இந்தத் தலைப்பில் நான் எழுதிய கட்டுரை ஒன்று ஜூன் மாத “திசைகள்” இணைய இதழில் வெளி வந்துள்ளது. அதற்கு வந்துள்ள பின்னூட்டங்களில் அதனைத் தொடர்ந்த விவாதங்கள் இடம் பெற்றுள்ளன.
மீண்டும் மீள்பதிவாக அதன் ஒரிஜினல் வடிவில் பின்பு தருவதாக நினைத்துள்ளேன். ஆயினும் அதற்கு முன்பாக, The Hindu-ல் வந்த இக்கட்டுரை நான் சொன்ன பல கருத்துக்களுக்கு வலு சேர்ப்பதாலும், சான்று தருவதாலும் அதனை முதலில் இங்கு அளிக்கிறேன். நீளமான ஆங்கிலப் பதிவைப் படிக்க நேரம் இல்லாதவர்களுக்காகவே சில வரிகளை சிகப்பெழுத்தில் தந்துள்ளேன். அவைகளைப் படித்தாலே கட்டுரையின் மையக் கருத்துக்களைப் புரிந்து கொள்ள இயலும்.
என் கட்டுரையை இரண்டு மூன்றாகப் பிரித்து மீள்பதிவாக பின்னால் இடுகிறேன்.
இக்கட்டுரை தொடர்பான பின்னூட்டங்களில் பெயரில்லாமல் வரும் பின்னூட்டங்களை வெளியிடும் எண்ணம் இல்லை.
Date:07/07/2006 URL: http://www.thehindu.com/2006/07/07/stories/2006070703771000.htm
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Opinion - Leader Page Articles
Who is perpetuating reservation in jobs?
Sharad Yadav
In a bizarre turn, the Union Public Service Commission and the Department of Personnel and Training have transformed the policy of reservation into a policy of communal awards. They have treated general seats as seats reserved for people belonging to non-reserved categories.
WHENEVER THERE is talk about reservation, the bogey of merit is raised by opponents of this policy. But the question arises: do the opponents respect the merit of candidates from the Other Backward Classes (OBCs) and the Scheduled Castes (SCs) and the Scheduled Tribes (STs)? Empirical studies suggest they do not. Almost six decades have passed since Independence but all important institutions of India, barring Parliament and Legislative Assemblies and Councils, have been under the strong command of these self-styled votaries of merit. With some exceptions, they have abused their position to denigrate the merit of the people who have been given the constitutional right of reservation — so that privileges enjoyed by some people under the caste system are de-reserved.
The Union Public Service Commission provides glaring examples of how the merit of candidates belonging to SCs, STs, and OBCs is denigrated. The UPSC is a constitutional body. It commands high respect in India but in collusion with the Department of Personnel and Training (DoPT), it has been denying the rights of meritorious candidates belonging to reserved categories. It has been indulging in unconstitutional activities despite the clear-cut policy of the Government of India on reservation. The Supreme Court and High Courts have interpreted the policy in many judgments. There is no scope for any ambiguity regarding this policy, but the UPSC has continued to deny meritorious candidates of reserved categories the right to join the civil services as general category candidates.
This has resulted in a denial of jobs to hundreds of succcessful candidates belonging to reserved categories; and almost the same number of candidates belonging to the non-reserved category has got jobs, without being declared successful by the UPSC at the time of declaration of results. This is happening despite many judgments of the higher judiciary against the practice. People controlling the UPSC and DoPT are so strongly motivated against the candidates of reserved categories that they can go to any extent in their adventure to block the entry of reserved categories in the civil services.
Under the reservation policy, 49.50 per cent of the seats is reserved. The remaining 50.50 per cent is open to all. Candidates who qualify for the civil services by dint of their merit alone should be enlisted in general open categories. After all, there is no bar on SC and ST candidates fighting elections for general seats. Many leaders, including Kansi Ram and B.P. Maurya, have fought and won from general seats. General seats do not mean seats reserved for people belonging to non-reserved categories. Similarly, general open seats in the civil services are not reserved for people belonging to non-reserved categories. The Government of India has not reserved hundred per cent of the seats of the civil services. In fact, it cannot do so. There is a 50 per cent ceiling placed on reservation by the Supreme Court. But in effect, the UPSC and the DOPT are implementing reservation policy to ensure 50.50 per cent reservation for the unreserved categories that are supposed to form just 15 per cent of the Indian population.
For the last civil services examination, around 214 of 425 seats were general open merit seats. Out of the first 214 candidates, 50 were from reserved categories. Forty of them were from OBCs. But the UPSC refused to allow reserved category candidates to enlist themselves as general candidates. Twenty seven per cent of 425 is 117: this is the exact number of candidates belonging to OBCs who were declared successful. Even those in the top 10 were classified as reserved category candidates!
By doing this, the UPSC has denigrated meritorious candidates from the reserved categories. It has also denied jobs in the civil services to an equal number of reserved category candidates. In fact, 157 candidates from OBC categories should have been selected: 40 on the basis of merit and 117 on the basis of the 27 per cent reservation extended to them.
People belonging to SCs and STs in the early days of the Republic lacked education. Their number was not sufficient to fill the vacancies declared for them. Later on they picked up but there were all-out efforts to deny them their right to reservation under one pretext or another. If we analyse the data on successful ST and SC candidates, we discover they have done better in the written test, where the examiner does not know their caste. In the interviews they have been given fewer marks because people in the interview board know their caste.
It is shocking that candidates belonging to reserved categories are interviewed separately. They sit for the written examinations alongside non-reserved category candidates, but when the time of interview comes, they are segregated. The interview board is well aware of their social background and discriminates against them while giving them interview marks. An analysis of the results reveals a big gap between the average interview marks given to reserved category candidates and non-reserved category candidates. One successful candidate of the 1996 civil service examinations, who was denied a job, has calculated these averages on the basis of information available with him. Since he fought for his job in the Supreme Court and won, the data he offers can be relied upon in the absence of authoritative data provided by the UPSC. According to this candidate, the average interview mark in the non-reserved category is around 200, while the average for reserved categories candidates is 140. I believe that if there were no caste discrimination, the number of successful OBC candidates in the general merit category would have been much higher than 40. Unfortunately, even these 40 candidates were not declared successful in the general merit category.
The concept of excluding the creamy layer sounds progressive. Indeed the benefit of reservation should be made available to people from less privileged OBC families. In principle this is all right. But the design of those opposed to OBC reservation is to keep the creamy layer out of the reservation ambit and deny the benefits of reservation to less privileged individuals. These individuals have no means of fighting the might of the UPSC and the DoPT. They have no money to engage lawyers to fight legal battles. It is quite easy to deny them their right. So they are denied jobs despite getting letters from the UPSC informing them of their success. My information is that thus far 390 successful candidates have been denied jobs in the civil services. Some of them, who have had resources thanks to being in other services, have challenged the DoPT successfully. But what about those who have not moved the courts? Why can’t the courts take suo motu notice of such gross denial of justice?
Babasahib Bhim Rao Ambedkar was for separate electorates for Dalits. He wanted proportionate reservation for them but also demanded that their representatives should be elected from an electoral college comprising Dalits exclusively. Separate electorates for Dalits were termed the communal award. Gandhiji and many other leaders thought such an arrangement would divide India; he went on a fast and Dr. Ambedkar withdrew his demand. The policy of reservation was put in place so that those hailing from reserved categories could contest elections from unreserved seats also.
The same rule applies to jobs. But the UPSC has turned the policy of reservation into a policy of communal awards. I cite below some judgments of Indian courts that are being consistently violated by the UPSC and the DOPT:
(a) India Shawnee v. Union of India, 1992 Supp. (3) SCC 217
“In this connection it is well to remember that the reservation under Article 16(4) does not operate like a communal reservation. It may well happen, that some members belonging to, say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.”
(b) Union of India vs. Virpal Singh Chauhan (1995) 6 SCC 684
“While determining the number of posts reserved for SCs and STs, the candidates belonging to the reserved category but selected on the rule of merit (and not by virtue of rule of reservation) shall not be counted as reserved category candidates.”
(c) Rithesh. R. Shah’s case (1996) 3 SCC 253
“In other words, while a reserved category candidate entitled to admission on the basis of his merit will have the option of taking admission to the colleges where a specified number of seats have been kept reserved for reserved category … while computing the percentage of reservation he will be deemed to have been admitted as a open category candidate and not as reserved category candidate.”
In a Delhi High Court judgment of April 29, 2003, the division bench made the following observation: “The decision of the Apex Court in Rithesh. R. Shah’s case (supra) as also the proviso to rule 16 clearly prohibit deprivation of the benefit of the reservation only because some reserved category candidates had also been selected on merit inasmuch as they were not to be treated as reserved category candidates except for a limited purpose, namely, for the purpose of allocation of service, but thereby OBC candidates cannot be deprived of their right to obtain allocation of any service.”
The interesting question arises: who is perpetuating reservation? If people from the SCs, STs, and OBCs get representation according to their population, the scheme of reservation will come to an end. But who is depriving the meritorious from getting jobs as general category candidates?
(The author, a Member of the Rajya Sabha, is president of the Janata Dal (United) and a former Union Minister. He was educated to be an electrical engineer.)
READ THIS TOO: http://www.hindu.com/2006/07/10/stories/2006071002871002.htm
R
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Jul 09 2006 10:19 am Uncategorized
10 Responses
iraamaki Says:
July 9th, 2006 at 11:51 am
அருமையான கட்டுரை. கட்டுரை ஆசிரியர் நேர்த்தியாக அலசுகிறார். வழக்கம் போல் இதையும் கிண்டல் செய்து தூக்கி எறியத்தான் பலரும் முயலுவார்கள். மாற்றம் என்பது மனத்தில். அது என்றைக்கு வருகிறதோ, அன்றுதான் இந்தியா மாறும்.
அன்புடன்,
இராம.கி.
தருமி Says:
July 9th, 2006 at 3:51 pm
இராம.கி. அவர்களுக்கு
உங்களோடு சேர்ந்து நானும் கட்டுரை ஆசிரியருக்கு என் பாராட்டுக்களைத் தெரிவித்துக் கொள்கிறேன்.
//மாற்றம் என்பது மனத்தில்.// - ஆனால், கனியாத காயை, கனிய மறுக்கும் காயைக் கையில் வைத்துக்கொண்டு என்ன செய்வது?
kpd Says:
July 10th, 2006 at 4:09 am
wow…no words to say. it takes a damn criminal mind to tweak the system like this. people do this practice should striped of their post and should be investigated on par with hawala or bofors. do you know what’s the govt and court stand on this practice?
kalvetu Says:
July 10th, 2006 at 8:57 am
//ஆனால், கனியாத காயை, கனிய மறுக்கும் காயைக் கையில் வைத்துக்கொண்டு என்ன செய்வது//
sad and true (((
தருமி Says:
July 10th, 2006 at 9:18 am
do you know what’s the govt and court stand on this practice? //
no idea kpd. i know only my stand: we should do something about such injustice - that too, before the beginning of next academic year.
Sivabalan V Says:
July 10th, 2006 at 9:30 am
தருமி சார்,
நல்லதொரு பதிவு.
இக்கட்டுரையை எழுதிய ஆசிரியருக்கும் மிக்க நன்றி.
உங்களுக்கும் என் நன்றி.
//In the interviews they have been given fewer marks because people in the interview board know their caste.//
இவர்களை பேசாமல் சுட்டு கொன்றுவிடுவதுதான் நல்லது.
மிகப் பெரிய சக்தியுடன் பெரியதொரு புரட்சி செய்தால் ஒழிய இவர்களை ஒன்றும் செய்யமுடியாது.
அய்யா நடுநிலை கனவான்களே, இக்கட்டுரையை கொஞ்சம் படியுங்க.. தெ(ளி)ரிந்துகொள்ளுங்கள்.
selvanayaki Says:
July 10th, 2006 at 11:27 am
இதை இங்கு படிக்கத் தந்தமைக்கு நன்றி.
kpd Says:
July 15th, 2006 at 8:11 pm
/*no idea kpd.*/
I belive, if it’s taken to court, it will be severly condemned and this practice would be stopped. Reason is, you don’t even need an argument for this case, the practice it self explains all it’s wrong doings. Not to mention, this should be already in court I guess(hope).
As a author of this blog article, if (time permits) you can do a little research on the follow-up events on this and collect in one place(here), it will complete(complement) your effort.
Thanks.
தருமி Says:
July 16th, 2006 at 11:35 am
kpd,
thanks for the motivation. let me see…
Sivabalan V Says:
August 18th, 2006 at 10:12 pm
தருமி அய்யா,
உங்களின் இந்தப் பதிவை என் பதில் இனைத்தமைக்கு மிக்க நன்றி.
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