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SC/ST Reservation Bill – A discussion

Posted by samathain on March 4, 2009

Controversial SC/ST Reservation Bill 2008 sought to remove reservation for SC/ST faculty in 47 institutes. Thanks to the protest by dalit organisations and many MPs, discriminatory clauses from the act were amended. This raises the important question of why media was not aware of what was coming ? There should have been sufficient discussion before trying to pass the bill. Who authored the bill ? Why it was sought to be passed within 18 minutes. Bill actually violated constitution. Who did the legal review ? These thoughts are disturbing. We would like answers for the above.

On the positive note, dalit MPs managed to get the discriminatory clauses removed through amendment. Thanks to upcoming Lok Sabha elections, nobody is ready to oppose this. BSP MPs were instrumental in stalling the bill.

Related links on this bill :

All the below discussions are from Dalit Conference .

Source: Karthik Navayan

*SC/ST Reservation Bill-2008 – An instrument to make Institute of National Importance to Peethas of Sankracharyas*

*Existing Policy in Central Universities and IITs: *SC/ST reservation is applicable to all teaching posts in Central Universities and deemed Universities [MHRD Order 6-30/2005 U-5 dated 06.12.2005] and to Assistant Professors in IITs.**

*SC/ST Reservation Bill-2008: *No reservation for SC/ST in teaching posts in higher education (section-4), i.e. end of the above existing policy. * *

*Consequences: *One day Govt. of India will declare the Parliament an Institute of National Importance and therefore no SC/ST MP. One day Govt. of India will declare the Primary Schools an Institute of National Importance and therefore no SC/ST teacher in School. *   * * *

*Demand: *Remove the section 4 from the Bill. We want representation only, not relaxation. So, plz oppose the Bill in Lok Sabha.


Source: Lalith Khandare

The proposed features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008′. 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.

If central government wants to enact a law to discriminate SC/ST faculties in public institutions, government needs 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. According to Article 32 of the Constitution of India (COI), a Writ of mandamus can be issued by Supreme Court or High Court to the Central Government..

Please see 1,2,3, and 4 points I added (PFA) in appeal.  Send this appeal to Chief Justice of India and parliamentarians

People in Delhi please seek help of constitutional expert…


Source: Lalith Khandare

Thank you all those who are putting their efforts for protesting against violation of our fundamental rights.

1. Why should this bill be placed in Loksabha when it is unconstitutional (see my email below and also the attachments), please seek opinion of constitutional expert on this.

According to Article 32 of the Constitution of India (COI), a Writ of mandamus can be issued by Supreme Court or High Court to the Central Government.

An advocate can file a petition for write with Supreme Court; number of legal petitions can be as many as possible. But there should be a strong advocate like advocate like Ram Jethmalani, Harish Salve or someone who has background of successful cases for SC/ST/OBC rights.

2. All students and faculties and all others please join this protest in your institutions and also

..I got this email from pardeep attri <pardeepattri@yahoo.co.in>

PROTEST AGAINST ACADEMIC UNTOUCHABILITY- Join the protest against the unconstitutional clauses in the Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008  that denies reservation to SC/STs Faculties in institutions of “national importance and excellence”  at Jantar Mantar, Delhi on 4th February 2009

3. Nationwide organizational Federation of SC/ST faculties(longterm) – organize locally, statewise, and nationally. May be you send your contact details to Subhash Arya at aryasubh@gmail.com .

Also Rahul Gedam (rahul_k_gedam@yahoo.com), Shalini Ghodke <shalini_tech@yahoo.com>; can help to develop this database.

- Members on this forum, can contact faculties whosoever they know or at least faculties from their region or cities, to make them aware about this issue, get them connected at one places,

4. Friends you or your organization (Faculty Unions, etc) can edit this appeal(PFA) and give this appeal to your MP from you constituency by hand/fax/email/post or any other means.

If you are meeting/sending letters the MPs or representatives, possibly meet/send letters as an organization….

PMO http://www.sarkaritel.com/com/pmo.htm President http://www.sarkaritel.com/president/index.htm Ministers http://www.sarkaritel.com/com/index.htm Loksabha http://www.sarkaritel.com/parliament/lok_sabha/index.htm Rajsabha http://www.sarkaritel.com/parliament/rajya_sabha/index.htm


Source: Lalith Khandare

As a part of NAL’s Golden Jubilee Celebrations, a National Conference on Scientific Achievements of SC/ST Scientists and Technologists has been organized. The prime objective of the conference is to provide a platform for recognizing the noteworthy, important and outstanding contributions of SC/ST scientists and technologists in their fields of specialization towards the overall development of the technology base of the country and of the society in general.
Join the celebration….
There no concept of “Non-meritorious”.
Even Kalpana Chavala(a celebrated austronaut) was given opportunity under affirmative action policy, and she could not do her job well. Her higher posting was criticized by anti-afirmative action groups in USA.
Coming back to reservation in higher educational institutes…..
Any lawyer or non-lawyer or NGO can file a PIL(Public Interest Litigation-Art32 of Constitution of India). This is especially meant for cause of disadvantaged sections to protect fundamental rights, but it is hardly being used by us.

http://www.ngosindia.com/resources/pil.php http://www.articlesbase.com/national,-state,-local-articles/know-about-writ-to-protect-your-fundamental-rights-562688.html For lawyers – a writ format http://www.supremecourtofindia.nic.in/formats/writ%20format.pdf 1. Justice Mr. Balakrishnan Chief Justice of India Through the Office of the Registrar General Supreme Court of India 1 Tilak Marg, New Delhi INDIA Fax: 91 11 23383792 Email: supremecourt@nic.in Mr. Somnath Chatterjee, Speaker 17, Parliament House, New Delhi-110001 Tels. (011) 23017795, 23017914, Fax. (011) 23792927 Email : speakerloksabha@sansad.nic.in somnath@sansad.nic.in lokmail@sansad.nic.in Parliament Committee on Welfare of SC/ST http://164.100.47.134/newls/percompmember.aspx?comcode=2


Source: KP Singh

Dear All, Jai Bheem! This is in reference to the ongoing discussion on reservation bill passed in Rajya Sabha on December 23rd 2008. Before we jump to any conclusion, we must go through the facts so that we could find an appropriate solution without wasting too much energy in rhetoric and bashing. The present bill has both- the merits as well as de-merits.

Merits: Prior this bill, we had no punitive clauses within the legal framework to punish the people who used the fake caste certificates, did not fill the reserved vacancies, or simply de-reserved the positions to benefit general castes etc. But now they will not be able to do so as law is going to be enacted to punish such culprits.

De-merits: This bill excludes our upcoming generations in all so called institutions of excellence or technical institutions. For this NO-ONE is to be blamed except our members of parliament in Rajya Sabha who did not even care to read or go through this and let it passed. Some say there few bills passed in 18 minutes on the last day of session and this was one of them. They did not get an opportunity look at it. Well, this is not an excuse. Thanks to the less cooperative media which brought this news and highlighted the gravity of problem. All members of Parliament in both houses are supposed to be vigilant when it comes to protect Dalits rights.

What we are doing now? As soon as the news was out, I and Professor Ramesh Chandra went to the National Commission of Scheduled Castes. Dr. Buta Singh, Chairman of NCSC was equally disturbed. However, Dr. Buta Singh immediately called an emergency meeting of commission members. We were also the participants. Dr. Buta Singh made conference calls to Mrs. Meira Kumar, Minister for Social Justice, Mr. Ram Vilas Paswan, and Minister for Steel, Professor B.L. Mungekar, Prof. S.K. Thorat and others. In the evening, I and Professor Chandra went to Mr. Paswan’s house where Professor Mungekar and P.S. Krishnan also joined. After brainstorming sessions, Professor Mungekar went to Arjun Singh for further protest and explanation. Later in the night we all met at Prof. Mungekar’s residence. It was decided that Professor Mungekar would draft an amendment to this bill and Mr. Paswan shall move bill for amendment in the Lok Sabha in upcoming session. Today a huge demonstration was being organized at the Janatar Mantar-Delhi by the Dalit professors from Delhi University to protest against the bill. I am attaching the copy of original bill for your references. Please go through carefully and let us know about expert opinion so that we could debate and have them included in the amended bill. Make sure your suggestions rationally suitable in a legal framework.

With best wishes Sincerely, Dr. KP Singh

Link to Attachment


Source: Arun Kumar I would like to congratulate and thank you for your efforts to rectify the mistake done by our politicians. I was baffled to read about this reservation bill. This is the same government which was talking about giving reservation to SC/STs in the private sector and made a big issue at the time of last election. Now they are the same people who have come up with the idea to exclude 47 Institutions of excellence for reservation. I blame all our people for this fiasco. We built up a momentum for empowerment of our people in the private sector during the International Dalit Conference held in Vancouver  but unfortunately couldn’t  sustain that momentum. Today nobody is talking about our fare share in the private sector. That is why so called upper caste nexus comes up with these ideas on the name of quality and efficiency. I am happy that academicians are demonstrating against this bill but we need to turn it into a mass movement. I request all Dalit brothers and sisters to come together and protest against this bill. BAMCEF can play a major role to mobilise the general public. Dr. Singh, Prof. Mungekar Prof. Thorat,Prof. Ramesh Chandra and others, you all are doing a marvellous work to bring an amendment in the bill and we wish you all the success. If anything we can do, please let us know.


Original Article about the Bill in Deccan Herald

Source: Ambrose Pinto

Article that appeared in Deccan Herald, 6th February 2009

IN PERSPECTIVE
Reservation for Dalits in varsities
By Ambrose Pinto
Dalits feel that while political reservation is extended easily, there is resistance in education.
The Indian Institutes of Technology (IITs) have finally managed to get the Human Resource Development Ministry to drop its proposal to reserve posts for SCs, STs and OBCs in faculty recruitment. The faculty had vehemently opposed the circular of the Government of India, which reserved teaching posts in Central Universities and Deemed Universities for SCs/STs and assistant professors in IITs. The present bill titled “SC/ST Reservation Bill-2008”, removes reserving teaching posts for SCs/STs in the above institutions. The Scheduled Castes and the Scheduled Tribes (Reservation in Posts and Services) Bill, 2008 moved by the Department of Personnel and Training in the Rajya Sabha in December 2008 has listed IITs among institutes of national importance which can be exempted from reservation of posts. The 47 institutes that will skip faculty reservation once the legislation gets Parliamentary approval include the seven older IITs, the seven IIMs, Aligarh Muslim University, Allahabad University and AIIMS. Also excluded from the faculty reservation ambit are 19 National Institutes of Technology (NITs), Jawaharlal Institute of Post Graduate Medical Education and Research, Banaras Hindu University, Delhi University, Post Graduate Institute of Medical Education and Research in Chandigarh, Visva Bharati in West Bengal, Victoria Memorial, National Library, Indian Museum — all in Kolkata, and the Indian War Memorial in New Delhi. The legislation is pending Parliamentary approval and exempts institutes of excellence from reserving posts and the IITs are among these. The Dalit groups are up in arms against the order.
There are three types of reservation in the Constitution for SCs/STs. The one considered most important is political reservation. The other two are reservations in educational institutions and employment opportunities. After every 10 years, the political reservation gets extended by amending Article 330 and 332. Through political reservation 119 members of the SC/ST community get elected to the Parliament and 1050 MLAs get elected to the state legislatures. Invariably, political reservation gets fully implemented while there has been resistance for the implementation of reservation in services and education. There are questions being raised by members of the Dalit community for the easy extension of political reservation and the reluctance to extend other kinds of reservation. They opine though there is no strong demand from society to extend political reservation, it is always extended without much pressure for it creates stooges, who can dance to the tunes of the political masters in different parties. The other issue about SC/ST reservations is that there are several constitutional provisions for reservations but hardly any executive orders with provision of punishment for non-implemention. There are various examples on how reservations have been sabotaged. Previously there was a vacancy-based roster, which benefited SC/ST/OBCs. In this system whatever the posts may be, they were divided as per reservation percentage meant for SC/ST/OBC and General. The system has changed into post-based roster system. In this system every post is assigned to particular category and for getting one SC seat, there should be at least eight seats of employment. Among eight seats, the seventh will be given to SC category and 13th one to ST category. If there are less than seven appointments at a time, not a single one is given to SCs/STs.  The Dalits think that this is a conspiracy. Previously all the seven seats were distributed among SCs/ STs/OBCs and General group. But by this new roster system only general candidates benefit. Single post reservation has also been cancelled. The argument of the anti-reservationists have been that there are no candidates and the available candidates are not suitable. Dalits can fight their battle by filing a case in the Supreme Court, a decision the section of the Dalits have yet to arrive at. The second one is not to allow the bill to pass through the Lok Sabha. The other is what Ambedkar had instructed them, “My final words of advice to you are educate, agitate and organise. With justice on our side I do not see how we can loose our battle…For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality.” It will depend on the choice Dalits make. (The writer is principal of St Joseph’s College, B’lore.)

Source: F H Jakkappanavar

I have been reading all your outbursts regarding the SCHEDULED CASTES AND SCHEDULED TRIBES ( Reservation in posts and services ) Bill 2008. The facts remain to be seen that we are not the openion makers and we simply allege as some one is responsible. Let us not blame MPs or MLAs of our community. Ultimately, we need their voice in Lokasabha to get our interest protected. What we need is, some one in Delhi take a lead to collect few MPs of our community, arrange them Lunch/Dinner and hand over them what we need modifications in the Bill. As I have been in the Labour movement, to my mind following suggestations would full fill our requirments. Let there be clarity that reservation for SC/ST is there in the matter of direct recruitment without restricting it lowest grade of Group A  posts. It is against Article 16 (4A). Further, let there be spoken provision to provide reservation for SC/St in the matter of  promotion upto any category or cadre where the promotions are made on the basis of seniority cum fitness. 1.  Section 4 (iii) and (iv) need to be deleted 2. Section 4 (2) needs corrections- No institution under the control of Union Government and State Governments shall be excluded for not applying the rule of reservation. 3. Section 5 needs some corrections: There shall not restriction of pay or posts( Director  in the Central Secretariat service) and seniority of all fit shall be prepared including the fit SC/ST who are senior enough to extend them this benefit which is called as ZONE OF CONSIDERATION. 4. Section 15: Delete the SUBJECT TO THE AVAILABILITY OF FINANCE AND OTHER RESOURSES 5.Section 16,17 & 18:  The violators shall be booked under the Scheduled Caste and Scheduled  Tribe ( Preventio of  Atrocities) Act 1989 and Rules 1995 Still more store is there in my mind- Let us have open debate that reaches the Desk of Parliament


Source: muniappa swamy

As I have already received sms from TM-GupShup (earlierly JAYBUDHDHA), it is learnt that Parliamentary affairs Minister has announced in Loksabha on 19.02.2009, to remove 4 I, II, III, IV & 4-2, 4(3) etc. of reservation bill 2008. Is this news is reliable. Then it is a good achievement. Let us thank our MPs who raised voice, our intellectual brothern who thought over the issue and educated all.
More over, F.H. Jakkappanavar,s suggestions are good. I request, Jakkappanavar to visit Delhi and meet and talk with the people.
Muniyappa Narayana swamy

Source: SM Wasnik

Govt may consider amendments to SC/ST Bill Wed, Feb 18 02:51 AM After objections from the National SC Commission and some Dalit MPs to certain provisions in the Scheduled Castes and the Scheduled Tribes (Reservation in posts and services) Bill, the Government on Tuesday indicated its willingness to look into their apprehensions when the Bill comes up before the Lok Sabha. Close on the heels of National SC Commission chief Buta Singh expressing reservations over the Bill, which was passed by the Rajya Sabha two months ago, CPI MP D Raja took up the issue with Social Justice Minister Meira Kumar at an informal meeting called by Lok Sabha Deputy Speaker Charanjit Singh Atwal. Raja’s basic objections, as that of Singh’s, are that the Bill exempts 47 national institutes, including IITs and IIMs, from reservations and stipulates that there shall be no reservation to posts qualified as scientific or technical posts. Besides Kumar, Union Ministers Sushil Kumar Shinde and Ram Vilas Paswan and MPs R K Naik and Ramdas Athawale also attended the meeting. “The National Common Minimum Programme of the UPA had mentioned reservation in the private sector and an intention to codify into law all reservation. And now they have taken away the existing reservation. The Bill in its present form is not acceptable,” Raja told The Indian Express. Sources said the Left parties would move amendments to the Bill when it comes up before the Lok Sabha and the Government is open to considering them.


Source: Giridhar Gajabe

Thank you for spreading the messages about the reservation bill 2008,  The Section 4(1)(iv) is more imp. than the reservation to the 47 institutions of the national importance. The list may be increased or decreased as per the provision, but setion 4(1)(iv) will abolish the existing provision of the reservation to the post higher than the lowest rank of group ‘A’  to be filled by direct recruitment. The 85th Constitutional ammendment can also be violated with this provision. There are other provisions, which are also needs to be ammended. I have forwarded memorandum to the Hon’ble President of India and the MPs.


Source: Krishnan Madappa

This draconian bill be opposed with tooth and nail.
The curtailment of reservation in scientific and technical jobs is nothing but a national shame to declare the oborginal are not fit for such jobs. Had US people had guts to say that Obama IS not fit for US President ????.
All scientific ,technical and super computer related jobs can be done by any human who is provided with such education.
The entire dalit community should stand by with our Nationl commission Chairman, Shri.Buta Singhji, Paswanji, D.K.Raja ji, and all our Leaders MPs and MLAs in our fight against the Black bill onSC/ST.

Source: Times Of India

Maya stalled the reservation bill

LUCKNOW: Chief minister Mayawati on Friday patted her back for opposing the controversial Scheduled Castes and Scheduled Tribes (reservation in

posts and services) bill 2008, which she claimed eventually forced the union government to withdraw the proposed legislation.

The bill was to relax reservation rules for appointment of teachers in premier institutes like IITs. However, the CM described it as anti-Dalit and slammed all the political parties for not raising a voice against the bill. She said that it was because of BSP’s opposition, both inside and outside the Parliament, which stopped the government from getting the bill passed in a hushed manner.

Mayawati also said that her party MPs had requested LS Speaker Somnath Chaterjee to stop the bill from being passed as it was against the spirit of the Constitution which provided reservation to Dalits in government jobs and services. However, the Speaker did not pay attention to the demand, forcing BSP MPs to protest in the house, which led to adjournment and ultimately foiled the bid to get the legislation passed in a clandestine manner.

Meanwhile, state president of BSP in a statement slammed SP chief Mulayam Singh Yadav for criticising the government for spending money on constructing parks and statues. He said that no development work had been adversely affected by construction of parks and statutes.


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16 Responses to “SC/ST Reservation Bill – A discussion”

  1. Dr Known said

    India is Democracy and NOT Meritocracy.

    Govt must implement Reservations in Private Institutions, Temples, Judiciary and in Defense services.

    * 50% of Temple Priests/Supreme Court Judges/Defense Staff must be from OBC communities.
    * 35% Temple Priests/Supreme Court Judges/Defense Staff must be from Dalits and Tribals.
    * Remaining Temple Priests/Supreme Court Judges/Defense Staff must be from other Castes.

    You must do this till 85% of all registered marriages in India are INTER-CASTE or INTER-FAITH.

    This is the only way to STOP India from dis-integrating.

  2. sitaram khoiwal said

    JAI BHIM
    AS WE KNOW ALL POLITICAL AND SOCIAL GROURPS HAVE A BLACK UNDESTANDING AGINST DALIT AND SOME SELFISH DALIT ALSO SUPPORTING SO WE SHOULD MAKE ALSO AND UNDERSTANDING HEART BY HEART THAT ALL AMBEDKARITES ARE UNITED AND DEDICATED TO DEVELOPE DALIT FROM ALL ANGLES

  3. indiyouth said

    LESS HYPED MANAGEMENT QUOTA [RICH QUOTA] IS WORST

    Management quota is

    1) Illegal [donations are illegal acc. to UGC , and for which they can be deaffiliated ].
    2) It affects more people as private colleges comprise 70% of the total seats.
    3) It divides rich and poor people [as u say reservations should be provided to poor, here it is reservation for the rich].
    4) It compromises merit and SC/ST quota acc to u just satisfies last 2 points but its not illegal.

    BUT STILL SOME PEOPLE PROTEST AGAINST SC/ST QUOTA [EVEN STUDENTS JUSTIFY DISCRIMINATION IN COLLEGES AGAINST SC/STs BECAUSE OF THEIR QUOTA], AND DO NOT RAISE THEIR VOICES AGAINST MANAGEMENT QUOTA. THEY SAY SC/ST DOCTORS ARE NOT CAPABLE OF TREATING PEOPLE AND DO NOT SAY SO FOR MANAGEMENT QUOTA GUYS, WHO BUY SEATS AND GET MBBS DEGREE FROM A PRIVATE COLLEGE RUNNING IN SUBSTANDARD CONDITIONS. THEY DO NOT SAY SO ABOUT DEFENCE GUYS, GOVT QUOTA GUYS , NRI QUOTA GUY’S. IF ACCORDING TO THEM, SC/STs DESERVE DISCRIMINATION BECAUSE OF THEIR QUOTA, WHY DON’T THEY TREAT MANAGEMENT, DEFENCE, GOVERNMENT.

  4. ganesh said

    st/sc reservation should be increased.

    • maya said

      i think the reservation is the one of the reason for the degrading performance of government sector.
      here are few questions which i want to ask from u
      1.what about gen category if 50% reservation for others and the merit holders from them are put under normal seats which makes it to about 60% while about 75% candidates are from gen. ?
      2.if sc/st people are so talented then why they are less no in private jobs?
      3.why the reservation quota seats remain vacant?

      i think if gov. wants give reservation then the base should be economical because the main reason behind reservation is removal of the discriminating line which is now a days money and what the present condition reflects is that only those sc/st people are able to gain the reservation benefits who are having good social status due to which the gap is increasing.

  5. [...] SC/ST Reservation Bill – A discussion « Samatha India Breaking News: The Greatest Disgrace and Shame on the Indian Judicial System: High …. Harish Salve or someone who has background of successful cases for SC/ST/OBC rights. …. Aligarh Muslim University, Allahabad University and AIIMS. … Previously there was a vacancy-based roster, which benefited SC/ST/OBCs. … samatha.in/2009/03/04/scst-reservation-bill-a-discussion/ – Cached – Similar – [...]

  6. Unny said

    DRDO is one of the premier organization under the ministry of Defence. The recruitments to the Scientists -DRDS is done by RAC, the entry level recruitments are following the reservation. normally every 5th year there is promotion to the next level say, Scientist B to Scientist C,then Scientist’D, Sc’E. Sc’F,Sc’G etc. here the selection is based on direct interview. some of the candidates are selected within 3rd / 4th year itself as extra ordinary.here DRDO is not following any reservation rules,simply bypassing the reservation.because of this there is no sc/st people in the higher levels of Scientists in DRDO, they are getting calls even after 7 years, the juniors are overcoming there.

  7. D G Rajulu said

    Date: 28.06.2010
    Hyderabad.

    To
    The Director,
    Department of Personnel and Training,
    NEW DELHI.

    Respected sir,

    Sub: Issue of instructions on Reservation for SC/ST and OBC Classes in services under the Government of India – request to consider the discrepancy in promotions – Income-tax Department – Regarding.

    Ref: Ministry of Personnel, P G & Pensions Department of Personnel & Training – OM in No. 36011/6/2010-Estt.(Res) dated. 25.06.2010.

    ******

    Kind reference is invited to the above.

    I am working in Income-tax Department as a Income-tax Inspector. I am belongs to SC community. I was passed my Departmental Exam in the year 2002 with 55% marks (after availing concession), for general candidates pass marks is 60%. The Department is not allowing SC/ST employees who passed the exam with concessional marks to rewrite the exam though they have chances to write the exam (all employees can write the exam up to 10 times) to get 60% marks. It is pertinent to note here, every year Department conducting the exams and seniors who passed the exam are placed before the other employees who passed the exam earlier than seniors. Department has conducted DPC’s and set aside the all SC/ST candidates who passed the exam with 55% marks, though they are seniors to other employees.

    In view of the above, what is the remedy the DOPT has chosen to SC/ST Employees in promotions? Kindly consider the following observations in the coming DOPT OM.

    (a) The Rights of the SC/ST employees curbed and violated the Supreme Court Decisions in the cases of Hemraj Singh Chauhan & Others & Badrinath vs Government Of Tamil Nadu And Ors. on 29 September, 2000 & Article 16 & 335 of the Indian Constitution (right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 of the Constitution.) by neither allowing them to write the Departmental Exam to compete with General Candidates nor giving promotions to the SC/ST employees.

    (b) What is the necessity/fun in giving concessions/relaxations to the SC/ST employees in the exams? Whether the concession is for advantage to the SC/ST employees or to suppress/deprive them or barred them for getting promotions against General Category.

    (c) As concerned to our Department, the Department is making reservations to the General Candidates instead of giving reservations to the SC/ST employees, by barring the SC/ST employees to write exam and avoiding promotions against the General Vacancies.

    (d) In the proposed latest DOPT OM, DOPT is not showing any way to SC/ST employees, though hundreds of SC/ST employees are suffering in getting promotions, in view of the dubious methods adopted in the Departmental exams and in awarding promotions.

    (e) In the case of Jitendra Kumar Singh And Anr Vs. State of UP and Ors, the Honorable Supreme Court held that, the merit will be considered after the concessions/relaxations given to SC/ST’s. But, no DOPT OM giving clear picture as concerned to the SC/ST Promotions.

    (f) Though SC/ST employees are making representations, but, no Government Organization bother about the problems of SC/ST employees.

    (g) In our Department in promotions neither following the seniority nor own merit. They are following the mixed method (adopted their own) which suppress and curbing all the SC/ST promotions, which is against the Government Policy. The SC/ST employees who passed the exams with 60% marks (General Standard) are adjusted against the reserved roster points instead of adjusting against the unreserved vacancies, which is violation of the DOPT OM’s Dated: , 01.07.1998, 02.07.1997 & 11.07.2002.

    (h) Even in the promotions to the post of ITO of ACIT, those SC/ST employees who has own seniority are adjusted against the reserved roster points, which is against the Honorable Supreme Court Decisions in various cases.

    (i) In the proposed DOPT OM, you have not given clarity on those SC/ST employees who passed the exam with concessional marks and senior enough has to consider for promotion against the General Vacancy or not (since the department stating that once passed is passed, no employee is allowed to write the exam for betterment or for improvement, though they have chances to avail to write exam. As concerned to the General Candidates the department is allowing them to write the exam till they attain 60% marks in the exam, which is against the equal rights given to the constitution).

    (j) In a particular period, there are not retirements of SC/ST employees, what is the fate of SC/ST employees in getting promotions. How far they have to wait for promotions, it is very unfortunate to say to wait, till a SC/ST employees retire/expire. ( In view of the vacancy based reservation).

    (k) In our Department General Candidates, who have less service, when compared with SC/ST employees, who availed more number of chances when compared with SC/ST employees and who has completed the exam after a SC/ST employee, are getting promotions. Why SC/ST employees are not getting promotions.

    (l) Whether reservation is advantage or disadvantage.

    Kindly verify all aspects before the OM getting approved and consider the above facts. It is requested that instructions may be given with more clarity as regard to the promotions of SC/ST employee against General Vacancies those who availed concession in the exam and barred them from exams to compete with the General Candidates.

    Thanking you for giving opportunity to share my opinion.

  8. Sandeep Kumar Gaurav,B.tech said

    reservatin is not only a need but also a right coz there is a great discrimination about castes untill it ends reservation should b continue.

  9. K.B.MAURYA said

    All dalits should struggel for reservation in all acadimic nd technical institutes.even today we are not free from the discrimination made by general castes. we need it for our development

  10. K.B.MAURYA said

    All dalits should struggel for reservation in all acadimic nd technical institutes.even today we are not free from the discrimination made by general castes. some universities such as aligarh muslim univesity are not provide reservation so i think we should raise our voice for the reservation in these universities also.our organization mamed manav sevadal sansthan is doing so nd we need help u.come nd struggle with us.contact me on these numbers-09808573409,09759568114

  11. Surendra Kumar said

    Dr. Singh, Prof. Mungekar Prof. Thorat,Prof. Ramesh Chandra, Dr. Buta Singh and SC/ST leader,
    Thank you very much,
    This govt is playing a danger game with SC/STs by passing controversial reservation bil-2008.Remember year-2008 when this govt was in big trouble during “Atomic Co-operation Bill” and our leaders provided support to save govt. Now, govt has forgotten that time. This is govt that always cry during elections that they are for welfare of SC/STs. There should be reservation SC/STs according to constitution not only in govt bodies but also in private bodies.
    When SC/STs sit in inetrviews, the host institute discards them by saying that you are not fit for the job by marking “No suitable candidate was found” on advertisement file. Take an example of IIT Delhi, how many SC/ST students got addmitted in higher education (i.e PhD)? Take another example of NIPERS how may SC/ST faculties are?. The all top positions of country are occupied by upper cast peoples, they restrict the SC/ST persons to enter in higher eductaion as well as in employement and this can not be without support of Govt. Still total thousant crore backlog vaccacies are in country but govt never took this matter seriously. This condition is similar to conditions during British Law&oredrs in the country. See any employement news paper there will posts- clerk, safaiwala, carpenter, halwai, washerman etc all reserved for SC/ST persons. But when you see the Posts of- Scientist, manager, faculties in research institutes, faculties in IIT/NIT/IISER/CSIR Labs/DRDO/BARC all are reserrved for upper cast persons. it is a very worst condition for Sc/Sts. There is only one way the awaik the govt- be all SC/STs united for a long mass movement. We have to learn something from Libiyai people……..

    Dr. Singh, Prof. Mungekar Prof. Thorat,Prof. Ramesh Chandra and Sc/St leaders

    We all SC/ST are always with you not only through internet but even for mass movement on national level. this is right time to fight for our right. So make call for mass movement on all india level.

    Surendra Kumar

  12. Surendra Kumar said

    Thank you very to all supporter of the issue
    Itana massage karo ki sara desh hil jaye. Communicate with each and every SC/ST person on this issue and tell what this govt want to do. Used your own media i.e. mail, moble, letter etc. Becuase new channels has sleeped down on this issue. So we ourself have to activate our population on the issue. We have ability even to eradicate the govt if they will not change their way.
    Jai Bhim
    Surendra Kumar
    E-mail- zaxb_india@yahoo.co.in

  13. Dalit Muslim hope in Supreme Court ruling
    SHANMOHAMED INAMDAR
    TREASURER
    ALL INDIA MUSLIM BACKWARD COMMUNITY WELFARE TRUST(AIMBC) MUMBAI MAHARASHTRA shan790@gmail.com
    In a great development for a PIL lodged in Supreme Court by Akhil Maharastra Khatik Samaj (AMKS) for inclusion of
    Dalit Muslims in Scheduled Caste category, the apex court recently ordered Union of India to file counter affidavit to the
    writ petition. It is happening for the first time that the Union of India has responded to this petition. Shamsuddin Shaikh,
    chairman of Akhil Maharashtra Khatik Samaj, has said that they are fighting for Dalit Muslim rights for more than a
    decade. From 1935 to 1950 all Dalits irrespective of their religion were provided with reservations.
    However, on Jan.26, 1950 when the constitution of India came into force an Order was passed by then President of
    India, Dr. Rajendra Prasad, limiting the reservation to only “Hindu Dalits”, clearly prohibiting the provision of Article 341
    which states that all SCs should be given reservation. The Presidential Order 1950 denies inclusion of Dalits of any
    community other than Hindu in the SC category. The order says no person who professes a religion different from
    Hinduism shall be deemed to be a member of the SC. This part of the order runs contrary to the provisions of Articles 14
    (equality before the law), 15 (prohibition of discrimination on grounds of religion) and 25 (freedom to profess and practice
    any religion) of the Constitution.
    The situation clearly calls for a constitutional amendment to include Dalit Muslims and Dalit Christians. Sikhs and
    Budhists were already included under SC.
    Dalit Muslims deserve SC reservation as they are not only engaged in the same profession as “Hindu Dalit” but also
    suffer the same discrimination as their “Dalit Hindu” counterpart. Mushtaq Ahmed, Supreme Court advocate in the above
    case, said the Ranganath Mishra Commission has also recommended SC status for Dalit Muslims. There are 35 Dalit
    Muslim castes among Muslims.The final hearing of apex court is on 29/3/2011.we hope dalit converts will get justice.

  14. Jai Bheem to all da revolutionaries who are making serious efforts for every positive cause of Sc/Sts in order to retain our representation in national pursuits or nation building. We-the Dalits- as Geologist in Directorate of geology & mining, uttar-pradesh, lucknow are always wd you in support of ammendments to the Sc/Sts reservation bill nd always stand wd you to protect our intrests like this. we are also suffering from not being given promotion inspite of qualifying all da criterion for da posts(back

    http://samathain.wordpress.com/?archives-list=1

  15. Vijay Kumar said

    Atrocities against dalits are rampant until this day and it is evident from the annual reports of National Commission for SC/ST. Fools do assume and propagate that dalits are free from discrimination based on caste. Assuming that a child from a forward class family and that of an oppressed class family had the same intelligence at the time of their birth, its obvious that owing to vast differences in social, educational, economical and other factors, the former will beat the latter in any competitive field, even if the oppressed class child’s intelligence quotient was much higher than the child of forward class, if the selection is made on the basis of ‘merit’. Though reservations are seen as anit-meritocratic in nature, meritrocracy is meaningless without equality. First all people must be brought to the same level, whether it elevates a section or lowers another, regardless of merit. After that, we can talk about merit. Forward people have never known to go backward due to reservations or lack of “meritrocracy”. Reservations have only slowed down the process of “Forward becoming more richer and backward becoming more poorer”

    Dalits are more than a quarter in Indian population but they are entitled to a mere 22%. Dalits are not devoring your share but dalits are protected by the way of reservation from you devoring theirs. Hence you need not whine. Every other non-dalit shld be at least for a day subjected to untouchability and made to clean n carry human excreta in order to make dem undestand what its to be. We need one more Baba Sahaib.

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