Mahadeep Singh Jamwal
The Constitutional and Legislative Measures: The Preamble of the Constitution assures equality, promotes fraternity, guarantees liberty and ensures justice to one and all, Article, 15, 16, 17, 38 and 46 guarantees that the state shall not discriminate, between persons on account of their religion and caste or creed. Article 46 promotes educational and economic interests of SC, ST and other weaker sections. Article 330 reserves representations for SC/ST in the house of the people. Article 335 mentions the claim of Scheduled Castes and Scheduled Tribes to services and posts, appointments of National Commissions for Scheduled Castes and Scheduled Tribes, the enactment of Untoouchabelity Offences Act, 1955, replaced by the protection of civil rights act, 1976, The Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act,1989.
Other Welfare Measures: Centrally Sponsored Schemes for Educational Benefit of Scheduled Castes and Scheduled Tribes. Free coaching and training for various competitive examinations (IAS. IPS, IFS etc.), to increase their representation in various services, providing of financial assistance, text books studying in medical and engineering colleges, scholarships etc, and economic programmers as allotment of lands, interest free loans, expansion of employment opportunities and reservations, uplift of SC/ST castes through five year plan. The allocation for welfare of the Scheduled Castes and Scheduled Tribes has been increasing from plan to plan. With first five year plan 1951-56, allocation of Rs.30.04 Crores increasing gradually to 79.41 Crores in 56-61, 100.40 Crores in 61-66, 1337.31Crores in 80-85, 1521.42 Crores in 85-90 plan and so on. The size of investment on these special measures has increased from plan to plan. The State government is also spending a sizeable amount on the welfare of these peoples. A number of voluntary organizations are also engaged in promoting the welfare of these people. A person has got almost more than thirty five years of benefit of reservation policy and had completed his studies, now he should stand on his own feet’s and should face the competition in the market.
If in spite of such drastic steps, accommodating measures and spending huge amount of tax payers, the government is unable to uplift the depressed classes and deliver benefits even after inception of 65th year of independence, then it speaks of four versions, one the inefficiency and lack of will power of both the Central as well as the State Governments during this period to achieve the desired results, second the huge allocations of funds for the desired cause siphoned off and welfare measures on papers only, third this class itself want to remain as ‘Assumed Depressed’ class to get the benefits in the shape of reservations without any efforts as one cannot make a man stand on his legs if he does not want so and fourth the benefits of all such measures have been accrued by particular section of this depressed class giving reasons to stipulate the concept of ‘Creamy Layer’ in reservation policy. What may be the reasons; one section of the society is bearing the brunt and bruises because of the rulers and mindset of this class. The reservation policy should be based on the economic basis not on the class or caste basis. We are in favor of enhancing the welfare measures to uplift this depressed class (if still it is so) to the limits of the sky but at the same time such measures should not cut down the rights of other classes merely being belonging to the upper caste otherwise expect a ‘Hardik Patel’ to clamor for the due rights of this upper caste, which are not the privileges but due rights. A person through ‘Reservation Right’ get himself enrolled at the starting line of profession along with the employees of non reserved categories. While persuading his carrier, he gets all equal opportunities to make himself able to compete in his individual capacity. In the professional carrier, there is equal state of affairs in which all specific employees have same status and equal opportunities to prove worth of his next elevation. So an employee if could not make himself capable of next promotion with all equal resources and opportunities, how it is justified to promote him through the undeserving stairs of reservation. Less capable person on his promotion is bound to bring inefficiency in the working culture of offices and is likely to demolish the guiding structure responsible for uplifting the common mass of the society. The leaders of the communities should have the courage to admit that ‘Quotas’ may be mere ‘place boss’ – they are not the cure for social backwardness. So the matter which deserves to be looked into is to see whether congenial atmosphere exists in the work culture and equal opportunities are afforded to the employees of this reservation system and this aspect require special attention than thrusting the volley of reservation in promotions.
Every man is responsible for his own destiny, if instead of looking forward for his bright carrier through his efficiency, efforts and works hard; only expect the easy ladder of reservation to ride over his able subordinates of the time. A person with better qualification and experience is left only to let an inexperienced person rise over him. The present turmoil in J and K State by a decision of Honorable High Court has now fallen into the compound of ‘Apex Court’ of the country. Many judgments have been handed down in the form of suggestive in nature and many disallowing reservation in promotions. The tall leader of Dalits Mayawati as claimed so, introduced policy of reservation in promotions during her tenure as Chief Minister of Uttar Pradesh in 2008, which was challenged through approximately fifty petitions in the Allahabad High Court. This policy of the Mayawati Government was dubbed by the Honorable High Court as ‘unconstitutional’ and struck it down. This decision of Allahabad High Court was petitioned by the government of Uttar Pradesh in Supreme Court of India, and the Apex Court of the country, in its decision on 12th April 2012 upheld the decision of Allahabad High Court with the observations that promotion will be given according to the seniority list. This decision leads to agitations in the State.
Lastly but not least, it is admitted fact that decisions of the topmost judicious minds of the country have settled many complicated issues to the extent that such topics became packed into the silent bag, without any commentary on the decision, owing to the reasons of ‘Contempt of Court’, but it has practically failed to reconcile the feelings of the concerned parties in real sense, which always remain fresh and boiling in their thoughts. The only solution lies, if every right thinking minds of the society debate with their own inner conscious voice, without pre conception theory and emotional mind-set, keeping in view the dimensions of ‘efficiency and inefficiency’ ‘experienced and inexperienced’ in the system of Natural Justice. Let us channelise our thinking on the right path and in right direction to save the minds of our upcoming generations being polluted on this issue. The decision of the ‘Apex Court’ of the country will prevail over the issue. A decision of the Apex Court cannot erase the indelible prints on one’s mind and thought. The recommendations of Seventh Pay Commission as of putting ‘Efficiency Bar’ for release of annual increment is also an eye opener as to dispense with the reservation in promotion. If one is not entitled even for an increment being inefficient, how he can be benefitted by a reward of promotion by this absurd method of reservation in promotion. A judicious and acceptable decision by right thinking people of both ideologies from the sane society can deliver a best in the best interest of the nation. We should not expect a political decision on this issue of ‘Reservation in Promotions’ in its right perspective, owing to the reasons of ‘Vote Bank Rajniti’.
(Concluded)
