<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>TN passes Act for quota in pvt institutions </b>
Pioneer.com
K Venkataramanan | Chennai
Tamil Nadu on Wednesday enacted a law in pursuance of the 93rd constitutional amendment to provide for reservation in private institutions, either aided or unaided.
<b>The State Assembly passed the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006 by voice vote. The Act, as per Article 15(5) introduced by the 93rd amendment, excludes institutions established by minorities.</b>
The new law provides for reservation to SCs, STs, and Backward Classes based on the enabling provision introduced by Parliament by the amendment last December.
Parliament had amended the Constitution to offset the effect of the Supreme Court verdict in the PA Inamdar case, holding that the Government could not appropriate any quota for itself in private, unaided educational institutions.
As there was no quota for the Government in unaided (self-financing) colleges and other such institutions, all seats went to the management, and the Government could not enforce its reservation rule. This created a confusing situation in Tamil Nadu, where there are more than 250 self-financing engineering colleges and innumerable private institutions offering other courses.
Under the newly-introduced clause 5 of Article 15, States may, by law, make special provisions for socially and educationally backward classes in so far as such special measures relate to admission of students in private institutions, either aided or unaided, but not including minority institutions established under Article 30(1) of the Constitution.
<b>Tamil Nadu has a total reservation for 69 per cent (18 per cent for SCs, 1 per cent for STs, 50 per cent for Backward Classes, of which 20 are earmarked for most Backward Classes and denotified communities). It already has a law, enacted in 1993 and included in 1994 in the Ninth Schedule of the Constitution, to place it beyond judicial purview, to protect its existing level of reservation.</b>
The Assembly also unanimously passed a resolution appealing to the Centre to promulgate an ordinance to implement reservation for Other Backward Classes (OBCs) in institutions of higher learning under its purview like Indian Institutes of Technology and Indian Institutions of Management.
The resolution also appealed to the striking doctors and medical students to return to work. "Certain oppressive forces are inciting medical students to continue their agitation," it said. It said that strikes and protests were continuing despite the Prime Minister's appeal and the Supreme Court's warning.
The House also appealed to the Centre to go ahead with implementing its plan to provide OBC reservation to ensure their advancement in society at par with others
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Its over. Arjun Singh and Sonia Gandhi win.. Until SC intervenes ofcourse.
Good show put up by kids. I think they should have tried to align with the private hospitals and give treatment to patients outside the GoI hospitals. But in any case, its all upto judiciary.
What is a minority institution ? Has it been decided ?
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Its over. Arjun Singh and Sonia Gandhi win.. Until SC intervenes ofcourse.
<!--QuoteEnd--><!--QuoteEEnd-->
Its not over, Show will start now, from 15 June college admission will start and SC had given UPA 60 days to reply. Resident doctors had resumed work not medical college students.
I think Narayanan (NSA)'s message to the youth of India is getting through.
http://us.rediff.com/news/2006/may/31guest.htm
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->"Bharat Chodo Andolan. I and a group of like-minded students are trying to migrate to greener pastures like the States, Canada and Australia. A day will come when the whole country will be full of non-general candidates and there won't be any meaning of quotas. They will eventually lift quotas," said Kodali.<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The Act, as per Article 15(5) introduced by the 93rd amendment, excludes institutions established by minorities.<!--QuoteEnd--><!--QuoteEEnd-->
Wonder why?
Increase in quota will divide nation: SC
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->In a caustic remark the Supreme Court said that the proposed increase of OBC reservation would divide the great nation on the basis of caste.
A vacation bench of Justice Arijit Pasayat and Justice L S Panta ordered the Union of India to answer to three crucial questions:
1 What is the basis of the norms for fixing the OBC category?
2 What is the rational behind fixing it?
3 If the proposed reservation is implemented, what are the modalities and the basis for modalities?
The apex bench gave an eight weeks time to file counter-affidavit on implementation of the policy.
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Two Govt reports question Mandal statistics
Pioneer.com
Rajeev Ranjan Roy | New Delhi
<b>OBC figure 33.5 per cent, not 52 per cent ---- Did the Government deliberately sit on facts on OBC population in the midst of the ongoing quota row? Going by a report of the Ministry of Statistics and Programme Implementation, the answer is a definite "yes". </b>
The National Sample Survey Organisation report of 1999-2000 pegs the overall OBC population at 33.5 per cent, 37.52 per cent in rural areas, and 30.38 per cent in the urban segment. The Mandal Commission report had pegged the OBC population at 52 per cent.
Instead of taking judicious note of the NSSO report, a key department of the Ministry of Statistics and Programme Implementation, the Centre has followed the fallacious impression that the OBCs account for almost 52 per cent of the total population. The NSSO survey released in September 2001 put the population of non-OBC/SC/ST at around 55 per cent including minority communities too.
Among all States covered by the Ministry in the survey, <b>Tamil Nadu has the largest number of OBC population, accounting for 63.09 per cent of rural population and 68.13 per cent of the urban population. </b>
The report adds substance to West Bengal CPI-M unit secretary Biman Bose assertion that the <b>State's Left Front Government would not reserve 27 per cent quota for OBCs, as they account for only 6.45 per cent of the State's total population.</b>
"The percentage of SC/ST/OBC population in NSSO report is based on the survey of the castes as identified by the Government of India. Given the magnitude of the report, the figures must be close to the reality. Differences could be of a few per cents if caste-wise census is done. Otherwise, our findings are quite authentic," a Ministry official, requesting anonymity, said.
In all, NSSO surveyed as many as 6,046 villages covering 4,116 blocks across the country. In all, 71,385 rural and 48,924 urban households were surveyed to ascertain the citizens socio-economic status. In rural areas, 3,74,856 people were surveyed to know their social and economic status, while in the urban areas, 2,25,160 people were surveyed.
The statement titled "Percentage distribution of persons by social groups in rural and urban areas of major States" in the <b>NSS Report Number 472 gives an overview of the OBC population in 15 States. They are - Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal</b>.
Uttar Pradesh and Bihar, the so-called cauldron of 'social justice' politics, have less than 50 per cent OBC population. In UP, OBCs account for only 37.2 per cent of the total population, while the figure is 49.09 per cent in Bihar. In Madhya Pradesh, OBC population is 41.50 per cent and 36.47 per cent in rural and urban population respectively. In Karnataka, OBCs account for 39.15 per cent of rural population. In urban population, their presence is 30.65 per cent.
After Tamil Nadu, Kerala is the only State where OBCs account for over 50 per cent of total population. They account for 51.08 per cent and 55.32 per cent of the rural and urban population respectively.
In Andhra, they account for around 42 per cent of the total population, and in Orissa around 27 per cent. In Rajasthan, OBCs account for 31 per cent of total population, and in Gujarat around 28 per cent.
<b>NSSO survey puts SC population at 17.38 per cent, a little higher than 16.23 per cent of Census 2001. According to the survey, STs account for around 7 per cent of the country's total population against 8 per cent plus as per Census 2001. "Going by the population of SC/ST as established by NSSO survey that is very close to the Census 2001 figure, the OBC population should not be more than 35 per cent under any circumstances,</b>" the official said.
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Thursday, June 01, 2006
Quota move brings out caste divide in young Indians
By Kamil Zaheer
Modern India likes to boast about its emergence on the world stage and its booming information and pharmaceutical sectors, but the country is still grappling with the ancient Hindu caste system which divides its people
Medical student Karen Puri has abandoned his studies for the past two weeks to sit on a dirty carpet in the Indian capitalâs searing summer heat
Three years ago the upper caste student failed the tough admission test for medical school, passed over in favour of lower caste candidates who scored less marks. A year of gruelling studies later â no parties, no movies, no social life â he finally won a place at a medical college in New Delhi.
But Puriâs frustration turned to anger last month when the government announced a plan to more than double seats for lower caste candidates in government-funded colleges and universities.
âInstead of promoting merit, this government is promoting caste. That is what makes us mad,â said the 21-year-old Puri. Behind him, a large banner reads boldly: âWe want democracy, donât want quota-cracyâ.
The government says it will increase the number of reserved places for lower caste and tribal students in universities, medical colleges, engineering institutes and management colleges from 22.5 percent to 49.5 percent in 2007.
This has sparked widespread outrage among upper-caste students and professionals, particularly doctors, who have launched weeks of nationwide protest and hunger strikes.
In 1990, a similar move to increase quotas in government jobs also led to outrage, and dozens of upper-caste students burnt themselves to death.
Modern India likes to boast about its emergence on the world stage and its booming information and pharmaceutical sectors, but the country is still grappling with the ancient Hindu caste system which divides its people and causes violence.
Reservations for lower castes were introduced after independence from Britain in 1947 in an attempt to address the problem.
The first main beneficiaries were the Dalits, who used to be known as untouchables, who sit at the bottom of the social scale and many traditionally worked as sweepers or cleaners. But the government now wants to extend education quotas to what is known as the Other Backward Classes (OBCs) who might be anything from small farmers and minor landowners to boatmen, cotton weavers and milkmen.
âQuota helpsâ says beneficiaries: Supporters of the quota system say it is needed to help reverse centuries of discrimination. Without a helping hand, the lower castes could never compete. âHad it not been for the quota system, I would never have got a seat in a reputed medical institution,â said Narendra Kumar Verma, a 31-year-old doctor from the Kurmi lower caste community. Verma benefitted from a state-level quota for OBCs and went on to become a doctor in the radio-therapy unit at a state-run hospital in the northern city of Lucknow.
All his life he says he has faced discrimination from upper-caste teachers and students because he came through the quota system.
âThe anti-reservationists often run down people like me...but I am as good any anyone who may have scored higher marks,â Verma, a son of a farmer, said as he moved in a crowded outpatient ward.
But are quotas working and are more needed? Not according to many academics and social scientists.
Research carried out by the elite Indian Institute of Technology schools showed half the seats for tribal and Dalit students remain empty as not enough of them qualify for the minimum admission standards.
It also revealed one in four do not complete their degrees, unable to cope with the exacting curriculum.
The problem, it implies, lies in inadequate primary and secondary schooling which fails to give enough oppportunity to the poor â an issue much tougher and more expensive to address than slapping on quotas on elite higher education institutes. Pratap Bhanu Mehta was one of two members of Prime Minister Manmohan Singhâs National Knowledge Commission who resigned this month in protest at the quota plan.
âAs a society, we focus on reservations largely because it is a way of avoiding doing things that really create access,â he wrote in a letter to Singh, saying the government cared more about âtokenismâ than social justice. reuters
http://timesofindia.indiatimes.com/artic...602644.cms
Govt asks India Inc to voluntarily opt for reservationAdd to Clippings
NEW DELHI: The issue of reservation in private sector could hot up in the days ahead with the government telling the business and industry to voluntarily opt for it and not to force on it the option of a legislation.
"You have to do it amicably. I am the last person to do it by legislation. Please don't force me to a situation where we have to think of legislation. I have great regard for captains of industry and they should do it. I think they understand their moral responsibility," Minister for Social Justice and Empowerment Meira Kumar said.
Participating in Karan Thapar's "India Tonight" programme on CNN-IBN , she said that implementing reservation for the SC/ST in the private sector was a "commitment" of the Congress-led coalition.
"Commitment is to both affirmative action and reservation. Affirmative action includes reservation", she said emphasising that its implementation was "not just a possibility but it is a commitment".
Kumar made it plain that she saw no way other than voluntary action on the part of the industry or legislation. "I suppose there is no third way".
The Social Justice Minister refuted suggestions that she was on a collision course with business and industry on the issue and emphasised that "we have to work with mutual cooperation".
She dismissed as "too hypothetical" a query whether government would drop the demand for reservation in private sector if the industry succeeded in showing that it already employed enough number of people from the deprived sections.
She regretted that the industry and business was "all the time doubting the merit of SC/ST and said government has a "case" for the downtrodden in the country in the form of its proposal.
When confronted with the latest national Sample Survey (NSS) figures, which spoke of the SC/ST as also the OBC getting employment as per their share of the population, Kumar said that she was "not suspicious" about the figures but the deprived sections are generally considered for employment in lower categories.
To claims by certain industry organisations that several companies had already employed sizeable people from the weaker sections, the Minister said that the industry earlier was not even once ready to look into the composition of its workforce despite her pleadings.
"The need of the hour is that we should find job opportunities to SC/ST in the private sector," Kumar said adding that that the proposal in the NCMP was only related to SC/ST and not for OBC.
06-01-2006, 09:27 PM
(This post was last modified: 06-02-2006, 02:07 AM by acharya.)
Empowering through entrepreneurship
By R. VAIDYANATHAN, Professor of Finance and Control, Indian Institute of Management Bangalore
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->In India, for the uplift of the socially and educationally backward classes, two Backward Classes Commissions were constituted by the President; the Kelkar panel of 1953, which submitted its report in 1955, and the Mandal commission of 1978, which gave the report in 1980. Both reports were rejected; the first by the then government (with Gobind Ballabh Pant as Home Minster under Jawaharlal Nehru), stating that Five-Year Plans are the solutions, and the second by the Indira Gandhi government, based on a memorandum given by the then Home Minister, Mr R. Venkatraman, stating that the facts provided by the Mandal Commission were faulty. No other panel was appointed for a while.
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->On August 7, 1990, the former Prime Minister, Mr V. P. Singh implemented the faulty Mandal report. The Mandal Commission had suggested that the population of Other Backward Castes is 52 per cent based on the 1931 Census.
If, going by the 2001 Census, we add the SC and ST populations at 24.2 per cent (16.2 per cent plus 8.2 per cent), as per the 2001 Census figures, the three groups will constitute 76.4 per cent of the population. Adding the 2001 Census figures of Muslims at 13.4 per cent and Christians at 2.3 per cent brings the total to 92.1 per cent.
With Sikhs/Buddhists/Jains constituting 3.1 per cent (1.9 per ent+ 0.8 per cent + 0.4 per cent), we come to the absurd conclusion that the forward community is only of the order of 4.8 per cent. (Of course, some SCs will be part of the Sikh/Buddhist category). This brings into question the data used by the Mandal Commission and suggests that the affirmative action considered is neither practical nor feasible
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The enterprise survey reveals that of the total of 30.25 million enterprises in the country, 24.39 million (80 per cent) are self-financing. This speaks volumes of the credit delivery systems.
What needs to be debated is the enhancement of credit systems for the enterprises, more so those owned by SC/ST and OBCs. In other words, the focus should be on making entrepreneurs of the large segments of civil society, instead of creating large number of `proletariat' based on 19th century models.
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<b>Rajiv Goswami's mother appeals to protesters</b><!--QuoteBegin-->QUOTE<!--QuoteEBegin-->New Delhi, June 1: Nandrani Goswami, 64, just could not contain herself and had to fly down from the US to speak to doctors and students protesting against the proposed quota.
Her son Rajeev had sent shock waves across India back in 1990 when he tried to immolate himself in protest against the V P Singh governmentâs decision to revive the recommendations of the Mandal Commission. The Mandal panel had suggested a 27 per cent quota for OBCs.
Speaking at the AIIMS campus, Nandrani said, âThe students should not let the government implement it but at the same time I would request them not to take any stern action like my son did. We never expected that he would do this to himself. But I would request you people not to do anything of that sort. Itâs only your near and dear ones who suffer but the whole world goes on.â
<b>Rajeev, who was born to Nandrani after six daughters, died of jaundice-induced complications in February 2004 at the age of 33. His wife, a daughter and a son, who stay in Delhi, survive him.</b>
................
âI have specially come (to Delhi) to request them not to take any such action... I have seen what happened to my son. I would not want it to happen with any mother,â Nandrani said.<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-vijayk+May 31 2006, 01:13 AM-->QUOTE(vijayk @ May 31 2006, 01:13 AM)<!--QuoteEBegin-->
They know the purpose of reservation. It is symbolic. They know they can achieve nothing by giving 1000 seats in IITs. It is to divide Indian society especially Hindu society further to pit caste against caste to destroy BJP. It is to maek sure UPA wins in UP. They know once reservation is approved, no party can take it away. A majority of them want to do this to build Gandhi DIE-NASTY.
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If you are a minority, the only way you can stay on top , is to divide the restof teh population, so that there can be no combination agianst you.
BJP has made much progress in eleminating casteism, in general society- training of priests, reforms , etc. That is what changes the social fabric.
That would however take away the positions of power, from those of who them today.
The UPA is doing what is necessary to survive, divide the rest of Bharat, and keep their hold on the purse strings of the nation.
History repeats itself.
Ravi Chaudhary
Rampant casteism in BJP
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Keep in mind, Sushil Modi is a BJP bania leader from bihar
In bihar, banias are considered OBC
Keep in mind, Gopinath Munde's sister is the widow of Pramod Mahajan, a brahmin
However, Modi, katiyar etc seem to have outgrown casteism
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epaper.hindustantimes.com
SHEKHAR Iyer
New Delhi
COUNT ON Uma Bharti to send the BJP's balancing act on the reservation row for a toss. The former BJP leader on Tuesday blasted the party for its double-speak on the issue and said its stand smacked of an upper caste bias.
The OBC leader's remarks are targetted at backward leaders in the party, who are unhappy over its qualified endorsement of the quota. There is no place in the BJP for those who supported reservation, she said. "This time, too, at the BJP national executive, the voices of those backing the OBC quota were suppressed," she said in a statement.
The remarks come when serious internal differences have surfaced in the party over the quota policy. OBC leaders like Sushil Modi, Bangaru Dattatreya and Gopinath Munde are upset over the partyâs "confusing" stand.
Upset by the BJP's new plan to woo upper castes, OBC leaders like Sushil Modi, Bangaru Dattatreya and Gopinath Munde wanted the party to adopt a clear cut stand supporting 27 per cent reservation for OBCs.
Dattatreya, who is a ex-Union Minister and Munde, BJP legislature party leader in Maharashtra, said the party's stand was "confusing".
However, other OBC leaders like Gujarat Chief Minister Narendra Modi, Vinay Katiyar, Thawar Chand Gehlot and Satya Narayan Jatia, backed BJP president Rajnath Singh's view for a middle course while supporting reservation for OBCs.
<!--QuoteBegin-rajesh_g+Jun 1 2006, 05:31 PM-->QUOTE(rajesh_g @ Jun 1 2006, 05:31 PM)<!--QuoteEBegin--> http://www.asianage.com/main.asp?layout=2&...&RF=DefaultMain
<!--QuoteBegin--><div class='quotetop'>QUOTE<!--QuoteEBegin-->Brahmins apply for âdalit jobsâ
- By Amita Verma
Lucknow, June 1: It could be fire in the belly or simply the necessity to survive, but a quiet social revolution has begun unfolding in several cities of Uttar Pradesh, where brahmins and upper caste Hindus are applying for posts of sanitary workers, known as "safai karamcharis".
The posts of sanitary workers, on an ad hoc basis, were recently advertised in several towns and cities and, for the first time, the applicants include members of the brahmin community in large numbers.
"There are vaishyas and kayasthas too who have applied for the post of safai karamchari but the number of brahmin applicants is sizeable," says an Agra Nagar Nigam official.
Udit Sharma and Suraj Misra, both young graduates, are among the applicants for the post of safai karamchari in Agra. "We have been looking for jobs for the past two years but we have failed to get one so far. We need to earn our living, and so we thought we might as well work as safai karamcharis here," says Udit Sharma.
Suraj Misraâs mother, Savitri Misra, has already warned her son that if he goes ahead with the job, he would be shown the door and, the family would have to face social ostracism. But Suraj is not perturbed. "I am not bothered about society and relatives because no one came forward to help us when my sisterâs engagement broke off due to paucity of funds. I need a job and any job will do. Once I start earning, everything else will fall into place," he says.
The chief development officer at Sitapur, Tahir Iqbal, admits that the upper caste candidates who have applied for the jobs of safai karamcharis appear determined to get the job. "There is a long list of Misra, Shukla, Tripathi and Tiwari candidates who have applied for these posts and they are eagerly waiting to get selected," he said.
One of the candidates who spoke on condition of anonymity said: "It is better to become a scavenger than to become a criminal. If I do not get this job, I may have to take to crime to fend for my family, which is dependent on me for a square meal."
In Kanpur, the number of educated upper caste applicants for the safai karamchari posts is around 38 per cent of the total number of applications, "There are some applicants who are postgraduates while others in this category are graduates," says Dr J.P. Gupta, senior health officer.
In Lucknow too, there are upper caste applicants for the job that was till now considered to be reserved for Dalits. "One such applicant told this correspondent: "If I get this job, it will fetch me around Rs 2,200 every month and this will help me pay for the education of my younger brother who is a second-year medical student. Besides, my work as a safai karamchari will finish by noon and no one will hopefully know what I am doing."<!--QuoteEnd--><!--QuoteEEnd-->
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Arvind Lavakare in Rediff
http://ia.rediff.com/news/2006/may/30arvind.htm
"The time has come for today's Brahmins to emulate my father and scores of his kind in his generation. Merit and sheer hard work is one sure combination to beat the quota system. The alternative is that maxim: if you can't beat them, join them. Obtain a forged SC/ST/OBC cert in this kalyug of ours."
I second this. In India previously it was a standard practice to change the year of birth on a birth certificate forward one, in order to give a child an advantage in school. The modern equivalent ought to be a forged cert...or if necessary a name change to an OBC last name. I'm surprised more people haven't done these things, given the amount of open seats available due to lack of fulfilling reservations.
I told everyone when this garbage came into power. Remember this is only PAUSE... When all this anger in middle class subside, this Un Principled Alliance will be out to DESTROY India again this time attacking private sector growth.
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http://www.indianexpress.com/story/5664.html
PM presses pause on pvt job quotas
Varghese K George
Posted online: Saturday, June 03, 2006 at 0000 hrs Print Email
Reservation: Cabinet Secretariat sends GoM report back saying it needs revision given ârecent developmentâ
GoM may need to rewrite
Related Stories
Striking differenceWeâll enhance seat capacity gradually: MoilyWeâll enhance seat capacity gradually: MoilySC fixes June 12 for quota hearingFor best results, begin at the base
New Delhi, June 2:Its fingers singed firefighting the 27% OBC quota controversy, the government has decided to avoid picking up the other much larger hot potatoâthe Group of Ministersâ report on job reservations in the private sector.
On May 18, the GoM, led by Agriculture Minister Sharad Pawar and set up in September 2004, sent its report to the Cabinet Secretariat that the Constitution needs to be amended to bring this about. It also admitted that a decision was beyond the GoM since it was such a sensitive issue and the allies needed to be brought into the loop.
On May 28, the Cabinet Secretariat returned this GoM report to the Ministry of Social Justice, effectively delaying its consideration by the Cabinet.
The reason, according to a government note: the Prime Ministerâs office has asked the Ministry to ârevise the present note, keeping in view the recent development.â
Thatâs an apparent reference to the current quota debate and the decision to implement it along with seat upgrade in Central institutions.
On several occasions, the Prime Minister has called for âvoluntary actionâ by the corporate sector on affirmative action rather than imposing quotas. But given the charged political climate in the wake of the OBC debate, the government has chosen not to open a new can of wormsâat least for now.
Senior government sources said that now the GoM report can be sent to the Cabinet only after the Prime Ministerâs views are considered as well. Sources said itâs not clear who will make the changes or what kind of changes will be made.
Saying that âit is not possible to provide quotas without amending the constitution,â the GoM, set up in September 2004, had underlined: âThe political desirability, political feasibility and legality of amending the constitution need to be carefully considered in consultation with UPA constituents.â
And added that given the âsensitive issuesâ involved, a final decision was beyond the âremit of the Group.â
Any discussion in the Cabinet on private sector reservation will predictably go along the lines of the recent discussion with UPA partners on OBC quotas where regional parties have taken an aggressive stance, shrinking all options for negotiation for the Prime Minister.
Private sector quotas: Problems, Attorney General had said; agreed Fali Nariman
⢠Fali Nariman: Law for quotas in private sector not valid under existing provisions of the Constitution. Also, tough to justify given that SC/ST quotas in Govt not filled.
⢠Justice (retd) K Ramaswamy: Change the Constitution to bring employment of SC/STs in private sector in Article 16 (equality of opportunity). Also define pvt sector under Article 366.
⢠Attorney General Milon Banerjee: Law constitutionally not in order. Example: Persons with Disabilities Act, 1995, provides for reservation of jobs in the government but not in the private sector for physically challenged persons
⢠Ministry of Law and Justice: Either amend the constitution or make a law and place it in Ninth Schedule, beyond judicial review.
India is headed for a bhumiputra type system as in Malaysia
where there is reservation in private sector
The upper castes are screwed unless they learn to screw the system as in getting false caste certificates,
use the linguistic minority loophole
and set off most OBC castes against the creamy layer
For example, incite other OBC against yadavs who have gotten most of the mandal jobs
In the case of STs, most of the reservations have been grabbed by
1 specific tribe, the Meenas from Rajasthan
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