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Ssc SOCIAL STUDY CIRCLE di (ESTD
1982) www.dalitindia.com ssc@dalitindia.com *********************************************************************** |
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November
24, 1999
GOVT OMs
AGAINST RESERVATIONS
|
S. No. |
OM No. & Date |
Court Case cited to justify the issue of the OM and other Background Cases |
Issue |
|
1. |
20011/1/96-Estt(D) Dtd 30th Jan 1997 |
UOI vs Virpal Chauhan etc Appeal in Railway Guards Case Dtd 10th Oct 1995 Two Judges Bench of SC - SC Agarwal, BP Jeevan Reddy JJs And A. RK Sabharwal vs
State of Punjab 1995 B.
Railway Guards Case
CAT Allahabad 1986 C. D
Williams vs UOI
CAT Madras D.
GC Jain vs DRM CRly
Madhya Pradesh HC 1986 E.
MPDiwedi vs UOI
Allahabad HC 1981, 1983 F.
JC Mallik vs UOIAllahabad HC
1972 |
SCs&STs Promoted
against Reservations will be
brought down in
Seniority, w.e.f 10th Feb
1995, below general
candidates, promoted
later, according to their
Seniority, fixed at the time
of joining the
Service, in view of the
Observations of the
Constitution Bench on 10th
Feb 1995, on the
issue of Seniority
between SCs&STs
Promoted under the
Rules of Reservations and
the general
candidates |
|
2. |
36012/2/96-Estt(Res) Dtd 2nd July 1997 |
RK Sabharwal vs State of Punjab Punjab Case, Dtd 10th Feb 1995 Five
Judges Constitution Bench of SC - Kuldip Singh, S Mohan, MK Mukherjee,
BL Hansaria, and SB Majumdar JJs, A.
Thomas vs State of Kerala 1976 B. JC
Mallik vs Min of Railways Allahabad HC
1972 C. GM
SRly vs Rangachari 1962 |
Reservations will be as per
Post based Rosters,
instead of Vacancy
based Rosters, in use at
present |
|
3. |
36012/23/96-Estt(Per) Dtd 22nd July 1997 |
Indira Sawhney vs UOI Mandal Case, Dtd 16th
Nov 1992 Full Constitutional Bench of Nine Judges of SC - MH Kania CJI, and JJs MN Venkatachaliah, AM Ahmadi, BP Jeevan
Reddy, PB Sawant, S Ratnavael Pandian, RM Sahai, Kuldip
Singh, and TK Thommen |
SCs&STs will not be
Promoted on lower
Qualifying Marks, and or on
lower Standards of
Evaluation |
|
4. |
36012/18/95-Estt(Per) Dtd 13th August 1997 |
Indira Sawhney vs UOI 1992 Dtd 16th Nov 1992, and the
Constitution 77th Amendment
Act 1995, inserting Article 16 (4A) |
Reservations for SCs & STs
in Promotions to
continue, as before, in view
of Article 16 (4A),
beyond 15th Nov 1997 |
|
5. |
36012/5/97-Estt(Pers) Dtd 29th August 1997 |
Indira Sawhney vs UOI 1992 Dtd 16th Nov 1992 |
Reservations should
always be less than 50%
Vacancies, filled in a
year/ at any time |
|
6. |
36011/1/98-Estt(Res) Dtd 1st July 1998 |
Nil |
SCs&STs, who have
availed of any
concessions in Age,
Experience, Number of
Chances to take Exams, be
counted against
Reserved Vacancies, and not
be considered against
Unreserved Vacancies, even
if the were appointed on
selection and
promotion by their own
merits. They
will not be available for
consideration against
Unreserved Vacancies |
A
CRITIQUE AGAINST THE OMs OF GOVT AGAINST
RESERVATIONS
Government
had completed Celebrations with much fanfare, the Golden Jubilee of the
Country’s Independence. This year, we are running up to complete Fifty Years of
Indian Republic. On 26th January 2000, we may celebrate on a big or
bigger scale, the Nation’s existence as a Republic for fifty long years. We as
a Nation, will thus be entering the next Millennium, very proudly and as a
mature Nation, that has completed fifty years of both our Independence and
being a Republic. But even in the new Millennium, the SC&ST Dalits in the
County, have nothing to rejoice or celebrate. And the Govt has only rubbed salt
into our wounds. Instead of doing something to Liberate the SC&ST Dalits of
the Country, the Govts under the last three Prime Ministers, including the
present one, have brought out the series of draconian OMs, very carefully
deliberately but silently evolved to suppress the SC&ST Dalits of this
Country, as well as the OBCs, in the next Millennium also. In spite of all
round protests by SC&ST Dalit Parties, Leaders, Parliamentarians
Legislators and other Elected Peoples’ Representatives, Unions, Welfare and
other Associations, Officers Workers and other Employees, and their Spokesmen
in various Forums, and agitations and protests in the Floor and at the Gate of
the Parliament, and also outside in the Streets, the Govt is wantonly and
comfortably sleeping for months over the last three years, in spite of the
Promises made by the Present PM in the Parliament and outside.
Over
the years, Caste feelings in the Country, had hardened and become very rigid.
In the early days, at least some sympathy, and a little sprinkling of
compassion could be found in the society, at least with a few individuals,
towards those little SC&ST Dalit Youngsters struggling somewhere here and
there, or elsewhere against very heavy odds and great handicaps, to complete
their studies, find some jobs, get some employment, and earn some or get a
little salary to make a decent living in this society. While the SC&ST
Dalits had hoped, for that little bit of sympathy to grow and gather momentum
to change into empathy, and the small sense of compassion with some odd
individuals to develop into caste tolerance, social acceptability, a little
love and brotherhood, and the fellow feelings to grow and flower ultimately
someday into full-fledged Fraternity of the Dreams of the Founding Fathers of
the Nation, which the Preamble of the Constitution speaks about - in reality,
every human thought and consideration for the poor helpless handicapped
SC&ST Dalits had dried up. The Caste Rigidity, for quite sometime now, had
hardened into almost an insurmountable hatred and impenetrable social
antagonism.
The
Constitutional Guarantees for the SCs&STs have only remained on paper, and
the Legal Safeguards had withered away, as the State Protection had ceased long
ago. Land Reforms and Redistribution of Land or Distribution of at least the
Surplus Land, or even Barren and Fallow Lands to the SC&ST Dalits have
proved to be ultimately distant dreams, and receded away as big mirages.
Welfare Measures have dried out, Community Developments have carefully stopped
short of SC&ST Dalits and the Dalit Areas and Villages. Law and Order
Machineries have turned against the SC&ST Dalits. Financial Institutions
and Banks have become barren for the Dalits. All SC&ST Development
Programmes have in real terms shrunk. The Budgetary Provisions and Funds meant
for the SCs&STs have all vanished. Caste Atrocities have become real, grown
manifolds, and very very frequent to give any respite or peace of mind to the
SC&ST Dalit Communities and their Leaders.
Whereas,
the Rural India is either oppressing or rejecting the SC&ST Dalits, the
Urban India is enslaving and refusing to accept the Dalits as human beings. The
Urban India marginalises, segregates and confines the Dalits to the inhuman
over-crowded stinking sick miserable Slums. The Urban India still tolerates
such an eyesore of filthy Slums in many neighborhoods, only because they
conveniently house the Dalits at little cost to the others and the local Govt,
so that the Dalits are readily easily and cheaply available in plenty for all
types of Govt and Public, as also Private and Personal, and Household Work. And
they are comfortably used to support serve and sustain the extravagantly luxurious
leisurely classes of the newly emerging rich, with every conceivable and
imaginable services at their very door steps, that too dirt cheap. It appears
that, the Nation wants the Dalits to live forever, both in the Rural and Urban
Areas, as un-enumerated nameless faceless Social Slaves, without any cost to
any individual making use of their Services. The hindu society also does not
want to take any responsibility for them - either for their survivals, or for
their welfare and well being, so that the rest of India can live in comfort and
luxury provided by the Dalits. Nobody bothers, even when individual Dalits and
their families including the old and the sick, or women and children, work with
only empty stomachs and live in absolute poverty, penury and object misery, in
hopeless tiny little shacks in the Slums. The hindu society, on the other hand,
want the Dalits to live and work so, so as to subsidize their Services to the
rich at un-remunerative low costs, much below Subsistence Wages forced on them
by the Society, and often by the Local Governments and other Governments as
well as various private agencies.
Seen
from the above perspective, the Series of Actions taken by the Governments,
particularly the Ministries of Rural Development, Works Housing and Urban
Affairs, Environment and Forests, Finance, Social Justice and Empowerment (the
erstwhile Welfare Ministry) and the Department of Personnel Training
Administrative Reforms and Public Grievances, as well as the numbers of recent
Judicial Pronouncements by the Central Administrative Tribunals and High
Courts, particularly in Allahabad, Madhya Pradesh, Delhi, and the far reaching
suo-motto Judgments of the Supreme Court, trampling down the Rights of
SCs&STs in various Posts and Services, are extremely disturbing. They block
even the small Paths of Development and Survival that were opened for them,
during the Freedom Struggle and thereafter. They make the lives of Dalits more
hopeless and also very miserable. They take the SCs&STs back by many many
Centuries. These tend to strip and deprive the SC&ST Dalits of every
chance, opportunity and all hopes of regaining their places, in the Society and
the Nation that would be entering the Twenty first Century, with an archaic
mind set and backward outlook. They leave the SC&ST Dalits, forlorn,
helpless, hopeless, neglected, marginalised, and once again victimised from
every conceivable angle.
Scheduled
Castes and Scheduled Tribes taken together, today constitute nearly 25% of the
Population of the Country. In real terms, they number more than 260 million.
Such a large Population, stands third in the World, only after China and the
whole Indian Population including the SCs&STs. It is a great tragedy and
travail of the times, that they still do not feel secure, or protected and safe
in the Country, in Free India, particularly in the Rural Areas. Their lot is no
better in the hundreds of small and big towns, cities and metropolises. They
are virtually at the receiving ends, forced to be on the defensive, just to survive,
especially in the Government Offices, Educational Institutions, and also in the
private sector companies, emerging Multi-National Corporations and other
Organisations, right from day one. While crude exploitations, caste violences,
denial of wages, non-payment of minimum wages, admissions into schools, access
to safe drinking water, and criminal offences against them like rape of their
hapless girls and women, physical assaults, grievous injuries, killings,
looting and burning of even their small little huts, petty properties and the
meager savings of the SC&ST Dalits are increasingly becoming the order of
the day in the Rural Areas, the Urban Areas are no better.
In
the metropolitan Cities, white collar sophisticated subtle subversions like
denial of opportunities, housing, employment, minimum wages, full salaries and
other dues, admissions into good courses in Colleges/Universities and
Institutions of higher learning, timely selections, appointments, proper
postings, good trainings, sponsoring to specialist courses and higher degrees,
foreign visits/assignments abroad, promotions in time, due recognitions,
credits and rewards for good hard and tough or dangerous jobs, recognitions for
big or difficult achievements, proper reports, good gradings in the Annual
Confidential Reports like outstanding and very good just to withhold their
timely promotions are regular features of their lives. Injustices,
discriminations, harassments, difficult postings, frequent transfers, denial of
minimum justices or redressal of even genuine and simple grievances are
increasing and becoming open realities in the Cities even in Govt Offices,
Ministries and Secretariats, Nationalized Banks and Financial Institutions,
Public Sector Undertakings, Universities and other Public and Govt financed
Autonomous Bodies and National Institutions.
There
is just no place for the SC&ST Dalits in the growing number of various
private sector, National and Multi-National Corporations, even though most of
these keep asking for more and more help and assistance, are depending
exclusively or extensively to a larger extent for their existence and
successful functioning, as also in making profits on Govt financed
infrastructures, tax concessions, lease or transfer of large chunks of precious
public or Govt Lands at nominal rates or only for a token price, and seek
Public Funds from Govt as Grants, Loans and Subsidies from Nationalized Banks
and Public Financial Institutions etc. It is therefore no wonder that
SCs&STs feel very insecure discriminated exploited and let down by the Govt
in Free India, Democratic India and the Indian Republic.
The
historic discriminations, the continuing deprivals, marginalisations and
sufferings, as also the lingering deliberate and wanton humiliations to which
they were subjected to have always been so severe that, the SCs&STs have
forever been silently looking for any small escape route, only ready and eager
to grab every small opportunity. Thus, they have been regularly opting out of
the hindu oppressions, as well as the whole Indian Society. This has been the
main reason as to why the bulk of the SCs&STs have from time immemorial
been willingly and readily embracing Buddhism, Christianity, Islam and Sikhism;
and joined the Muslim, Moghul, British and other Colonizing Imperial Armies.
They just wanted to escape from the clutches of the oppressive feudal land
lords and money lenders. They always took the plunge, just as people jump out
of a sinking ship or a running train on fire. For the same and or similar
reasons, in search of Freedom and Liberation, dignity, civil liberties and
human rights, they took to all kinds of new non-conventional, difficult,
dangerous, risky and also menial jobs. They opted for them even when those were
otherwise demeaning, and the working conditions were not only difficult and
uncomfortable, but were also inhuman and depressing.
Through
the long history of the Nation, spread over the millenniums, the SCs&STs
consciously took to jobs like working on Leather for the Greeks Romans and the
Muslims, Tailoring for the Sultans and Mughals; and Sweeping scavenging and
carrying night-soil for the Company Establishments. They sure, willingly went
to keep clean the Colonial Armies and their Barracks as Sweepers, Jamadars and
Followers in the Army Establishments and Cantonments; joined as respectable
uniformed fighting Soldiers in most of the invading conquering colonizing and
ruling foreign Islamic, Sultanate, Moghul and many of the European Armies in
the Country; joined as petty workers, plantation labourers, hard working
coolies and porters and as sincere legal domestic helps, servants and cooks to
the Company and Imperial Officials in the Country; flag bearers, altar boys,
carol singers, bell ringers etc in the brightly lit, well illuminated, better ventilated,
clean, colorful and cheerful Churches with serene peaceful reverable ambience;
and went out into the Colonies of the British, Dutch, French, German,
Portuguese, Spaniards etc in almost every part of the world, spanning from
South-East and Middle-East Asia, Africa and Latin America, to Europe as
emigrant labourers and workers. In short, they wanted and have always been
getting out, lock stock and barrel from the exploitative and oppressive hindu
fold. In spite of these continuing and ongoing silent rebellions of the
SC&ST Dalits, the hardened hindu society hardly had ever really changed its
attitudes towards the SCs&STs. The contempts and denigrative treatments,
they had specially reserved for the SCs&STs, still continues in some form or
the other. Hence, the Struggles of the SCs&STs, have always been a long
endless continuum, throughout the History of the Nation.
Bharat
Ratna Baba Saheb Dr BR Ambedkar, the undisputed Leader and Messiah of the
Dalits, thought extensively and struggled endlessly, without ever willing or
being coerced into any compromises in his Fights and Struggles against the
Denial of every form of Justices to the Dalits in this Country, by the hindu
society. After, wide and long drawn consultations discussions and
deliberations, Dr Ambedkar came to the conclusion, like all his forefathers,
that the Dalits would never get any Justice in a hindu majority, hindu
dominated and hindu controlled Society State and Administration. This, without
any reservations or fear, he had openly declared in public, had written about
it extensively, and spoken in various forums, many a times. In the end, Baba
Saheb Dr Ambedkar had come to the considered opinion that, the Dalits should by
themselves shape their lives, and hence concluded that the Dalits should all –
a)Quit the hindu
society
b) Leave the feudal
Rural Areas and move into the Towns, Cities and State Capitals to begin a
better and decent new life, far from
the oppressive feudal land lords of the rural areas
c) Secure
Constitutional Guarantees and Legal Protections from the State, to bind the
Governments of the day, to protect their dignity, civil liberties, and human
rights
d) Fight for their
due shares in Administration, the Governance of the Country, and also in the
benefits of National Development
Baba
Saheb’s long struggles had lead to the signing of the historic Poona Pact in
Yerawada Jail, between the hindu leaders like Madan Mohan Malaviya and the
Dalits. This Solemn Agreement, found its rightful place in the Government of
India Act 1935, and formed the firm bed rock of the Constitution of Independent
India, as the Nation turned itself into a Sovereign Democratic Republic in the
year 1950. It is on this Agreement that all the Civil Liberties, Human Rights,
Welfare Programmes, Directive Principles, Fundamental Rights etc have been
built, to ensure a justified Democratic Social Reconstruction of Free India. On
26th Jan 1950, everything right from Justice, Liberty, Equality and
Fraternity, heavens and utopia have been promised and assured to the Dalits.
Like a separate Sovereign Nation of Pakistan to Muslims who were not willing to
trust or live with the hindu society, Reservations as part of the Agreement
of the Poona Pact and as a Legal Guarantee to the Dalits, was part of the
Settlement by the People of this Country for Independence and Freedom from the
British Rule.
Freedom
and Independence have no meaning, if the Government is not Democratic, the
Society is not Egalitarian and the Economy is not Socialistic and Equitable.
Hence it has to be fine tuned, organized and built upon a lasting Socialistic
Pattern, ensuring Justice, Equality, Brotherhood, Liberty and Fraternity
amongst all Citizens. Because of Baba Saheb’s untiring and uncompromising long
struggles and honest hard work, even in the face of severe criticisms, trials
and oppositions, even in difficult hopeless turbulent trying times; and the
good sense that prevailed amongst the Founding Fathers of the Nation; all the
Noble Principles of Democracy and Good Governance find their place in the
Constitution, which the People of India drafted, adopted, enacted and had given
to themselves, soon after Independence from the Colonial Rule of the Imperial
British Government.
The
Preamble of the Constitution truly reflects the Soul Spirit Letter and
Directives of the Constitution. As it stands today, the Preamble of the Indian
Constitution proudly and boldly declares
WE
THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVERIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC, and to secure to all its
Citizens :
JUSTICE, Social,
Economic and Political ;
LIBERTY of thought,
expression, belief, faith and worship ;
EQUALITY of status
and of opportunity ;
and to promote among
them all
FRATERNITY assuring
the dignity of the individual and the unity and integrity of the Nation ;
IN OUR CONSTITUENT
ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION
One
need not assert or reiterate that everyone, every Authority, and every
Institution in the Country are the Creations, and or have or have to have the
sanction of the Constitution. All of them exist and derive their authority and
powers from the Constitution, either directly or indirectly, and have to
function as per the directions and within the limitations of the Constitutional
Provisions. No one and no Institution, is above the Constitution, can claim
exemption or rights over and above the Constitution, whatever be their motives,
even if they are inspired and goaded by very very good intentions, desires,
social compulsions, justifications or personal needs. One can only interpret,
clarify and throw light on the Constitution and various Constitutional
Provisions. The People can in the Parliament appropriately amend the Provisions
of the Constitution, to facilitate a better working of the Govt and the
Society. But none can replace or change altogether or alter the basic Character
of the Constitution and Constitutional Provisions.
The
whole World today knows that the hindu society still does not accept the
SC&ST Dalits as human beings, equal citizens, fellow brothers and sisters,
and continue to discriminate and deny justice to the SC&ST Dalits, by not
allowing the dues and proportionate shares and benefits of National Developments
to reach the SC&ST Dalits. Therefore, it is not surprising that all these
five long decades, the officials small and big, and other authorities right
from the village, tehsil, district, State Government to the Central Government
Offices and Ministries, nursery and primary Schools to Colleges, Universities
and other Institutions of Higher Learning, have been extremely subversive and
innovative in finding many ingenious ways and means to keep the SC&ST
Dalits away from the Centers and even Corridors of Power, Education, Learning,
Knowledge and Information. In fact, the Poona Pact of 1932, specifically
stipulates that proportionate share of the Funds for Education must reach the
SCs&STs. Even after about 70 years, this has not been ensured till date.
The
Proof of the Pudding is in eating it. Today, even though we had already
celebrated fifty years of the Nation’s Independence, we hardly have any
SC&ST Dalits as Secretaries to the Government of India, and as Chief
Secretaries to the State Governments. All through this half a century of our
existence as a Free Nation, we have never had any SC or ST as a Cabinet
Secretary to the Government of India, Chief Justice of India, Chief Army
Staff, Chief of the Navy, or Chief of the Air Force, not as Industry or Commerce
or Finance Minister, Chairman of the Planning Commission, or as the Prime
Minister of the Country. All those few senior and eminent SC/ST Leaders,
Bureaucrats, Judges etc have been carefully sidelined and frustrated at the
final moments of reckoning. This is India, its honesty and true face.
Similarly, this Country had not allowed any SC or ST as Chief Minister in the
States to rest in peace, and complete even a single tenure. And, this Nation
has the unique distinction of not allowing any SC&ST to go up as Chairman
or Member and even as Additional Member of the Railway Board. In fact, hardly
had anyone been allowed to reach the Grades of General Managers or Additional
General Managers in any of the Zonal Railways.
The
manipulations, frauds and dubious last minute changes and adjustments made by
the senior-most officials to block the ascendancy of even the most qualified
professionals, engineers and the other officials hailing from the SC&ST
Dalit Communities is too unbelievable to recount here. For similar reasons, the
Country had hardly seen any SC or ST Member of the Planning Commission, or
Chairman and Managing Director in any one of the hundreds of PSUs and Banks.
Even the best of politicians, retired Members of Parliament or former
bureaucrats, eminent engineers and the managers, or great scientists hailing
from the SC&ST Dalit Communities have hardly ever been appointed as CMDs or
Chairmen or Managing Directors of the Central or State Public Sector
Enterprises or Banks. If these are not discriminations and deprivals, or denial
of dues, and deliberate injustices, what else could anyone say? Have the top
bureaucrats, great jurists, learned pundits and ruling elites found any
respectable word or terminology to cover up and hide the continuing injustices
and marginalization of the SC&ST Dalits?
Taking
advantage of certain one sided Judicial Pronouncements of the Supreme Court,
some of which were unilaterally and unjustly made without even hearing either
the Government, or the concerned/ adversely affected SCs&STs; and certain
Judgments of the High Courts and Central Administrative Tribunals from certain
pockets of the Country based on some Technical Points, and selectively taking
shelter behind the flimsy argument that Supreme Court Decisions become the Laws
of the Land and are binding, to be implicitly followed or blindly carried out
by the Government without any modifications, few bureaucrats highly biased
against the SCs&STs have silently devised issued and are enforcing a series
of Office Memorandums, without even consulting or referring the same to the
Parliament, or any Parliamentary Committee on SCs&STs, or the Parliamentary
Forum of SCs&STs, and even the Constitutional Authority on SC&ST issues
- the National Commission for SCs&STs.
All
the anti-SC&ST OMs are basically biased and hurriedly issued, taking full
advantage of the then prevailing political instability and a weak Government at
the Center, and are fundamentally against the SCs&STs and their
Reservations to Posts and Services. They have been deliberately drafted to
specifically harm the interests, welfare, growth and career progression of the
SCs&STs, and are bad in Law. In principle, they go against many Provisions
of the Constitution, and are violative of the letter and spirit of the Nation’s
Commitments and Constitutional Guarantees to the SCs&STs. What is strange
and objectionable is the fact that, they have been issued silently by a bunch
of officials in the back of the Parliament, which is Supreme and is the
Repository, and in many ways Reflective of the Sovereignty of the People,
including the 260 million plus SC&ST Dalits. What is worse is the fact
that, while taking advantage and hiding behind the Courts, the handful of
bureaucrats have misled the Government of the day, have gone beyond their
brief, and did much more harm than what the Courts had pronounced. They had
stealthily chosen to remain silent and inactive, when another larger Bench of
the Supreme Court subsequently had pronounced a detailed and land-mark
Judgement in favour of SCs&STs, on the very issues covered by these OMs.
The
Government Officials, had shown extraordinary interest and more than ordinary
alertness is bringing out these OMs, without any honest or sincere
deliberations or consultations with competent and concerned legal social and
political experts, or the SC&ST Leaders and Representatives. As a result, these
OMs based on different SC Judgments are Mutually Contradictory with one another
in many respects, affecting any meaningful Implementation of Reservations
in favour of the SCs&STs, since the Judgments were often based on wrong
facts and inadequate data presented before the Courts, and wrong surmises by
both the Lawyers and Judges, who definitely were in a great hurry to hurt the
SCs&STs. An honest bureaucracy, should really have gone for Review of the
Judgments individually, or opted for an overall comprehensive and holistic
Review of all related Judgments, by an appropriate Constitution Bench of the
Supreme Court with adequate and proportionate representation of the affected
sections of the Society. Failure to do so appears to be deliberate,
intentional, and wantonly a dishonest act. Neither have they brought out any
brief, as to how and to what extent these OMs would affect the career progress,
growth and interests of the SC&ST Employees in Government Services and in
the Public Sectors; what their long term effects would be on the SC&ST
Employees, and on the 260 million plus SC&ST Dalits in the Country they
represent, in the Governance of this Socialistic Democratic Free Independent
Sovereign Nation; how they Reverse the Decisions of successive Governments
taken during the last five decades; how they violate the hard work and
Recommendations of many Parliamentary Committees on SCs&STs all these
years, and how they go against all the Will of the People as expressed by most
of the general and SC&ST Members of the Parliament in both Houses during
many of the Debates in the Parliament on the Welfare and Status of SCs&STs
in the Country during the later half of the Twentieth Century, and as the
Country is preparing itself to go into the Twenty first Century.
The
bureaucracy has not made any study, to see how these OMs go against many of the
specific Constitutional Provisions for the Welfare Development and Protection
of the SCs&STs and their Interests; how they are violating the National
Commitments and Assurances of all the Governments to the SCs&STs till date;
how they are in contradiction to the letter and contravene the spirit of
the Solemn Agreement entered into between the caste hindus and SC&ST
Dalits, and signed as the Poona Pact at Yerawada, and especially when the
Constitution had been specifically amended to incorporate Article sub-Clause 16
(4-A) vide the Constitutional Amendment Act No.77 in 1995, specially setting
aside the Mandal Case Judgment at least as far as it deals with the
SCs&STs, without even hearing them.
SPECIFIC
COMMENTS ON THE INDIVIDUAL OMs ISSUED BY DOP&T
1. OM No 20011/1/96-
Estt(D) dated 30th January 1997
This
OM stipulates that the Seniority of SCs&STs promoted earlier vis-a vis
General Candidates promoted later will be fixed below the general candidates as
per their inter-se-seniority determined at the time of their entry into
service.
This
means that the SCs&STs promoted earlier, on grounds of Reservations and
availability of Reserved Vacancies in the higher grades/levels, as per the turn
of General and Reserved Posts identifiable with the help of the Rosters, will
be placed in seniority below those general candidates promoted later to the
General Posts. This, in spite of the fact that the General Posts occurred later
than the Reserved Posts in the Scheme of making appointments through promotions
at the higher levels, and hence the General Candidates never had any posts to
which they could claim promotions or seniority earlier than the SCs&STs; or
that the Reserved Vacancies against which the SCs&STs have been promoted
earlier than their fellow general community colleagues have been lying vacant
for quite some time as Carried Forward Reserved Vacancies, or had been occupied
illegally and or unfairly by other general candidates, reportedly on grounds of
want of suitable SC&ST Candidates. Hence, to deny the SCs&STs both
their Services and Seniorities in the higher posts/ grades/ levels meant for
them, and to which they were rightly promoted earlier and have been working on
those higher posts/grades/levels continuously, discharging all the duties
associated with the posts/ grades/ levels in full, from the date of their
Appointments on Promotions to the posts/ grades/ levels is very very wrong. It
is an extremely unfair, unjust and unreasonable proposition. It appears to have
been made just to spite, denigrate and humiliate both the individual SCs or STs
concerned, who got their promotions earlier. By this not only the affected
individual SCs&STs are denied their rightful places and dues, but the whole
SC&ST Communities are being denied their dues and proper shares in the
administration at higher levels. One should remember here that, the SCs&STs
are seen to get earlier or accelerated Promotions to the higher grades, only
because of –
Unfilled
Reserved Vacancies in the higher grades/levels lying vacant for long time on
one ground or the other, but mostly due to the unwillingness and prejudices /
biases of the higher Officials to promote SCs&STs.
The
Reserved Vacancies both in the lower / feeder grades and higher grades, being
unfairly occupied for long by the general candidates at the cost and in place
of the SCs&STs.
The
seniority of SCs&STs in the lower grades itself has been fixed by the
administration at the very bottom levels, than what it should have been to
ensure their dues, proportionate shares and participation in the Posts,
Services and Administration, as reflected in the Rosters.
The
Recruitments and Promotions of general candidates and SCs&STs have not been
made regularly, in their proper turn side by side and in a phased manner,
without grouping together either general candidates at the top and SCs&STs
at the bottom, as invariably it happens these days.
SCs&STs
are not regularly recruited in time, and are not appointed as far as possible
by the administration and individual general community authorities/ recruiting
officials, in proportion to their population in the society as per the Roster,
and according to the their turn in the Roster Points, to get their due
Seniority in Service right from the lowest grade onwards.
General
candidates are invariably favoured both in Recruitments and Promotions that
they get higher senioritis much above and at the cost, and in place of the
SCs&STs in every grade and service.
General
candidates are preferred in Recruitments and Promotions that they get appointed
first before the SCs&STs, and most of the times even in the Posts and
Places Reserved for SCs&STs.
SCs&STs
are generally not recruited and promoted in normal course, even after 50 years
of Independence, except under the compulsions of Reservations against the
Reserved Points in the Rosters, for fear of criticisms by the SC&ST Associations/
Unions/ Leaders/ MPs/ the Parliamentary Committee on SCs&STs, and the
Parliament.
SCs&STs
recruited and promoted even against Reserved Posts and Vacancies occurring as
per the Roster and Roster Points, are not appointed on their Recruitments and
Promotions, even as per their turn and place in the Roster Points, but always
only at the end so as to deprive them of their Seniority and Promotions to
higher levels.
SCs&STs
recruited and promoted at any time are invariably appointed only after the recruitments
and promotions of all general candidates, thus deliberately placing them every
time at the bottom of the seniority.
Recruiting
Authorities/ Officials invariably rate the SCs&STs much lower than their
due, because of the traditional inborn ingrained unconscious biases and
prejudices, that the SCs&STs are always placed at the bottom of any select
list/ panel.
The
aptitudes, approaches, values, principles, philosophies, decisions and
reactions of the Recruiting Authorities/ Senior Officials are always in
contradiction and variance with the SC&ST Candidates, that the SCs&STs
loose out in the assessments evaluations and marks, even when they are right
The
combinations of all or many of these factors based on prevailing all round
biases and prejudices in the Society, in the Government, amongst the Officials,
and amongst the recruiting promoting and appointing authorities, result in the
lower seniority of the SCs&STs. Therefore, when a Vacancy Reserved for
SC/ST arises at a higher level, and suitable SC or ST in the feeder post has to
be promoted, SCs&STs are generally not found within the Zone of
Consideration. It is only for this purpose, the SCs&STs have been
specifically placed in lower positions in the seniority, right at the time of the
initial appointments. Under such a scenario, the others were taking the
promotions reserved for the SCs&STs. It is to stop this situation, Govt has
been compelled/ asked to fill all Reserved Promotion Vaccancies with suitable
SCs&STs working in the Office/Service. Therefore it has become necessary to
search for the SC&ST Employees working in the Office, and promote them.
Therefore, the SCs&STs deliberately placed at the bottom of the seniority,
have to be pulled up from below, and promoted to the higher post/ grade/ level,
to fill the Reserved Promotion Post. Whenever it becomes necessary to make such
a promotion, even though the Promotion is against a Reserved Vacancy, it
appears that the SC/ST got a quicker or faster promotion. No one ever bothers
to see that the SC/ST has been Promoted, only against a Post Reserved for the
SC/ST, and as per the Roster at the relevant Roster Point, which used to be
till now, reasonable and proportionate, with no apparent bias either against
any of the SCs&STs or general candidates.
The
SCs&STs are only demanding, and do get only some of the Posts and the
Places Reserved for them. Thus, they claim and get a little bit of the just
dues and shares of the SC/ST Communities, wherever Reservations in Promotions
to the higher levels are allowed. This in reality, is the fact and truth, of
the apparent much denigrated and complained off earlier promotions of
SCs&STs. In fact, SCs&STs are invariably promoted late and in the last.
They are promoted only when it becomes inescapable, and the Promotions have to
be effected due to Reserved Vacancies occurring and or accumulating, as a
result of the Roster Points. Otherwise, generally they are neither considered
nor promoted. Hence, the apparent jumping of seniority by the SCs&STs,
deliberately placed lower in the seniority right from day one of their entry
into service, is only a corrective measure. This is done, only to remedy the
continuing injustices against them, both in the Society at large, and within
the Government. Even then, the general candidates, cry wolf, as if they have
lost their jobs or dues or shares. But the general community employees, don’t
want or like to yield any ground, or give back what they have taken from the
SCs&STs. This is what hurts them! And the general community employees,
don’t yet want to give the SCs&STs, their dues and shares. This is what
pains them most! And hence, they oppose and resent this very strongly, even
now. This is what causes the heart-burning in them! This exactly is the basis
of their hue and cry! It is because of these facts, that often times the
general candidates invariably attack the Rosters, always tamper with the
Rosters, and want to set aside, scrap and do away with the Rosters.
Further,
it needs to be emphasised to ensure a clear understanding all around, that Reservations
are not relaxations or concessions, or compensations or gratis or gifts, or
help to any individual SC/ST, but are the dues of the SC&ST Communities.
They are the necessary measures to ensure their share in the Administration. No
general community employee, has to give anything, part with any share, or loose
any due. What they have to give to the SCs&STs, or part with, are the
shares and dues of the SCs&STs, which they have been hitherto and are still
appropriating, and are trying to appropriate in future also for their own
carrer growths and personal benefits and also for the sake of their children
and communities. What they will have to loose is the right or the opportunities
to grab the jobs of the SC&ST Communities. The immediate benefit
of Reservations may reach an individual, but must reach them, to reach through
such individuals the whole SC&ST Communities in the Society. Hence, the
need to appoint and place the SCs&STs as per the Roster Points, step by
step in-between general candidates, and gradually through Appointments by way
of Reserved Recruitments initially, and Reserved Promotions subsequently,
against the Reserved Posts identified through the Rosters as per Roster Points.
Only this they would help them to get on to the main stream, and reach the
higher levels in future, along with the others. Hence, the apparent earlier
Promotions of SCs&STs, against Reserved Posts, are not to be seen as
aberrations/ exceptions/ temporary adjustments/ concessions to individual
SCs&STs by the administration. Hence, these can not be undone or be
withdrawn on anybody’s claim or demand, or readjusted at a later date at the
will of the administration or the officials or the Govt or the Courts.
The
general community employees who were placed senior to the SCs&STs in the
lower grades, if promoted at later date, have no right or claim or logic or
rationale to seek an higher seniority, or claim back the old seniority. They
have no right to seek for the reversion of the old seniority at the lower
level, and ask for the restoration of the seniority they managed to get at the
time of their initial appointment at the lower level. No civilised person
can say a thief has to be given back the stolen property recovered from
him/her. In fact, the general community employees should be removed from
service and asked to vacate the reserved posts they have been occupying, the
moment any SC/ST is recruited and appointed at the lower level, or at least their
services till then should be set aside and not counted for the purposes of
seniority or any other benefits. A fresh seniority should be redrawn right
at the lower level as and when any SC/ST is recruited and appointed.
The
reality is that in the first place, the general candidates should neither
have been selected and nor appointed at the lower levels in the place of
SCs&STs, to give them undue benefit of the jobs and other advantages in
life, and thereafter appoint the SCs&STs to unfairly make them juniors.
Similarly, the general community employees should not have been further
promoted and appointed at the higher levels as seniors to the SCs&STs,
against any of the posts and vacancies meant for the SCs/STs, as was their turn
as reflected in the Rosters. These failures or deliberate manipulations,
right from the initial stages at the lower levels/grades itself, are nothing
but deliberate and wanton deprivals of the SCs&STs of their jobs,
appointments, salaries, livelihood, as well as the shares of the SCs&STs.
In their place, the general candidates are getting benefitted with an early
selection, appointment, head-start in life, and service seniority. This is a
very very unfair and unjust benefit and favouritism extended to the general
candidates, at the cost of both the individual SC&ST Employees and also the
whole SC&ST Communities. Hence, the general candidates are not only
getting unduly benefited, but have for long been unfairly enjoying the shares,
jobs and wages of the SCs&STs.
The
general communities are always depriving, and are taking away the jobs,
salaries, shares and timely participation of the SCs&STs in the
administration and decision making processes in the Government and Governance
of the Nation. These mistakes, rather deliberate biases against the SCs&STs
and favours to the general candidates at the cost of SCs&STs, have been
sought to be corrected at least at a later date, at the time of promotions to
the higher levels. These promotions, rightly, should never be behind the
general candidates stealthily occupying the SC&ST vacancies/ posts and
positions at the Reserved Roster Points. Hence, the promotions at least have to
be made as per the roster points. These small small corrections through step by
step promotions of SCs&STs to the higher grades and levels as per the
Roster Points, by-passing the general candidates wrongly occupying the senior
positions of SCs&STs, is an absolute necessity. This, therefore, should
never be seen as earlier or accelerated promotions of the SCs&STs, or level
jumping, or leap frogging by the SCs&STs. The SCs&STs, in no way, are
violating the seniority or promotional rights, or chances of the general
candidates unfairly occupying the SC&ST Posts, or are causing heart-burns
to the general candidates, or are causing dissentions within the services. If
our aim in life is to avoid dissentions and unhappiness to anyone, then, we
should not have any Courts and Jails, nor anyone should be penalised or sent to
jails or reformatives.
It
needs to be understood here that, if the SCs&STs have all along been
proportionately recruited and promoted in time, there would never be any need
to promote any SCs&STs earlier. For, the Roster Points in the higher grades
also would conform almost to the recruitment, promotions and appointments, and
hence the seniority in the lower feeder grades of service. Then, the apparent
early promotions of the SCs&STs, and the need to supercede or bypass the
general candidates occupying SC&ST places would never occur. It is only
because the general candidates have often been recruited, appointed and promoted
earlier out of their turn, more than their shares and dues, and in the places
of SCs&STs as identifiable by the Roster at the respective Roster
Points, and allowed unfairly to enjoy the shares and benefits due to the
SCs&STs as a whole, corrective measures become necessary at least at a
later date in the services, at the time of promotions to higher grades/levels, by
way of the apparently earlier promotions of SCs&STs against the Reserved
Posts as identified by the Reserved Points in the Roster. Therefore, any
attempt to downgrade the seniority of SCs&STs at a further later point
amounts to deliberate and perpetually snatching of the shares and dues of
SCs&STs to deprive them, and unduly benefit the general candidates to
continue to enjoy unfairly for ever in the future also, what they had
stealthily robbed and taken away from the SCs&STs earlier. The naked
truth is that the cribbing general candidates should not have been recruited
and promoted in the first place and appointed even in the lower grades, in the
places Reserved for the SCs&STs.
Further,
this OM had been issued as a consequence of the Supreme Court Judgment in the
case of Union of India vs Virpal Singh Chauhan etc dated 10.10.1995 (7) SC 231,
which to a large extent relied on the Allahabad High Court Judgements in JC
Mallick vs UOI , 1972; MP Dwivedi vs UOI 1983; and MP High Court
Judgment in GC Jain vs DRM, Central Railway 1986, and the facts placed before
the learned Judges of the Supreme Court. It is relevant to record here that now
it has come to our knowledge that the SC Judgement has been pronounced on
materially wrong facts, and also the false interpretation of the existing rules
and provisions. The lawyers on either side of the case, and others have
erred, and had submitted or accepted mistaken facts and conclusions about the
existing rules, practices and facts concerning various types of promotions in
service, and information as regards to what is meant by or what constitutes a
Panel in the case of Promotions by Selection and Merit, and Promotions on the
basis of Seniority and Fitness. The highest Court of the land had failed to
seek and look for the facts, and recognise the fact that a Panel has to be
always drawn in the case of each and every promotion by the Screening Committee
/ Selection Officer / DPC, irrespective of the fact whether the Promotion is on
the basis of Fitness or Merit. Hence, this OM has to be cancelled and
withdrawn at the earliest.
2. OM No.36012/2/96-Estt (Res) dated 2nd July1997
This
OM stipulates that,
Vacancy
based Rosters be replaced by Post based Rosters, equal to the number of Posts
in the cadre/grade/office,Separate Rosters for Direct Recruitments and
Departmental Promotions to the Posts be prepared and maintained, equal to the
number of Posts to be filled by Direct Recruitment, and another for the
Departmental Promotions,All existing Rosters to be replaced, to give effect to
these from the date of issue of the OM, Existing SCs&STs recruited and
promoted against Reserved Posts, (other than those recruited and promoted by
merit /by their turn as if they were general candidates) be adjusted against
the new roster points, Excess appointments be adjusted against future
recruitments or promotions as the case may be, The new Model Roster (which has
a peculiar and strange new format) developed by DOPT be adopted.
This
OM has been issued consequent upon the Judgment of the Supreme Court in RK
Sabharwal vs State of Punjab 1995, and the Judgment of the Allahabad High Court
in JC Mallick vs Ministry of Railways 1972.
It
should be noted here that the general candidates and officials have always been
against SCs&STs, their recruitments, appointments, postings, recognition of
their work/contributions and achievements, or writing of good annual
confidential / performance reports, giving good gradings in the reports, and
redressal of any of their grievances, however small, genuine and serious they
may be. Hence, they have always been evasive, dilly-dallying and delaying cases
concerning SCs&STs welfare, while being extra quick in decisions harmful,
going against and affecting the interests, welfare, growth, promotions and
career prospects of the SCs&STs. Thus, the officials have always been
delaying, deferring and postponing the recruitments, appointments and promotions
of SCs&STs. It is because of these, Rosters were specifically introduced to
pinpoint and fix the Reserved Vacancies as and when any Post fell vacant. In
spite of this, there have been innumerable lapses on the part of the
authorities, and thus the Representation of SCs&STs have been far too less
in every Grade and Posts in any Office or Service. Even those few have been
placed at the bottom of the Cadre/Grade/Seniority List. The only exceptions are
the Grades and Posts beyond which Reservations are not made available by the
Departments and the Government for promotions to higher levels. As a result,
the SCs&STs who have somehow or the other reached the grade through
Reservations in Promotions, in spite of the unwillingness and non-cooperation
of the authorities and the Departments, are forced to stagnate in the grade at
the same level, while others from the general category who have been appointed
and promoted to the grade later than the SCs&STs get promoted to the higher
levels, leaving the SCs&STs to stagnate even though they are and have
become the senior most in service in that grade/ post.
The
Rosters play a very very important and crucial role in identifying and filling
up the Reserved Posts, and also in many ways tie down the unwilling and uncooperative
authorities and the Departments. It is only for this reason that the general
candidates, employees, unions and authorities have always been against the
Rosters, their maintenance and operation. This had been so in every agitation
and court case so far. They would feign naivete and argue that they are not
against SCs&STs, nor against the selections, appointments, promotions,
growth and welfare of the SCs&STs, but only have objections to the Rosters,
as if the Rosters are something different or are much more than the
Reservations, And at the slightest opportunity, they have all along been trying
to damage undo and set aside the Rosters.
The
present OM, apart from the merits of the same or the issues decided by the
Court, is a clever and cunning attempt by some bureaucrats to silently harm the
SCs&STs, and subvert the entire process of Reservations and the
Philosophies behind the Reservations. While the Court had upheld the
Reservations and Rosters for Promotions, it had ruled that Reservations should
apply to Posts and not Vacancies, and hence the vacancy based Roster be
operated in a Cadre, only till such time as the Representations of the Reserved
candidates in the Cadre reaches the prescribed percentages of Reservations.
The
decision of the Court may be welcomed in the way that they had clearly and
permanently forced the Government and authorities to identify specifically the
Posts in each and every Level/Grade of all Cadres and Services/Posts, as
Reserved for the SCs&STs and corresponding to the prescribed percentages of
Reservations, which is the same as their percentages of population, and hence
their rightful share and due. Any rational individual would have expected
the Government to immediately take up a quick exercise –
To
quickly recruit, appointment and promote SCs&STs and OBCs in every Grade/
Level in all Cadres and Service/ Posts, to achieve the prescribed percentages
in Service,
To
simultaneously take up another exercise for identifying the Reserved Posts as
per the Rosters, and fill them up expeditiously with SCs&STs and OBCs, or
interchange them appropriately amongst the SCs&STs and OBCs as may be
permissible
The
Government should thereafter have declared each and every Grade/Level in every
Cadre in every Department and Office, as having achieved the prescribed levels
of Reservations for the SCs&STs and OBCs, whenever the levels or the
percentages of Reservations have been reached, and then make the Rosters in
that Grade/Level Post based. But there was no provocation whatsoever, for the
Govt to introduce an altogether new Roster. The Judgment under reference had
not asked for any new Roster. Only the present practice of operating the
Rosters on a continuous running basis have to be discontinued after filling all
the Roster Points, and then the same Rosters have to be operated to the extent
of the number of the Posts in each Grade/Level in every Cadre and Service/Post,
as Post based Rosters to fill the Posts as they fall vacant with SC or ST or
OBC or Generals Candidate as the case may be. What had been done on the sly by
the bureaucrats is to bring in extraneous considerations to achieve their
secret and private objectives to benefit their own general communities at the
cost of SCs&STs and OBCs, hurt the reserved communities, reduce and further
delay the recruitments and promotions, and accordingly differ the appointments
of SCs&STs as far as possible, and keep down their percentages lower than
the present levels.
The
Rosters introduced had always sought to ensure the proportionate
Representations of SCs&STs at the time of Recruitments and Promotions. When
Reservations in Recruitment for OBCs were introduced, a revised Roster was
brought in to accommodate the claims of OBCs along with the SCs&STs. By
that, the Reservations for SCs&STs and OBCs were always ensured in every
stage of the recruitment. But, the new Roster silently being imposed in the
guise of compulsions of the Supreme Court Judgement, is trying to give undue
advantages and higher representations to the general candidates by giving them
many times more representations than what is their due and share, by delaying
the Recruitments and Promotions of the SCs&STs till the last inevitable
date, and similarly delay the recruitment of the OBCs. Now, the SCs&STs and
OBCs are being deliberately pushed back, and purposely kept far below in
seniority vis a vis the general candidates. This is nothing less than a
treacherous cheating and a very deliberate fraud being played on the
SCs&STs and OBCs.
The
Principle of the Government at the time of appointments by way of Recruitments
and Promotions all along have been that the SCs&STs must at least get their
assured percentages of Representations. That is the requisite minimum, and not
the maximum or ceiling on their Representations. Even, if one puts the unreasonable
cap of 50% on Reservations, which in any case does not have any Legal or
Constitutional mandate, however moralistic one may try to argue, it does not
give any undue right for the other general candidates to capture and take for
themselves more than 50% of the Posts, even though they are only 25.5% as SCs
are 15%, STs are 7.5% and OBCs are 52%, by grabbing any part of the agreed
Reservations and 50% Reserved Posts.
In
view of the above, this OM has to be rectified, and the New Rosters that are
being foisted upon the SCs&STs and OBCs be scrapped immediately. There
should also not be any question of excess posts or adjusting any of the
so-called excess appointments of SCs&STs against future appointments by
Retirements or Promotions. Hence, the old Rosters should be brought back/
reintroduced and operated.
3. OM No.36012/23/96-Estt(Per) dated 22nd July1997
This
OM has been reportedly brought out in sequel to the Supreme Court’s Judgment in
Indira Sawhaney vs UOI 1992 (Mandal Case Judgment). This OM stipulates that all
Government instructions providing for lower qualifying marks and lesser
standards of evaluation of SCs&STs in services at the time of their
selections and promotions are withdrawn; in future there shall be no separate
standards of evaluation of SCs&STs for promotions; and all candidates for
promotions including SCs&STs in future will be assessed on the same uniform
standards.
Reservation
in Services and Posts particularly at the time of recruitments, appointments
have become a necessity, since the Government and officials therein are
basically prejudiced and biased against the SCs&STs. This is specifically
pronounced and obvious, at the time of their selections, appointments and
postings. The SCs&STs, do not also get proper justice when it comes to
recognition of their services and contributions, performances and achievements;
at the time of writing their performance appraisals, confidential
reports/gradings, and promotions, particularly to the higher levels of Service.
Hence, the then Commissioner for SCs&STs, Parliamentary Committees on
SCs&STs, and various other concerned leaders had been demanding a better
treatment, and for the protection and safeguarding of the interests of the
SCs&STs in Services. Thus, various Reservations, Concessions and rules in
this regard have been slowly and in fact, grudgingly made and evolved in a step
by step manner. These Reservations and Concessions to SCs&STs are not to
lower the standards of Service, but to specifically overcome the prevailing and
continuing animosities of the Officials against the SCs&STs, and protect
the SCs&STs from the biases and prejudices of others, and also overcome the
Social Handicaps. In spite of the Reservations and Concessions to SCs&STs
in appointments by recruitments and promotions, their representations in most
of the services and grades even after 50 years of Independence have not yet
reached the guaranteed minimum percentages of representations, which is only in
proportion to their population in the society, and hence not by any measure of
imagination is more than their dues and shares. If Reservations and Concessions
in the standards etc have not been provided, their representations would have
been far far below. The withdrawal of the Concessions in qualifying marks and standards
aims to achieve the same. The objective of the bureaucrats is clearly to reduce
the Representations of SCs&STs in Services, even while appearing to provide
for Reservations.
One
should here note that the standards prescribed for SCs&STs entry into
Services and Promotions have always been never below the minimum required for
the job, even though they may be lower than what the officials may like to
prescribe or feel to cut-off competitions. The minimum required qualifications
have never been downgraded or diluted. The Concessions in favour of SCs&STs
allow and enjoin upon the authorities to lower the qualifications for the
SCs&STs up to the minimum or basic requirements of qualifications
appropriate for the job, so that adequate number of SCs&STs could at least
then be recruited or promoted for appointments to various jobs, including the
Reserved Vacancies.
WHAT CONCESSIONS HAVE BEEN EXTENDED TILL
NOW TO THE SCS&STS, AND REASONS FOR THE SAME ARE -
a) Relaxation in Age
Reasons
: SCs&STs in general begin their education and life much later than general
candidates, due to the variations in their social, financial, regional and
rural backgrounds, family conditions and also the cultural differences
vis-à-vis the rest. Further, the Society, Government and administration, still
harbours, nurses and continue to practice historic prejudices and biases
against the SCs&STs. Hence, often times the SCs&STs are not being
recruited in time into the Services. Thus, at the time of Recruitments, the SC&ST
candidates are often found to be in the higher age groups. Hence, it became a
necessity to relax the Age in the case of SCs&STs so as to find adequate
number of them for making the necessary recruitments and promotions.
b) Relaxation in the higher percentage
of Marks etc
Reasons
: Higher percentage of marks are fixed over and above the
basic qualifications required for the job and service, so as to cut-off and
reduce the total number of applicants, avoid full and wider/larger
competitions, and facilitate an easy way of recruitments and or selections by
the authorities. This affects the chances of recruitment and or selection of
SCs&STs, even to fill posts Reserved for them, even though SC&ST
candidates with the requisite Certificates, Diplomas or Degrees are available.
Hence, the need to relax the standard of Marks, specifically fixed higher or
deliberately hiked up by the officials for their own reasons.
c) Relaxation in Experience
Reasons
: SCs&STs do not get adequate chances, opportunities and exposures to get
any or the requisite experience. Thus, they are never selected, promoted and
appointed in time, even though they are otherwise qualified, educated and
trained. Hence, the need to provide for relaxations in the experiences in the
case of SCs&STs. Here, it should be noted that most of the general
community officials and bureaucrats, have till recently reached their top
positions, without putting in the requisite total years of service, now being
sought to be prescribed for recruitments and promotions to various Posts in
different Cadres and Grades. These are now being stipulated, slowly, and step
by step only to block others, particularly the SCs&STs from going up. It is
also pertinent to note that once an individual had been working in any
office/department, promotions to the next higher level/grade does not bring
about much changes in the nature of the job, and in fact the job load and
quantum of work drastically comes down, and therefore, it does not make much of
a change or difference if a SC or ST is now promoted a little earlier than the
others, after putting in some years of service in the grade. Otherwise, one may
never find adequate number of SCs&STs for selections, appointments and
promotions to most of the higher levels of Service or senior Posts, given the
still prevailing and continuing biases and prejudices against the SCs&STs,
and the growing jealousy and intolerances against their growth, progress and
development. Hence, the need to relax the years of Experience had become a
necessity.
d) Relaxation in Grade/Bench Mark in the
Performance Appraisals and Confidential Reports
Reasons
: SCs&STs, in spite of their good work, are never appreciated or given due
credit, nor do they get good Reports or higher Grades. Hence, it is absolutely
necessary to overcome and undo the deliberate downgrading of the Reports and
Performance Appraisals of the SCs&STs by their superiors. In the interest
of justice and fair play, a way out has to be found, since average Reports and
lower Grades are generally given to SCs&STs deliberately just to deny and
delay or stop their promotions, and appointments and postings to the higher
levels. Otherwise, deliberate injustices against SCs&STs will continue
unquestioned and unchecked. Hence, the need to Relax the Grade/Bench Mark etc became
a necessity.
With
these relaxations also, the SCs&STs are still discriminated against; and
are often denied recruitments, especially to many good services/ jobs/ posts/
grades and levels, and if somehow recruited are denied promotions and appointments
in time to the next higher levels/ grades/ posts/ jobs and services. How else
can one explain the fact that SCs&STs have still not reached higher levels
of services in Railways, Central Sectt and in most of the Departments,
particularly in other Group A (Class I) Services? Without relaxations in
promotions, the representations of the SCs&STs would immediately fall,
still further below in the years to come. When others are against SCs&STs,
and are determined to harm the interests, development, promotions, and
representations of SCs&STs, Reservation, Concessions and Relaxations are
the only means to ensure their Representations in Services to the minimum
assured levels.
This
OM therefore goes clearly against SC&ST Promotions. What concerns the
SC&ST Communities as a whole always is not the question as to whether any
individual SC or ST gets promotion or not, but to ensure that the SCs&STs
as a Community have their due shares and Representations in every sphere and
level, particularly at the higher decision making levels. That is the crux of
the problem. Therefore, the question before us is not one of promotion of any
single individual SC or ST at present, but the future Representations of the
whole SC&ST Community, and what will be the participation of the SC&ST
Community as a whole in the Government in future. If the Promotions of
SCs&STs are not ensured even now, the authorities would ensure that the
SCs&STs do not get any of their shares in future at the higher
administrative, executive, managerial, decision and policy making levels. This
is what they had been doing all these fifty years of the Country’s existence as
a Free Nation, with a Republican Government. This OM, by withdrawing the
Concessions to SCs&STs aims to make things worse for the SC&ST Community
in general and SC&ST employees in particular. It aims to deny in practice
promotions of SCs&STs, while as a Policy and on Paper agreeing to provide
for Reservations in Promotions. Hence, this OM must be withdrawn at the
earliest.
4. OM No.36012/18/95-Estt(Per) Pt II dtd 13th August
1997:
This OM states that Reservations in
Promotions of SCs&STs shall continue,
As
at present, beyond 15.11.1997,
Till
such time as the Representations of SCs&STs reaches the prescribed
percentages of Reservations, where after Reservations in Promotions shall
continue to maintain the Representations to the extent of the prescribed
percentages for the SCs or for the STs
This
OM has also been reportedly brought out in sequel to the Supreme Court’s
Judgment in Indira Sawhney vs UOI 1992, and in its wake the Constitution 77th
Amendment Act 1995, incorporating Article 16(4A) in the Constitution. This
Article enables the State to provide for Reservation in matters of
Promotion, in favour of the SCs&STs, to Posts which in the opinion of the
State, the SCs&STs are not adequately represented in the Service under the
State.
The
relevance and importance of this Article becomes clear when it is seen that
even after 50 years of Independence, there have been no Additional Member in the
Railway Board, General Manager in any of the Zonal Railways, Member in the
Railway Board, Chairman of the Railway Board, Member or Chairman of the Central
Board of Revenue, Managing Director or Chairman of the Nationalized Banks and
Public Sector Enterprises. This reflects the continuing discriminations against
them. When Article 16(4A) provides for Reservations in Promotions,
particularly, where the SCs&STs are not adequately represented, it is the
bounden duty of the Government at least now, when we have already completed
fifty years as an Independent Nation and are at the fag end of the 20th
Century, to specifically provide for Reservations in Promotions to make all
Government Authorities and officials abide by and conform to the Letter and
Spirit of the Constitution. Hence, to say that Reservations in Promotions shall
continue beyond 15.11.1997 as at present is meaningless. For, at the present
Reservations are confined only to Group D (Class IV), Group C (Class III),
Group B (Class II), lower rungs of Group A (Class I), and within Group A to the
Posts filled by Direct Recruitments and to the Non-Selection Posts filled by
Promotions based on seniority and fitness. Thus, higher level Posts are clearly
kept out of the scope of Reservations by this OM, whereas no such restriction
is there or has been meant by the Constitution Art 16 (4A). The bureaucrats are
cleverly denying the SCs&STs what has been provided for by the Parliament,
the specific Constitutional Amendment, and the Constitution. This is neither correct
nor fair. Hence, this OM has to be withdrawn, and suitably amended at the
earliest, providing for Reservations in Promotions to all Posts, Cadres and
Services in every Grade and Level.
5. OM
No.36012/5/97-Estt.(Pers) dated 29th August 1997:
This
OM stipulates that,
Reservations
in any particular year be limited to 50% of the vacancies to be filled in that
year, It is not possible to treat
current and backlog vacancies on separate footing
Both
the current and carried forward vacancies are to be taken together to limit the
Reserved Vacancies to 50% of the total vacancies,
Timely
filling up of Reserved Posts should be ensured, and accumulations of backlog is
to be avoided,
Second
attempt to be made in the same year to recruit Reserved Candidates against
Reserved Posts, if the first attempt fails, Instructions to fill Reserved Posts
be complied with,
All
out efforts be made to fill Reserved Posts in the same year to minimize
backlog.
This
OM is also said to be a result of the Supreme Court’s Judgment in Indira
Sawhney vs UOI 1992. This Judgment, popularly known as the Mandal Judgment was
to decide the validity of Government’s Orders providing for Reservations to
OBCs in the matter of their Recruitments to Government Services. This case had
nothing to do with the Reservations for SCs&STs. Nor was SC&ST
Reservations agitated before the Supreme Court, or argued either by those
against Reservations or by the Government, or defended by the SCs&STs, or
their service or welfare and social organizations. Hence any reference to the
SCs&STs or their Reservations in Services by the Supreme Court, and their
Judgment pertaining to any aspect of Reservations to the SCs&STs deserved
to be neglected and left to rest as an irrelevant and uncalled for interference
or observation. For, the Judges however big, however noble, or holding whatever
position have no right to pronounce any of their opinions views or sit in
Judgment on anyone or any issue affecting those who have not come or are not
before them, and whose case they have not heard at all. They are not Gods, not
are their views sacred or binding. Such a practice if allowed, is too Dangerous
to any Country, in fact would strike the death-knell to Democracy itself. But
for reasons not known, while this had been rightly the line of thinking and
action by the Government in various other cases, the Government and bureaucracy
behind it, had been using this Judgment as an excuse to harm the interests of
SCs&STs and their Reservations in Services. This OM is one such case
example.
The
provocation for the issue of this OM is that while the Court had accepted the
principle of Carry Forward of unfilled Reserved Vacancies as Backlog for
subsequent three recruitment years, it had stated that the Reservations in
whatever manner operated should not result in the breach of the 50% Rule. This
has been interpreted by the bureaucrats of DOP&T to mean that the 50% limit
should include both the current and carry forward vacancies. They have no
business or authority to do this, nor is there any Constitutional or Legal
backing or any Rule limiting Reservations to 50% Even if that limit is to be
imposed, it should be applied separately for the vacancies of each recruitment
year as they occurred, and not to the actual number of posts filled in a year.
Otherwise, this would lead to lots of manipulations by various petty clerks and
officials in the Administrative and Establishment Sections of the Govt Offices,
in filling the vacancies, particularly in the case of the Reserved Posts. In any
case, the Backlog and Carry Forward Reserved Vacancies, either
unfilled or taken over by general candidates on the ground that SC/ST
candidates are not available, should not be clubbed with Fresh Vacancies
to further deny the SCs&STs the Reserved Vacancies meant for them, and
hence should always go to the SCs&STs only. The limit if it all it is
to be applied, should apply only to the vacancies occurring in a Recruitment
Year, and each such block or batch of such vacancies should treated separately
as vacancies of that year or block of years, and should not be allowed to be
mixed with the vacancies of the next recruitment year or block of years, unless
the intention is to deliberately block the selection/recruitment, promotion and
appointment of SCs&STs, or for that matter the OBCs.
Again,
an attempt has also been made in this OM to club together the horizontal social
Reservations for SCs&STs and OBCs with the vertical Reservations meant for
the handicapped, ex-servicemen etc, available and open for all social
categories and groups including the SCs&STs and OBCs and general
communities. This is also wrong, and needs to be separated. Otherwise, the
total of Reservations will always tend to go beyond 50%, and this will be used
as an excuse or ploy to deny the SCs&STs and also the OBCs their legitimate
shares and dues, while allowing the vertical Reservations for women,
ex-servicemen, handicapped etc, which will always be taken by the general
communities.
It
should be noted here that this OM had gone beyond its scope, and contents of
the Judgment. It has been deliberately titled as Discontinuation of Special
Recruitment Drives. In fact, the Special Recruitment Drives derive their
sanctity from the Constitutional Guarantees of providing the SCs&STs their
due shares in Services and Posts, and in upholding the Claims of SCs&STs
for Recruitments etc in Services, whereas the concept of 50% Reservation Limit
has neither any Constitutional or Legal backing, whatever may be the merits and
arguments in its favour. Hence, some views and certain arguments of a few
should not be allowed to suppress, rule over and neutralize Constitutional and
specific provisions of the Reservation Rules, and set aside the claims of 250
million plus SCs&STs. Even otherwise, the officials of DOP&T have
gone beyond their brief, and had shown extraordinary interests to Block the
Career Development of SCs&STs.
In
view of the above,
The OM should be
rejected immediately,
Carry Forward
Vacancies should never be clubbed with Current Vacancies,
Special Recruitment
Drives should not be discontinued, and be launched again as may be necessary
from time to time, to achieve the promised minimum Representations of
SCs&STs and OBCs in different grades/levels in various Posts, Cadres and
Services.
6. OM No 36011/1/98-Estt(Res) dated 1st July 1998
This
OM stipulates, as a Clarification, in its operative part,
In
case of Direct Recruitment, the SC/ST/OBC Candidates, selected on their own
merit will not be adjusted against Reserved Vacancies
Only
those SC/ST/OBC Candidates, selected on the same standards as applied to
general candidates shall not be adjusted against Reserved Vacancies
When
a Relaxed Standard is applied, in Age, Experience, Number of Chances in Written
Examinations, Extended Zone of Consideration etc, the SC/ST/OBC Candidates are
to be counted against Reserved Vacancies
SC/ST/OBC
Candidates, who had availed of any Concessions, would be Unavailable for
Consideration against Unreserved Vacancies
These
Instructions apply, to all types of Direct Recruitments by Written Tests alone,
Written Tests and Interviews, or by Interviews alone
This
OM has been issued under the guise of, a Clarification to the existing
Instructions to treat all those SCs&STs and OBCs, Appointed on Selection by
Merit, have to be Panelled along with the General Candidates, and appointed as
such according to their seniority in the Select Panel, and not be counted as
Reserved Candidates for the Appointments.
It
is very clear that this OM has been issued to harm the interests of all the
SCs&STs and OBCs, including those who perform exceedingly well in the
Written Examinations, Interviews etc, and score more marks than many of the
general candidates selected for appointments. Till now such SC&ST and OBC
Candidates were Appointed along with the General Candidates, and not counted
against the available Reserved Vacancies. This gave added incentives to the
SCs&STs and OBCs to perform well and come in the General List. At the same
time, this gave Opportunities to the Poor SCs&STs and OBCs from the Distant
Rural Areas and Poor Families with out even the minimal Facilities or any
Resources to give their Children and Wards Opportunities that are otherwise
taken for granted not only by the general candidates but also the general
communities as a whole as a matter of fact. Concessions in Age, Experience,
Number of Chances to Appear in Competitive Examinations for Recruitments are
really not part of the Reservations to the SC&ST and OBC Communities. They
are available as encouragements or facilitation to all disadvantaged
Individuals in the Society, including candidates from the general communities,
as in the case of Refugees, Displaced Personnel etc, and are not actual
Reservations to the SC&ST and OBC Communities. To link these General
Concessions to Individual Candidates, with the Reservations for the SC&ST
and OBC Communities, shows the ongoing schemings and cunningness of the petty
clerks and other bureaucrats in the Deptt of Personnel, their venom and
oppositions to the welfare growth and developments of the SCs&STs and OBCs,
and the routine way and the casual manner in which the files and proposals are
being cleared in the Govt, without any application of mind and or examining the
facts impacts and other implications of their signatures, approvals and
decisions.
This
OM can not be seen in isolation. It has to be viewed seriously in the light of
all those things happening in the Country, particularly the open antagonistic
attitudes of the Courts, and the rabid anti-SC&ST-and-OBC Stand of the
present Chief Justice of India. With the Courts openly supporting and
practicing an anti-SC&ST-and-OBC Approach in all their dealings, questions,
pronouncements and decisions, it is clear that a larger Conspiracy and Design
exists. They are totally biased, prejudiced and would never render any Justice.
They are practicing an worst form of Apartheid, believe in Racial
Discriminations and are openly and deliberately reviving and enforcing
Untouchability not only against the SCs but also against the STs and the OBCs.
Who will now Book them? Who will Arrest them? Who will Proceed against them?
Who will Prosecute them? Who will Try them? Who will Punish them? The Courts
are now saying that anyone availing of Reservations are just not Disadvantaged
Individuals, but are a Separate Class by themselves. They can only avail of
Reserved Opportunities, but can not claim the general posts and vacancies, and
can not be promoted to any higher post/ grade/ scale/ level/ service where
there are no Reservations. Look at the Tragedy! Fifty years after we
have adopted the Constitution, where the Preamble clearly calls for FRATERNITY
assuring the dignity of the individual and the unity and integrity of the
Nation. We are now saying that 260 million plus SCs&STs, and about 550
million OBCs, forming together more than 78% of the Country, availing of
Constitutional Benefits of Reservations for the Development and Democratic
Participation of their Communities in the Governance, taking their share in the
Administration, and claiming their dues in the Benefits of Progress of the
Nation, are a Separate Class by themselves. What a nice clever and cunning
way to segregate marginalize and oppress 78% of the Country? A Separate Class
by themselves, they are! They are today more than 800 million People! What a
way to develop Fraternity amongst the People, Unity in the Society, and ensure
the Integrity of the Nation? And what a way to Develop the Country, and ensure
the Progress of the Nation? What a way to Liberate and raise the Standards of
living of the People? Seen from these clear Perspectives, their entire
game-plan unfolds. They want to even block the progress and promotion of
all those SCs&STs and OBCs who come at par with the general candidates, in
spite of all the discouragements, oppositions, prejudices, biases and
discriminations. This OM being a deliberately motivated,
anti-SC&ST-and-OBC Measure, has to be thrown out immediately.
CONCLUSIONS
Questions
need to be asked, as the nagging doubt slowly creeps up, as to whether the
bureaucrats at all consider SCs&STs to be human beings, whether they
consider the SC&ST Dalits in the Country to be still Subject Citizens of a
Colonial State, and not as free, equal and Sovereign Citizens. And whether they
consider themselves to have inherited from the British all the supreme
authority to Govern and Govern absolutely, neglecting the demands aspirations
rights and the Sovereign Powers of the 250 million plus SC&ST Dalits.
Do the bureaucrats think that they are plenipotentiaries and hence have
absolute powers on having just replaced the erstwhile Colonial Rulers of the
Imperial British Government’s Representatives in the Country who ruled over the
Native Indians as inferior dependant subject races? If they, by any chance feel
that the answer should be in the affirmative, then they have no place in a
Democracy and a Republican Constitutional Govt. They should all be removed from
Service, arrested immediately and sent to jail. But if they are sensible and
rational enough to answer in the negative, they definitely have had no right
whatsoever to silently bring these OMs stealthily over the heads of the 250
million SC&ST Dalits, to adversely affect the Representations of
SCs&STs in Service, particularly at the higher levels, when they bureaucrats
know fully well that these would adversely and seriously affect, and severely
damage the interests, welfare, progress, share and participation of the
SCs&STs in the Administration and Governance of the Country.
The
attitudes, stands and actions of the bureaucrats in this regard till date is
openly defiant, extremely deliberate, and more dishonest. When they have not
acted on the other Supreme Court’s Judgments which came about at the same time
as the Indira Sawhney Case, asking the Government to come out with an Uniform
Civil Code, and when the Government had consciously decided not to act on that
decision of the Supreme Court, it is definitely unfair, totally dishonest and
arrogant a move to go against the SCs&STs in such a great hurry. The shocking
part of all these is that, all the above OMs have come in too quick a
succession, within a short span of few months, from 30th January
1997 to 29th August 1997, under the cover of Court Decisions, even
when the crucial one against the SCs&STs has already been rejected by the
Govt, as for as the SCs&STs are concerned, and is in fact already five
years old. Further, the Constitution has been specifically amended to reject
the Supreme Court’s Decision. This shows their opportunism, to strike against
the SCs&STs below the waist and in the back, at an unexpected time.
IN
THE END, one has to see the effects of these OMs. They cripple the SCs&STs
in all respects and from all directions.
1.
THE FIRST OM DATED 30TH JAN 1997, under
discussion, states that the Seniority of SC&ST Officers promoted earlier
will be revised to place them below the general candidate promoted later, as
per their seniority, fixed at the time of originally joining service. This is
not only unjust and unfair to the SCs&STs, but is also based on wrong
presumptions and incomplete materials placed before the Courts, and a wrong or
incomplete understanding of service rules and established administrative
procedures and practices. This decision of the Court and OM of the Govt,
apart from hurting the SCs&STs grievously would turn the entire
administration topsy turvy, and bring in avoidable and unending disputes in
fixation of the seniority of not only the SCs&STs vis-a-vis others, but
also of others amongst themselves. Unwittingly the Govt in accepting the
Court’s Decision and deciding to act on that, had opened the Pandora’s Box,
leaving every Govt Employee at the mercy of the Clerks in the Establishment
Sections/ Administration, the Lawyers and the Courts. Hundreds of thousands of
cases would now flood the Courts to re-fix the seniority in favour of the
individual appellants.
2.
THE SECOND OM DATED 2ND JULY 1997, states that
in future Reservations will be as per Post based and not Vacancy based Rosters.
This means fixing every Post in the Govt and other Public Sectors as either
Reserved for SCs/STs or as General Posts, would be meaningful and just, only
when all the Posts at every Level and Grade in the Service are brought under
the Rules of Reservations and the Post based Rosters. Otherwise the SCs&STs
would be found stagnating at those Levels/Grades, and in those Posts beyond
which there are no Reservations in Promotions, as it is Group A (Class I) Posts
where Promotions are based on Seniority-cum–Merit. This in turn would deprive
the promotions of other fresh young capable qualified promising SCs&STs at
the lower levels in Service. The new Roster introduced along with the OM, is an
stealthy attempt to put a ceiling on the Recruitments of SCs&STs. Further,
the Reservations as per the Post based Rosters clashes with the fifth OM dated
29th May 1997 which says that Reservations should in any year be
restricted to 50% of vacancies.
3.
THE THIRD OM DATED 22ND JULY 1997, says that in
future Reservations in Promotions will not be based on lower qualifying marks
and lesser standards of Evaluations of SCs&STs. This apparently is an
attempt to stop the Promotions of SCs&STs in Practice, while in Theory and
as a Policy accepting the Reservations in Promotions. In other words, Govt is
trying to withhold and deny on the one hand what has been given and conceded on
the other. The very aim and purpose of providing Reservations in Promotions
is to overcome set aside and neutralize the discriminative and unjust practices
of the seniors, authorities and officials in the Govt who deliberately and
wantonly give lesser marks, lower gradings, poor ratings and lukewarm/poor
reports etc, only and with a sole aim to attempt and withhold, delay or deprive
the Promotions of SCs&STs, harm their careers and stunt their growth in
Service and within the Govt. This Aim and the Purpose of the Govt and
Reservations are now defeated by this OM.
4.
THE FOURTH OM DATED 13TH AUGUST 1997,
says that Reservations in Promotions for SCs&STs beyond 15.11.1997 would
continue as before in the light of the Constitution 77th Amendment
Act 1995 that incorporated Act 16 (4A) in the Constitution. The Reservations
earlier was limited only up to the lowest rungs of Group A (Class I) Posts or
where direct Recruitments were made, and within Class I where the Promotions
are made on the basis of Seniority-cum-Fitness, or Seniority subject to the
elimination of the Unfit or Unsuitable. But the new Art 16 (4A) of the
Constitution has a much wider scope and coverage, in that it specifically
states that Promotions can be made by the Govt wherever the SCs&STs are not
adequately represented. In spite of this specific Amendment and Incorporation
of this new Clause to the Constitution, the OM seriously restricts the
Rights of the SCs&STs, and confine them to the lower levels of
Services, to which they were confined earlier. Thus, the bureaucrats, by
this OM, are Restricting and Abridging the Operation of the Constitution
itself, and are setting aside the Claims and Rights of the SCs&STs.
5.
THE FIFTH OM DATED 29TH AUGUST 1997,
states that Reservation should be less than 50% of the vacancies occurring in a
year. This is unreasonable, given the fact that there are so many restrictions
already in filling up the Reserved Vacancies for SCs&STs both by Direct
Recruitment and Promotions and in Carrying Forward the unfilled Reserved
Vacancies. Since SCs&STs join Service at later date, they by and large
retire earlier and at middle levels without reaching senior positions, levels,
grades and posts in various services. If say one or two or three individual
SCs&STs only retire, and if all the three are Group A (Class I) Posts, then
they can not be filled with SCs&STs. When only one SC/ST retires, filling
that one post will make it 100 % Reserved. Hence, SC/ST can not be recruited resulting
in the loss of one post. When two SCs&STs retire, not more than one post
can be filled with a SC/ST, resulting again in the loss of one post. When three
SCs&STs retire, only one post can be filled, resulting in the loss of two
posts. Similarly any combination of retirement of General, SC&ST, OBC
employees where the retiring Reserved Employees are more than half, then all
the retirements and vacant Reserved Posts cannot be filled up by appropriate
Reserved Candidates belonging to SCs/STs/OBCs. This is not only a loss to the
SCs/STs/OBCs, but also affects the level of Reservation in Service and
Representation of the SCs&STs and OBCs. Thus, this OM has the effect of
reducing the Representations of the SCs&STs and OBCs, and bringing down in
practice the levels and actual percentages of Reservation. Thus, this
sets aside, and makes implementation of the Supreme Court Judgment in RK
Sabharwal case, and the second OM dated 2nd July 1997 based on the
above Judgment of the Supreme Court, which stipulates that the Reservations in
future will be as per Post based Rosters, difficult.
6.
THE SIXTH OM DATED 1ST JULY 1998, says that
even those SCs&STs and OBCs recruited with the same or better marks than
many of the general candidates in the Interviews and or Written Examinations
will not be counted as merit candidates but accounted for as reserved
candidates only, in case they have availed of any concessions in age etc, and
also they waill be unavailable for consideration against unreserved vacancies.
Hence their future promotions against general posts, now available for all
general and reserved employees and candidates are being deliberately blocked.
This also means that 26% SCs&STs will be confined to within 22.5% of the
lower level Posts where Reservations for them exists, and 52% OBCs will be
restricted to only 27% of the Direct Recruitments where Reservations for them
have been provided, leaving a larger field of 50% opportunities and Jobs to 22%
general communities. This is Fairness, Justice, Equality and Equal
Opportunities in this Country, hardly a year from the new millennium. This OM
paves the continued domination by the caste hindus over the SCs&STs and
OBCs in the new millennium also. This OM blocks the future of all
SCs&STs and OBCs and their Promotions to higher levels of Service where
there are No Reservations at present. This OM also will affect the chances of
the SCs&STs and OBCs even to apply for General Posts, which are not
Reserved, and hence the SCs&STs and the OBCs will not be allowed to even
claim normal and routine concessions in age and number of chances to appear in
Selection/ Recruitment Exams and Interviews.
IN
VIEW OF THESE, all these OMs should be withdrawn at the earliest, and a clear
cut, comprehensive, unambiguous RESERVATION ACT be made, stipulating that the
Minimum Representations of SCs&STs at any point of time in the Services and
Posts should not be less than their percentages of Population in the Society.
The Act should also stipulate stringent punishments to those who violate the
Philosophy, Policy and the Rules of Reservations, fail to implement
Reservations and achieve the minimum Representations of SCs&STs in the
Officers and Services under their charge.
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