHMC is less than 33 per cent. It
also said that the GHMC can enlist the BC voters and not the BC Commission as was sought by the
petitioners. The bench also upheld the contention of the state government that seats to SCs and STs
would be allotted on the basis of their population and not on the basis of their presence in the voters' list.
The petitioners demand for the latter was also rejected. One more area where the bench agreed with the
AG was that the division of wards in GHMC was by and large scientific and the 10 per cent variance
allowed in terms of per centage of population was adhered to in majority of the wards. (Times of India
3/8/09)
Govt struggles to implement SC, ST quota (25)
Lucknow: A month after the state government introduced reservation for Scheduled Castes (SC) and
Scheduled Tribes (ST) in government contracts worth up to Rs 5 lakh, officials are struggling to find ways
to implement it. In most of the major government agencies, like the Public Works Department, UP
Housing and Development Board, UP State Bridge Corporation Limited and UP Rajkiya Nirman Nigam,
there is not much scope for works up to Rs 5 lakh — their contracts usually run into crores. Now, officials
are trying to identify and create works which could qualify for the scheme. The government has reserved
21 per cent contract for SCs and two per cent for STs. The order, which was issued on June 30, was
applicable to all government departments, corporations, authorities, boards and bodies under government
control. While the PWD has asked its chief engineers, superintending engineers and executive engineers
to implement the order, there has been little progress on the ground. (Indian Express 3/8/09)

Parliament approves SC/ST reservation Bill (25)

NEW DELHI: Parliament has adopted the Constitution (109th amendment) Bill, 2009, for providing
reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the Legislative
Assemblies for another 10 years, with the Lok Sabha approving it by division of votes on Tuesday. The
Rajya Sabha passed the Bill on Monday. The Bill was adopted with an amendment by the government.
When the Bill was taken up for consideration in the Lok Sabha and put to vote later, 375 members voted
in its favour. One member opposed it and another abstained from voting. The Bill seeks to extend the
reservation beyond January 25, 2010, when the time period of 60 years under Article 334 of the
Constitution lapses, and also to extend the nomination of Anglo-Indians to the Lok Sabha and Legislative
Assemblies by another 10 years. Law and Justice Minister M. Veerappa Moily, who moved the Bill, said of
the 543 seats in the Lok Sabha, SCs had 79 and STs 41. Similarly, of the 3,961 seats in the Legislative
Assemblies, SCs had been reserved 543 seats and STs 527. Urging the House to adopt the Bill, Mr.
Moily said there should be a “change of heart” in society towards SCs and STs. “We need to travel more
distance to ensure they join the mainstream. We must practice inclusive politics and not exclusive
politics...fragmented politics,” he said. (The Hindu 5/8/09)

Migrant SC, STs, OBCs not entitled to reservation benefits: SC (25)

NEW DELHI: SCs, STs and OBCs cannot claim the benefits of reservation if they migrate from one state
to another if the caste/tribe to which they belong are not recognized as a reserved community in the
adopted state, the Supreme Court has ruled. Further, a migrant SC or ST also cannot claim a reserved
status in OBC quota in another state, the apex court said. "Persons belonging to a particular caste or tribe
may suffer disadvantages in one state but may not suffer the same disadvantages in the other. Our
Constitutional scheme, therefore, seeks to identify the social and economic backwardness of people
having regard to the state or union territory as a unit. "The same principle applies to even minorities as
has been laid down by an eleven-judge bench of this court in T M A Pai Foundation and others case," a
bench of Justices S B Sinha and Cyriac Joseph observed. The apex court made the remarks while
dismissing the by certain migrant SC, STs candidates challenging the refusal of the Delhi administration
to grant them benefits of reservation in government jobs. (Times of India 17/8/09)

Supreme Court begins probing merits of quota in civil services (25)

New Delhi, August 18, 2009: The Supreme Court on Tuesday began examining if Dalit and backward
category students competing in the civil services examination without availing quota benefits should be
allowed to use reservation to secure higher services and better cadre. A five-judge constitution bench,
headed by Chief Justice KG Balakrishnan, began examination of the crucial issue relating to reservation
in civil services for candidates belonging to Scheduled Castes, Scheduled Tribes and the socially and
educationally backward sections of society on a bunch of lawsuits, including one by the union
government. The union government's lawsuit challenged a March 2008 ruling of the Madras High Court
which held that Dalit and backward category students, competing on merit, cannot be given the benefit of
reservation for allocation of higher service and better cadre in the civil services. The union government
approached the apex court on May 17 last year, challenging the high court ruling. The apex court
suspended the ruling two days later. The apex court had decided on May 14 this year to refer the matter
to a five-judge constitution bench for examination. The high court had held that if a meritorious Dalit or
backward category student is allowed to avail the quota benefits during the stage of allocation of services
and cadre, it would impinge upon the rights of other such students who were able to clear the
examination using the reservation benefits. The high court pointed out that in that case Dalit and
backward category students competing on the basis of reservation would be deprived of better cadre and
services. Appearing for the union government, Solicitor General Gopal Subramanian however, contended
that if a backward category student qualifying the prestigious civil services on his own merit is not given
the benefit of reservation in allocation of services and cadre it would result in an anomaly. The anomaly
would lead to non-meritorious backward category aspirants getting better and higher services compared
to their meritorious counterparts. "It would be anomalous that the government has to take a stand on the
matter dealing with two persons of the same class," said the law officer, adding that "if you prefer people
with lower marks to those with higher marks in the same class, the efficiency in administration, as
contemplated under Article 335, would be compromised." But, the bench, which also included Justice SH
Kapadia, Justice RV Raveendran, Justice BS Reddy and Justice P Satahsivam, did not appear to
appreciate the idea of the same person refusing and availing quota benefits in different
circumstances.(Hindustan Times 18/8/09)

Migrant SC, STs, OBCs not entitled to reservation benefits: SC (25)

New Delhi, 17 Aug: SCs, STs and OBCs cannot claim the benefits of reservation if they migrate from one
state to another if the caste/tribe to which they belong are not recognised as a reserved community in the
adopted state, the Supreme Court has ruled. Further, a migrant SC or ST also cannot claim a reserved
status in OBC quota in another state, the apex court said. “Persons belonging to a particular caste or tribe
may suffer disadvantages in one state but may not suffer the same disadvantages in the other. Our
Constitutional scheme, therefore, seeks to identify the social and economic backwardness of people
having regard to the state or union territory as a unit. “The same principle applies to even minorities as
has been laid down by an eleven-judge bench of this court in T M A Pai Foundation and others case,” a
bench of Justices SB Sinha and Cyriac Joseph observed. The apex court made the remarks while
dismissing the by certain migrant SC, STs candidates challenging the refusal of the Delhi administration
to grant them benefits of reservation in government jobs.(Statesman 18/8/09)

SC declines petition on OBC quota row in DU (25))

New Delhi The Supreme Court declined to entertain a plea seeking a direction to Delhi University for
evolving a "rational mechanism" to divert the leftover seats in OBC quota to the general category in
Central and other educational institutions. A bench headed by Justice B N Aggrawal said it would not
entertain the petition as it lacked proper facts and explanation for justifying a direction. Instead, it directed
the petitioner Rakesh Kumar to approach the Delhi High Court with a proper petition and seek redressal
of his grievance. Rakesh Kumar claimed that in the absence of a rational mechanism, the leftover seats
were being pocketed by the general category students at the cost of OBC candidates. He alleged the
institutions, including Delhi University, were not following the "10 per cent differential" cut-off marks fixed
by the Constitution Bench of the apex court in its judgement in April last year. Under that ruling made in
the Ashok Thakur Vs Union of India case, the apex court had said the maximum difference between the
cut off marks between the general and OBC candidates should be 10 per cent and only then the left-over
seats under OBC would go to the general pool. But it was alleged that DU was not maintaining the "10
per cent differential" cut-off marks and diverting the seats to the general category once the reserved
candidates failed to qualify at the original cut off marks level. In the process, the cut off marks percentage
would continue to slide down with every admission of diverted seats for the general category students
whereas no such benefit would accrue to reserved candidates, it was stated. For instance, the cut-off
marks is fixed at 65 marks for OBC and 75 for the general category students under the "10 per cent
differential" marks fixed by the apex court. However, supposing an OBC candidate secures 64 marks
only, he/she would not qualify and the seat would go to the general pool. Whereas a general category
candidate, even if he gets less than 74 marks (as against 75 cut-off), he or she still would secure a seat
from the diverted OBC. It was argued that if the cut-off marks were lowered for general category students
then by the same logic it should also slide down for OBC candidates However, since the petitioner was
not able to illustrate his argument properly, the apex court asked him to file a proper petition before the
high court. (Express India 19/8/09)

State minority colleges flout rules, sell seats (25)

HYDERABAD: It’s a racket par excellence. Over 90 per cent of the 350 professional minority institutions
offering MBA, MCA and engineering courses in the state are violating the very clauses under which they
obtained their minority status: Admitting non-minority students and selling reserved seats as management
quota seats to students with fat purses. The data with the higher education department is revealing. While
the rule book stipulates that 70 per cent of seats be kept for such students, most colleges have not been
filling even 20 per cent. Only six out of the 60 minority engineering colleges have cared to follow the rules,
officials said, refusing to divulge names of errant institutions. While their minority status allows such
institutes to get several government benefits — including grants and relaxed norms on SC/ST/OBC
quotas — the college managements, on their part, claim that there are not enough students from the
community to fill the seats. “It is practically impossible to fill 70 per cent of the seats with students from the
community,” said a manager of one such institution. If this claim (fewer students from the community)
were to be true, the number of such institutes shouldn’t be increasing every year. But that’s exactly what’s
happening! “Every year over 30 minority institutions are given permission. If there is a dearth of students
to fill these seats, no fresh sanction should be given. But there is no provision to do that,” an official from
the minorities welfare department said, pointing out that approval can be denied only on the ground of
poor infrastructure. Nevertheless, the racket of selling seats in the garb of management seats appears to
be going on with the tacit approval of the minorities welfare department. It has been renewing the minority
status of all these institutes every three years despite violation of rules. The higher education department,
on its part, had even advised the minorities welfare department not to extend the minority status to three
years in the case of certain institutes. “There are students from minority communities who do not get
admission in these colleges as the admissions are done on the sly. In spite of repeated requests to
monitor the intake in these colleges, the minorities welfare department has taken no action,” an official of
the higher education department said. When asked about the matter, Lingraj Panigrahi, principal
secretary, department of minority welfare, said, “It is not that we are not looking into the matter. We
denied minority status to three colleges this year as they did not comply with the standards. Another six
colleges surrendered their minority status as they did not have enough minority candidates. This year
minority status was given on a conditional basis to many institutions.” (Times of India 20/8/09)

Delhi clears air on OBC quota (25)

Agartala, Aug. 27: The Centre has decided to extend 27 per cent reservation for admission of students
belonging to Other Backward Classes to the National Institute of Technology here from the current
academic session according to the national formula. Official sources in the department of higher
education today said the Union council of ministers had taken a final decision in this regard at a meeting
this morning, refusing to take into consideration the location of the institute within the Autonomous District
Council area. “We have received an official communication in this regard from Union ministry of human
resource development and the reservation formula is all set to be implemented from the current academic
session,” a source said. The official communication from the Union HRD ministry read: “The Union
cabinet today approved the implementation of reservation for students belonging to Scheduled Castes,
Scheduled Tribes and Other Backward Classes to NIT Agartala in Tripura Tribal Areas Autonomous
District Council”. Minister for higher education Anil Sarkar expressed “satisfaction and happiness” over
the issue and said the Union cabinet’s approval would fulfil the legitimate aspirations of the depressed
sections of people for higher education. The leaders of OBC organisations have also expressed
satisfaction over the Union cabinet’s decision. The tangle over reservation at the NIT here had arisen
initially over the Tripura government’s insistence on having the state formula for reservation — 31 per
cent for Scheduled Tribes, 17 per cent for Scheduled Castes — implemented in the institute. (Telegraph
28/8/09)

Applications invited for 16 per cent compartmental reservation (25)

MADURAI: As per the Tamil Nadu Government Order No 61, The Adi Dravidar and Tribal Welfare
Department on 29.5.2009 has announced a 16 per cent compartmental reservation for Arunthathiyars
within the reservation for Scheduled Castes for jobs in the State Government. Arunthathiyar, Sakkiliyar,
Madhari, Madiga, Pagadai, Thotti and Adi Andhra castes have been categorised as Arunthathiyars. N.
Mahalakshmi, District Employment Officer, Madurai, in a release said that the categorisation needed to
be recorded in the Employment Department registers and so engineering, medical and postgraduates or
equivalent degree holders of the above castes belonging to Coimbatore, Erode, the Nilgiris, Namakkal,
Karur, Pudukottai, Madurai, Theni, Dindigul, Sivaganga, Ramanathapuram, Virudhunagar, Tuticorin,
Tirunelveli and Nagercoil who have registered with the Department of Employment and Training, K. Pudur
are asked to submit applications attaching photocopies of their community certificate along with the
employment exchange card addressing District Employment Officer, Employment and Training branch
Office, K.Pudur, Madurai 625007. (The Hindu 31/8/09)

SC no to stay HC order on post-reservation for disabled (25)

New Delhi: The Supreme Court on Monday declined to stay a Delhi High Court order directing the Centre
to provide job reservation of posts in government offices for persons with disabilities and asked it to place
before it the data about vacant seats since 1996. A Bench comprising Chief Justice K G Balakrishnan,
Justices P Sathasivam and B S Chauhan asked the Centre to file a status report by identifying the
number of cumulative seats falling vacant against the posts after passing the Disabilities Act 1996. The
Centre's plea seeking stay of the High Court order was opposed by National Federation of the Blind and
others whose counsel Mukul Rohatgi and C D Singh Singh said government should comply with the High
Court order of identifying the posts reserved for disabled persons in accordance with the Act. The High
Court had directed the Centre to fully comply with the Disabilities Act under which three per cent jobs
should be reserved for disabled persons, including one per cent for visually-impaired candidates. (Zee
News 1/9/09)

8 tribes in Punjab match Scheduled Tribe category: Report (25)

JALANDHAR: After remaining in denial over the existence of Scheduled Tribes in Punjab, the
government has now been handed a report of survey conducted by Patiala-based Punjabi University that
says there are eight tribes that meet the yardstick. A detailed 350-page report, prepared after a survey of
the 12 communities in Punjab, has confirmed that eight tribes - seven ex-criminal (de-notified) and
Gurjars - fulfill the parameters of "tribe" laid down by the Union government and social anthropologists. A
first comprehensive study of its kind in the state, it says the conditions they live in are dismal, as
compared to the major Scheduled Caste communities - Adharmis and Balmikis. To make matters worse,
they have been denied the benefits of reservation. For record, the study refers to the annual report (2003-
04) of the Union ministry of tribal affairs, which says that Punjab has no tribal population. The
ethnographic study of the de-notified and nomadic tribes of Punjab was entrusted to the department of
sociology and social anthropology of the Punjabi University, following several representations to the
Centre from these communities that they be recognized as STs. Interestingly, some of these communities
are recognized at STs in other states, in Punjab they were clubbed in the SC category. "Out of the 12
communities studied by the six-member group, seven - Sansi, Bauaria, Bazigar, Barad, Bangala, Gadhile
and Nat - were de-notified," said Birinder Pal Singh, professor of sociology and social anthropology of
Punjabi University and chief coordinator of the project. He added that while the census of India did not
have a separate court for all the communities under study, the latest count for ex-criminal tribes in 2001
stood at 4,36,809. All India Bazigar and Banzara Sabha president Sadhu Singh Dharamshot, who is also
Amloh MLA, said they have been demanding the ST status for these communities without much success.
Confirming its receipt, administrative secretary of Welfare of SCs and BCs, T R Sarangal said, "More
work is required on this account as the report does not satisfy all parameters given by the government.
The department is still considering the issue." (Times of India 2/9/09)

Assam assembly unanimously ratifies Art 368 amendment (25)

Guwahati, September 05, 2009: Assam assembly on Saturday unanimously ratified the proposed
amendment to Article 368 for extension of reservation to Scheduled Tribes and Scheduled Castes for
another period of ten years. A day-long special session of the state asembly was held in Guwahati on
Saturday to ratify the 109th amendment to Article 368 of the Constitution seeking extension of reservation
for another ten years which was introduced by the Union government in the Parliament on August 3. The
special session was held as Article 362 of the Constitution makes it mandatory that 50 per cent of the
state legislatures must ratify the proposal. Leader of Opposition Chandra Mohan Patowary of AGP
pointed out that though the party supports the extension of reservation but the Congress government's
policy of reservation has not been successful. "There has been reservation for the last 60 years but the
uplift of scheduled castes and tribes has not been achieved", he said. The opposition leader warned of
misuse of the reservation policy which results in the deserving not getting their dues. The amendment
proposal was supported by all members cutting across party lines and was passed unanimously. The
assembly was adjourned sine die at the conclusion of its session held on Saturday. (Hindustan Times
5/9/09)

CIC, govt at odds over sensitive minority report (25)

NEW DELHI: The Central Information Commission and the minority affairs ministry are at loggerheads
over the Ranganath Mishra Commission report which has recommended that SC status be extended to
Muslims and Christians. The minority affairs ministry (MoMA), which has kept the report "secret" for two
years, is peeved over a CIC order that it be given to an interested person, threatening a confrontation.
Sources said an unwilling MoMA may move the Delhi High Court against the full-bench directive of CIC.
While UPA's sensitivity over the report by Justice Mishra, who headed the National Commission for
Religious and Linguistic Minorities, appears strange, there is a growing belief that it is aimed to keep the
controversial demand of `reservation for minorities' out of public debate. This when minority affairs
minister Salman Khursheed has said that quota on religious ground was not admissible under the
Constitution. The government also seems against SC status for dalit converts. Given the nature of
NCRLM's recommendations, it is feared that making the report public could bring pressure on the
government. A decision is not easy given its repercussions on the dalit population as well as the
implications it will have on 50% ceiling on reservations. The NCRLM had suggested that dalit status,
presently limited to Hindus, Buddhists and Sikhs, be extended to Muslims and Christians. It
recommended that the clause in Constitution (SCs) Order of 1950 which links SC status to religion be
dropped. Besides giving SC status to converts, NCRLM also recommended that minorities be given
reservation in jobs, education and government schemes. The NCRLM report is seen as politically
combustible. UPA has chosen to steer clear of it ever since it was submitted. Its stock response to
demands that the report be made public has been that it was being examined. Though the plea for not
giving the report under RTI has been that it is still to be tabled in Parliament, it is seen as an excuse. In
fact, sources said, the ministry has not even taken a decision if the report was to be tabled in Parliament.
The drama over the report reached a climax when MoMA refused to give its copy to National Commission
for SCs. The Centre had sought the Buta Singh-headed panel's opinion on whether SC status could be
given to Muslims and Christians and the latter wanted to study NCRLM's recommendations to firm up its
view. If there is an explanation, sources said it is the Centre's keenness to avoid a sensitive quota issue
after UPA's experience with myriad quota demands in its last regime. (Times of India 5/9/09)

Hike quota for Dalits in budget: CPM (25)

Mangalore, DH News Service, Sep 8: “The Mangalore City Corporation (MCC) should increase the
reservation proportion for Dalits in the budget from 18% to 22.75% as declared by the State government,”
demanded CPI(M) Action Committee for Integrated Implementation of 18% Scheme Convenor J P
Vasudeva. CPM activists staging a protest in front of MCC in Mangalore on Tuesday. He was addressing
party workers at a protest organised by the Action Committee demanding proper implementation of
schemes for Dalits in front of the MCC Office here on Tuesday. He said, “there is a downward trend in the
Human Development Index (HDI) of Dalits in Mangalore city. Dalits, who lack proper housing facility, live
in slum areas and also are facing severe health hazards.” The HDI of Dalits in Mangalore is in a dire state
only because of the lack of proper implementation of schemes by the MCC authorities, he charged.
Vasudeva urged that the annual income ceiling fixed for the beneficiaries under the 18% Scheme should
be withdrawn. The financial aid being distributed to Dalits for the construction of house should be
increased to Rs 3 lakh, he said and added that the formalities and conditions in schemes for Dalits should
be liberalised. CPI(M) District Committee member Krishnappa Konchadi urged that all schemes
sanctioned for Dalits should be implemented in a transparent manner through a single window system.
Authorities should liberalise procedures on humanitarian grounds to make available the benefits under
various schemes to Dalits properly, he added. Konchadi demanded that electricity connections should be
provided for houses of all Dalits in the city. Schemes should be implemented to provide houses for all
Dalits, who do not have shelter, he said adding that benefits of all schemes should be made available to
Dalits atleast within a month of application date. CPI(M) Mangalore City Committee Secretary Sunil
Kumar Bajal and Democratic Youth Federation of India (DYFI) district President Muneer Katipalla were
present.(Deccan Herald 8/9/09)

Fee rebate for OBC, SC/ST students (25)

LUCKNOW: After introducing 50% reservation quota for Scheduled Castes/Tribes (SC/ST) and other
backward classes (OBC) in private technical educational institutes, the Maya government has now
decided to strictly implement the fee concessions given to SC/ST and OBCs as being provided in
government colleges. The general category candidates from economically weaker families will also get
the benefit. On Tuesday, the government made it clear that technical institutes not following the orders
will be de-affiliated by the UP Technical University (UPTU). Such an order existed earlier also but was
rarely being followed. But this, said officers in chief minister’s office, government is serious about
implementing the order in private sector engineering and vocational colleges. The order states that no
tuition fees will be charged from the SC/ST students and concession would be provided up to the limit of
Rs 25,000 for OBC and general category students, whose annual family income is less than Rs one lakh.
The order will benefit over two lakh students in private engineering and vocational colleges in UP. The
government will pay to the colleges for the fee concessions granted to the SC/ST and poor OBC and
general catgory candidates. (Times of India 9/9/09)

HC order on law school reservation (25)

Bangalore, Sep 10, DHNS: The High Court has observed that the benefits of Schedule Caste (SC) and
Schedule Tribe (ST) cannot be extended to candidates from other states by ignoring presidential orders
issued in relation to Karnataka State. The petitioner, Lokesh representing his minor daughter Preethi, of
Mangalore has moved the High Court, challenging the denial of admission to National Law School of
India University (NlSIU) in the City. He has also sought to quash the second provision list of selected
candidates of selected Law Universities in Karnataka, Kerala and Gujarat. The petitioner’s daughter, who
had appeared for Common Law Admission Test (CLAT) and had secured 3,288th rank in merit and in
category she had scored 54th rank. While she preferred NLSIU as first preference, National University of
Advanced Legal Studies (NUALS), Kochi and National Law University,(NLU) Gujarat as second and third
option. preference. Hailing from Mundala community, she is categorised as SC as per President’s order
of reservation list for the State dated 10, August, 1950. After the results were announced on June 15,
2009, she was allotted seat at NUALS Kerala, but was denied admission stating that she does not belong
to SC community in Kerala. On June 29, 2009, the provisional list allotted her a seat in NLU, despite her
request for NLSIU, while students from other states were considered in her category. Counsel for
petitioner contended that an SC candidate migrating from original place to other place is not entitled for
the same benefit. Justice B S Patil allowing the petition partially has said that NLSIU cannot extend the
benefits to students of other state by ignoring the President’s order issued in 1950 in relation to Karnataka
State. The institutes have been directed to admit the petitioner’s daughter after considering her eligibility
and without disturbing admission of others.(Deccan Herald 10/9/09)

SC flays Railways' SC,ST policy in alloting contracts (25)

New Delhi: The Supreme Court slammed Indian Railway for adopting a ‘discriminatory’ policy vis-a-vis
allotment of high-income yielding catering contracts at the country's 8,000-odd railway stations saying you
cannot keep out a a large section of people in the name of globalization. "Why is there no reservation for
SC, STs when there is such benefits for low-income yielding contracts? They could have inter-set
competitions among the SCs even in the high- income contracts," a bench of Justices B N Agrawal, G S
Singhvi and Mukundakam Sharma said. The apex court wondered whether such discriminatory policy
was being adopted as the policy makers lacked confidence in the capabilities of the reserved
communities. "In the name of globalisation, you can't keep such a large section (reserved) out. They
(SCs,STs) are always at the receiving end," the bench said. The apex court said SCs,STs cannot be
underestimated as some of them had in fact achieved resounding success in various competitive exams
for civil services and professional courses by coming from merit category rather than from the reserved
quota. The railways has been reserving certain percentage of the contracts for SC,STs, minorities,
physically challenged, war widows only for low-income yielding contracts whereas no such benefit is
extended to high-income yielding contracts. (Financial Express 11/9/09)

“Caste-based discrimination eclipses democracy” (25)

MADURAI: The resilience of the caste system and the persistence of birth-based discrimination eclipse
democracy, leaving dark shadows across the country, Communist Party of India (Marxist) Polit Bureau
member Brinda Karat has said. She was addressing a meeting on “Untouchability and implementation of
legal provisions,” organised here by the All India Democratic Women’s Association to mark the
completion of 20 years of the enactment of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. Untouchability that jeopardised the rights, dignity and self-reliance of the Dalits was
the result of the state’s failure to provide economic and social equality to the Dalits, she said. They should
be given land to make them equal to the landlords. She sought reservation in employment in the private
sector that enjoyed the benefits of the government’s bailout. Though the SC/ST (Prevention of Atrocities)
Act, 1989 and its rules framed in 1995 marked a step forward in the struggle to do the Dalits justice, the
20 years of experience showed deficiency in their implementation. This called for amendments to the Act.
Only 1 per cent of the 1.43 lakh cases registered under the Act resulted in conviction every year. This
was in contrast to 40 per cent conviction in cases registered under the Indian Penal Code. Ms. Karat
flayed the “casteist bias” among a section of the police and the judiciary while dealing with crimes against
the Dalits. While the police unilaterally disposed of 50 per cent of the 30,000 cases relating to crime
against the Dalits without any trial in 2000, one of the judges had asked how the “castiest bias” in an
upper caste man involved in the rape of a Dalit woman could be proved. Suggesting amendments to
strengthen the Act, Ms. Karat called for a time limit to dispose of every case. She wanted a monitoring
cell established to make the police accountable for dropping legal action in any of the cases for which the
first information report was filed. The quantum of punishment for the same offence under the provisions of
the Act was lesser than that of the IPC, she said, demanding that the law dealing with special social
crimes be made more stringent. The punishment for rape under the IPC was up to seven years of
imprisonment, while under Section 3 of the SC/ST (Prevention of Atrocities) Act, it was only up five years.
The punishment for forcing somebody into bonded labour attracted a minimum of one year in jail, against
just six months under the Act. Despite their conversion to other religions, the Dalits were subjected to
discrimination. The Act should be amended to try cases of violence against the Dalits who converted, she
said. The social and economic boycott of the Dalits should be brought under the purview of the Act. An
amendment was also needed to protect survivors and witnesses of offences against the Dalits, who were
often subjected to pressures. (The Hindu 12//9/09)

50 per cent quota for women in Kerala local bodies (25)

Thiruvananthapuram, Sep 17, The Kerala assembly on Wednesday passed two bills enabling 50 per cent
reservation for women in local self-government institutions in the state. The Kerala Panchayat Raj
(Second Amendment) Bill 2009 and Kerala Municipality Amendment Bill 2009 were passed unanimously.
This means that half of the 999 gram panchayats (village councils), 152 block panchayats and 14 district
panchayats in the state will have women as presidents and vice-presidents. Similarly, half of the 62
municipalities will have women chairpersons and deputy chairpersons while three of the five city
corporations will have women mayors and deputy mayors. The bill also provides for 50 per cent women’s
representation in district planning committees and state development councils. Women also get half of
the seats reserved for Scheduled Castes and Schedules Tribes in these bodies. The new law will take
effect in the local body elections slated for next year. As of now, about 6,850 of the 20,554 elected
representatives in these bodies are women. The state had reserved 33 per cent seats for women in the
local bodies in 1991, a year before the Centre introduced similar reservation through an amendment in
the Panchayati Raj Act. Left Democratic Front convener Vaikkom Viswam said the ruling coalition had
decided to give equal representation to women in local governance in a bid to empower them. “This
would help women to have a decisive say on issues concerning development of their area,” he noted.
(National Herald 17/9/09)

OBCs account for 38.5% of rural population: Survey (25)

NEW DELHI: Subject to politically charged and conflicting claims, the mist over the percentage of OBCs
in the population might have lifted a bit with an official survey revealing that backward castes account for
around 38.5% of the rural populace. Tamil Nadu tops the OBC chart with 54.37% of rural households
(HH) belonging to backward category. Uttar Pradesh has 51.78% rural HHs in OBC bracket. It is 37% in
the Mandal powerhouse of Bihar while Chhattisgarh may be seen as a surprise with 50.37% of
households surveyed belonging to the OBC category. Importantly, while a national figure of 38.5% falls
well short of Mandal Commission estimates of 52%, they tally with an NSSO survey which pegged OBC
population at around 35%.The findings are part of an exercise which scanned all rural households as part
of BPL survey 2002 whose results have come in recently. The results are a dampener for torchbearers of
backward politics who believe the OBC numbers are at least 50%.Congress MP Hanumantha Rao,
convener of the OBC parliamentary forum, said, "We want a census. The OBC population is much higher
than what rural household survey has revealed." He said while job and education quota was frozen at
50%, there was need to "expose how OBC population was high but handful of upper castes was ruling
the power structures". The call for a caste census has the backing of OBC leaders like Bihar CM Nitish
Kumar. Fifteen key states where backwards are a crucial socio-political factor have shown demographics
on expected lines. An extrapolation from rural estimates - which cover almost 72% of the country - for an
entire state may dilute OBC share a bit as bulk of backwards are agrarian communities in the countryside.
The survey by rural development ministry gives a peep into OBC numbers after a protracted debate on
what really is their proportion in population. The 52% figure given by Mandal Commission has been
doubted as it was based on an extrapolation from the last caste census of 1931 - by eliminating non-OBC
communities from total population. The issue blew up in 14th Lok Sabha when a parliamentary committee
questioned the rationale of allocation of funds for OBC welfare without knowing the group's numbers. It
called for a caste survey, kicking off a sharp duel among political players and government. Of the total
67,12,006 rural HHs in Gujarat, 30,09,109 reported OBC status - 44.83%. The exercise in Andhra found
55,35,997 OBC HHs out of total 1,27,52,234 (43.41%); 43,13,699 OBC HHs out of total 92,16,953
(46.80%) in Rajasthan. Haryana (28.16%), Punjab (20.60%), Maharashtra (14.54%) are on the lower
side. The 15 states form the bulk of OBC as their share in Uttarakhand and the north-east is negligible.
Accurate OBC numbers are only of academic value in the reservation debate as the 50% quota ceiling
makes it unlikely for OBC share to be brought in sync with the proportion of population. But politically,
these figures could be explosive, because while they may not reduce the clout that backward politics has
come to acquire, it does limit its projection. The surge in OBC politics after Mandal report only added to
their rising authority, with a new crop of backward leaders breaching what were till then upper caste forts
like UP, Bihar, Rajasthan and MP. Tamil Nadu, the land of early OBC assertion, has had strong Mandalite
polity for a long time while Karnataka too made the shift in the 70's. (Times oif India 24/9/09)

The Struggle of Dalit Muslims and Dalit Christians for scheduled caste status (25)
For announcing the Constitution Scheduled Castes Order 1950, paragraph 3 as ultra virus and ultra
motive against the secularism of our esteemed Indian constitution, Centre for Public Interest Litigation (
Represented by former Law Minister of India and eminent Advocate Mr. Shanthi Bhushan and Advocate
Mr. Prashant Bhushan ) and Franklin Caesar Thomas had collectively filed the civil writ petition in the
supreme court of India on 22.03.2004. This petition was filed by CPIL for getting the Scheduled Castes
status to convert Christian, Muslim members of the enumerated castes people of India. Concerned with
the above said civil writ petition: 180, year 2004, Union of India had referred this matter to National
Commission for Religious and Linguistic Minorities. NCRLM had positively recommended to Union of
India for granting Scheduled Castes status to the above said people by deleting the paragraph 3 ( as per
the media report ). After agreeing in the Supreme Court, based up on the NCRLM Report, Ministry of
Social Justice had asked the National Commission for Scheduled Castes to give comment regarding the
extension of Scheduled Castes privileges to these people by giving one set of the NCRLM report to the
National Commission for Scheduled Castes. By accepting the Social, educational, economical and
cultural backwardness of the Christians and Muslims of the Scheduled Castes origin people, Scheduled
Castes Commission had asked the Union of India for granting them the Scheduled Castes status. As per
the constitutional power of the Indian Constitution Article 338, sub division 9, National Commission for
Scheduled Castes had accepted and recommended to grant Scheduled Castes status to these people.
As per the above said recommendation, the above said Dalit Muslim and Dalit Chirtian people are facing
and affected by the traditional practice of untouchability in the major civil society and in their religious
society. As per the revised modalities of the Union of India for getting Scheduled Castes status to a
particular communities, state Governments should recommend to Ministry of Social Justice and
Empowerment. Then Census Commissioner and the Registrar General of India should give
recommendations for these communities to be treated as Scheduled Castes. Then finally, National
Scheduled Castes Commission for Scheduled Castes should give positive recommendation regarding the
proposal. Then the Group of Ministers or the Cabinet should pass resolution to bring bill in Parliament. In
our issue, up to this time twelve state Governments and Union Territories had recommended to Union of
India for granting the SC status to these people ( In the year 2000, Bihar State Assembly had passed
resolution for granting SC status to Dalit Christians and Dalit Muslims; in the year 2006 Uttar Pradesh
State Assembly had passed resolution in the state assembly for granting the SC status to Dalit Christians
and Dalit Muslims, in the year 2009, Andra Pradesh state Government had passed resolution in its
assembly for granting the SC status to Dalit Christians and Dalit Muslims . With out referring the matter to
the Registrar General of India, directly Union of India had asked the National Commission for Scheduled
Castes to give comments, as per the Government's desire, NCSC had asked the Union of India to grant
SC status to these people. Scheduled Castes Commission's entire recommendation was submitted in the
Apex Court of India by the Additional Solicitor of India concerned with the above said Civil Writ petition
No: 180, year 2004. On 23.01.2008, the Additional Solicitor General of India had asked the Apex Court to
grant eight weeks time to take a decision in the Cabinet, Group of Ministers meeting for bringing reply to
the Apex Court of India. But still Union of India did not file any reply in the Supreme Court of India as per
their Commitment.

With out proper evidences, materials, Union of India had granted Scheduled Castes status to Dalit Sikhs
and Dalit Buddhist. If question is raised for granting the Scheduled Castes status to Dalit Buddhist and
Dalit Sikhs, it is told that Sikhism and the Buddhism are the off shoot of Hinduism. If it was so, in the year
1950 itself these people would have been treated as Scheduled Castes, why did the Union of India
separately added Sikhism in the year 1956 and the Buddhism in the year 1990, particularly in the
Presidential Order 1950, paragraph 3. As per the National Commission of Minorities Act 1993, Buddhism
and Sikhism are the seperate religions from Hinduism. When the Sikhism and Buddhism do not recognize
the untouchability and casteism, they had been given the Scheduled Castes status. For proving the
social, educational, economical and cultural backwardness of Dalit Christians par with Dalit Hindus, Union
of India is having the Mandal Commission's Recommendation, NCRLM Recommendation, National
Commission for Minorities Recommendation, National Commission for Scheduled Castes
recommendation, Detailed study done by Delhi University's Professor Dr. Satish Despande ( Financed by
Union of India's National Commission for Minorities ), Sachar Committee ( High Power Committee of the
Prime Minister of India ) Recommendations regarding the extension of Scheduled Castes privileges to
Dalit Christians and Dalit Muslims, Cabinet Note of the Year 1996 for granting the Scheduled Castes
status to Christians of Scheduled Castes Origin and various state Governments' state commission
recommendations. The above said Commission Reports prove the traditional practice of untouchability
which are faced by Dalit Christians and Dalit Muslims in the civil society and in their religious society par
with Hindu Scheduled Castes. Untouchability is a professional oriented discrimination in the society.

We do not want reservation to the elite people among Christians and Muslims. But we want the
Scheduled Castes reservation to the people whose castes names are there in the Schedule of the Union
of India who are socially, educationally, economically and culturally backward par with Dalit Hindus. The
only stumbling block, paragraph three of the Constitution Scheduled Castes Order 1950 should be
deleted or amended to take the religious ban ( by bringing bill in Parliament ) Or it should be striked by
the Apex Court of India as unconstitutional one. United Nations Human Rights Council’s Committee on
the Elimination of Racial Discrimination had strongly recommended to Union of India in the year 2007,
March for granting the Scheduled Castes status to these people. United Nations Socio Economic Council
and the Special Rapporteur on Religious Tolerance of U N Human Rights Council had stressed the Union
of India for granting the Scheduled Castes status to Dalit Christians and Dalit Muslims based up on
violation of Human Rights basis. Dalit Christians and Dalit Muslims are not living in their worshipping
places, but they dwell in the society where casteism prevails. Upper strata of the Christian, Muslim and
Hindu high castes people are treating these people as untouchables, so Scheduled Castes reservation
should be extended to these people forthwith. We are pleased to request Union of India to file reply in the
Apex Court of India as soon as possible based up on the above said Union of India's own documents.
(Source: IDMV, October 1, 2009, (All India Christian Council )

Being Muslim or SC/ST enough to get ‘poor’ tag (25)

New Delhi, Oct 2, DH News Service: What are the criteria to identify the poor? Is it the family’s religion,
caste or income? These are the nagging questions facing the ministry of rural development following a
report of an expert committee that said being a Muslim or a Scheduled Caste/Tribe was sufficient to get
the ‘poor’ tag. The committee was set up by the ministry to identify the parameters to determine the
Below Poverty Line (BPL) status of a family. The panel, headed by former bureaucrat N C Saxena, said
being Muslim was enough criterion for getting the BPL tag. The committee cited the principle of an
affirmative action and the Sachar Committee report to provide more scores (weightage) to Muslims in
ranking families as BPL. The committee also provided the criterion of being Dalit, tribal, the most
backward caste and other backward castes to get the BPL family status. This is the first time religion and
caste are being considered as parameters for identifying the poor. However, rural development minister C
P Joshi was cautious in his response on the report. “The government is yet to take decision in this
regard,” he said. “As the panel is only a recommendatory body, ultimately the government will take a
decision,” Joshi told Deccan Herald. He even disagreed with some of the suggestions of the committee
and said, “Though I am yet to go through the entire report, let us give some more time to study it.” But the
government will have to take a decision on the issue at the earliest, as it has to conduct the BPL survey
well before the 2011 Census starts. The government has to also finalise the BPL list for it to roll out the
National Food Security Act, which provides 25 kg of rice/wheat to each BPL family at Rs 3 per kg.
“Regardless of what the Saxena Committee report suggests, we have to wait for the decision of the
Planning Commission, as they have the final say on the BPL family survey criteria,” sources in the rural
development ministry said. Even the committee’s footnote in its reports says “some members suggested
that Muslims should be ranked above the OBCs. We leave this issue to government...”.(Deccan Herald
2/10/09)

SC stays HC order prohibiting reservation in UP civil services prelim exam (25)

NEW DELHI: The Supreme Court on Thursday stayed an Allahabad High Court order restraining UP
Public Service Commission from applying the reservation criteria to the preliminary examination for
recruitment of state civil services. A Bench comprising Justices D K Jain and H L Dattu stayed the HC's
August 26 order, which had quashed the results of the Combined State/Upper Subordinate Preliminary
Examination, 2007 and directed UPPSC to hold fresh preliminary examination within a month. Appearing
for the commission, additional advocate general Shail Kumar Dwivedi argued that UPPSC had been
following the pattern of Union Public Service Commission (UPSC) while conducting the preliminary
examination for state civil services. Supporting lower cut-off mark for reserved category candidates,
Dwivedi said, "If a candidate belonging to reserved category is made to compete with general category
candidates, the chances of most of the reserved category candidates to qualify for the Main Examination
would be quite minimal." He added, "If the reserved category is nipped in the bud, it would be difficult to
help the reserved category in their advancement so as to enable them to be fully equipped to compete
with the general category candidates." (Times of India 2/10/09)

Women’s Bill: ‘lack of political will delaying the passage’ (25)

GULBARGA: President of the All-India Democratic Women’s Association (AIDWA) Subhashini Ali on
Monday said that the lack of political will and the indifference of the Congress and the BJP were the main
reasons for the delay in the passage of the Women’s Reservation Bill. Inaugurating a two-day workshop
on “Women’s reservation — an introspection”, Ms. Ali said the failure of the Congress and BJP to honour
their commitments and the aggressive opposition from the Samajwadi Party and the Rashtriya Janata Dal
were responsible for such a long delay in the passage of the Bill. She said the internal reservation for
minorities and the OBCs in the 33 per cent quota proposed for women in the State Assemblies and
Parliament was only a ruse to deny women their due. While there was reservation for OBCs in panchayat
raj institutions and local bodies, there was no such constitutional provision at the national and State levels
and a “demand for making such a provision has never been raised or discussed in either Parliament or
any of the State Assemblies.” Ms. Ali said: “the issue of quotas within quotas is problematic because
there are no official estimates of constituency-wise OBC population as there are for the Scheduled
Castes and Scheduled Tribes, which is the basis for reserving seats to them.” The struggle for the
passage of the Women’s Reservation Bill should not be seen as a fight for women’s rights to be fought by
women alone. It is very much part of the greater democratisation of the polity of our country,” she said.
Ms. Ali said women would not have demanded reservation for them in State Assemblies and Parliament if
major political parties had give due representation to them at the time of selection of party candidates.
The delay in passage of the Bill had denied the women of 129 seats in the Lok Sabha. Defending the
need for reservation for women in top policy-making bodies, Ms. Ali said: “the global experience makes it
clear that a constitutional provision for mandatory quotas for women is essential if democratic processes
are to be made more inclusive.”(The Hindu 6/10/09)

Impact of reservation being over-emphasised: CPI(M) (25)

MANGALORE: Terming the alleged anti-reservation lobbies perverse, the State secretariat member of the
Communist Party of India (Marxist), Maruthi Manpade, said on Monday that there was a conspiracy to
overemphasise the impact of reservation in the country. He was addressing the party workers at a two-
day seminar on “Caste and Untouchability” here. He said that the “caste” Hindu groups always raised the
rhetoric that reservation had led to a fall in quality standards, and Dalits were flooding the government
sector. Pointing out that despite reservations, the representation of Dalits in top-level government jobs
was abysmal, he said: “Only 19 of the 544 high court judges in the country are Dalits. Of them, only six
are from the Scheduled Tribes and the rest are from the Scheduled Castes.” “How is it that no voice is
raised about the fact that about 90 per cent of the Group-D workers in government departments are only
Dalits? Why do these anti-reservation and ‘caste’ Hindu lobbies not demand scrapping of reservation for
Pourakarmikas?” he asked. Mr. Manpade criticised the private sector, particularly the Information
Technology industry, for its alleged anti-reservation policy. Government subsidies and pliant foreign
policies had contributed a great deal to the success of these companies. These companies had forgotten
that they had benefited from Government policies. “Today, they have suddenly started playing the card of
merit. Where was this issue of merit when they were seeking tax rebates, free lands and doles?” he
asked. About 61 per cent of the workers in agricultural sector were daily wage earners. Of them, only 17
per cent owned land. “Even that land is not more than an acre or two,” he said and added that the
Zamindar class, which consisted of merely 7 per cent of the agriculture-dependent population, owned
nearly half of the arable land available in the country. Reservation, combined with an aggressive land
reforms project, was essential for the emancipation of Dalits. However, reservations alone could not
improve the lot of Dalits. “The Government should expand the job options for them. There should be
employment generation in every sector since Dalits cannot always aspire to join government services,” he
said. (The Hindu 6/10/09)

UGC team reviews implementation of quota policy on SC, STs (25)

ALLAHABAD: With the aim of reviewing the implementation of the reservation policy for the Scheduled
Caste (SC) and Scheduled Tribe (ST) candidates in appointment of teaching and non-teaching staff and
in accommodating students in various courses, a three-member committee of the University Grants
Commission (UGC) continued its inspection on Friday. The team, led by LB Manikatti, a former IAS officer
and former additional secretary of UGC RP Gangurde and under secretary SK Sarova as other two
members, visited various constituents colleges of Allahabad University. They also met the officiating
registrar of Allahabad University JN Mishra and apprised him of the purpose of the visit regarding
gathering the first hand information on implementation of the reservation policy for SC/ST in
appointments. The team would submit its report to the UGC. Accompanied by acting PRO of the
university AK Kanojia, the team visited different constituent colleges like Shyama Prasad Mukherjee
Degree College, Arya Kanya Degree College, CMP Degree College, Jagat Taran Girls Degree College
and Allahabad Degree College on Thursday. The members of the team interacted with offcials of the
college and also met the SC/ST officials, teachers and students present in respective units. They inquired
about their problems and hardships, if any. The team visited Iswar Saran Degree College, KP Training
College, Rajashri Tandon College and SS Khanna Degree College. It would not be going to ECC and
Hamidia Degree College as these are the minority institutions and as such they do not come under
SC/ST reservation policy, said Kanojia. The team would be inspecting the university on Saturday before
leaving. Its members also met vice-chancellor Rajen Harshe. (Times of India 10/10/09)

Rajasthan HC stays quota provided to Gujjars and EBCs (25)

JAIPUR: The Rajasthan High Court has stayed the quota provided by the state government to Gujjars
and other economically-backward communities as it breached the 50% limit set on reservations. A
division bench of Chief Justice Jagdish Bhalla and justice M N Bhandari on Monday stayed the
reservation given by the state government to these communities as it exceeded the 50% limit fixed for
total reservation. The order was passed on a letter petition filed by some students of University of
Rajasthan. The division bench in the order observed that "we have examined the letter in the light of the
order of Supreme Court in the light of Indra Shwayani's judgement and find that the reservation granted
by the government to Gujjar community and EBCs is not in consonance to the settled legal provisions and
hence the excess reservation is stayed". The reservation granted by state government was 5% and 14%
to Gujjars and economically-backward communities respectively. This reservation was in addition to the
existing reservation for the SC, ST and OBC communities. (Times of India 13/10/09)

Gujjars threaten agitation for ST status (25)

NEW DELHI: The All-India Gujjar Sangharsh Samiti on Friday threatened to launch a State-wide agitation
in Rajasthan demanding Scheduled Tribe status for the Gujjar community. It accused the previous BJP
government and the present Ashok Gehlot government of betraying the trust of the community. The
agitation threat comes close on the heels of the Rajasthan High Court staying the five per cent quota to
Gujjars and EBCs (Economically Backward Classes) accorded by the government. “We are not going to
take this lying down. We are going to hold a ‘maha panchayat’ of the community shortly to decide our
course of action. The community has been betrayed and we have been left with no alternative but to take
to the streets if the Rajasthan government does not recommend ST status for us,” Gujjar Sangharsh
Samiti chief patron Ramvir Singh Bidhuri said here. The previous Vasundhara Raje government had
played a cruel joke on the Gujjars by granting five per cent reservation which was constitutionally illegal,
Mr. Bidhuri said. He had warned at that point of time that no such quota could be provided for the Gujjars
as it would be in violation of the Constitution. “I had walked out of the final agreement on this issue and
had clearly sought ST status for Gujjars. It is unfortunate that the community has got a raw deal from the
successive governments,” he added. Mr. Bidhuri, a former MLA from Delhi, said the five per cent quota
was given despite the government knowing fully that it was an illegal arrangement and could be
challenged in the court or quashed any time. (The Hindu 17/10/09)

Quota in govt contracts a hit, target achieved (25)

Lucknow: Within months of its implementation, the state government scheme of 23 per cent reservation
for SCs and STs in contracts worth up to Rs 5 lakh has already been a hit. In the first two months after
the scheme became operational on August 1, the number of contracts awarded to SC/ST contractors was
almost the same as were awarded in the previous four months. From April to July — four months of the
current financial year, before the scheme was introduced — as many as 1,202 contracts were awarded to
SC and ST contractors. But in August and September, when the scheme was in force, 1,190 contracts
were awarded to SC and ST contractors, said official sources. The total number of contracts awarded in
the current financial year so far has already exceeded the target for the entire year. It was estimated that
the state would have 5,576 contracts — upto Rs 5 lakh — in the current financial year, of which a
minimum of 1,393 contracts were to be given to SCs and STs. By September-end, as many as 5,344
contracts had been awarded of which 2,392 went to SC and ST contractors. According to sources, more
than 23 per cent benefited, as many SC and ST contractors received contracts without the benefit of the
reservation. "The scheme is showing excellent results," said Tribhuvan Ram, Engineer-in-Chief of the
Public Works Department and the nodal officer. The fact that the target has been achieved does not
mean that no more contracts will be awarded to the SCs and STs in the current year. Officials said there
will be more contracts, as more sanctions come from the government and more funds become available.
(Indian Express 20/10/09)

Govt nod to more quota for women in civic bodies (25)

New Delhi: The Government today approved enhancing of reservation for women in urban local bodies
from one third to fifty per cent. This provision will apply to the total number of seats to be filled by direct
election, offices of chairpersons and seats and offices of chairpersons reserved for SCs and STs.
Increased representation of women is likely to yield significant benefits in terms of higher priority to
women's issues in critical areas of urban governance and service delivery such as water supply,
sanitation, education and health, Information and Broadcasting Minister Ambika Soni told reporters after a
meeting of the Union Cabinet. The Ministry of Urban development will move a Bill for amendment to an
article of the Constitution to this effect in the next session of Parliament. Earlier, the Union Cabinet had
approved a proposal to increase reservation for women to 50 per cent in Panchayats. President Pratibha
Patil, in her address to the joint sitting of Parliament on June 4, had said a Constitutional amendment
would be brought in to provide 50 per cent quota for women in Panchayats and urban local bodies. She
had said, since women suffer multiple deprivations of class, caste and gender, enhancing reservation in
Panchayats and urban local bodies would lead to more women entering the public sphere. (Zee News
22/10/09)

Forest Rights Act may help state win over Naxalites (25)
Lucknow, November 01, 2009: Looking at the new Central Act seeking to give land ownership rights to
the Scheduled Tribes and the forest dwellers as a potential weapon to fight Naxalism, the state
government has shown amazing willingness to implement the Act provisions, albeit reservations by the
Forest Department. On the other hand, the Central Government is also stressing the effective
implementation of the Scheduled Tribes and Forest Dwellers (Recognition of Forest Rights) to undo
‘historic injustice’ done to the Adivasi. Prime Minister, Manmohan Singh will be inaugurating a two-day
conference of Tribal Affairs/Social Welfare ministers from the concerning states in Delhi on November 4
to review the preparations to implement the Act that came into effect in 2006 but its rules could be framed
only last year. Chief Secretary, Atul Kumar Gupta too is scheduled to have a video-conference with DMs
of concerning districts here to take stock of preparations, next week. In addition to allowing the STs and
the forest dwellers to cultivate to ceiling of four hectares of the land, the Act recognises the rights of
collecting of minor forest produce which has been traditionally collected within or outside the village
boundaries. As provided under the Act, committees headed by SDMs at Tehsil-level will get applications
from tribals willing to get rights, the SDM-level committees will forward applications to the committees
headed by DMs and DM committees will forward claims to State Government which will finally send the
list to the Centre for an appropriate action. SDM level committees formed in over half a dozen districts like
Sonebhadra, Mirzapaur, Lakhimpur, Bijnaur, Lalitpur, Gorakhpur and Balrampur have already got nearly
54,000 applications. “Of the total applications, 50,000 are from Sonebhadra alone,” Principal Secretary
(Social Welfare) Prem Narayan told the Hindustan Times. The Social Welfare Department has been
notified as the nodal body for the purpose.He said the follow up action was being taken to allot pattas to
the applicants after verification. “While the STs who have been living in the forests prior to the cut off date
will necessarily get the land ownership rights but other forest dwellers will get the same only if they had
been living there for last three generations, he pointed out. He admitted there were certain practical
problems in verifying the legitimate beneficiaries but all efforts, he added, were being made to tackle the
same…. (Hindustan Times 3/11/09)

LJP for inclusion of Dalit Muslims, Dalit Christians in SC list (25)

New Delhi, November 05, 2009 LJP chief Ramvilas Paswan on Thursday made a strong pitch for
Scheduled Caste status for Dalit Muslims and Dalit Christians. "We demand from the UPA to give Dalit
Muslims and Dalit Christians, the status of Scheduled Caste. They are already listed in the OBC category.
"The government has to just transfer them from one category to another and no constitutional amendment
is required for that," Paswan said while addressing a programme of the National Council of Dalit
Christians in New Delhi. JD-U's chief whip in the Rajya Sabha, Ali Anwar, said leaders of different
political parties have attended the programme to show solidarity for the demand. He also sought
immediate tabling of the Ranganath Mishra Commission report. Congress MP P J Kurien also said he
personally endorses the demand. NCDS' national President M Mary John said the Ranganath Mishra
headed National Commission for Religious and Linguistic Minorities (NCRLM) stated that non-inclusion of
SC Christians and SC Muslims in SC list is a discrimination based on religion and goes against the
articles 14, 15 and 25 of the Constitution. NCDC demanded that the government tabled the NCRLM
report in Parliament with action taken report and implement its recommendations. It also presented a
bunch of letters written by different political parties, resolutions of different state assemblies and
manifestos of political parties in support of its demand for SC status to Dalit Christians and Dalit Muslims.
(Hindustan Times 6/11/09)

Reservation sought for Dalit Muslims (7)

GUMLA: The Jharkhand State Ansari Mahapanchayat (JSAM) has demanded reservation for Dalit-
Muslims for their socio-economic uplift. JSAM president Shahab Naiyer Ansari said here on Saturday that
it's high time the Dalit Muslims got their dues. He also sought SC status for Dalit Muslims. In this context,
he laid emphasis on amending Articles 340, 341 and 342 of the Constitution. At a meeting held here
recently, the JSAM had constituted a core committee to create an awareness on the issue. The meet was
attended by all the office-bearers of the JSAM. The members of the core committee will tour villages
inhabited by Muslims from November 3-15 and try to seek consensus over the issue. The JSAM president
said that leaders of all parties frequently refer to the Sachar Committee and the Ranganathan Committee
during polls but conveniently forget the implementation of their reports once the elections conclude. The
percentage of Muslims in central and state government undertakings is less than 2 percent. Though
political parties make tall claims to ensure political, economic and educational uplift of Muslims, especially
Dalit Muslims, no sincere efforts are made in this regard once the elections are over, he said. The state
executive committee of the JSAM had also raised issues pertaining to the Dalit Muslims at a meeting held
in the state capital on November 4, Naiyer said. (Times of India 7/11/09)
SC stays order on job quota for disabled (25)
New Delhi, November 06, 2009 The Supreme Court on Friday stayed a Delhi High Court order directing
the Centre to reserve three per cent jobs in government and public sector undertakings for the disabled,
including one percent reservation for the visually impaired. A bench headed by Chief Justice of India K.G.
Balakrishnan stayed the high court’s order terming it “prima facie incorrect”, after Additional Solicitor
General Indira Jaising said it was not workable. However, the bench said it was not staying the
Disabilities Act under which mandated three per cent reservation in jobs for disabled persons, including
one per cent for the visually-impaired. It said the interim directions passed by it earlier would prevail.
(Hindustan Times 9/11/09)

HRD ministry seeks details of backlog on SC, ST vacancies in AU (25)

ALLAHABAD: In order to clear the backlog of vacancies and promotion of the Scheduled Caste (SC),
Scheduled Tribe (ST) and other backward classes (OBC) categories, the human resource and
development (HRD) ministry has asked all the Central universities, including Allahabad University, to
furnish a detailed report regarding appointment and promotion of such employees. The letter comes in
wake of a special recruitment drive launched by the department of personnel and training to clear the
backlog. The letter, DO No 19-30/2008-Desk (U), dated October 23, has been signed by RD Sahay,
director (CU) of the department of higher education, HRD ministry. the ministry has sought a report about
the backlog existing in the vacancies filled in direct recruitment quota in respect of the universities and
report about the same under the promotion quota. The letter mentions the delay over submission of the
said report by the authorities of AU which they had to send in July. Following the delay, Sahay has written
to vice-chancellor Rajen Harshe and requested him to look into the matter and provide the reports in the
prescribed formats. The ministry has sought details, regarding backlog in direct recruitment of vacancies
under group A, B, C and D as on November 1, 2008; number of vacancies advertised and number of
backlog vacancies filled. Such information are been asked individually for SC, ST and OBC candidates in
AU and other Central universities. Similarly, the ministry has also asked the information pertaining to
backlog in promotion. It not only asks for number of vacancies identified as on November 1, 2008 but also
the details of number of backlog vacancies for which the candidates are not available even in the
extended zone of consideration. The university would sent the information on priority basis, said registrar
JN Mishra. (Times of India 7/11/09)

Congress remains committed to quota for backward minorities (25)

New Delhi: The Minority Affairs Ministry is working on a legislation to provide reservation for the minority
as per the Congress election promise. Salman Khurshid, Minister for Minority and Corporate Affairs, told
the media on Monday the Government is considering providing reservation to minorities in Central
Government on the Andhra Pradesh-model and would act in accordance with judicial provision since the
issue was before the courts. “Something in shape of Andhra Pradesh model which is lying with the court
right now,” he said. AP Government had provided a four per cent reservation to the minorities in job and
educational institutions beyond the 27 per cent quota set aside by the Mandal commission. On July 12,
2004 the government had issued an order declaring the entire Muslim community in the state as
backward class, offering them reservation. After the same was struck down by the high court the
Government introduced a similar Ordinance on June 21, 2005, which too failed the legal test. The Court
held that reservation based on religion could not be sustained under the Constitutional scheme. The
appeal against the said order is pending with the high court and Supreme Court. Sources close to the
minister said the Government would await the decision of the courts before drafting the proposed
legislation. Khurshid also said that the Minority Affairs Ministry had got the clearance from almost all
ministries, including Law, to draft the legislation on Equal Opportunity Commission which would now go to
the Empowered Group of Minister before its passage to the Cabinet for approval. “In Government we are
amazed that people are saying that we are not interested in implementing Sachar Committee
recommendations, but by clearing the decks for the panel, we have proved how serious we are to
implement them.” However, Khurshid made it clear that the 90 districts which have been short-listed for
implementing the comprehensive minority development programmes, (out of which 66 are Muslim
dominated), were chosen on the basis of their socio-economic backwardness. “Socio-economic
backwardness has been the criteria, otherwise number of minority-dominated districts would have gone
up to 103,” he minister said. Khurshid hinted that the Government is also trying to goad the corporate
sector for a more participatory role in the development of the minorities. “We have told the corporate
sector that for training minorities for jobs, we are ready to fund them, but corporate must also respond to
our efforts. We got some very encouraging response from them,” he said. “All we want that the Corporate
sector should include the disadvantaged group in vast rural areas as part of the Indian growth's success
story,” Khurshid said. Though he would not name any State Governments, but he said that the Planning
Commission was quite disappointed with many states which had not sent performance reports on the
implementation of the Prime Minister's 15-point programme. “I would not name any states as this is not
the right occasion, but I would like to mention that there are states which are not doing well,” he said.
Khurshid made clear that his department is looking after the interest of all the minorities - Sikhs,
Buddhists, Christians and Muslims . “ I want minorities to realise their well-being is linked to the well-being
of the majorities and vice versa.” He also said that the Justice Ranganath Mishra Committee report is now
with the Cabinet and when the Government clears it “we place it with action taken report in Parliament.”
(Pioneer 17/11/09)

Ravidas included in the list of 'Mahadalits' in Bihar (25)

PATNA: Bihar government has decided to include Ravidas community in the list of 'Mahadalits' on the
recommendation of the state Mahadalit The decision was taken at a state cabinet meeting under the
chairmanship of Chief Minister Nitish Kumar late last evening. "Ravidas community has been included in
the list of Mahadalits on the basis of the third recommendation of the state Mahadalit Commission", state
personnel and administrative reforms department's Principal Secretary, Deepak Kumar told PTI today. Of
the total scheduled caste population of 1.3 crore in Bihar as per the 2001 census, Ravidas community
accounts for 31.34 per cent. The state government has already listed 20 of the total 22 scheduled caste
communities in the list of Mahadalits on the basis of the recommendation of the Commission. The
government has also sought immediate report from the Commission on the status of Dusads community,
Kumar said. In another important decision, the cabinet allowed amendment to the Bihar Right to
Information Act (amendment) rules 2009 to make it more effective and prevent its misuse. The new
amendment would facilitate a person to ask for information under RTI act only on one subject at a time.
The state cabinet also gave its consent to form state scheduled tribe and scheduled caste commissions
to assess and upgrade their educational, social and economic development, Kumar said.
(Times of India 18/11/09)

Give quota to OBC, Dalit, Muslim women in 33 pc reservation: AIMC (25)

New Delhi, Nov 19 : Demanding 'quota within quota', All India Milli Council today demanded reservation
for OBC, Dalit and Muslim women in the proposed 33 per cent reservation for women in Parliament.
Urging the Government to rethink about the Women's Reservation Bill, AIMC General Secretary Manzoor
Alam said, ''The proposed reservation would lead to asymmetry in the representation of various classes.''
Alleging that Muslims were already under-represented by as much as 50 per cent, he said, ''Pandit
Jawahar Lal Nehru and Sardar Vallabhbhai Patel had asked the Muslims to trust the majority to give them
generously. Despite this, Muslim representation has fallen steadily.'' Naved Hamid, Secretary, Committee
For Empowerment of Muslim Women, said, ''We have only 32 MPs in the Lok Sabha whereas we should
have 72, commensurate with our population. It would decline further if the Bill is allowed in its present
form.'' Supporting the quota within quota demand, representatives of organisations like Jamiatul Ulema-e-
Hind, Muslim Women's Welfare Organisation, Dr B R Ambedkar Sewa Dal and Insaan Dost Council said
the increased representation demanded for OBC, Dalit and Muslim women was in proportion to their
population. Dr B R Ambedkar Sewa Dal president Archana Singh stressed, ''The benefit of representation
should not just reach upper-class women, like we witnessed in the recently concluded Assembly polls of
three states.'' She added, ''Though our concerns have been addressed to Prime Minister Manmohan
Singh, it would be appropriate if a committee is formed to look into women statistics and only then a
decision is taken on the Bill.'' (New Kerala 19/11/09)

High Court comes to the aid of students with disabilities ((25)

BANGALORE: In what could turn out to a major relief to students with disabilities, a Division Bench of the
Karnataka High Court on Friday refused to interfere with a single judge order directing the State to take
steps to reserve seats under government quota for them even in private professional colleges. A Division
Bench comprising Chief Justice P.D. Dinakaran and Justice V.G. Sabhahit passed the order dismissing
an appeal by the State Government against a single judge order. The single judge had directed the State
to ensure that seats are reserved for the physically challenged even in private professional colleges. He
had also directed the State to give a seat in postgraduate course in dentistry to Rajalakshmi. Dr.
Rajalakshsmi had petitioned the court after the State refused to allot her a seat under the physically
challenged category. Justice A.S. Bopanna on Friday ordered issue of notice to the State Government
and several respondents and also directed the State to allot a seat in a postgraduate course in medicine
to a student from Devaraj Urs Medical College, Kolar. M.S. Suprete, had moved the court saying that the
State Government is bound to allot a seat under the “Single girl child scheme.” She said though she had
passed MBBS, the State had not allotted her a PG seat in medicine under the scheme, saying that it
cannot be extended to courses in higher education. Justice Bopanna directed the State to allot her a seat.
(The Hindu 21/11/09)

Rajya Sabha adjourns twice in Question Hour (25)

NEW DELHI: Rajya Sabha was on Tuesday adjourned twice during Question Hour over separate issues,
including the alleged multi-crore scam. The House was adjourned for 10 minutes soon after it met for the
day when Ali Anwar (JD-U) created a ruckus over alleged leakage of the Ranganath Misra Committee
report on reservation to dalit Christians and dalit Muslims. Anwar said the report has been published in a
newspaper and sought government's response. Chairman Hamid Ansari said he could raise the issue
during zero hour but the Question Hour should not be disrupted. As the member did not relent, Ansari
adjourned the House for 10 minutes and called leaders of all parties to his chamber for discussion. When
the House reassembled, M Venkaiah Naidu (BJP) raised the issue of a "massive fraud and scam" in
Jharkhand saying the man in the dock, Madhu Koda, was propelled by Congress to the chair of the chief
minister of the state. "The person (Koda) needs to be put behind the bars immediately and the issue
discussed in the House," he said. Naidu also said the Liberhan Commission report on the Babri Masjid
demolition was "leaked" to divert attention from the Jharkhand scam. His comment was vociferously
countered by ruling benches, prompting BJP members to raise slogans. In the din, Ansari said, "I am
afraid that members are not willing to abide by the agreement made" and adjourned the House till 1200
noon - the second adjournment during the pre-lunch sitting. (Times of India 24/11/09)

Tribals association to protest non-fulfilment of demands (6)

MARGAO: The United Tribals Associations' Alliance (UTAA) will be holding a state-level dharna (sit-in
protest) at the Azad Maidan, Panaji from December 7 to 11 to mark the completion of one year of the Jan
Jagruti Yatra (awareness rally) organized by it to create awareness of their constitutional rights among
the tribal populace. The tribal associations are protesting the "lackadaisical" attitude of the government in
fulfilling their 12-point charter of demands. The UTAA will also lead a morcha to the state legislative
assembly on December 16 in a yet another attempt to press for their demands, alliance president,
Prakash Velip announced at a press conference on Monday. Significantly, December 16 is earmarked for
discussions over issues relating to the social welfare department in the Assembly that will be in session
from December 15 to 18, it is learnt. "We had been assured by the social welfare minister Ramkrishna
Dhavalikar last year that budgetary provisions for tribal welfare will be hiked from the current Rs 57-odd
crore to Rs 162 crore conforming to the 12% allocation of funds for tribals. However, the government is
yet to fulfill its assurances," Velip told reporters. Meanwhile, UTAA has submitted a memorandum to the
President of India, Pratibha Patil, listing out their charter of demands. The memorandum states that the
government has deprived tribals of their fundamental and constitutional benefits by not implementing the
reservation policy meant for them. Implementation of 12% political reservation in the state Assembly for
tribals; setting up an ST commission vested with all powers of the civil court; setting up an independent
tribal department and tribal ministry; 12% budgetary provision for tribals; strengthening of the ST finance
and development corporation by providing adequate funds; implementation of the tribal forest Act;
immediate filling up of backlog vacancies in direct recruitment; setting up planning authority for STs;
implementation of post-based rosters in government, semi-government organizations, autonomous
bodies and private sectors; imposing a ban on selling of land belonging to ST communities to non-STs;
notifying tribal areas; and simplifying procedures for issue of caste certificates, are the 12 demands
contained in the memorandum. (Times of India 24/11/09)

Bill for 50% women’s quota in panchayats introduced (25)

NEW DELHI: A Bill to amend Article 243 D of the Constitution and thus increase reservation for women
from one-third to not less than half of the seats in panchayats was introduced in the Lok Sabha on
Thursday. The Bill is also aimed at increasing reservation for women in the post of Chairperson and in the
seats reserved for the Scheduled Castes/ Scheduled Tribes across three tiers (village panchayat,
panchayat union and district panchayat). Introducing the Constitution (110th Amendment) Bill, 2009,
Rural Development and Panchayati Raj Minister C.P. Joshi said the move would empower women and
make panchayats more inclusive. According to the objects and reasons, women suffered multiple
deprivations of class, caste and gender. The existing provisions in the Constitution facilitated women in
general, especially those from the marginalised communities, to become politically active. Mr. Joshi
introduced another Bill to name the National Rural Employment Guarantee Scheme after the Father of
the Nation. The statement of objects and reasons of the “National Rural Employment Guarantee
(Amendment) Bill, 2009” says the association of Mahatma Gandhji’s name with the scheme would
reinforce its thrust on equity and inclusiveness.(The Hindu 28/11/09)

“State should undertake caste-based census” (25)

SALEM: Reiterating his party’s demand for a nationwide caste-based census, Pattali Makkal Katchi
(PMK) founder leader S. Ramadoss has insisted that at least the Tamil Nadu government should come
forward to undertake the exercise, which, he said, would ensure “fair” distribution of benefits to the needy
under the reservation system. The State, which is implementing 69 per cent reservation, should earmark
Rs.50 crore for the exercise and entrust Village Administrative Officers (VAO) with the task. “This exercise
will eradicate discrepancies in the reservation system, and the Justice Janardhanan Committee also had
endorsed the same,” he said addressing the media here on Saturday. Pointing out that the exercise had
been undertaken in Uttar Pradesh, Andhra Pradesh and Karnataka, Dr. Ramadoss claimed that
unfortunately, subsequent governments did not pursued the matter. “After the caste-based census in
1931, no Indian government has preferred to take up the job.” He said the former Union Health Minister
Anbumani Ramadoss had taken up the campaign by obtaining signatures of 178 MPs and, along with
leaders from other parties met the then Home Minister Shivraj Patel. “We approached the Supreme Court
on the issue. But, nothing has fructified and the governments are reluctant to go for the caste census.”
The PMK leader said just including a clause, ‘OBC/Sub Castes,’ similar to ‘Religion/SC/ST’ in
enumeration forms of 2011 census will suffice to know the present status of various castes in the country.
(The Hindu 29/11/09)

Parliament panel pulls up govt for withdrawing SC/ST, OBC Bill (25)
New Delhi, December 01, 2009: Criticising the government for withdrawing the Scheduled Caste,
Scheduled Tribe and Other Backward Class Bill 2004, a Parliamentary panel has asked it to come up with
a fresh bill on the subject. The committee on the welfare of Scheduled Castes and Scheduled Tribes,
which submitted its report 'Situation arising out of the employment secured on the basis of false caste
certificates' to Lok Sabha yesterday, has sought to know from the Ministry of Personnel, Public
Grievances and Pensions the reasons for the withdrawal of the bill. "The committee has urged the
government to withdraw the Scheduled Castes and Scheduled Tribes Bill 2008, which replaced the earlier
2004 Bill and passed in Rajya Sabha in December 2008 without discussion, keeping in view the anti-
reservation provisions incorporated therein. "The committee has recommended that the government
should come forward with a fresh bill on the subject after consulting the committee, National Commission
for Scheduled Castes and Commission for STs." In another observation regarding evolving a mechanism
to monitor the extent of benefits reaching the SC/ST population, it said, "The ministry being the nodal
ministry, should not limit its responsibility only up to formulation of reservation policy at the Central level.
"But it should obtain information on the progress made in the implementation of reservation policy in
states in order to get a reality check in the matter throughout the country."(Hindustan Times 1/12/09)

Centre's decision for quota in medical PG not binding on states, says SC (25)
NEW DELHI: In a ruling having a major ramification for medical education, the Supreme Court on
Wednesday held that the Centre's decision to provide quota for SCs and STs in post-graduate medical
courses did not automatically bind the state governments to follow suit and implement it in their medical
colleges. It took note of the fact that the Centre has provided for reservation to SC and ST candidates in
the All India Entrance Examination for MD/MS/PG Diploma and MDS courses and also in the All-India
quota PG seats, but firmly handed down the ruling that "the same cannot automatically be applied in other
sections where state governments have power to regulate." Moreover, the Bench comprising Chief
Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal appeared disinclined to grant a
direction to the states to follow the example set by the central government. It upheld the Haryana
government's decision not to provide quota for SC/ST in PG medical courses. "In our view, every state
can take its own decision with regard to reservation depending on various factors," said Justice
Sathasivam writing the judgment for the Bench. It said: "Article 15(4) is an enabling provision and the
state government is the best judge to grant reservation for SC/ST/Backward Class categories at PG level
in admissions and the decision of the state of Haryana not to make any provision for reservation at the
PG level suffers no infirmity." It accepted the Bhupinder Hooda government's explanation that reservation
in under-graduate medical courses is being provided strictly as per their policy but the PG level education
in medical education was governed by the Medical Council of India (MCI). It noted that "even the MCI has
not followed strict adherence to the rule of reservation in admisions for SC/ST category at the post-
graduate level." "In such circumstances, the court cannot issue mandamus (to the state) against their
decision and their prospectus also cannot be faulted for not providing reservation in PG courses," the
Bench said dismissing appeals filed by one DR Gulshan Prakash faulting the Haryana government's
decision not to provide reservation in PG-level medical courses in Maharshi Dayanand University. (Times
of India 3/12/09)

Quota for disabled in local bodies soon (25)

HYDERABAD: The State is awaiting technical clearance from the Chief Commissioner, Disabled Welfare,
to implement political reservation in local bodies for the disabled, said Principal Secretary, Disabled
Welfare, M. Chaya Ratan.At a function organised by the State government to celebrate the International
Day of the Disabled here on Thursday in the presence of nominated MLA Christine Lazarus and
Commissioner of Disabled and Senior Citizens Welfare A. Ashok. Others working for disabled rights who
participated included Ganta Satyanarayana Reddy and N. Ramesh. Mr. Ramesh said, “The process will
start with local bodies,” he stated. It is understood that a report was already submitted to the Ministry of
Social Justice and Empowerment so that government could go ahead. Mr. Satyanarayana Reddy and
others said that the disabled population needed a special legislation on the lines of the SC/ST (Prevention
of Atrocities) Act to ensure that they got justice and protection. (The Hindu 4/12/09)

BJP to fight for cause of Hindu Dalits (25)

PATNA: The state BJP has decided to go for massive Dalit mobilization in the state pegging it on the
imagined or real fear of the “Hindu Dalits” that the UPA-II led by Prime Minister Manmohan Singh would
grant reservation facility to Dalit Christians and Dalit Muslims in pursuance of the recommendations of the
Ranganthn Mishra Commission. Deputy CM Sushil Kumar Modi, along with BJP state chief Radha Mohan
Singh, did not mince words here on Sunday. The grant of reservation facility to the Dalit Christians and
Dalit Muslims would “jeopardise the interests of Dalits among us (read Hindu segments of society),” and
the BJP, in the situation, would not sit idle, and in fact, oppose it tooth nail to foil its accomplishment, Modi
said. Modi, whom the lower-rung leaders in the party’s kept on referring as “BJP’s CM in the government,”
made open the stand of his own and that of the party in this regard in the capacity of chief guest at the
function organized to observe the 54th death anniversary of B R Ambedkar at Bharatiya Nritya Kala
Mandir here. Former Union minister and the party’s Bhagalpur MP Shahnawaz Hussain, who is the
party’s `Muslim mascot’ at least from Bihar, was also present on the occasion, but thought it better to
apply discretion. “Nothing can be done that the Constitution does not allow,” he said. Yet, since Babri
Masjid was demolished on the same day 17 years ago, he also used understatement: “I appeal to all of
you to see things with equal eyes. Whatever the caste and religion of people, all should get justice. I do
appreciate efforts being made by the Nitish Kumar and Sushil Kumar Modi duo here.” It was also decided
to hold rallies and demonstrations at the district headquarters to protest the likely grant of reservation
facility to Dalit Christians and Dalit Muslims till January 26. The speakers lauded the steps taken by the
Nitish-Modi duo to alleviate the lot of Dalits. The steps included the grant of Rs 10,000 to Dalit students
who had passed matriculation examination in first division. Modi said that the move was afoot to improve
the atmosphere of 155 Welfare Hostels in the state. The hostel facility would be outsourced and separate
hostel superintendents would be appointed, he added. He debunked the Dalit affection of RJD supremo
Lalu Prasad and Lok Janshakti Party (LJP) leader Ram Vilas Paswan.(Times of India 7/12/09)

Plea for execution of Ranganath Mishra Commission (25)

KOTTAYAM: The Adi Dravida Dalit Sanghom (ADDS) has made a strong plea for implementation of the
Justice Ranganath Mishra Commission report without further delay. The outfit has also decided to lodge a
memorandum with Prime Minister Dr Manmohan Singh in this regard. Adi Dravida Dalit Sanghom
president J George Glen Mary, general secretary K A Chellapan and treasurer M G Thambi pointed out at
a news conference here on Monday that the long pending demand of landless Dalits in the state for
allocation of a minimum one acre of cultivable agricultural land through re-distribution of excess land in
the possession of land sharks has not been effectively addressed so far. Adi Dravida Dalit Sanghom
members also demanded measures for facilitating higher studies for all eligible SC/ST / Dalit X’ian
students, strict implementation of a policy for job reservation for Dalits and weaker sections in the public
and private sectors alike, proportionate reservation for Dalit Christians as well as 15 percent additional
special reservation for Dalit Christian women.(Express Buzz 8/12/09)

Rajya Sabha adjourned over reservation report (25)

The Rajya Sabha was adjourned Tuesday after angry opposition members demanded the tabling of a
report on reservations in jobs for Dalit Muslims and Dalit Christians. The trouble began in Zero Hour as Ali
Anwar Ansari and Sabir Ali of the Janata Dal-United (JD-U) and Aziz Pasha and P. Madhu of the
Communist Party of India (CPI) advanced to the speaker's podium demanding that the report of Justice
Ranganath Mishra Commission be tabled in the house. Deputy Chairman K. Rahman Khan said he was
not in a position to direct the government to table the report. When his repeated appeal for calm fell on
deaf ears, Khan adjourned the house at 12.15 p.m. for 15 minutes.(India E-News 8/12/09)

Panel wants education quota for Muslims, others (25)

New Delhi: The Justice Ranganathan Mishra Commission has recommended that 15 percent of seats in
all non-minority educational institutions be reserved for religious and linguistic minorities in the
countryCNN-IBN has accessed the committee’s report and learns that it defines religious and linguistic
minorities as backward classes and wants them brought under the umbrella of other backward classes
(OBCs). The committee recommends 10 percent reservation for Muslims and 5 percent for other
minorities. In case there are not enough Muslim candidates to fill the 10 percent seats, the vacant seats
should be offered to other minorities. The commission has said that in no case the reserved seats should
go to majority community. Concessions in eligibility criteria given to Scheduled Castes and Scheduled
Tribes should be given to minorities. It has also recommended 10 percent reservation for Muslims and 5
percent for other minorities in all government welfare schemes like the National Rural Employment
Guarantee Act (Scheme), the PM Rozgar Yojana and the Grameen Rozgar Yojana. Prime Minister
Manmohan Singh on Wednesday said that the commission’s report would be tabled in Parliament during
the ongoing session. "I have taken note of it. I assure that the report will be tabled before the session gets
over," he said in the Lok Sabha. The National Commission on Religious and Linguistic Minorities led by
Justice Ranganathan Mishra, former chief justice of India, submitted its report to the prime minister on
May 22, 2007 (CNN IBN 9/12/09)

Misra panel wants quotas for minorities(25)

New Delhi: A panel headed by former chief justice Ranganath Misra has recommended wide-ranging
affirmative action, including quotas for Muslims, Christians and other religious minorities in educational
institutions, government jobs and employment programmes, and suggested that the scheduled caste
(SC) net be made “fully religion-neutral”. The National Commission for Religious and Linguistic Minorities,
formed in March 2005, has proposed that 15% of posts in “all cadres and grades under the Central and
state governments” be earmarked for such minorities in a report that one social scientist said could trigger
a backlash. Within the 15%, the commission suggested that 10% be set aside for Muslims, in line with
their 73% share in the total minority population. If there aren’t enough Muslims to fill the 10%, the
vacancies can be filled by members of other minorities, but in no case by the majority community, it said.
“Yet, should there be some insurmountable difficulty in implementing this recommendation”, the
commission suggested carving out an 8.4% sub-quota for such religious minorities within the 27%
reservation for other backward classes (OBCs). The 8.4% is in line with an estimate of religious minorities
as a proportion of the OBC population. Within the sub-quota, 6% should be earmarked for Muslims and
the remainder for other religious minorities, it said. Mint reviewed a copy of the commission’s
recommendations, which have not yet been made public by the government. Prime Minister Manmohan
Singh said on Wednesday that the report would be presented in Parliament during the current session,
PTI reported. Newspaper Mail Today ran a story about the recommendations on Thursday. The five-
member commission was appointed in March 2005 during the first term of the Congress party-led United
Progressive Alliance government. The report was submitted on 22 May 2007. “Since the minorities—
especially the Muslims—are very much under-represented, and sometimes wholly unrepresented, in
government employment , we recommend that they should be regarded as backward in this respect...,”
the commission said. The panel recommended that at least 15% of seats in all non-minority educational
institutions be earmarked by law for the minorities, with 10% going to the Muslims. Minority candidates
who can compete with others and secure admission on their own merit shall not be included in the 15%.It
proposed that a 15% share be set apart for the minorities—with 10% going to the Muslims—in
government schemes such as the Rural Employment Generation Programme, Prime Minister’s Rozgar
Yojna and Grameen Rozgar Yojna, among others. In addition, the panel recommended amending the
Constitution (Schedule Castes) Order, 1950, which originally restricted the SC net to Hindus and later
was opened to include Sikhs and Buddhists, but still excludes Muslims, Christians, Jains and Parsis,
among others. The commission recommended that the order be “wholly deleted by appropriate action so
as to completely de-link the scheduled caste status from religion and make the scheduled castes net fully
religion-neutral like that of the scheduled tribes.”…….. .(Mint 9/12/09)

27% OBC quota may include reservation for backward class Muslims (25)
Union Minister of State (Independent charge) for Minority Affairs Salman Khurshid on Thursday said
reservation to Backward Classes of Muslims within 27 per cent OBC quota is under consideration of the
government. In a written response, to an un-starred question from Karimnagar MP P Prabhakar, on
whether the “government has any proposal to amend the Constitution to provide reservation to the
minority communities”, Khurshid said: “Providing reservation to Backward Classes of Muslims minority
community within 27 per cent OBC quota is under active consideration of the government”. He, however,
said there was no move to amend the Constitution. In response to another un-starred question, of BSP
MP Shafiqur Rahman Barq, on whether “the government had issued any guidelines to employment
exchanges regarding employment to minorities in view of the recommendations of the Sachar
Committee”, Khurshid, said: “The Prime Minister’s new 15-point programme for the welfare of minorities
provides for giving special consideration to minority communities in recruitment of police personnel,
Central police forces, Railways, nationlised banks and public sector enterprises, and for this purpose, the
composition of selection committees should be representative”. He cited a Department of Personnel &
Training (DoPT) Office Memorandum, dated January 8, 2007, which says that in order to make these
selection committees “representative”, “it should be mandatory to have one member belonging to SC/ST
and one member belonging to minority community in selection boards/committees for making recruitment
to 10 or more vacancies”… . (Indian Express 11/12/09)

Udit Raj threatens ‘fast unto death’ (25)

NEW DELHI: All-India Confederation of SC/ST Organisations chairman Udit Raj on Saturday announced
that he would go on “fast unto death” at Jantar Mantar here from this coming Tuesday demanding
reservation for Dalits in the private sector, filling up of backlog vacancies and enactment of Reservation
Act. Addressing a press conference at his Atul Grove Road residence here, Dr. Raj said the United
Progressive Alliance Government had tabled a Bill in Parliament in 2004 for effective implementation of
reservation. “However, when the opportunity came to pass the Bill in February-March this year, it was
found that the Bill had many irregularities. We had demanded that the Bill be tabled again after rectifying
the anomalies. Unfortunately, the Bill couldn’t be passed even after rectifying the irregularities and now
the Government has withdrawn the Bill.” Expressing dissatisfaction over the Government’s lack of
response to the dharna organised by the All-India Confederation of SC/ST Organisations at Jantar Mantar
since November 19 this year, Dr. Raj said even though educated people have been sitting on dharna not
even a single representative from the Centre had shown any interest in their demands. “As a result, I’ve
been forced to go on a fast unto death from December 15. So far, a hundred people have also decided to
undertake the fast.”Stating that after the positive response from the Union Government to the demand for
Telangana a spate of similar demands from other parts of the country had been pouring in, Dr. Raj said:
“So long as the Telangana Rashtra Samithi was demanding a separate State, it had not become a hot
issue. But when the marginalised Dalits and Adivasis of the area supported this demand, this issue
assumed importance. Wherever there is deprivation, there will be demand for a separate State and law
and order will worsen.” He claimed that Jharkhand and Chhattisgarh and Uttarakhand were carved out as
separate States because of deprivation of tribals and hill people respectively. “Since the government jobs
have shrunk,” claimed Dr. Raj, “there was a lot of frustration among the youth belonging to Scheduled
Castes and Scheduled Tribes. Whatever has been achieved by people belonging to the Scheduled
Castes and Scheduled Tribes categories by way of social recognition, prosperity and participation in
governance is because of reservation in government jobs. Now that reservation in government jobs is
nearly finished, it is important that reservation in private sector is introduced immediately so that Dalits
can be saved from going into the pre-reservation era. If our demands are not heard, then it would add fuel
to fire.” Dr. Raj’s main demands also include reservation in the Supreme Court, High Courts and the
Army, abolition of contract labour system in government services and validation of caste certificates
issued by one State by all others. (The Hindu 13/12/09)

Rangnath Commission report to be studied 'sincerely': Govt (25)

NEW DELHI: Government on Sunday said it will examine the report of Rangnath Mishra Commission that
recommended 10% reservation for Muslims and five per cent for other minorities "with all sincerity" but
refused to commit whether or when the recommendations will be accepted. "We will examine it ( Mishra
Commission report) with all sincerity. For us, it is an issue of importance," minority affairs minister Salman
Khurshid said when asked if the government will implement the recommendations and if yes, when.
Khurshid said the Centre will study the recommendations and then decide which of them should be
implemented. He also justified non-tabling of the action taken report along with the commission's report in
Parliament, saying it was not mandatory as the National Commission for Religious and Linguistic
Minorities, headed by former Chief Justice of India Rangnath Mishra was not constituted under the
Commission of Enquiry Act. Among a host of recommendations, the Commission suggests delinking of
Scheduled Caste status from religion and abrogation of the 1950 Scheduled Caste Order which "still
excludes Muslims, Christians, Jains and Parsis from the SC net." The Order originally restricted the SC
status to Hindus only but was later opened it to Buddhists and Sikhs. If the Commission's
recommendation is accepted, Dalits converted from Hinduism Islam and Christianity will also come under
SC category and can claim benefits being given as per the Constitution. (Times of India 20/12/09)

Social equity? Not in govt jobs and promotions (25)

New Delhi: The government's social equity policy does not reflect in its functioning. Despite reservation
for scheduled castes (SC) and scheduled tribes (ST) in government jobs and promotions, there is not a
single SC at the secretary level. Of the 874 central government officers posted at various levels, only 45
belong to SC and 23 to ST category. Not a single SC is among the 88 IAS officers posted as secretary in
various central ministries. There are four secretaries who belong to ST category though. Among the 66
additional secretaries, there is only one officer each from SC and ST category. Of the 249 joint
secretaries, there are only 13 officers from SC and 9 from ST. And of the 471 director-level officers, only
31 are SC and 9 ST. Upset with the disparity, the National Commission for SC (NCSC) has sought an
explanation from the government. "We have asked the secretary of the department of personnel and
training (DoPT) to explain this," commission chairman Buta Singh said. A commission member even
hinted at bias. "There are many suitable people, but why are SCs/STs not picked up for top posts? One
cannot rule out bias," NCSC member Mahendra Boddh said. Dalit activist Udit Raj minced no words
though. "The bias against competent SC/ST officers during the empanelment of joint secretaries stops
them from becoming secretaries," he said. DoPT clarified that officers on these posts are appointed on
deputation from various cadres. Therefore, the percentage of SC/ST officers on these posts need not be
the same as in their respective cadres. The posts of secretary, additional secretary and joint secretary in
the ministries and departments are not promotion posts, like those in the ministry of external affairs where
posts of these designations are cadre posts. Under the Central Staffing Scheme (CSS), the posts of
secretary, additional secretary, joint secretary and director are filled with officers from various cadres,
including state cadres, who are empanelled from a list of those who opt for deputation under the CSS.
"There is no provision of reservation for SCs/STs in these posts. However, at the time of empanelment,
every effort is made to empanel SC/ST officers, if needed by adopting liberal benchmarks," said Prithviraj
Chavan, minister of state in the ministry of personnel, public grievances and pensions. An official claimed
there is usually a shortfall of SC/ST officers during recruitment, which carries on till the end and is
reflected in appointments of secretaries. UPSC had recommended only 34 candidates belonging to SC,
28 to ST and 136 to OBC during 2007-08, against 249 posts reserved for them in civil services, the official
said. (DNA 21/12/09)

Rangnath panel recommends three-language formula (25)

New Delhi, Dec 20 (PTI) A panel, which recommended reservation for Muslims and other minorities in
government jobs, has advocated implementation of a three-language formula all over the country for
welfare of linguistic minorities. The five-member National Commission for Religious and Linguistic
Minorities headed by former Chief Justice of India Rangnath Mishra said, "the three-language formula
should be implemented everywhere in the country making it compulsory for the authorities to include in it
the mother tongue of every child - including especially Urdu and Punjabi." "All necessary facilities,
financial and logistic should be provided by the state for education in accordance with this dispensation,"
it said. The Commission made the observation while recommending measures for the welfare and
upliftment of linguistic minorities. (PTI 21/12/09)

Plea to reject Ranganath Mishra panel report (25)

THIRUVANANTHAPURAM: Major SC/ST organisations in the State have decided to launch a stir to press
for rejection of the Ranganath Mishra Commission report. Addressing a joint news conference here on
Saturday, Bhooparishkarana Samiti coordinator M. Geethanandan, SC/ST joint action council general
convener Punnala Sreekumar, Adivasa Mahasabha convener E.P. Kumaradas and Adivasi Gothra
Mahasabha general secretary G. Asokan said a massive convention of SC/ST communities would be
held in Kochi on January 16 to finalise details of the agitation, which would also include a Parliament
march. The recommendations amounted to rejection of the principle of social justice enshrined in the
Constitution and its acceptance would lead to acceptance of economic criteria in reservations, they said.
The SC/ST leaders alleged that the Commission’s recommendation that economic criteria should be the
basis for reservations would also undermine the principle of equality of opportunity and result in sections
that had suffered for generations on account of the caste system.The report had been prepared without
sufficient research as done by the Mandal Commission and its conclusions would ignite communal
tensions. At a time when the job opportunities available to marginalised sections was declining and the
country was hearing a strong argument for reservation of jobs in the private sector, the Commission’s
recommendations would only help weaken the Indian democratic edifice, they added. They also came
down heavily on the Commission’s recommendation for inclusion of Dalit Christians and Muslims in the
SC list. The Commission had the responsibility to explain the reasons why it had made such a
recommendation. (The Hindu 27/12/09)

Sadashiva Commission’s term extended by a year (25)

Bangalore: The term of A.J. Sadashiva Commission of Inquiry, set up to review distribution of reservation
benefits among various Scheduled Caste groups, has been extended by a year to enable it to complete
the pending door-to-door caste Census across the State. The term of the commission, set up by the
Dharam Singh government in 2004, was to come to a close by the end of this month. The socio-economic
survey, scheduled to begin a few months ago, had been delayed owing to floods in north Karnataka
districts. The panel was set up following complaints by the most-deprived groups within the SC category
that some castes had cornered all reservation benefits, while others had been denied their fair share of
Constitutional rights. Organisations like Madiga Meesalathi Horata Samiti had been demanding extension
of the commission’s term and release of adequate funds for conducting the survey. Speaking to The
Hindu, Justice Sadashiva, a former judge of the Karnataka High Court, said that a door-to-door Census
was necessary because there was no concrete information on the population of each of the 101
Scheduled Castes and the extent of their backwardness. “There is added confusion on categorisation of
castes between different districts of the State,” he said. “What is categorised as Adi Karnataka in some
districts is categorised as Adi Jambava in others.” In a few districts like Kolar, there is confusion between
regions within the district as well. The commission has formed a questionnaire with 150 questions to
determine the social, economic, political, educational and cultural status of the castes. It has already
completed a pilot survey and held meetings with Dalit leaders in all the districts of the State. The panel
has studied reports of other commissions which went into similar questions, such as the Usha Mehra
Commission on the Madiga Dandora issue in Andhra Pradesh. It has also studied efforts like the Bihar
Maha Dalit Vikas Mission set up to identify the castes within Scheduled Castes which have lagged behind
in the development process, and suggest special projects for their benefit. (The Hindu 30/12/09)

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