Religion, Caste And Tribe Based Reservation - 4

acharya · (This post was last modified: 12-05-2006, 04:07 AM by acharya.)

UPA govt plans job quota in private sector
Subodh Ghildiyal
[ Sunday, December 18, 2005 11:43:26 pmTIMES NEWS NETWORK ]

NEW DELHI: In a significant departure from its oft-repeated stance that implemention of quotas in private sector should be "voluntary," the UPA government is considering enacting a law to extend job reservations to the non-government sector.

Sources say government, which had so far maintained that it would leave it to the private sector to consider introducing job reservations, is now bringing both an amendment to the Constitution, as well as enacting a new law for the purpose.

Law ministry has already brushed aside the view of attorney-general Milon Banerjee that thereâs no room in the Constitution for getting the private sector to implement quotas.

Unlike the law officer who felt that government wouldâve to amend the Constitution to satisfy the clamour for pushing the quota frontiers, the ministry has held that the purpose can also be achieved by enacting an ordinary law and placing it under the 9th Schedule of the Constitution for immunity from legal challenge.

It has cited the example of Tamil Nadu, which put the Tamil Nadu BC/SC/ST Reservation Act, 1993, under the 9th Schedule to ward off litigation on the ground that it exceeded the 50% ceiling laid down by SC on the quantum of reservations.

Before Banerji, legal experts Fali Nariman and Justice (retd) K Ramaswamy had also ruled that the Constitution in its current shape did not allow for a Central law to bring in private sector quota.

Government, however, doesnât agree. This marks a shift from its stand so far, which, in keeping with the "hands-off"ethos of the liberalisation era and recognising the role of merit in boosting productivity, seemed inclined to leave the issue to the sense of "social justice"of the captains of industry.

http://timesofindia.indiatimes.com/artic...336539.cms

09-20-2006, 11:02 PM

Reservations will apply to foreign institutions: Arjun Singh

09-22-2006, 11:10 PM

Mathematics on way out of schools! QUOTE New Delhi: Days after it first proposed making Mathematics and English optional subjects for minority and ST/SC students in schools, the Central Board of Secondary Education (CBSE) is now out to kick 'Maths' out of the 'main course' in secondary level
..........
"The idea is not diversification of Maths. It's about flexibility. Maths is an important subject. But keeping in mind various interest groups and their apptitudes, we realise that Maths makes some students uncomfortable," Ganguly told a Delhi newspaper.

I don't understand what he want, create a third rate country. Top position held by low achievers. <img src='style_emoticons/<#EMO_DIR#>/mad.gif' border='0' style='vertical-align:middle' alt='mad.gif' />
Or create a non-science country and leave science only for upper caste. <!--emo& Big Grin

--><img src='style_emoticons/<#EMO_DIR#>/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif' />

09-27-2006, 08:18 PM

Got thru email. Good piece on Arjun Singh.

http://www.youtube.com/watch?v=tAaFfBUFXxQ

09-27-2006, 11:21 PM

QUOTE(vishwas @ Sep 16 2006, 05:36 PM)

Vishwas

Sorry for late reply. I think fixing quotas like this has 2 advantages.

1. All jaatis get atleast what their population percentage demands.
2. Some jaatis already get this anyways.
3. This will make all jaatis concious of their community. SC/ST/OBC/etc already have been made concious about their jaatis with quota raaj. At the height of anti-semitism even the jews had *atleast* the quota that their population percentage demanded. UCs are worse-off since they dont even get that. In gujarati there is a saying "maroo maraa baap noo, taroo maroo sahiyaroo" (what is mine is mine, lets share what is yours).

09-27-2006, 11:26 PM

QUOTE(Mudy @ Sep 22 2006, 10:40 AM)
I don't understand what he want, create a third rate country. Top position held by low achievers. <img src='style_emoticons/<#EMO_DIR#>/mad.gif' border='0' style='vertical-align:middle' alt='mad.gif' />
Or create a non-science country and leave science only for upper caste. <!--emo& Big Grin

--><img src='style_emoticons/<#EMO_DIR#>/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif' />
[right][snapback]57747[/snapback][/right]


This is truly bizarre !! I couldnt help but remember the article from Rajeev Srinivasan "Fear of Engineering".

Also if this aint insulting to SC/ST I dont know what is !!!

10-10-2006, 09:04 AM

QUOTEÂ
link
SC notice to Centre, Tamil Nadu on reservation issueÂ 
New Delhi, Oct 09: The Supreme Court on Monday issued notices to the Centre and the Tamil Nadu government on a petition challenging the constitutional validity of the 93rd amendment enabling state governments to provide reservation in the private educational institutions.

A bench comprising Justice Arijit Pasayat and Justice L S Panta sought reply from Ministry of Law and Justice and the state government on a PIL contending that introduction of clause (5) to Article 15 of the constitution by way of 93rd amendment was inconsistent and derogation of the fundamental rights guaranteed under Article 14, 15 and 29 (2).

The PIL by `Voice`, voluntary consumer organisation, has questioned the enactment of Tamil Nadu Backward Classes, Scheduled Caste and Scheduled Tribes (reservation of seats in educational institutions) Act, 2006 providing for reservation in private educational institution from June 7, 2006.

The petition said that amendment providing for quota in the non-minority aided and unaided education institution was against the apex court directives in the P A Inamdar verdict.

The organisation said though the Hindu society may be a caste based but the Indian Constitution was not based on caste and as such there was no justification to provide or enable quota on caste basis. 

The PIL clarified that the petition was filed on behalf of the students belonging to unreserved categories and were affected by the amendment. 

Earlier, Voice had filed a PIL seeking implementation of apex court direction by the Tamil Nadu government for excluding the "creamy layer" among backward class communities from benefits of reservation for admission to educational institutions and employments.Â

10-10-2006, 10:45 AM

Another legal attack must be mounted that does away with 'open' quotas completely. A SC order directive must be issued to the govt that forces govt to fix quotas to all jaatis and janjaatis. The government MUST guarantee education to ALL jaatis-junjaatis according to their population percentage. If there is quota then it should be for the entire 100% seats. 'Open' quotas should be discarded.

10-13-2006, 01:47 AM

QUOTEPM plan puts communal quota pressure on States 
Pioneer.com
Santanu Banerjee | New Delhi
With the State Governments virtually sitting on a prime ministerial initiative that could bring about backdoor reservation for minorities, the Prime Minister's Office has directed States' Chief Secretaries to send the 'status report' on implementation by October 15.

The Minority Affairs Minister had circulated Prime Minister's 15-point programme for minorities in the last week of July to State Governments. The Centre had asked the States to send their feedback on their preparedness on the implementation. But more than two months have passed and there is no response from the States.

Unhappy with the attitude of the State Governments, the PMO is believed to have shot off another letter in the first week of October seeking their status report within two weeks.

Sources said that the controversial aspect of providing indirect reservation to minorities may have made State and UT Governments drag their feet.

Among other things, the Prime Minister's 15-point programme has specific guidelines for introducing indirect job quota for the minorities.

Clause 10 says: "In recruitment of police personnel, the State Governments will be advised to give special consideration to minorities. For this purpose, the composition of selection committees should be representative."

The programme also says, "The Central Government will take similar action in the recruitment of personnel to the Central police forces."

The PM has also sought similar concession for minorities in public sector undertakings. The note circulated to State Governments says, "largescale employment opportunities are available with railways, nationalised banks and public sector enterprises. In these cases also, the concerned departments will ensure that special consideration is given to recruitment from minority communities."

It also calls for an exclusive scheme to provide coaching to candidates in Government institutions as well as private coaching institutes with credibility.

The PM's initiative also wants special focus on inclusion of minorities in ongoing Government projects, like, Integrated Child Development Services, Access to School Education and Madarsa Education and Improving the Conditions of Living of Minorities.

Sources point out that unless the financial implications of these above-said clauses are explained in clear-cut terms and their role in implementing the special thrust on jobs, the State Governments are likely to delay again.

The programmes also call for setting up special court or courts specifically earmarked to try communal offences so that offenders are brought to book speedily. This will also require major expenditure, which a majority of the States are not in a position to incur.

When you have spineless as a PM, He himself is from minority community and doing everything to suffocate majority population. He should rejecting his own community people because they are occupying more than 1.8% of jobs in every sector.

10-15-2006, 11:52 PM

http://ia.rediff.com/money/2006/oct/12un...&file=.htm

QUOTEGovernment oversight

So why not bring a Harvard or Oxford to India? "If they are allowed to set up shop in our country, this money can be saved," Pillai told reporters last month.

Yet this being India, things are not so simple. India's Union Human Resource Development Ministry, which has a big say in national educational policy, isn't thrilled by the idea. It wants the government to closely regulate educational offerings from abroad and set faculty salaries of any foreign university settling in the country.

Then there is the issue of whether India's controversial quota system that reserves coveted seats at universities for underprivileged castes would extend to overseas schools entering the market. These issues and others have held foreign higher education investment back, despite the government's lifting of FDI restrictions back in 2001.

10-17-2006, 01:50 AM

QUOTEDon't play game first and frame rules later 
Abraham Thomas | New Delhi
SC's comments herald stormy days ahead for OBC politics
Scoffing at the Centre's move to admit 27 per cent Other Backward Classes (OBCs) in central institutions of higher learning without conducting any ground work, the Supreme Court on Monday called for the Parliamentary Standing Committee's report on the bill to be tabled before it in a sealed cover. The Standing Committee is expected to submit its report to Parliament during the winter session scheduled to begin from November 27.

The Court's snub to the Government will make it difficult for the UPA to push ahead with the controversial quota decision that triggered countrywide protests. For the first time, the Government will have to explain the reason for fixing the percentage of OBC quota and justify it with the population statistic. The last census was conducted in the country in 1931 and since then the strength of OBC population has remained a subject of debate.

Criticising the Government's attempt to push through the bill without any data to support it, the Bench of Justices Arijit Pasayat and LS Panta commented, "you play the game first and then frame the rules." 

Referring to the affidavit filed by the Centre in July, the Bench noted, "as of today you do not have the complete data." Responding to this, Additional Solicitor General (ASG) Gopal Subramanium said, "the collection of data is an ongoing exercise." Stating that the Standing Committee is seized of the issue, the ASG assured, "there arises no question of enforcing the policy till the law is in place."

The Court, which initially sought to put a stop to the legislation being passed by Parliament in the absence of any survey/data, did a rethink and decided instead to call for the Standing Committee report to be placed before it in a sealed cover.

According to legal experts, calling for the report in a sealed cover does not indicate that it first has to be tabled in Court. They pointed out that even after the report is tabled in Parliament, the Court does not have automatic access to it. It is public only with respect to circulation within Parliament, and only in exceptional cases is it made open to public view.

The Court which is monitoring the fate of the Central Educational Institutions (Reservation in Admission) Bill, 2006 in a public interest litigation fixed December 4 as the next date of hearing.

There were other grey areas in the bill which the Court wanted the Centre to explain. The bill seeking to introduce 27 per cent reservation for OBCs in premier Central Government educational institutions including IITs, IIMs, AIIMS, Delhi University and JNU is silent about inclusion/exclusion of the creamy layer. Another aspect which puzzled the court was the interchanging of socially and economically backward classes (SEBC) with OBCs. The Centre's affidavit sought to create an impression that in the absence of seats being filled by SC/ST reservation, the same would be open to OBCs.

The affidavit came in reply to the Court's recent direction in the wake of a bunch of petitions questioning the Government's decision to extend 27 per cent reservation to OBCs in central higher education institutions. The court had sought specific reply from the Government as to what was the basis for determining the 27 per cent reservation for OBCs and what will be the modalities to implement it.

In defence of its stand, the petitioners quoted several data compiled by the National Sample Survey Organisation and National Family Health Survey, both indicating contradicting figures with regard to the OBC population in the country. The NSSO quoted 32 per cent figure for OBCs while the corresponding figure with NFHS was 29.8 per cent. This raised a pertinent question as to where are the missing 200 million OBCs.

On a related issue, the Court also admitted two separate applications filed by SC/ST Medical Association and an individual doctor on this issue, which will be heard along with the final disposal of the case.

10-17-2006, 02:09 AM

Mudy

Here I go again like a broken record.

I think BJP must push for removal of "Open Quota". A good quota system must allocate quota for all people of all jaatis, janjaatis etc. A proper surveying methodology needs to be devised where such confusion doesnt happen. NSSOs funding needs to be increased or a separate department needs to be setup whose sole purpose is to come up with a report every year (or maybe every 5 years) that lists the population by jaati-varna-sex etc..

I think I had forgotten about a very important recommendation from the FIRST BACKWARD CLASS COMMISSION. One of the most significant recommendation was to consider ALL women as backward. Hence I propose that all public and private sector institutions have 50% quota reserved for women starting with the parliament.

From http://en.wikipedia.org/wiki/Other_Backward_Classes

QUOTEFirst Backward Classes commission

The First Backward Classes Commission was set up by a presidential order on January 29, 1953 under the chairmanship of Kaka Kalelkar. The commission submitted its report on March 30, 1955. It had prepared a list of 2,399 backward castes or communities for the entire country and of which 837 had been classified as the "most backward". Some of the most notable recommendations of the commission were:

Â 1. Undertaking caste-wise enumeration of population in the census of 1961;
Â 2. Relating social backwardness of a class to its low position in the traditional caste hierarchy of Indian society;
Â 3. Treating all women as a class as "backward";
Â 4. Reservation of 70 per cent seats in all technical and professional institutions for qualified students of backward classes.
Â 5. Reservation of vacancies in all government services and local bodies for other backward classes.

The commission in its final report recommended "caste as the criteria" to determine backwardness. But this report was not accepted by the government as it feared that the backward classes excluded from the caste and communities selected by the commission may not be considered and the really needy would be swamped by the multitude and would hardly receive special attention.

10-17-2006, 02:41 AM

Here is another committee by committeewala PM of India. Babu can't get rid of his babugiri.

PM sets up committee for quota in private sectorQUOTEThe committee chaired by Principal Secretary to the Prime Minister, TKA Nair, would be tasked to submit its interim report within six months and a final report within a year.

Several chambers of commerce including the Confederation of Indian Industry had earlier responded sharply to the threat of legislation to force them to introduce quotas in the private sector.


Indian women are backward but Upper class women are much better than any SC/ST or OBC man anyday, according to Indian government and ofourse Moron Singh Committewala.

10-19-2006, 10:03 AM

Quota & the judiciary 
 Against the venal political establishment, our battleâs never over.
QUOTEItâs about politics. Itâs about power. Itâs about using power to retain it at any cost. A politician gets his powers from making laws. This has become a clichÃ©. But a politician now gains power by breaking the law. Or in other words, making an illegal law. A law which is lawless. He or she uses the institutions of law, constitutional institutions, to manufacture a new code of illegalities. The new office of profit law is an illegal law. Can a law be illegal? Yes. When its ends are designed to be illegal.

So let us get a new definition of Indiaâs politicians. They are a closed club of illegals who have mostly crookedly captured constitutional offices and are pervading their illegalities through the statute books. Because they use the legal form to manufacture their illegalities, they call it legal. And we calmly accept it. That prime illegal, Arjun Singh, invokes the Constitution, the sovereignty of Parliament, as does that other illegal, Somnath Chatterjee, at the smallest challenge to their excesses. A pliant media further dresses up the falsehood as truth. Like, for example, the Bannerji commission report on the Godhra carnage. And when the court rules against the illegalities, when the Supreme Court questions the basis of the reservation order, there is shock and silence. But only for a time. Then the juggernaut of evil, the forces of wrong, roll again.

This is a fight that wonât end soon. Our only chance, the only chance for a decent, fair minded citizenry, is to rally behind the Supreme Court. If we are not to be ruled and consumed by corrupt, dishonest and venal politicians, who have taken over constitutional positions, we have to be behind the Supreme Court.

We might yet get justice on quotas. But it is a long battle ahead.

10-19-2006, 10:11 AM

Centre convenes meet of CMs and Education Ministers on quota issue QUOTE core group of ministers headed by Defence Minister Pranab Mukherjee will be interacting with the state leaders on the issue after the introduction of the bill in Parliament concerning aided institutions.

Why defence Minister is heading? Why not PM or Education minister?
Moron Singh and Bar maid both are not interested to take responsibility.

10-19-2006, 11:17 AM

SC upholds reservation for SC/STs in government jobs QUOTENew Delhi, Oct 19: The Supreme Court on Thursday upheld the Constitutional validity of the amendment providing reservations for scheduled castes and scheduled tribes for promotion in government jobs but said that the creamy layer has to be excluded from its benefits.

A five-judge constitution bench, headed by Chief Justice Y K Sabharwal, said the overall limit of 50 per cent reservation cannot be exceeded under any circumstances.

The court said that while providing reservation for promotion in government jobs, the state has to justify that the SC/STs are not adequately represented and that the administrative efficiencies are not impelled.

Government jobs do have a quota for SC/ST candidates at the entry level.

But since 1960, there have been several flip-flops in the government's policy on whether SC/ST employees should also get promotions based on their status.

In 1992, the Supreme Court reversed its earlier order, saying that there was to be no reservation in promotions.

However, in 1995, the Parliament brought back reservations in promotion through the 77th Amendment

10-21-2006, 12:43 AM

QUOTESC moulds caste in economic criteria 
Pioneer.com
Navin Upadhyay | New Delhi
Creamy layer, 'compelling reasons' to put brakes on quota
The Supreme Court's two path-breaking decisions on caste-based reservation last week will go a long way in taking the benefit of quota to the most needed class of society. The court's directive to the Government that it must come out with "compelling reasons" supported by "quantifiable" data to keep any particular caste under the ambit of reservation, will have serious ramifications and could see an altogether exclusion of some dominant OBC castes. Like Jat and Maratha were excluded from the benefit of Mandal Commission even though they were classified as OBCs.

Under political pressure of its allies, the Government is contemplating to place the entire set of quota laws within the Ninth Schedule of the Constitution to keep them out of judicial review. But the court is already examining the scope of judicial review of the Ninth Schedule.

The apex court's orders would directly impact the proposed legislation to provide quota in unaided and aided educational institutions and could also lead to a subsequent review of the quota benefit enjoyed by a spate of castes under Mandal Commission.

During the two-day conference of Chief Ministers and Education Ministers, opinion was divided on the exclusion of creamy layers from the proposed education quota bills. This itself showed that despite political reasons, at least some State Governments were willing to bite the bullet and deprive benefit of quota provisions to those castes who have encroached on the largesse that should go to the most backward among the backwards and SC/STs.

The Government's decision to hold a fresh caste census after nearly 75 years may not be enough to meet the criteria laid down by the courts. The Government will also have to hold a survey about the social, educational and economic conditions of the castes which enjoy quota benefits. 

There lies the catch. The political and social churning triggered by the implementation of the Mandal Commission has seen empowerment of the OBCs in a big way in the Hindi heartland. Yadav legislators constitute the single largest chunk in both the Uttar Pradesh and Bihar assemblies. For better part of the past 16 years, the two States have been ruled by the Chief Minister from the OBC and SC castes.

In south also, the empowerment of the OBC and their political representation has reached a saturation point. The political empowerment has reflected in their social and educational empowerment.

Going by the criteria fixed by the Mandal Commission to identify the backward castes, any review could lead to the inevitable conclusion that a handful of dominant castes have grabbed the entire benefit of reservations. The SC's decision reflects the concern to remove these anomalies which have reduced to farce the entire concept of affirmative action.

The Mandal Commission had fixed three yardstick ---social, educational, economic - to identify the backward caste. Within these three criteria, 11 separate sub-divisions were made and evaluation based on them determined the OBCs.

These sub-divisions under social backwardness included castes/classes which mainly depend on manual labour for their livelihood. These covered castes/classes where at least 25 per cent females and 10 per cent males above the state average got married at an age below 17 years in rural areas and at least 10 per cent females and 5 per cent males in urban areas. It also included those castes/classes where participation of females in work was at least 25 per cent above the state average.

Similarly, under educational criteria came castes/classes where the number of children in the age group of 5-15 years who never attended school was at least 25 per cent above the state average. Also included were castes/classes where the rate of student dropout in the age group of 5-15 years was at least 25 per cent above the state average, and amongst which the proportion of matriculates is at least 25 per cent below the state average.

The economic criteria covered those castes/classes where the average value of family assets was at least 25 per cent below the state average and the number of families living in kuccha houses at least 25 per cent above the state average. Also included were castes/classes where the source of drinking water was beyond half a kilometre for more than 50 per cent of the households, and the number of households having taken consumption loans is at least 25 per cent above the state average.

During the past 15 years, the literacy rate has gone up as has economic status of the average Indians. The social discrimination has been already addressed by political empowerment. If the Government collected fresh data on the same criteria, a host of beneficiaries will come under creamy layer and could be excluded from the provisions of reservation.

The direct results will be benefit going to the people who still remain untouched by the wind of development. The powerful OBC satraps may have their own reasons to oppose the creamy layer criteria, but it could bring them in direct conflict with the extremely backward castes, which stand discriminated with the quota regime. The result of the Bihar assembly polls showed that the EBC joined hands with Kurmis to oppose Yadavs. The SC's judgement is bound to trigger both political and social churning.

10-21-2006, 12:49 AM

QUOTE'BP Mandal pre-judged OBC headcount' 
Pioneer.com
Praveen Kumar | New Delhi
Mandal Commission chairman BP Mandal had pre-judged the figure 54 while calculating the percentage of the Other Backward Classes (OBCs) population. The extent of the OBC population still remains a mystery for the Union Government and the figure of 54 per cent provided by it is apparently "manipulated". 

In a startling revelation, chairman of the technical committee of the Mandal Commission and noted social scientist Professor BK Royburman has said that Mandal had already fixed the OBC population at 54 per cent before their panel could carry out any scientific survey.

While the National Sample Survey Organisation (NSSO) report has quoted the OBC population as 37.4 per cent in rural areas and 31.4 per cent in urban areas, the Mandal report gave OBC population figure of 54 per cent, based on the census of 1931. 

"In the few deliberations that we had, we were allowed access to the unpublished findings of caste configuration of the 1951 census, which put the figure at around 14 per cent. During the deliberations, certain small communities were added to the list. Then also the figure did not go beyond 31 per cent," says the noted sociologist.

Professor Royburman's statement raises big question whether the Mandal Commission exercise was a complete farce. Royburman told The Pioneer, "We, the three sociologists (Professor MN Srinivas and Professor Yogendra Singh being the other two) were given the task of carrying out a survey to find the percentage of backward class population. As head of the technical committee, along with my colleagues, I had to start the survey, when we were informed that the percentage has already been fixed at 54 per cent on the basis of the 1931 census.

"We were, however, told that there was no curtailment on our travel and other expenses and we could go through the drill of carrying out a survey to reach a conclusion that the OBC population was pegged at 54 per cent mark."

"Unhappy with this development, I along with my colleagues resigned from the Commission. When BP Mandal praised our work in his acknowledgement of the Mandal Commission Report, all of us strongly and swiftly disowned the same as we were not given any real opportunity to work for the Commission," Royburman said.

The Supreme Court, last Monday, came down heavily on the Government's decision by questioning the Centre's move to implement 27 per cent reservation for OBCs in educational institutions without proper data on OBCs. The court curtly said, "You announce the policy without having the data. You play the game first and frame the rules later."

10-21-2006, 12:53 AM

<!--emo&

--><img src='style_emoticons/<#EMO_DIR#>/tongue.gif' border='0' style='vertical-align:middle' alt='tongue.gif' /> What about politicians?
Pl get them included if already not part of it.
Once included then exclude them from privileges.

10-21-2006, 02:03 AM

QUOTEWhat about politicians?
Pl get them included if already not part of it.
Once included then exclude them from privileges.
Politicians with land and income more than 2.5 Lacs are out. Once they loot, all perks gone. Now you know why they are dead against exclusion of creamy layer.
It will keep them out of power. <!--emo& Big Grin

--><img src='style_emoticons/<#EMO_DIR#>/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif' />

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