Rights Violation continues; An Appeal

12Feb09

Violation of fundamental rights enshrined in Constitution of India by proposing features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008

With reference to above mentioned subject, we people of the unprivileged community of India would like to bring the following facts in your kind notice for necessary and immediate action:

1. Equality of opportunity in matters of public employment (Article 16) and Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15) are vital section of the Fundamental rights enshrined in the Constitution.  These Articles of Constitution cannot be amended by a simple majority in both the Houses of parliament. Also parliament can’t make law prohibiting these essential rights.
2. The proposed features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008’ are unwarranted and violate the fundamental rights enshrined under Article 16 (Equality of opportunity in matters of public employment). According to Art 16 (1)-There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

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

3. According the Constitution of India, in the name of national importance can’t make any rules to discriminate SC/ST population. Nowhere in the world is government makes a law to discriminate their oppressed population projecting something important and hence should have exclusion policy (against SC/ST in India). Rather the most prestigious institutes should be first to implement the affirmative action policies.

4. Most of the institutions amongst 47 mentioned under section 4 schedule of the proposed bill, have SC/ST reservation policy of Indian constitution. Central government can’t put forth a bill which violets the basic fundamental rights of Constitution. If central government wants to enact a law to discriminate SC/ST faculties in public institutions, government need to amend the Art.15, Art 16 and all other basic structure of Constitution. Such amendment is not possible under the constitutional law of the Indian nation. Article 13 (2) provides for the protection of the fundamental rights of the citizen and change the basic structure of the constitution. Parliament and the state legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen.

5. As you are aware that SC/ST representation in teaching posts in the Central Universities, IITs, IIMs, NITs and other Institutes of higher education is negligible even after 62 years of independence of India. We hope that you are very well familiar about the reasons for this situation.

6. First time in the year 2005, the Govt. of India, MHRD vide their order No. 6-30/2005 U-5 dated 6th December, 2005 has directed the UGC to implement the SC/ST reservation on teaching posts in Central Universities and Institutes which are deemed to be Universities receiving grants from Govt. of India. Consequently, the UGC directed all the Central Universities and other Institutes to implement the SC/ST reservation on all the teaching posts such as Lecturer, Reader and Professor and by whatever other nomenclature the posts are known. The same type of order was sent by MHRD to IITs in June, 2008. These orders were validated by the Hon`ble Supreme Court in case of SC/ST. Moreover, in these orders only posts were made reserved and no relaxation was given to SC/ST candidates in eligibility criteria to maintain the standard of higher education.

7. Working Group Report of the “DEVELOPMENT OF EDUCATION OF SC/ST/MINORITIES/GIRLS AND OTHER DISADVANTAGED GROUPS” for 11th Five Year Plan (2007-2012) states that the teaching and other posts in the universities and other institutions should be filled as per the reservation policy without any dilution. UGC should make strict rules and regulations to fill in the post of reserved category. Defaulting universities or affiliated colleges should not be granted financial support or any grants.

8. The policy guidelines mentioned in Para 2 above are in infant stage and being formulated for implementation by the Central Universities and IITs. In the same time the Govt. of India is going to pass ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008’ in the Parliament, whose only objective is to end the representation of the SC/ST community from the premier and resourceful institutes of higher education.
9. The most disappointing parts of the above said bill are clause (iii) and clause (iv) of subsection (1) of section 4, according to which there is no reservation to posts higher than the lowest grade of group ‘A’ posts and classified as scientific and technical post; and to posts higher than the lowest grade of group ‘A’ posts in institutions of national importance and Indian Institutes of Management specified in the Schedule. It means that there will be no SC/ST teacher in IITs and very few SC/ST teachers in Central Universities (total 47 educational institutes at present and more can be added). Therefore, section (4) of the bill is against to the existing reservation policy mentioned in Para 2 and that will result in bad to worse condition of SC/ST community in higher education.

10. The Banaras Hindu University itself has around 2300 teaching posts. As an average all the 47 institutes mentioned in the Schedule have twenty three thousand and five hundred (47×500 = 23500) teaching posts and as per the recommendations of Sixth Pay commission, all of them are higher than the lowest grade of group ‘A’. Thus around 5287 posts out of which many can be filled by the SC/ST candidates are being exempted from the preview of reservation. Most of the Universities have affiliated colleges also (more than 100 colleges are affiliated with DU) and therefore, this number may go up to 10 thousand.

11. It is worth to mention that there is no representation of the members of SC/ST community in the Executive Boards and Selection Committees constituted for the recruitment of teachers in higher educational institutes. History is evident that the merit of candidates belonging to SC/ST category is ignored by the selection committee when they apply under general category. Further, due to negligible representation of SC/ST candidates on teaching posts in the universities, the SC/ST students face lot of difficulties in completing their projects and Ph.D. etc; and welfare schemes for SC/ST students also do not run successfully.

12. In the present bill, nothing has been mentioned about the ban on de-reservation, steps to stop the discrimination with SC/ST candidates in selection committees and panel action against the defaulter officers. Moreover, in this Bill all the existing provisions for SC/ST reservation on teaching posts in Central Universities and other Higher Educational Institutes mentioned in Para 2 above have been weaken and an instrument (subsection 2 of section 4) has been provided to prevent the SC/ST candidates from entering into the higher education. One day, Govt. of India will declare the Parliament as an Institute of National Importance and therefore no reservation for SC/ST in the seats of MPs/MLAs.

13. You are the only politician in the country who is carrying forward the Dalit Movement initiated by Baba Saheb Dr. B. R. Ambedkar. In the present situation you are the only reliable person who can raise voice in the Parliament against the Reservation Bill -2008.

In view of the above facts, you are humbly requested for the following necessary action which is required for the overall upliftment of the SC/ST community.

* Kindly take necessary actions to stop the unconstitutional bill to be presented in parliament- Loksabha.
* Kindly try your level best to unite all the SC/ST MPs in Lok Sabha/Rajya Sabha and remove the Section 4 with Schedule from the Bill.
* Kindly try to include appropriate provisions in the bill to stop caste based discrimination with the SC/ST candidates during the interviews for selection.
* Kindly emphasize on recasting of the Bill in the light of 11th five year plan.



6 Responses to “Rights Violation continues; An Appeal”

  1. 1 G.Pandu Naik PhD

    The Congress Party in the previous election manifesto had promised to provide job reservation in private sector which it did not do. Reservation in government is a settled issue by a series of supreme court decisions. The present bill for excluding SC/STs from IITs and IIMs violates the constitutional provision that the claims of members of SC/STs for employment in state services should be given due consideration consistently with maintanance of efficiency of administration. In the IIMs at present 99.4% of the teachers belong to the so called general merit. Out of which 33% donot have publication in international journals of repute, 47% have not ever carried out consultancy projects, 65% have not conducted MDPs and 96% of the faculty members have not written even text books in their respective subjects. SC/STs are much better than these general merit professors. Congress should consider selecting SC/STs on merit by constituting unbiased selection panels rather than restricting their entry by legislation

  2. 2 kumarpushp

    Dr Ambedkar had said rights are taken by force and no body will give in plates ,you have to keepready to shed your blood for your coming genration dear Naik.175 million Pakistani has got the Nuclear wepons and 175 millions dalits donot have even a petrol bombs to fights with barbaric hindus.

  3. 3 SHAILESH G

    I have filed a WP in MUmbai High Court for dereservation of SC and ST posts which has been dismissed on 03.40.09 ON the ground that there ia no reservation in promotion within officer but the fact is that once declared post for recruitment and declared the reserved post and later on converted the said recruitment to promotion to fill the remaining vacancy and accordingly the reserved post should also be filled with reserved category but instead of that all the vacancies including reserved vacancies filled by general category. Pl help and or guide me to get justice in review and or appeal.
    thanks and warm regards

    SHAILESH G
    MOB 9821284116

  4. this is a very useful website for me to understand the rules for dereserving the opst of sc/sts. I have applied for the post of professor reserved for sc in pondicherry university. I was not selected despite of my achievements and other qualifications. it was a bitter experience for me being the senior faculty/working as reader and having 5year of experience. the post is now re-advertised in the open category. what shall i do if i want to fight for the rights.

    chandraiah

  5. 5 S.POOPATHI

    Sir
    Whether i would like to know:
    1)prohibition of SC/ST reservation in some Government depts for the last several decades,comes under the section of violation of constitutional rights.Otherwise whether this issue is only a departmental service matter.
    2) If it is a violation of constitional rights, Can we take up this issue to honb’le High court straight away instead of filing it in CAT (if it is a service matter).
    Also, i request your good office to quote some of the references to follw.
    Please reply
    Thanking you
    Sincerely
    Dr. S. POOPATHI
    Scientist

  6. 6 Ram Mohan

    Sir,
    My qyery is about the Resevation policy followed for SC/ST students for admission in to coleges in Pondicherry UT.

    I understand that SC/ST Reservation is aviallble only for those settled in Podicherry UT on or before 1964.Reservation benifits are denied for the children’s of Central Govt. & PSU employyes workig whih in Podicherry .These children are considered as “General Category” However for OBC and MBC there is such condition exist.

    I feel this is a clear case of discrimination and fail to understand the policy. I am also not aware of the background and sanctity of such a policy.
    Kindly enlighten me.
    Regards,
    K.Ram Mohan


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: