RESERVATION – 2006

Compiled By Human Rights Documentation∗

Indian Social Institute, Lodi Road, New Delhi

Quota for Muslims case for Constitution Bench (25) New Delhi: The Andhra Pradesh Government suffered a setback on Wednesday with the Supreme Court refusing to stay the operation of the judgment of a full Bench of the High Court, which struck down the legislation providing for a five per cent quota for Muslims in public appointments and admissions to educational institutions. A three-judge Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran said: "We are not inclined to stay the operation of the impugned judgment and make operational a law, which has been invalidated by the High Court." It, however, granted a limited relief, ordering that admissions already made or public appointments, if any, made by the Government be not disturbed. Considering that "essential questions of public importance are involved in the matter," the Bench admitted the appeals and directed that these be placed before a Constitution Bench. Appearing for the State, senior counsel Fali Nariman said the High Court struck down the law on the ground that the State Backward Classes Commission had not collected adequate material. He quoted Article 16(4), which says, "Nothing in this Article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State." (The Hindu 5/1/06)

Quashing of quota for Muslims in AMU upheld (25) NEW DELHI: The Allahabad High Court on Thursday quashed the Central law, which gave Aligarh Muslim University its minority status, and held illegal the reser vation of seats for Muslims in its postgraduate medical courses. A Division Bench confirmed a single-judge order holding that the AMU Amendment Act, 1981 was unconstitutional and that the university was not a minor ity institution. The single judge also quashed the February 25, 2005 Union Human Resource Development Ministry notification, permitting AMU to reserve seats for Muslims in postgradu ate medical courses. The Bench, comprising Chief Justice A.N. Ray and Justice Ashok Bhushan, passed the or der on appeals filed by the Cen tre and AMU challenging the single-judge verdict delivered on October 4, 2005. The Bench said the 50 per cent reservation being extended to doctors in postgrad uate courses was illegal and incorrect. The judges struck down Sec tion 1 and Section 5 (2) (c) of the AMU Amendment Act, by which the status of minority institu tion was accorded to the uni versity, observing that these provisions were ultra vires the Constitution. They agreed with the single judge that the Su preme Court in the Ajeez Basha case in 1968 already took the view that AMU was not a minor ity institution and that enact ment of a law by Parliament could not overrule the judgment. The Bench made it clear that admissions for the 2006-2007 session "will be free to all." Granting limited relief, it said students who were admitted earlier under a quota system would continue to study in the university. (The Hindu 6/1/06)

Reservation for Jats demanded (25) NEW DELHI: The All-India Jat Mahasabha on Monday demanded reservation for the community. Addressing a largely attended All-India Jat Mahasammelan in the Capital, prominent Jat leaders from various States demanded quota for the Jat community in Central Government jobs as well as in States like Haryana and Punjab. The meeting was attended by a large number of Jats from neighbouring States including Haryana, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal and Madhya Pradesh. Addressing them, community leaders said Jats should be included in the Other Backward Castes list in Punjab and Haryana and also in Dhaulpur and Bharatpur districts of Rajasthan. Jats are already in the OBC list in Rajasthan, barring the two districts that had Jat rulers in the pre-Independence era, the leaders pointed out. They also sought Bharat Ratna for Jat leaders Chaudhary Charan Singh and Sir Chhotu Ram besides renaming of Mathura Road from Khooni Darwaza to Ballabahgarh in Faridabad after Maharaja Nahar Singh. The meeting nominated Chaudhary Virender Singh as working president of the All-India Jat Mahasabha. (The Hindu 10/1/06)

∗ This is a collection of previously published news and views from the print as well as the electronic media, whose reference marked at the end of each news items. Department of Documentation and Library (DDL) of the Indian Social Institute, New Delhi neither claims to the veracity of the facts in the news nor subscribes to the views expressed.

Kerala to ensure quota for backward communities (25 ) THIRUVANANTHAPURAM: The Kera la Cabinet on Wednesday decid ed to amend rules to ensure that no backward community missed the posts reserved for it in Gov ernment services. The decision came as part of a consensus ap proach to the findings of the Na rendran Commission on representation of Backward Classes in public services. The panel had submitted its findings to the Government four years ago. The Cabinet decided to set up a permanent commission on Backward Classes as directed by the Supreme Court to re-deter mine reservation on the basis of population and backwardness of communities. A monitoring committee with the Chief Minis ter as chairman will be constitu ted to ensure that each backward community got its share of posts. As a concession for forward communities, the Cabinet decided to reserve 10 per cent of seats for degree and post-graduate courses in Government colleges to families of forward communi ties living below the poverty line (BPL). While the existing 20 per cent reservation for the Scheduled Castes and Scheduled Tribes will continue, 20 per cent will be re served for other backward communities. However, admissions to pri vate colleges will be governed by the direct payment agreement. The educational concessions being given to girls of Muslim and Nadar communities will be extended to girls belonging to Other Backward Classes. The benefits will also be given to the girls of BPL families in forward communities. (The Hindu 26/1/06)

In Patna, Sachar Committee meet ends in blows over reservation (25) PATNA, FEBRUARY 23: A meeting convened by the high power Sachar Committee today to identify solutions for the social, economic and educational backwardness of India’s Muslims culminated in fists and blows over the issue of reservations for the minority community. Around half a dozen persons were injured in the clash. Four members of the committee—constituted by the Centre to study the blockages that afflict Muslim society and to suggest steps to remove them— were here to hold meetings with different Muslim bodies and individuals. Tensions ran high when the Pasmanda Muslim Mahaj, an organisation championing the cause of Dalit Muslims, demanded that reservation to Muslims should be based on caste and not on religion. Mahaj president Ali Anwar argued that as among the Hindus, caste-based backwardness also exists in Muslim society. If reservations were extended to the Muslim community as a whole, then only the upper castes or the affluent would end up benefitting, he alleged. This view was vehemently opposed by another group which wants the Muslim community as a whole to get reservations. They argued that caste distinction was against Islam and stressed that the community in its entirety was backward. This led to angry protests from both sides—finally the meeting turned into a battle ground, with even chairs and flower pots being hurled in the attack. Anwar went on to allege that everything was pre-planned by State Minority Welfare secretary Aashiq Ibrahimi to throttle the voice of Dalit Muslims. He demanded a high-level probe into the incident and later boycotted the meeting. ‘‘The pre-planned attack has proved how upper castes among Muslims are trying to suppress Dalit Muslims,’’ he said. ‘‘We will continue our struggle and will not allow affluent Muslims to take advantage of reservation.’’ For his part, Aashiq Ibrahimi denied the allegation and instead charged that the violence was started by the Mahaj members. Sociologist, Dr S F Rab, who attended the meeting termed the incident unfortunate and said it was regrettable that the core issue of the minority community’s backwardness had been hijacked. (Indian Express 24/2/06)

Muslim quota 'a must' in all jobs, schools (25) New Delhi: MUSLIM "INTELLECTUALS, NGOs, activists and academicians" with whom the "Prime Minister's High Level Committee For Preparation of Report on Social, Economic and Educational Status of the Muslim Community of India' has interacted so far have demanded that "there should be at least one Muslim on each selection board, including the SSB (Services Selection Board)" that conducts recruitment tests for the Defence forces. The committee, headed by retired Justice Rajinder Sachar, is in the eye of a raging storm over its audacious attempt to gather information about the number and ranks of Muslims in the defence forces by writing directly to the service chiefs. Muslims have also petitioned the Sachar committee to recommend that "affirmative action should be taken for bringing the representation of Muslims in the police force at par with their population in every State." In other words, they have demanded proportionate representation in the police through the quota route. These and other demands are listed in a note on "Issues raised at meetings with, intellectuals, NGOs, activists, academicians and district representatives, business community, youth and later discussed with Chief Ministers, Chief Secretaries and other state level civil and police officers" prepared by the Sachar committee. "Whenever

recruitment is going to be made the intention of the Government should be widely publicised through print and electronic media in the local language in the areas of substantial Muslim population," the note says, adding, "The district Superintendents of Police may have meetings with the officers of Employment Exchange and public and service commissions; the latter may organise special registration camps in areas of substantial Muslim presence. The actual process of recruitment should begin after all this exercise is in place." (Pioneer 26/2/06)

Within PM’s panel, protest over IIM, IIT quotas (25 ) NEW DELHI, APRIL 6: The first voice of protest against Human Resource Development Minister Arjun Singh’s decision to impose 49.5 per cent quota in IITs, IIMs and Central universities has come from the high-profile National Knowledge Commission (NKC), which reports directly to Prime Minister Manmohan Singh and whose mandate is to sharpen the country’s “knowledge edge”. In a strong e-mail to all commission members today, NKC’s member-convenor Pratap Bhanu Mehta has asked the commission to intervene and write to the PM against the quota regime. Terming this as a “very distressing development”, Mehta, who heads the Centre for Policy Research, wrote: “There is no point having NKC, if we don’t take a stand on this issue”. Mehta’s views on the issue, however, were not liked by another commission member Jayati Ghosh, an economics professor at JNU. She promptly wrote back to the members to record her “dissent” on this issue. Mehta, in his e-mail, argued his case against the quota: “IITs are already facing severe faculty shortages, and to simply increase the number of seats will have serious adverse consequences. It shows the extent to which these institutions are being subjected to the ministry’s own political and intellectual predilections”. (Indian Express 7/4/06)

A violation of the code, says EC (25) New Delhi: Taking suo motu action, the Election Commission on Saturday slapped a notice on the Cabinet Secretary, asking him to seek an explanation from Human Resource Development Minister Arjun Singh for announcing a 27 per cent reservation for Other Backward Classes in Central educational institutions. The Commission took a serious view of the Minister's announcement of the quota in the government-funded IIMs and IITs and Central Universities as suggested in a Cabinet note under circulation. The notice said the announcement, as widely reported in the media, "amounts to new concessions to certain sections of the electorate" in the poll-bound Assam, Tamil Nadu, West Bengal, Kerala and Pondicherry. "It prima facie violates the model code of conduct." The Commission said the announcement had been made despite its March 1 clarification that the code would be applicable to the Union Government and to the States going to the polls. The letter said "the explanation of Mr. Arjun Singh may be obtained and forwarded to the Commission by 5 p.m. on Monday for further necessary action." (The Hindu 9/4/06)

Arjun: code not violated (25) NEW DELHI: Union Human Resource Minister Arjun Singh on Sunday denied the Election Commission's charge that he had violated the model code of conduct for elections by announcing a proposal for 27 per cent reservation for the Other Backward Classes in Central educational institutions, when the election process was on in five States and a Union Territory. He said a decision on the percentage of reservation of seats was yet to be taken. In his reply to the explanation sought by the Election Commission through the Cabinet Secretary, Mr. Singh said it was "unfortunate'' that the Commission had gone by media reports. He said he had responded to specific questions by the press on when the Government planned to announce the decision. "There was no announcement of any concession, much less any other breach of the model code of conduct ... There is no basis even for prima facie view to that effect. "What is more, it has also been concluded [by EC] that it prima facie violates the model code of conduct without mentioning which provision of the model code the Commission had in view,'' Mr. Singh said. In its communication to the Cabinet Secretary on Saturday, the Commission said Mr. Singh's announcement prima facie amounted to a breach of the model code as it gave new concessions to certain sections of the electorate in Assam, Tamil Nadu, Kerala, West Bengal and Pondicherry. Mr. Singh told the Commission that he had refrained from making a comment to the media on the reservation issue precisely on the ground that the election process was under way in some States. (The Hindu 10/4/06)

Draft bill sent back to ministry due to elections ( 25)

New Delhi, April 10: The Cabinet Secretariat has returned the draft bill on reservation for OBCs in Central educational institutions to the Union human resources development (HRD) ministry in view of the current round of Assembly elections in some states. According to official sources, it was felt that since the election process was on, such a major measure would violate the model code of conduct. However, sources said that there were no drawbacks in the proposal. HRD ministry officials, however, stated that they had no knowledge of this development. "The draft bill had been sent by the HRD ministry to the Cabinet Secretariat earlier. It will be placed before the Cabinet for approval and after that it may also be placed before Parliament when the House reconvenes on May 10," a HRD ministry source said. Asserting that there was no violation of the model code of conduct, HRD minister Arjun Singh, in his reply to the EC on Sunday, had stated that the proposal is before the Union Cabinet which is yet to decide on the matter. Even as the HRD ministry’s draft bill on reservation is being hotly debated in official circles in New Delhi, directors of the six Indian Institutes of Management (IIMs) met in Ahmedabad on Monday to discuss a gamut of issues, including that of the proposed quota for OBCs. "The reservation issue did come up for discussion, but we will formulate our stand once the government issues the formal orders," the director of one of the IIMs told this newspaper. "Various possibilities were discussed but we cannot disclose more as of now," the official said. According to sources, the IIMs are worried about erosion of their brand equity and a possible lowering of academic standards if half of all students gain admission through reservations. IIM faculty, students and aspirants are agitated over the HRD ministry’s move to introduce reservation for OBCs saying this will be a setback for merit. (Asian Age 12/4/06)

Ex-Chief Justice: quota Bill illegal, so is amendme nt (25) NEW DELHI, April 13: Former Chief Justice of India Justice R C Lahoti, who presided over the seven-judge Supreme Court bench in the Inamdar case and ruled against quotas in private colleges, has broken his silence to slam HRD Minister Arjun Singh’s move to bring a Bill for 27% OBC quotas in Central institutions. “The proposed law will violate the Constitution and the principles laid down (in a series of Supreme Court rulings),” Justice Lahoti told The Indian Express today. Asked about the Constitutional amendment, Article 15(5), which was passed this January to enable the Government to impose quotas, he said: “Maybe that itself will be struck down. The ball will be in the court’s court now.” This is an echo of what another former Chief Justice of India, Justice V N Khare had told The Indian Express last week. Justice Khare had presided over the bench in the Pai and the Islamic Academy cases on quotas for minority institutions. The proposed bill is based on that amendment which gives the state the power to make any special provision, “by law” for the advancement of any socially and educationally backward classes of citizens. Justice Lahoti’s bench was set up to explain what Justice Khare’s 11-judge bench had ruled in the TMA Pai Foundation case (October 31, 2002) and his five-judge bench in the Islamic Academy case (August 14, 2003). (Indian Express 14/4/06)

Students protest against quota (25) New Delhi, April 17: Students from various educational institutions of the capital held a protest against the Union government’s proposal of 49.5 per cent reservation for Scheduled Castes, Scheduled Tribes and other backward classes at Jantar Mantar with black ribbons tied to their arms. Like their counterparts all over the country, they observed April 17 as Black Day.Around 200 students from Delhi University, Indian Institute of Technology and Guru Gobind Singh Indraprastha University started their protest at 11.30 am that continued till 2.00 pm. They shouted slogans against the government’s decision to implement the 49.5 per cent reservation policy. "Instead of discriminating against us, the government should give free good education to the other backward castes and scheduled castes and scheduled tribes at the primary level, so that they are able to compete with others as equals," said Mr Aditya Raj, member of United Students, a joint forum for students. "This is an injustice against us. We will not leave any stone unturned to stop the government from adopting this reservation policy," said Anil, another protester. The students will hold a protest march on April 19 in which students from outside Delhi will also take part. The protest has been named Project 19. (Asian Age 19/4/06)

Private sector quotas not acceptable: CII (25) New Delhi: The Confederation of Indian Industry on Thursday strongly objected to mandatory reservation of jobs in the private sector for the socially underprivileged while BRP leader and grandson of the late B.R. Ambedkar, Mr Prakash Ambedkar, asked the government to make public the non-performing assets (NPA) of industrial champions opposing the quota. Mr Ambedkar, a former Lok Sabha member, also

demanded that the government bring a legislation making reservation mandatory in the Parliament session next month. But the CII views if such a law is brought in, then MNCs might say why they should set up shop here and might move out. If the legislation is only for domestic industry, even then it will be detrimental. The government, Mr Ambedkar said, should spend 20 per cent of the total Budget on the economic development of the SCs and STs every year. CII president R. Seshasayee said: "Mandatory reservation in any form is not conducive to competitiveness in the industry. It is not acceptable." The industry needs to take positive action to empower the backward classes to join the mainstream and help them develop abilities to compete and empower them with education and employment skills. "To ensure that SCs, STs and OBCs are able to compete and acquire job skills and as our response to the government’s call for reservation in the private sector, we are setting up a task force on affirmative action under the chairmanship of J.J. Irani," Mr Seshasayee said, who is also the managing director of Ashok Leyland, in his inaugural press conference. Asked if the government brings in a legislation making reservation mandatory, he said: "I do think the government will be responsive to a dialogue. We are committed to positive action. I do not think legislation is a solution. If there is a law you have to abide by it." "The industry should take active steps to develop the technological skills of SCs and STs and support their education," he said, adding that the private sector should address issues related to employment and trade apprenticeship to ensure employability to the backward classes. "There should be no discrimination while competing for jobs," he said. (Asian Age 21/4/06)

Defer consideration of OBC Bill, says Election Comm ission (25) NEW DELHI: The Election Commission has asked the Cabinet Secretary to defer consideration of the `OBC Quota Bill' providing for reservation to the Other Backward Communities in IITs and IIMs and other institutions till the completion of the ongoing election process in the five States. The SCs, STs and Socially and Educationally Backward Classes of Citizens (reservation of seats in educational institutions) Bill, 2006 seeks to give 27 per cent reservation of seats in educational institutions established by the Central Government. Briefing presspersons, Deputy Election Commissioners R. Bhattacharya and R. Balakrishnan said that the Human Resource Development Ministry had sent a Cabinet note seeking the Commission's opinion before taking up the Bill for consideration. They said: "The Commission has conveyed its opinion to the HRD Ministry that it will be desirable to defer consideration of the Bill by the Cabinet till the election process in five States are over." Asked whether HRD Minister Arjun Singh had taken any decision on the issue of alleged violation of model code of conduct, they said initially the Cabinet Secretary sent only half reply and he was asked to send full particulars. Similarly the details sought by Mr. Singh were provided to him seeking his reply by April 21 and the time has been extended till April 24. Only after the receipt of full reply, the Commission would decide on the future course of action, they said. (The Hindu 24/4/06)

Various castes, tribes vying to seek OBC status (25 ) NEW DELHI, April 24 : Everyone wants a share in the reservation pie. With the Centre's announcement of a proposal to enhance quota levels in higher education, there has been a sudden spurt in the number of applications seeking recognition as Other Backward Communities. Various castes and tribes in the country are now vying to seek recognition as OBCs and approximately 1,500 applications are now pending with the Union ministry of tribal affairs, seeking recognition as scheduled castes and scheduled tribes that can avail benefits under the reservation category. This data was revealed at a seminar, Criteria for Determination of Scheduled Tribes, conducted by the Delhi Uni-,versity's anthropology department today. Senior officials at the ministry said soon after the Union HRD ministry declared a proposal to enhance reservation in higher education, the number of applications seeking recognition under the category has seen a rise. "The ministry is closely scrutinising each case in its effort to establish, that all' these are genuine cases," said the senior official. However, not all officials are supporting the obsolete application process granting reservation to backward communities. The president, Indian Anthropological Association, Dr S M Patnaik, said the Registrar General of India and Census Commissioner, Mr D K Sikri, had in his message to social scientists called for the need to widen the database of castes getting reservation benefits. "The status of each tribe and caste getting the benefits of the policy should be scrutinised. Information base should also be extended and larger ethnographic studies must be conducted by the anthropologists which will also help the plcinners to formulate policies and strategies," Dr Patnaik said. (Statesman 255/4/06)

New Supreme Court interim order on SC/ST quota (25) NEW DELHI: The Supreme Court has ordered that 10 per cent of the State-wise Central quota be reserved for Scheduled Caste/Scheduled Tribe candidates in postgraduate medical admissions for the academic year 2006-2007. The ongoing counselling should be held only for the rest of the seats, ruled a three-judge Bench of the Court comprising Justice K. G. Balakrishnan, Justice A. R. Lakshmanan and Justice S. H. Kapadia. It passed the interim order on a writ petition filed by 14 doctors challenging the method of calculation of seats reserved for the SCs/STs. The petitioners contended that as per the apex court verdict 50 per cent of the postgraduate medical seats were reserved under the all-India quota and 50 per cent under the State quota. The judgment made it clear that the 50 per cent all-India quota would be calculated after deducting the number of seats set apart for the reserved categories. (For example, if there are 100 seats, the seats meant for the SCs/STs will be deducted and the remaining seats divided into the 50 per cent all-India quota and 50 per cent Central quota.) Contrary to this judgment, the admission bulletin this year said the SC/ST quota would be calculated at the 50 per cent seats available after deducting the 50 per cent all-India quota. As a result, the number of seats reserved for SCs/STs came down, the petitioners said. They sought a declaration that such a calculation was invalid and unconstitutional and urged provision of reservation in keeping with the Court judgment. The Bench said that as per the earlier judgment the quota was increased to 50 per cent. "Now the question is whether a reservation of 22.5 per cent is to be made in the State quota or in the Central quota. We direct that the 10 per cent, subject-wise Central quota be reserved subject to the final decision." (The Hindu 27/4/06)

SC wonders why no data on representation outside ca tegory (25) NEW DELHI, APRil 27: As the reservation issue gains momentum, the Supreme Court today wondered whether the Centre or states maintained any records regarding number of persons from the deprived sections who got representation in the state’s services without availing the benefit of reservation. ‘‘Which government keeps any data on how many are getting representation without reservation. I don’t think the state or Centre is keeping any such data so that any group can be taken out of reservation,’’ observed Chief Justice of India Justice Y K Sabharwal, who was part of a five-judge bench hearing petitions challenging the validity of 77th, 82nd, 83rd and 85th amendments to the Constitution. The amendments, besides giving Constitutional mandate to reservations in promotions, also empowered the government to lower the qualifying marks for SC and ST candidates in any examination for state services. The CJI’s remarks came after senior counsel P P Rao appearing for some of the respondents—reserved category engineers—contended that reservation was necessary till the Constitutional mandate of adequate representation was achieved, both in the individual fields and the state as a whole. ‘‘No government is doing any charity for these people. They are only carrying out a Constitutional mandate,’’ he said. When the court asked what if there was adequate representation in any one unit, Rao answered that once adequate reservation was achieved for any field, reservation could be done away with. Appearing for the petitioners senior counsel Harish Salve, Rajiv Dhavan and L M Singhvi claimed that the amendments were intended to overcome earlier SC verdicts that went against it. (Indian Exp 28/4/06)

Medical students threaten nationwide strike (25) NEW DELHI: Students from five leading medical colleges of Delhi on Thursday announced that they were calling off their agitation "partially". The decision came after Union Human Resource Development Minister Arjun Singh told them that he would talk to them after the upcoming May elections about initiating a debate on the proposed move to provide 27 per cent reservation to Other Backward Classes in Central universities and other institutions of higher learning. "We have been assured by the HRD Minister that after the elections are over on May 11, he would initiate a national debate and also discuss the issue with the Prime Minister. We are calling off the agitation following the assurance.However, in case the Government goes back on its word, we will go on a nationwide strike," warned a representative of the students, adding that a memorandum was also presented to the Union Minister during the day demanding a rollback of the controversial proposal. While work at all Delhi hospitals returned to normal thereafter, the undergraduate students of the five leading medical colleges have decided to continue boycotting classes to keep up the pressure on the Government. The HRD Minister had called student representatives from the five colleges — Maulana Azad Medical College, Lady Hardinge Medical College, All-India Institute of Medical Sciences, University College of Medical Sciences and Vardhaman Mahavir Medical College — for

a meeting on Thursday afternoon after the students assembled at India Gate to continue their agitation. (The Hindu 28/4/06)

Reservation of jobs will lead to flight of labour: ADB (25) NEW DELHI: The Asian Development Bank on Thursday warned that the move in India towards reservation of jobs in the private sector would prove counterproductive as it may lead to a flight of skilled labour and capital from the country. Interacting with newspersons on the sidelines of a book release function here, ADB Chief Economist Ifzal Ali said: "After so long, India has become a global player. Now why should we go back? Reservation would prove counterproductive... The present high growth could swing back if it is not inclusive, as a political and social backlash would result in foreign capital leaving the shores of the country, with even domestic capital withdrawing." Dr. Ali said: "The changed economic system in the era of globalisation demands that Indian companies must be one step ahead of their competitors and cope up with the forces unleashed by competition... We are living in a different world, our policies are circumscribed by what others do." Dr. Ali went on to argue that if companies do not stay ahead of competition, skilled labour would move out. ``We have seen this happening in the Philippines, where the middle class left the country,'' he said. In India's case, skilled labour moves swiftly between companies and from one region to the other, he said. Compulsory job reservation in the private sector, Dr. Ali felt, would not be in keeping with India's attempt to be part of the global economy. For this, Indian firms have undergone a restructuring process, reducing costs and improving productivity and thus turning more efficient. ``Attempts to impose reservation from outside would go against this spirit, forcing foreign firms to set up shop outside India and also a withdrawal of the production process by indigenous enterprises,'' he said. (The Hindu 28/4/06)

Brahmins oppose quota in higher education (11) LUCKNOW: Opposing the proposed reservation in higher education by the UPA Government, a Brahmin rally on the occasion of the `Parshuram Jayanti' on Sunday demanded proportionate representation in politics, education and other social and economic sector. The rally, convened by Uttar Pradesh Entertainment Minister Harishanker Tiwari was attended by political figures, saints and people from all sections of the society. With the presence of saints like Basudevanand Saraswati Maharaj of Badrika Peth and Narendranand Saraswati of Kashi Peth, Virbhadra Mishra, president of Sankta Mochan Temple, Varanasi, Kaushal Kishorji alias Falhari Baba, the rally was attended by large number of people from across over Uttar Pradesh. Prominent politicians present on the occasion included Congress MP from Varanasi Rajesh Mishra, BJP MLA Uday Bhan Kanwariya, State Minister Shyam Sunder Sharma and BJP leader Bharat Tripathi. Addressing the rally, Harishanker Tiwari said the new reservation policy would further divide the society and demanded the reservation to be made on the basis of economic status. He said then Prime Minister Jawahar Lal Nehru had also admitted through his letter to all Chief Ministers dated June 27, 1961, that reservation had created differences in the society. ``Mr Arjun Singh should now check the facts of the letter written by Nehru before going for another round of reservation.'' Calling upon the Brahmins to unite and dissuade the political parties from using community as vote bank, he said only united efforts could save the community from playing in the hands of political organisations. The speakers in the rally stressed the need for revival of old culture and traditions and adequate representation in politics, education and other social sector. The rally passed a resolution to set up Brahma Sansad, Parshuram temple and Vedic School in each district. (The Hindu 1/5/06)]

Delhi students march against reservation move (25) NEW DELHI: Students from the Capital's five leading medical colleges along with many from the Indian Institute of Technology (IIT), Delhi University and Guru Gobind Singh Indraprastha University marched from Maulana Azad Medical College to Parliament Street here on Tuesday protesting against the Government proposal to reserve seats for Other Backward Classes in Central universities and other institutions of higher learning. Meanwhile, pro-reservation activists held a dharna at Jantar Mantar. While the pro-reservation dharna was organised by the Indian Justice Party, the anti-reservation agitation was led by the newly formed "Youth for Equality", which represents college students from all over the Capital. Pledging support to the anti-reservation protests, the students called for a boycott of the Congress and all other political parties that support reservation. "Since votes are the only thing that seems to drive them and the only thing that matters to them, we have decided to speak their language. We are calling upon all our student supporters to boycott the Congress," said Sarangi Sasmit of Youth for Equality. Interestingly,

the anti-quota march also saw OBC students come out against reservation. Accusing the Government of dividing the country on the basis of caste, the students said the proposal would only spread casteism. "Most people from the reserved category think the move will help them. But all it will do is brand us as a certain caste and isolate us from others. If the Government wants to help, it should improve the quality of education in all schools or build special colleges for the Scheduled Castes/Scheduled Tribes and OBC students. Reservation will only lower the quality of higher education," said Gaurav Kumar, an OBC student from Delhi University's Dyal Singh College. (The Hindu 3/5/06)

Govt. likely to introduce reservation Bill (25) LUCKNOW: The Samajwadi Party-led coalition in Uttar Pradesh is likely to introduce a Bill in the State Legislature for reservation to Other Backward Classes (OBCs) in private and professional educational institutions. Taking a cue from Union HRD Minister Arjun Singh's move to enlarge the scope of reservations, the Uttar Pradesh Government a preparing for a legislation to provide quotas, sources said here. ``The States have been given such powers through the 93rd Constitution amendment,'' said a senior official. The amendment entitles State Governments to introduce quotas in higher education institutions for backward castes. The amendment, however, exempted minority institutions from the ambit of quota system. Reportedly Chief Minister Mulayam Singh Yadav has directed officials to prepare a draft Bill so that it could be introduced in the Assembly session starting May 11. The matter is likely to come before the Cabinet meeting soon. The move, if comes into effect, would provide for reservation to OBC candidates in 116 engineering and management institutes, 12 medical colleges and two universities set up in the private sector in U.P.. Meanwhile, the National Commission for Scheduled Castes (NSCS) has hauled up the State Government for the decision to confer SC status on 16 castes in OBC category. The State Government, acting on its own, had passed an order giving SC status to 16 OBC castes. The procedure, said NCSC, was that the state made a reference to the Commission, which would examine it and give its report. It has to be ratified by the Centre and only after its approval by the President any category gets included in SC category. (The Hindu 3/5/06)

Arjun tells deemed universities to toe OBC quota po licy (25) New Delhi : In the thick of controversy over his desperate attempt to push through quotas provision in education institutions, HRD minister Arjun Singh on Thursday urged the deemed universities to toe his ministry's line on the issue. Addressing the first day of the two-day National conference of the Deemed Universities, Singh said the stakeholders in education sectors (mostly private institutions) should ensure that no eligible youth in the country is denied the right to enter colleges and universities. Incidentally, almost 90 per cent of the deemed to be universities are affiliated private institutes. But it was the agenda paper of conference that explained his real priority. It read: "Bearing in mind that the model code of conduct is in force in respect of on-going Assembly polls in some State/Union Territories and Central Government is not in a position to make or discuss any new policies, the participating institutions may like to offer suggestions in regard to Article 15(5).'' This was an obvious reference to 93rd Constitutional Amendment carried out in January this year to facilitate the Government move to allow reservation for the OBCs in educational institutions, including Indian Institutes of Management (IIMs), Indian Institutes of Technology (IITs). According to sources, is was clear that the deemed universities are high on Singh's agenda for introducing caste quota. It is important to note that Singh's subtle warning coincides with the National Planning Commission thinktank forwarding a proposal for the XI Plan Approach Papers asking for an autonomous body to fix the grades of private schools and colleges on the basis of quality of education, teachers and infrastructure they offer to the students vis-à-vis the fee they charge. (Pioneer 5/5/06)

Marry SC/ST, progeny gets reservation (25) New Delhi : Ministry plan ready to be presented before Cabinet ---- IN a move bound to have far-reaching social impact, Union Ministry of Social Justice and Empowerment has decided to grant the status of Scheduled Castes and Scheduled Tribes to children with any one of their parents from the SC/ST category. Ministry sources said a proposal to this effect would be placed before the Cabinet for approval soon, allowing a child with non-SC father and SC mother the Government allowances given to those of the SC/ST category. Presently, the father's caste determines the caste of an offspring. Ministry sources justified the decision, saying, "The decision would go a long way in bridging the societal gap between the SC/ST and others." The move is bound to ignite fresh controversy at a time when the Government is trying

to douse the protests against quota in educational institutions and the private sector. Sources said since the prospects of reservation for SC/ST in the private sector is still mired in controversy, the Ministry is working on a slew of alternative measures to project a friendly face to the "reserved" constituency.Competing with HRD Minister Arjun Singh, who is pursuing his 'quotas-in-educational-institutions' agenda with missionary zeal, Social Justice Minister Meira Kumar has decided to provide 49.5 per cent reservation to OBCs, SC/STs in voluntary organisations and institutions getting grants-in-aid from the Government. Her Ministry is also cosidering an increase in the share of SC/ST reservation in view of an increase in their overall population as per the Census 2001. (Pioneer 6/5/06)

Reservation: NKC members meet Manmohan (25) NEW DELHI: Members of the National Knowledge Commission (NKC) met Prime Minister Manmohan Singh here on Wednesday and apprised him of their individual positions on the contentious question of reserving seats for Other Backward Classes (OBCs) in central educational institutions. The reservation issue was just one of the subjects discussed at the meeting, described by members as a routine exercise. This is the fourth time the Commission met the Prime Minister after it was set up in September last year. "We meet the Prime Minister once in a while to report to him about the work we are doing," Commission member Jayati Ghosh told The Hindu . Though the division within the eight-member Commission on the reservation issue is known, all members apprised the Prime Minister of their individual positions on the matter. "The Prime Minister only listened," said Ms. Ghosh and fellow-member Pratap Bhanu Mehta. Ms. Ghosh and P.M. Bhargava are the two members on the Commission favouring the extension of reservation to OBCs. While Ms. Ghosh is for extending the existing policy of reservation to OBCs, Mr. Bhargava's support is subject to certain conditions. The majority view in the Commission is that status quo should be maintained till new and more effective avenues of affirmative action are explored. Last weekend, the Commission met in Bangalore and discussed among other issues the question of extending reservation to OBCs. After the meeting, the NKC in a statement said that a "knowledge society must be a socially inclusive society and this social inclusion must be reflected in educational institutions." (The Hindu 11/5/06)

Expansion, not reservation the answer, says Pitroda (25) New Delhi : Knowledge panel reviewing outcome of quota policy ----- The National Knowledge Commission on Thursday again opposed HRD Minister Arjun Singh's reservation proposal with chairman Sam Pitroda saying that "reservation is no solution to the problem, the key to the solution is expansion." Elaborating the point at a press conference, he proposed an outcome review of the reservation policy that has been pursued for several decades and said that the NKC would come up with an outcome report. Explaining what he meant by expansion, the technocrat said: "If we have only seven IITs and they are not adequate, let's have 70 more and solve the problem, but talent shouldn't be discriminated against either on the basis of caste, religion or economic inequality."Pitroda who had opposed Arjun Singh's April 5 move to extend reservation to Other Backward Castes in the nation's elite institutions, like IITs and IIMs said: "A time has come when we need to examine our old system of education and institutions for a better future." "We need to look at the old problems differently and find out an answer from the future," he said, adding that "let's not look at the past and look to what the future holds for us as an answer to such problems." Pleading for an inclusive society which respects the talented, Pitroda gave a clear indication that his analysis or re-examination of the issue would not be guided by the prevailing political 'whims and fancies'. "I will take into considerations what is good for India, and not get dictated by political compulsions. However, it would be for the Government to take a decision on the issue," he said. (Pioneer 12/5/06)

Arjun rejects relook at quota issue (25) New Delhi: Unfazed by protests against OBC quota, Human Resource Development Minister Arjun Singh on Sunday rejected suggestions of a relook into reservation in elite educational institutions. He said it was up to Prime Minister Manmohan Singh to decide when to bring the matter before the Cabinet. ``This is entirely for the Cabinet to decide. As soon as the Prime Minister allows it come in the Cabinet, a decision will be taken," he told reporters when asked whether a bill in this regard would come up in the ongoing brief session of Parliament. Mr. Singh dismissed as ``propaganda'' the attempts to project the anti-reservation agitation as ``Mandal II''. ``There is no Mandal II, III or IV. It is all propaganda to vitiate the whole atmosphere.'' He, however, said he was ready to talk to the agitating students. Slamming the

National Knowledge Commission headed by Sam Pitroda, he said: ``well, with all due respect to the great Knowledge Commission, I must point out to them that they are not above the Constitution. ``They do not need to speak to any of us. Let them decide and the country will follow them if they are above the Constitution. They do not know that there is a Parliament and there is a law passed by Parliament also. If they are unaware, then I can only pity them,'' he said. On the observation of party leader Rahul Gandhi that both favouring and opposing the quota had ``valid points,'' he said a middle path could only be found in a calm and cool atmosphere and not when lathis were used by one side and slogans by the other. (The Hindu 15/5/06)

Medical students begin hunger strike (25) NEW DELHI: Medical students began an indefinite hunger strike at the All-India Institute of Medical Sciences here on Sunday to protest against the Government's move to increase reservation in higher education. Resident doctors have been abstaining from work for the past three days, affecting emergency services in some government hospitals. Health services are expected to get worse on Monday in view of a call for a "total medical bandh" in the city given by the Indian Medical Association. The Government has proposed to reserve 27 per cent of the seats in Central universities and institutes of higher learning for Other Backward Classes. Around 100 medical students and representatives of resident doctors of five premier medical colleges — AIIMS, Maulana Azad Medical College, Lady Hardinge Medical College, University College of Medical Sciences and Vardhaman Mahavir Medical College — are taking part in the hunger strike. "We will continue our hunger strike and will not attend duty," said Vinod Patro of the AIIMS Resident Doctors' Association. The doctors are angry over the police excesses in Delhi and Mumbai and have demanded an apology from the Government and the police. Union Health and Family Welfare Ministry has drawn up a strategy to ensure smooth running of health services in the Capital's hospitals in the wake of a strike by the doctors on Monday against the proposed reservation for Other Backward Classes in medical colleges. The Ministry has asked the Medical Superintendents to ensure that medical facilities are not disrupted. "Services in the government hospitals will be maintained,'' Union Health and family Welfare Secretary P.K. Hota told reporters here on Sunday after a meeting in which the situation due to the ongoing doctors strike was discussed. Mr. Hota said the Ministry had drawn the attention of medical superintendents of the Capital's hospitals to a directive of the Supreme Court that prohibits doctors from disrupting services. Medical Superintendents have been asked to convey the message to the striking residents and maintain services in the hospitals, he added. (The Hindu 15/5/06)

Protesting medical students intensify their agitati on (25) NEW DELHI: Intensifying their agitation, protesting medical students in the Capital announced an indefinite hunger strike from Sunday. Reiterating their demand for a roll back of the Government's proposed move to increase reservation for OBC students in higher education, Youth for Equality -- the umbrella body of the protesting medical students -- said a large number of students are expected to join the strike which will be held at All-India Institute of Medical Sciences (AIIMS) at 10 a.m. The hunger strike will see participation of students from the Capital's five premier medical colleges -- AIIMS, Lady Hardinge Medical College, University College of Medical Sciences, Vardhman Mahavir Medical College and Maulana Azad Medical College. Meanwhile, in continuance of their protest against the Government proposal, other student groups said they would target the upcoming admission season in Delhi University to garner more support for their movement. Even as medical students across the Capital continued to boycott classes, the United Students group mounted a placard exhibition at Centrestage Mall in Noida. Noting that the upcoming admission season would be used by them to get more support from the freshers, United Students said they were looking at setting up counters near colleges where the centralised admission forms will be sold. "We are going to step up our activity during admissions and are looking at setting up counters. As seniors, we will not just look at helping the students fill up their forms and guide them about the courses but also tell them about our agitation. We will also approach the OBC and SC/ST students to mobilise their opinion on the matter and explain to them why we are against reservations in higher education,'' said Aditya, a member of United Students. (The Hindu 14/5/06)

Mechanism on quota issue soon: Centre (25) NEW DELHI: The Centre on Monday said it would soon come out with a "mechanism" on the reservation issue protecting the interests of all sections. The decision follows the nationwide agitation by doctors and medical students against the Government's proposal to bring in a law to provide reservation for Other

Backward Classes in institutions of higher education. Briefing reporters after a meeting of the Cabinet Committee on Political Affairs here, Defence Minister Pranab Mukherjee said, "We will ensure a mechanism in which it is possible to ensure the interests of all sections of society." Details of the mechanism were being worked out. "It will be satisfactory to all. It is not our intention to cause harm to anybody. Those who are agitating are also our children," he said. Earlier, the Government appealed to doctors to resume duty. Union Health and Family Welfare Secretary P.K. Hota said a general notice had been sent to them and, if they did not report for work by Tuesday, individual notice would be sent and action taken. "We have no choice. If we do not take action, it would amount to contempt of court as there is a Supreme Court directive that bans doctors from going on strike and a Delhi High Court order that is applicable to the government-run hospitals of the capital," he said. The Centre is also in touch with the Railways, ESI and Army for referring critical cases to their hospitals. Opposition members in the Lok Sabha expressed concern over the impact of the anti-reservation agitation on hospital services in Delhi. Raising the issue during zero hour, Prabhunath Singh (Janata Dal-United) said the health system, particularly in Delhi hospitals, was in disarray. (The Hindu 16/5/06)

Scrap quotas, ensure access to poor, says Paswan (2 5) New Delhi : At a time when the quota controversy has spilled on to the streets, Union Minister for Chemicals & Fertilisers and Steel and Lok Janshakti Party (LJP) president Ram Vilas Paswan has sought the abolition of caste-based reservation and called for equal opportunity for the poor in education. Coming from a man who as labour and welfare minister in the VP Singh Government was one of the staunchest votaries of Mandal I, Paswan's demand is bound to ignite a fresh debate on the issue of caste quota vis-à-vis educational parity across the economic barrier. "I would support any move to abolish caste-based reservation in jobs, both in private and public sectors, if the Government were to ensure that all poor students had access to free quality education under a uniform syllabus," Paswan told the Pioneer. This is the first time that a senior minister of the UPA Government has come out openly against the politics of quota. "I want to change the mindset that people getting the benefit of quota are less talented or inferior. Give them educational opportunity, they will prove themselves," he said, adding, "you can't have a system where some student pays a huge capitation fee to enroll in a medical or engineering college while others have to drop out of schools." "This anomalous situation is the reason why so few poor Dalits get MBA degrees or become doctors, engineers and scientists," he said. Elaborating his concept, Paswan said the Government should bring a legislation to ensure that all private schools and institutions reserve half the seats for economically backward students, irrespective of castes. "We don't need quotas if poor students have access to good education. I would rather favour a situation where half the seats in all schools and colleges and institutes imparting technical, scientific, medical, engineering and management education were reserved for the poor. Let them belong to any caste. I don't mind caste reservation there, too. Because in such a case, the beneficiary will be at the bottom of our caste divide," he said. (Pioneer 16/5/06)

Centre committed to reservation (25) NEW DELHI: The Government stands committed to imple menting the Constitutional Amendment providing reserva tion for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in pri vate and unaided educational in stitutions, Union Human Resource Development Minister Arjun Singh said on Tuesday. However, several suggestions such as increasing the number of seats and including the econom ically backward sections were under consideration. The issue rocked the Rajya Sabha during zero hour with some members of the Rashtriya Janata Dal and Congress shout ing down Bharatiya Janata Party leader Kalraj Mishra when he tried to raise the issue of lath-icharge on students. Mr. Singh told the Lok Sabha during question hour that "a ca nard" was being spread by cer tain sections that the objective of the Government and commit ment of the House had been "hi jacked by me personally as my own agenda." The Minister said he did not support the police action against students. Everybody had the right to present their views in a peaceful manner. The Govern ment was not unmindful of the fact that a section of the people and students felt something was being taken away from them. "I would like to dispel that impres-sion. We are very seriously con sidering all the options that could help these sections of the people of the communities who have, at the moment, acquired a certain stake in the entire thing." ((The Hindu 17/5/06)

Ministers panel to study quota issue (25)

NEW DELHI: The Government on Wednesday decided to set up an informal committee of ministers to help evolve a "mechanism" to sort out the reservation tangle, taking into account the views and interests of various sections. Union Ministers Pranab Mukherjee, Arjun Singh and P. Chidambaram would find a way satisfying the need for affirmative action through reservation for the socially and educationally backward sections and maintaining an overall balance, highly placed sources in the Government said here. The Ministers would work out a mechanism as decided by the Government earlier. There was a possibility of consultations with political parties at the end of this exercise. In a significant development, senior Congress leader and Union Minister Oscar Fernandes reached out to medical students who have been agitating against reservation for Other Backward Classes in institutions of higher learning. The Backward Classes Parliamentary Forum decided to postpone its meeting scheduled for Wednesday following a request from the Government. It asked the forum to await its decision. In the Lok Sabha, the Government said it would arrive at a collective view after taking into consideration all aspects of reservation in higher education. No one could have any objection if efforts were made to address the cause of tension, Human Resource Development Minister Arjun Singh said. There was no question of the Government going back on its intention to implement the Constitution amendment passed by Parliament. Responding to a calling attention motion, Mr. Singh denied that there were differences in the Government over implementing its commitment to provide reservation to the OBCs in IIMs, IITs and other higher education institutions. The issue generated heat with frequent verbal clashes between members of the Bharatiya Janata Party and the ruling coalition benches, leading to repeated warnings by Speaker Somnath Chatterjee. (The Hindu 18/5/06)

No end to deadlock over quota (25) NEW DELHI: The deadlock between the Union Government and the protesting medical students continued on Thursday as the students refused to call off their hunger strike. A seven-member student delegation met Defence Minister Pranab Mukherjee, Health Minister A. Ramadoss and senior Congress leader Oscar Fernandes on Thursday morning and returned for a second round of discussion with Mr. Fernandes at the AICC office in the evening. While Mr. Fernandes described his discussion with the students as "inconclusive," the students said the Government had at least heard them out. "Whatever we have discussed with the students will be communicated to Defence Minister Pranab Mukherjee. From our side the talks have still been inconclusive. But it is a step forward and efforts are on for more talks. We have put forward our points and it is for the students to decide," said Mr. Fernandes. In both the meetings, the Government tried to assure the students that the general category seats in the institutions would remain untouched while introducing the OBC quota, but the students were not convinced. "The offer made to us was that while the number of general category seats will remain the same in the existing institutions, all new colleges will follow the new reservation proposal. We don't agree with it as it is not uniform and there is no clear indication by the Government on how it will be applied," said Harsh Kumar, a student representative. The students had put before the Government three demands, including the roll back of the 27 per cent reservation quota, setting up of a judicial commission and a concrete statement by the Prime Minister on the issue. (The Hindu 19/5/06)

India unites against quota (25) New Delhi : Termination threat does not work, other professionals join in ---- Slogans, ice cubes and peer support have kept their spirits high. The carrot and stick policy of the Centre has hardened their resolve. On day five, medicos continued sitting on a hunger strike at All India Institute of Medical Sciences (AIIMS) even though the condition of some had deteriorated. The Government claimed that some striking doctors had resumed duties at AIIMS after receiving the termination notices issued at midnight last night. The Health Ministry also asked hospitals under it to issue advertisements for recruiting doctors through "walk-in interviews". But most of the doctors remained defiant and refused to reply to the notices even after the deadline set by the Government expired. Officials said a decision on their fate would be taken on Friday. A meeting of the striking doctors with Defence Minister Pranab Mukherjee and other ministers yielded no results. This prompted the Government to depute senior Congress leader Oscar Fernandes to break the imbroglio and he was closeted in negotiations with the students till late at night. In the rest of the country, the medicos' strike in different States continued with professionals from other sectors throwing in their weight. In Indore, doctors, engineers and tax professionals took out a rally to protest the Centre's proposal on reservation and burnt an effigy of Union HRD Minister Arjun Singh.Opposing the Government's proposed reservation policy for elite management institutes, the Alumni Association of

Indian Institute of Management (Ahmedabad) said they would start an agitation at an appropriate time.President of IIM-A Alumni Association Amol Dhruv said, "IIM-A alumni is totally against any kind of reservation in premier management institutes of the country". (Pioneer 19/5/06)

Call off strike: Manmohan (25) NEW DELHI: Prime Minister Manmohan Singh on Saturday appealed to medical students to call of their strike against the proposed reservation for Other Backward Classes in institutions of higher learning and assured all sections of an amicable settlement. Dr. Singh's plea came after the Group of Ministers submitted its report, recommending an increase in the number of seats so that the general category would not be affected. The Prime Minister assured the students that he would resolve the issue amicably, taking into account the interests of all sections. He appealed to them not to resort to agitations and have faith in the Government's sincerity. The reservation issue figured prominently at the Congress Working Committee, which discussed the constitutional validity of the proposal. There were also views different from than those of the Government. The mini debate came hours after the GoM headed by Pranab Mukherjee submitted its report. At the end of the over two-hour meeting, Mr. Mukherjee told correspondents that while he would not disclose the details of the report, it broadly took into account the "interests of all sections of the student community.'' Some members contended that the present Constitutional amendment might not stand judicial scrutiny, a source privy to the discussion said. A view was expressed that in case the courts struck down the amendment, Parliament would be free to decide what should be done. Mr. Mukherjee asserted that the Government was bound to implement the Constitution amendment passed by Parliament. This argument eventually carried the day. Human Resource Development Minister Arjun Singh dispelled the impression that he initiated the proposal as part of a "personal agenda." (The Hindu 21/5/06)

All sections to be taken care of: CWC (25) New Delhi, May 20: The Congress has made its position clear on two contentious issues: reservation in elite educational institutions and demand for a separate Telangana state. While the party and UPA government will take care of the interests of all sections of students on the quota issue, it will require "more time" to evolve consensus on Telangana.The Congress Working Committee, the highest decision-making body of the party, was briefed on these issues besides the forthcoming round table conference in Srinagar by Prime Minister Manmohan Singh and defence minister Pranab Mukherjee, who heads the group of ministers on the quota issue and a UPA sub-committee on Telangana.Congress president Sonia Gandhi presided over the meeting held at her residence here on Saturday. Later, briefing to reporters at the AICC headquarters, Mr Mukherjee said he had already given the report of the GoM on the quota issue to the Prime Minister, which will be placed before the Cabinet.Replying to a question, Mr Mukherjee, expressed the hope that the stir would be called off by May 22, the day the UPA coalition completes two years in office. "I hope so," Mr Mukherjee told reporters later. He said the group has "taken into account the interest of all sections of the student community", meaning thereby that the interest of general category students will not be hurt by providing OBC quota. "Details cannot be given for obvious reasons as the report will go to the Cabinet for consideration," he said. Asked whether the CWC has endorsed the report of the GoM on reservation and Telangana issues, Mr Mukherjee said he has only reported the matter to the party working committee. (Asian Age 21/5/06)

Backward classes panel: Centre's reservation divisi ve, disturbing (25) New Delhi : Members of the National Commission for Backward Classes (NCBC) are divided over the Centre's move to grant 27 per cent quota for other backward class (OBC) in all academic institutions, including the IITs and IIMs. They do not approve of the quota without the Government ensuring that the interests of general category students are protected. "Though quota for OBCs in academic institutions are within the provisions of Constitution, the Government should effectively take care of the interests of general category students," said Babu Rao Verma, a senior member of the Commission. "Quota should be affected in a cohesive manner," he said, adding that quota in IITs and IIMs for OBCs was long pending.Terming the Government's proposal "divisive and disturbing" in all respects, Neera Shashtri said: "Reservation will not serve any purpose unless the Government ensures effective education for them at the initial level. They should be given deprivation points up to five for admission in seats of higher learning and excellence like IITs and IIMs." "If the non-compatible students were admitted in such institutions, they would not be able to cope with demand of the highly specialised courses. The government should do a

survey to assess the impact of quota in government jobs for OBCs, SCs and STs. It is only the creamy layer people from these segments, reaping the benefits of quota." Favouring affirmative action to protect interests of non-reserved category students, Shashtri is peeved with the present regime over the manner in which the anti-reservationists are being treated across the country. "Since the Government has overlooked their interests, they would certainly register their anguish. The Government should nurture merit among all section of society through affirmative action, and should not promote mediocrity through quota," said Shashtri. (Pioneer 22/5/06)

Karat for consensus on reservation issue (25) NEW DELHI: Suggesting that the Government evolve a consensus on the mechanism to increase the number of seats in educational institutions to maintain a balance among all sections, the Communist Party of India (Marxist) said the proposed reservation should benefit the poor among the Scheduled Castes/Tribes and the Other Backward Classes. CPI(M) general secretary Prakash Karat, who called on Prime Minister Manmohan Singh on Monday, said the increased intake in institutions of higher learning should benefit the needy among those who did not qualify for reservation. Defence Minister Pranab Mukherjee, who was also present, briefed Mr. Karat on the proposals of the Group of Ministers that went into the issue. The Government indicated that the total number of seats might have to be increased by over 50 per cent, so that the general category seats were not affected. The recommendation includes implementing the policy on a staggered basis. Mr. Karat said the CPI(M) had made its stand on reservation clear and was willing to accept any consensus plan. The CPI(M) has suggested a socio-economic criterion to exclude the affluent and those with access to jobs and higher education. It suggested that the Government prepare a proposal and put it up for public debate, so that agreement was reached before implementing it. (The Hindu 23/5/06)

27% quota for OBCs from 2007 (25) NEW DELHI: The United Progressive Alliance and the Left Parties announced on Tuesday that 27 per cent of the seats in Central educational institutions would be available to the Other Backward Classes (OBCs) from June 2007. Simultaneously, the Government will increase the number of seats. An Oversight Committee will be set up to draw a time-bound road map for implementing the decisions. It will submit its report by August 31, taking into account the recommendations of academicians/administrators. The UPA Coordination Committee and the Left Parties met in two sessions here to take stock of the two-year performance of the Manmohan Singh Government. The reservation issue took up most of the three-and-a-half-hour evening session. The Left parties insisted that the Government send out a clear message that it was committed to implementing the reservation policy. Talking to presspersons, Defence Minister Pranab Mukherjee said it was decided that the Constitution amendment providing for reservation be implemented in letter and in spirit. Legislation would be brought in during the monsoon session to provide for the quota. Keeping in view the interests of all sections, the number of seats would be increased. (The Hindu 24/5/06)

27 p.c. quota from next year (25) NEW DELHI: The United Progressive Alliance and the Left Parties on Tuesday announced that 27 per cent of the seats in Central educational institutions would be available to Other Backward Classes (OBCs) from June next year. Simultaneously, the Government will increase the number of seats. An Oversight Committee will be set up to draw a time-bound road map to implement the decisions. It will submit its report by August 31, taking into account the recommendations of academicians/administrators. The UPA Coordination Committee and the Left Parties met in two sessions to take stock of the two-year performance of the Manmohan Singh Government. The reservation issue took up most of the three-and-a-half-hour evening session. The Left parties insisted that the Government send out a clear message that it was committed to implementing the reservation policy. Defence Minister Pranab Mukherjee told presspersons that it was decided that the Constitution amendment providing for reservation be implemented in letter and in spirit. Legislation would be brought in during the monsoon session to provide for the quota. Keeping in view the interests of all sections, the number of seats would be increased. Apart from the Oversight Committee, smaller groups, comprising deans, directors and Vice-Chancellors, would be constituted to work out details for each class of institutions (such as IITs and IIMs). The Oversight Committee would put together the recommendations of these groups and submit a

report. It was indicated that the Committee would include the UGC Chairman and Planning Commission Member in-charge of education. (The Hindu 25/5/06)

`BJP in favour of reservation' (25) NEW DELHI: The Bharatiya Janata Party on Wednesday justified non-participation in the second round table on Jammu and Kashmir chaired by the Prime Minister in Srinagar. General secretary of the party Arun Jaitley said that the Government had lost credibility in the eyes of the people of the State of Jammu and Kashmir. When it was pointed out that the Congress had recently won a by-election, he said that that was not an indicator of popular support. "We in the BJP did not participate in the conference because we do not believe that the United Progressive Alliance wants to honestly fight terrorism. We cannot participate as a mere formality," Mr. Jaitley said. When it was pointed out that in Kashmir the BJP seemed to be in the company of pro-Pakistan Hurriyat leaders on this question at least, he said, "Many more small groups from Kashmir and Ladakh were not part of this dialogue." Mr. Jaitley declared that the party was in favour of reservation for the backward classes in higher education institutions. He refrained from welcoming the Government stand although the position as stated by him seemed almost identical to that of the Government, except that he said the BJP also favoured reservation in minority institutions. Giving the party's "preliminary reaction" to the Government's views, he pointed out that the enabling legislation in the form of a Constitution amendment adopted by Parliament last winter had the support of all parties, including the BJP. "We support steps to implement that legislation," he said. The party, he noted, felt that "excellence should not be sacrificed and there should be enough space for merit". In short, the BJP stand, like that of the Government, was that seats in higher education institutions should be increased even as a quota for the backward classes is made effective. (The Hindu 25/5/06)

Students to Kalam: Don’t sign (25) New Delhi, May 24: A four-member delegation of students from Delhi University, JNU and IIT met President A.P.J. Abdul Kalam for half-an-hour on Wednesday and presented a charter of four demands. They also appealed to the President for an immediate resolution of the quota issue. "We appealed to the President not to sign the pro-reservation bill in view of the mass protests going on in the country. Second, we presented to him an appeal by 22 students from DU, JNU and professors and students from IIT asking for permission to end their lives if the pro-reservation bill comes into action," said Mr Kapil Mishra, a student of the Delhi School of Social Work who was part of the delegation. "Third, we demanded that a white paper should be produced on the reservation policy. Our fourth demand is for the setting up of a new commission consisting of a retired Chief Justice of India, a social worker, educationist, technocrat and a bureaucrat to review the existing reservation policy," Mr Mishra told this correspondent. President Kalam assured the students that the number of seats in educational institutions will be increased and the oversight committee set up for this purpose will draw up an action plan within a stipulated time. The President emphasised to the students that every life is precious and that parents pin their hopes on them to fulfil their educational pursuits and be gainfully employed. He urged the students to respect their parents’ sentiments and requested the student community, particularly those on hungerstrike, to end their fast. But the striking medicos turned down the President’s appeal to end their strike and called for a "civil disobedience" movement supported by professionals and traders on Thursday to protest the UPA government’s decision to go ahead with quotas for OBCs in higher education. "We are asking various groups, such as traders, resident welfare associations, bank personnel and members of bar associations, not to work tomorrow from 9 am to 12 noon," said Dr Vinod Patro, president of the AIIMS Resident Doctors’ Association. (Asian Age 25/5/06)

Health services paralysed across the nation (25) New Delhi : Medicos for merit refuse to give up ---- The anti-reservation protests reached a crescendo on Thursday as striking doctors in private and public hospitals across the country paralysed health services. Even traders and non-Government organisations supported the day-long bandh called by the Indian Medical Association. Reports of hospitals shutting down for the day flowed in from large parts of India, giving a boost to the morale of agitating junior doctors at the All India Institute of Medical Sciences (AIIMS). Protesting doctors, however, claimed that emergency services were not hampered. From Shimla to Bangalore, protests erupted in Uttaranchal, Punjab, Rajasthan, Haryana, Chhattisgarh and Madhya Pradesh. Services were also severely affected in Maharashtra, Bihar and Gujarat. In Delhi, a 12-member delegation met President APJ Abdul Kalam for about 45 minutes and placed their charter of demands

before him. But the meeting could not break the impasse with the doctors scaling up their agitation. Private hospitals were shut down and many markets were partially closed in support of the anti-quota agitation. Donations and support from all quarters kept trickling in at the central lawns of AIIMS. Buoyed by the success, students were busy preparing for the Maha-rally scheduled in the Capital on Saturday. In Shimla, the IMA bandh evoked overwhelming response as junior and resident doctors shut down Indira Gandhi Medical College and Dr Rajendra Prasad Government Medical College at Tanda (Kangra). The protestors lay siege at the commissioner's office and their march found support among several other educational institutions and traders' body.In Karnataka, medical services were suspended in Bangalore Medical College (BMC) and Government Dental College, while OPD services in Victoria and Vani Vilas remained shut to show solidarity with anti-quota sentiments. Taking their cue from Delhi's fortnight-long agitation, junior doctors said, "We will watch the situation in Delhi and the Government's response to demands put forward by the AIIMS students." (Pioneer 26/5/06)

Govt's apathy, not social inequality, responsible f or OBC backwardness (25) New Delhi : As the reservation versus affirmative action debate intensifies, there are indicators that one of the main causes of backwardness of OBCs in education is the Government's apathy in meeting its commitment, and not social inequality. A case in point is the failure of the Government to even pay scholarships to the deserving OBC students to excel in studies. Take the case of the ambitious pre and post-matric scholarships that are aimed at providing level-playing field to the OBC students in pursuit of quality education. Union Social Justice and Empowerment Ministry needs around Rs 350 crore to meet the demand, but it disburses only around Rs 45 crore annually among 15 lakh students. The funds crunch has left the schemes floundering and created a situation which has been exploited by the votaries of reservation politics to push in their agenda in the sphere of education. "We need Rs 100 crore more to meet the demands under pre-matric scholarship scheme against Rs 20 crore. Similarly, Ministry needs Rs 250 crore annually to meet the post-matric demands from across the States. At the moment, Ministry disburses Rs 25 crore through State Governments among around 1.53 lakh students in different States," a Ministry official said. "There is also a need to increase the amount of scholarships under these schemes. Though this has been under consideration since long, nothing substantial has been done so far," Ministry sources said. Under the pre-matric scheme, the day scholars from Classes I to V get Rs 25 per month, Rs 40 for Class VI to VII scholars and Rs 50 for scholars of Classes IX and X. The hostliers get Rs 200 to Rs 250 per month. (Pioneer 26/5/06)

Talks with PM fail, medicos continue stir (25) New Delhi : A meeting of striking doctors with Prime Minister Manmohan Singh on Friday did not yield any solution in the ongoing impasse over reservation. However, the PM did say that no action would be taken against agitating doctors. Infact, Singh reportedly drew a blank when asked by students as to how would he be able to increase the number of seats in a few months given the magnitude of logistics. The meeting was attended by All India Institute of Medical Sciences (AIIMS) director P Venugopal, Health Secretary PC Hota and 12 representatives of the Youth For Equality group. "The Prime Minister has assured us that there will be no action taken against the agitating medicos at AIIMS," said Youth for Equality member Dr Vidya Nair.The medicos set aside rumours that the strike was being called off. The members had a two-hour general body meeting at AIIMS after meeting the Prime Minister where it was decided that the strike was still on until everything is provided to them in "black and white". "We will call off the strike only after all the legal aspects have been taken into account. Tomorrow we are going ahead with the rally," said a medico. On their demand for preparing a non-political judicial committee, the PM answered: "The atmosphere is not conducive for that at the moment." The medicos, however, took solace in the fact the PM assured that quota would not be increased to more than 50 per cent in the future. The students were busy preparing for the maha rally scheduled for Saturday evening. The central lawns at AIIMS bore a deserted look on Friday. Majority of the medicos were busy fanning out pamphlets at traffic intersections in buses and in market places. (Pioneer 27/5/06)

Prescription ready Six new AIIMS before ‘08, (25) NEW DELHI, MAY 27:To get the protesting students to climb down, the Centre today laid out specifics of its medical education seat expansion plans: a Rs 3000-crore package to double the number of seats nationwide at the undergraduate (MBBS) level by 2008. Key to this plan is the fast-tracking of the six new All India Institutes of Medical Sciences. Scheduled to be ready in three years—as per a Cabinet approval

this March—it was decided to get them up and running in 18 months even if this means operating from rented facilities. Prime Minister Manmohan Singh discussed the plan with senior Health Ministry officials today who are expected to communicate this to the protestors who announced after a rally in the capital this afternoon that their strike would continue. Another round of talks between the protestors and the Government was expected tonight in a bid by the Government to defuse the protracted stand-off. What didn’t help matters were reports of an attempted self-immolation in the capital. Working on a two-year plan, the government hopes the stress on seats will not continue beyond the 2007-08 academic session. In two years, the target is to have about 2400 seats at the undergraduate level which is twice the number of available seats today. It’s learnt that the Prime Minister spoke to Deputy Chairman of the Planning Commission Montek Singh Ahluwalia today and asked him to line up the resources needed for this expansion. The assessment of the Health Ministry is that this is possible. AIIMS Director P. Venugopal also conveyed to the PM that the premier institute can increase intake from 50 to 90 as an immediate measure. But the government has to look beyond AIIMS and to this effect, the Health Ministry plans to set up a new undergraduate medical institute at Chandigarh in the short term to add to the number of seats. Sources said an in-principle decision for this has also been taken. (Indian Express 28/5/06)

Government gets tough with medicos (25) Fresh recruitment of doctors to begin soon "The Prime Minister is disheartened at the attitude of the medical students and has directed that the services be maintained at all cost.'' NEW DELHI: The Centre will depute doctors from the Army and the Railways to maintain health services if the striking doctors do not report for work on Wednesday in the wake of the Supreme Court observation asking the medicos to end their agitation. It will also shortly begin fresh recruitment of medical professionals. This decision was taken at a meeting between Prime Minister Manmohan Singh and Union Health Minister A. Ramadoss here on Tuesday soon after the apex court comments. "We do not intend invoking the Essential Services Maintenance Act [ESMA] but we will take a lot of steps from Wednesday to maintain medical services," Mr. Ramadoss told reporters after the meeting. "The Prime Minister is disheartened at the attitude of the medical students and has directed that the services be maintained at all cost,'' Mr. Ramadoss said, while adding that he was ready to talk to the students "anytime.'' The Minister said the fresh recruitments would not be ad hoc except those of the retired doctors who would be appointed on contract basis. "We have already issued memos to the striking doctors warning them of termination and decided to stop their salary for the time they are on strike. They can also count this period as break in service," he said. Taking serious note of some faculty members, particularly at the All-India Institute of Medical Sciences (AIIMS), "supporting" the strike, he said an oral warning had been issued and if they did not desist, a written one would be given. "There are some political interests also but I do not want to comment on them," he said. Doctors do have a right to express themselves but they cannot do it during duty hours, the Minister said. (The Hindu 31/5/06)

Apex court warns striking medicos (25) NEW DELHI: The Supreme Court on Tuesday asked the striking medicos to call off their agitation. A vacation Bench, comprising Justice Arijit Pasayat and Justice Lokeshwar Singh Panta, took up the matter suo motu, a day after it advised students to call off their protests. Medicos all over the country have been protesting against granting 27 per cent reservation for Other Backward Classes (OBCs) in Central educational institutions The Court said: "It has come to our notice that the strikes are continuing, notwithstanding the clear indication given by the Court in view of the fact that reservation for OBCs is being examined by this Court. "The protests and strikes relating to the issue should be called off. Surprisingly, the contrary is happening. Ultimately the people wanting to get treated in hospitals are getting affected," the Court said in a written order. Mr. Justice Pasayat said, "The matter is sub judice and according to Supreme Court judgments, no strike, protest, or agitation can be held on a sub judice matter. "If the students continued with the protests, it could amount to contempt of court. We are not concerned about the Government policy at this point but with the plight of people." The Court asked Additional Solicitor General Gopal Subramanium to submit a memorandum before it on Wednesday on whether the strikes were continuing. At a press meet, Mr. Subramanium urged the students to end their strike, as the Court had taken up the matter. "My short request to all striking doctors is that since the matter has been raised on a legal platform and the Court has taken note of their grievance, its expectation [that the strike be called off] should be taken care of, and its observation yesterday and order today should be complied with." (The Hindu 31/5/06)

Police, medicos face-off at AIIMS (25) New Delhi : A posse of policemen in plainclothes had laid virtual siege to the All India Institute of Medical Sciences (AIIMS) on Wednesday indicating an undercurrent of tension and a possible showdown. By late evening however, apprehension had given way to disappointment following the calling off of the 18-day-old strike by resident doctors.Earlier, late on Tuesday night, the agitating medicos sampled police ingenuity when one of the tents on the Central Lawns was dismantled. Though the tent owner Vineet Mittal dismantled the tent, he claimed that he did so at the behest of a top cop."The aim was to frighten them and give them a taste of the outcome of taking the law into their hands," said a senior police officer.From 11 pm onwards on Tuesday heavy police personnel started pouring in at AIIMS. Three companies of the Delhi Police were rushed to the spot hinting of a possible showdown with the agitating doctors.AIIMS had literally turned into a fortress by then. According to sources, cops had got "orders from above" to set the agitators straight.Deputy Commissioner of Police (South) Anil Shukla was also present at the spot and he had a meeting with the members of "Youth For Equality.""Had it not been for the presence of media at AIIMS they would have been forced out yesterday itself," said an officer.Wednesday also saw heavy police intervention. The main entry point at AIIMS were locked by the police to prevent the agitators from entering the premises.(Pioneer 1/6/06)

Resident doctors end agitation (25) NEW DELHI: Resident doctors of the All-India Institute of Medical Sciences and other hospitals in the capital on Wednesday evening called off their 19-day-old strike against the reservation policy. The decision, taken at a general body meeting of the resident doctors association, followed the Supreme Court's directive earlier in the day that they resume work or face contempt of court. Students of several medical colleges, however, said they would continue their protest against the proposed 27 per cent reservation for Other Backward Classes (OBCs) in higher educational institutions. A vacation Bench of the Court said, "The right to get treated is inseparable from the right under Article 21 of the Constitution. We required protests, strikes and demonstrations to be called off to avoid inconvenience to patients. The damage done to patients is sometimes irretrievable, but a strike can be remedied and issues examined." Union Health and Family Welfare Minister Anbumani Ramadoss said he was hopeful that normality would return to the hospitals by Thursday. "All those who join work will not be penalised but if anyone does not, termination notice will be served on him or her. Disciplinary action could be taken against those continuing the stir but this will be decided later." Health services in New Delhi were badly affected during the strike period and all efforts to pacify the agitators were in vain. Even the President and the Prime Minister had assured them that the seats in the general quota would not be affected as a result of the reservation. The agitation had spread to most parts of the country, with doctors and students demanding that the reservation proposal be scrapped and a non-political commission formed to review the reservation policy, among other things. (The Hindu 1/6/06)

I will uphold OBC rights: Arjun (25) New Delhi, June 1: Reiterating the UPA government’s commitment to protect minority rights, Union human resource development minister Arjun Singh on Thursday said it will leave "no stone unturned" in ensuring that the rights of minorities in India are protected and that they get what is legitimately due to them. Speaking at a reception organised by the Aligarh Muslim University Old Boys’ Association (AMUOBA) in Riyadh, the minister said that the minority character of the Aligarh Muslim University will be "protected beyond doubt". He also announced that a new examination centre will be opened in Saudi Arabia for the All-India Engineering Entrance Examination (AIEEE) from the year 2007. Elaborating on the initiatives taken by the government in improving minority education, Mr Singh said that the UPA government had set up a National Minority Education Commission and also constituted a National Monitoring Committee on Minority Education to ensure the educational advancement of minorities. Expressing hope that the issue of equivalence of degrees will cease to be a problem soon, Mr Singh described the Delhi declaration signed between India and Saudi Arabia recently as unparalleled in the history of Saudi Arabia. Mr Singh also made termed the problem faced by children of Indian expatriates as a matter of concern for both countries. Noting that the rights of minorities will continue to receive high priority from the government, Mr Singh also paid tribute to the memory of Syed Ahmed Khan, the founder of Aligarh Muslim University. (Asian Age 2/6/06)

PM presses pause on pvt job quotas (25) New Delhi, June 2:Its fingers singed firefighting the 27% OBC quota controversy, the government has decided to avoid picking up the other much larger hot potato—the Group of Ministers’ report on job reservations in the private sector. On May 18, the GoM, led by Agriculture Minister Sharad Pawar and set up in September 2004, sent its report to the Cabinet Secretariat that the Constitution needs to be amended to bring this about. It also admitted that a decision was beyond the GoM since it was such a sensitive issue and the allies needed to be brought into the loop. On May 28, the Cabinet Secretariat returned this GoM report to the Ministry of Social Justice, effectively delaying its consideration by the Cabinet. The reason, according to a government note: the Prime Minister’s office has asked the Ministry to “revise the present note, keeping in view the recent development.” That’s an apparent reference to the current quota debate and the decision to implement it along with seat upgrade in Central institutions. On several occasions, the Prime Minister has called for “voluntary action” by the corporate sector on affirmative action rather than imposing quotas. But given the charged political climate in the wake of the OBC debate, the government has chosen not to open a new can of worms—at least for now. Senior government sources said that now the GoM report can be sent to the Cabinet only after the Prime Minister’s views are considered as well. Sources said it’s not clear who will make the changes or what kind of changes will be made. Saying that “it is not possible to provide quotas without amending the constitution,” the GoM, set up in September 2004, had underlined: “The political desirability, political feasibility and legality of amending the constitution need to be carefully considered in consultation with UPA constituents.” (Indian Express 3/6/06)

Kids Born To SC/ST Mothers May Also Get Quota Benef it (25) New Delhi: Even as the heat generated by the HRD ministry's decision on quota extension shows no sign of abating, yet another ministry is finalising a blueprint that may have far- reaching consequences on quota politics. The social justice and empowerment ministry wants to grant the status of ( scheduled castes and scheduled tribes to children who have a non-SC/ST father but a mother who belongs to SC/ST category. At present, the father's caste determines the caste of the children since Indian society is largely patriarchal. Confirming the move, a senior ministry official said, A proposal to this effect will be placed before the Cabinet for approval shortly. It will allow the child of a non SC/ST father and SC/ST mother to claim all quota benefits, specially allowances. Though no survey has been undertaken yet to ascertain the number of such cases, demands for granting quota status for progeny of such parents have come in often. (Times of India 4/6/06)

Increase quota for SCs: Meira Kumar (25) New Delhi: In a move that may further fuel the quota controversy, the Social Justice and Empowerment Ministry is ``favourably'' considering raising reservations for Scheduled Castes from the existing 15 per cent to 16.23 per cent following the increase in their population. Social Justice and Empowerment Minister Meira Kumar said her Ministry also wanted the children of Dalit women who married out of their caste to get reservation benefits to ensure gender equality. ``We should increase the quantum of reservation for the SC in the wake of the increase in their population. I am favourably considering it,'' she said in an interview to PTI here. Kumar said this was necessary as the 2001 Census had put the Dalit share of population at 16.23 per cent, as against 15 per cent in the 1961 Census. Besides the increase in population, Kumar said as many as 68 more castes and one religion - Buddhism- have been included in the SC category, resulting in an increase in numbers. ``Therefore, it is justifiable to increase the quantum of reservation for the SC.'' she said. Sources said the ministry was working in this regard. A draft proposal for this points out that the quota, pegged at 12.5 per cent in 1953, was raised to 15 per cent in 1970 in light of the 1961 Census. The existing quota stands close to the limit at 49.5 per cent - 15 per cent for SC, 7.5 per cent Scheduled Tribes and 27 percent for Other Backward Classes, and the ceiling of 50 per cent set by the Supreme Court would be breached if the proposal was accepted. (The Hindu 11/6/06)

Muslims demand share in politics, jobs (25) Mumbai: Muslim groups on Sunday demanded reservations for the community in politics and jobs on the basis of population. A resolution to this effect was passed at the Maharashtra Muslim Convention, hosted jointly by the All India Ulema Council and Mumbai Aman Committee, at the Anjuman-e-Islam near Chhatrapati Shivaji Terminus here. The resolution said that besides the Parliament, state assemblies and councils, representation on the basis of population must be given to Muslims in the police, bureaucracy,

local bodies and private institutions. All India Ulema Council President Maulana Zahiruddin Khan said the muslim community had not been given proper representation since Independence. . Newly elected leader of the United Democratic Front Badruddin Kasmi said Muslims should not have a different political party. "It is not at all required. What is needed is that they should shake hands with the downtrodden, farmers, fisher folk and oppressed sections of society and demand proper representation. ," he added. Jamaat-e-Islami Hind Vice President Riyaz Khan noted that the interim report of the Sachar Committee had pointed out that 90 per cent of Muslims have not benefited from various schemes launched by the central and state governments. Renowned Islamic scholar Maulana Zillur Rehman Siddiqui said over 65 per cent of the Muslim population in the country lived below the poverty line. " We need to bridge this gap," he said. Khoja Shia Asna Shari Jamaat president Safdar Karmali said Muslims were being specificially targeted. (The Hindu 11/6/06)

Minister favours increase in quota for SCs (25) New Delhi, June 11: In a move that may further fuel the quota controversy, the social justice and empowerment ministry is "favourably" considering raising reservations for Scheduled Castes from the existing 15 per cent to 16.23 per cent, following an increase in their population. Social justice and empowerment minister Meira Kumar said her ministry also wanted the children of dalit women who married out of their caste to get the benefit of reservation to ensure gender equality. "We should increase the quantum of reservations for the SCs in the wake of the increase in their population. I am favourably considering it," she said in an interview to PTI here. Ms Kumar said this was necessary as the 2001 census had put the dalit share of the population at 16.23 per cent, against 15 per cent in the 1961 census. Besides the increase in population, Ms Kumar said as many as 68 more castes and one religion — Buddhism — have been included in the SC category, resulting in an increase in numbers. A draft proposal points out that the quota, pegged at 12.5 per cent in 1953, was raised to 15 per cent in 1970 in light of the 1961 census. The existing quota stands close to the limit at 49.5 per cent — 15 per cent for SCs, 7.5 per cent for STs and 27 per cent for OBCs — and the ceiling of 50 per cent set by the Supreme Court would be breached if the proposal was accepted. (PTI) (Asian Age 12/6/06)

New fronts open in quota war (25) New Delhi : Quota within quota row in Andhra ---- Even as the debate rages on reservation in academic institutions and private sector employment, the beneficiaries of caste quota are busy fighting among themselves to corner maximum advantage. A case involving two powerful scheduled caste groups from Andhra Pradesh has compelled the Union Social Justice and Empowerment Ministry to act. The Madigas, the majority scheduled caste group in the State with a population of 68 lakh have accused the Malas, the second largest group of scheduled castes of usurping their share in reservation by grabbing all opportunities. The Union Ministry has decided to set up a committee headed by a retired judge of the Supreme Court to suggest ways to deal with such a problem. The fight for quota within quota simply brings forth the lacunas in the country's reservation policy that does not guarantee that the benefits of quota reach the needy first. If Madigas are the major beneficiaries in Andhra Pradesh, the Meenas in Rajasthan get away with the lion's share in the quota cake of STs. The case is more or less the same among OBCs where the creamy lot among Yadavs, Kurmis, Kushwahas and Lodhs in north India and their counterparts in south India usurp a major chunk of quota in jobs. In north India, Valmikis and Paswans are the major beneficiaries of SC reservation, while Musahars, despite being in a good number, always find themselves pushed against the wall. Despite the provision of the creamy layer, the benefits of quota have not percolated adequately to the needy at the grassroots level. "As the gap between the haves and have-nots among the reserved category groups of society continues to be wide, the demand for more and more quota within quota is inevitable," an official said. (Pioneer 13/6/06)

After quota, Centre mulls 22.5 pc budgetary share f or SC/STs (25) New Delhi : After quota in jobs and academic institutions for the scheduled castes and scheduled tribes, there is a proposal to earmark 22.5 per cent of the total budget for their welfare. The sub-group of Ministers on the budgetary allocation has agreed on the budgetary quota, a development that would open a Pandora's Box for the Centre already beleaguered on the quota issue. Defence Minister Pranab Mukherjee is the chairman of the sub-group on the budgetary mechanism for the scheduled castes' special component plan. Sources said Union Fertilisers, Chemicals and Steel Minister Ram Vilas Paswan raised the issue of 22.5 per cent quota for the SC/ST in the budget. "There was total unanimity over the

issue in the meeting on Tuesday," sources said. The day might not be far off when the OBC leaders too join the SC/ST bandwagon for 27 per cent share in the budget. At present, SC/ST have 22.5 per cent reservation in jobs and Government academic institutions. OBCs have 27 per cent quota in jobs, and the Centre now proposes to get them quota in Centrally funded academic institutions too. Talking to The Pioneer, Paswan said the Government would only ensure all round development of SC/STs by earmarking 22.5 per cent of the budget for their welfare. "The recommendation is in consonance with the spirit of the Government's objective behind setting up the Committee of Ministers on Dalit Affairs. There was total consensus on the matter in the meeting held." Paswan, who chairs the sub-group of Ministers on the basic amenities for SC/STs in the rural and urban areas, said: "Our sub-group of Ministers recently decided to develop all villages with 50 per cent SC/ST population as the Prime Minister's Model Villages. Every such villages will have all the basic facilities." (Pioneer 15/6/06)

OBC job quota move casts shadow over ‘casteless’ An damans (25) PORT BLAIR, JUNE 19:For years people of the Andaman & Nicobar Islands, some 1,000 kms from the mainland, have proudly described their Union Territory as a casteless Mini India. Indeed, official records of the ANI administration haven’t had Other Backward Class categorisations. But now a job reservation plan of the administration is creating a rift among islanders. The Andaman & Nicobar Commission for Other Backward Classes (OBC) has recommended the reservation of 38 per cent government jobs, to be shared by two broad groups: sons of the soil, and post-1949 settlers. The former are descendants of families of freedom-fighters incarcerated here by the British, and the latter are mainly Bengali Hindu groups resettled here by the government post-1949. Other groups given OBC status are the Moplahs of Kerala, the Karens, and the Bhatus, brought to the Andamans for labour. “The communities that have been included in the OBC list are those who came here for historical reasons, have been settled here by the government and don’t have any other Indian state to go back to. For them, the process of implementation of the recommendation is already underway,” said G.C. Joshi, secretary, Tribal Welfare Department of the ANI administration. About the others, he said: “Why did these people come here? They came here for leisure and started their own business and settled down. Their case is different from the settlers and they should not expect to get job reservations.” (Indian Exp 20/6/06)

‘Quotas a must for SCs & STs’ (25) New Delhi, June 23: Stressing that people from the marginalised sections were being denied the basic right to education, minister of social justice and empowerment Meira Kumar on Friday said the increasing representation of the scheduled castes and scheduled tribes in higher education is a must for the development of the country. Speaking at a function held here to felicitate awardees of the National Overseas Scholarship (NOS) Scheme, Ms Kumar said merit is not a natural phenomenon and that there is a need to create an environment where youth belonging to scheduled castes and scheduled tribes can become meritorious. Noting that there is no dearth of talent amongst the under-privileged and marginalised section of society, Ms Kumar said, "I have held a consistent view that for the scheduled castes or for that matter any other person belonging to a marginalised section of the society, it is not a question of lack of talent and capability but simply a question of non-availability of opportunity". (Asian Age 24/6/06)

Buddha tweaks quota: 9 schools for STs, 10% for gen eral students (25) Kolkata, June 28:At a time when the Centre’s focus is on reservation for backward classes in higher education, the Buddhadeb Bhattacharjee Left Front Government in West Bengal is treading a different path. It plans to set up nine model residential schools, which will be exclusively for Scheduled Tribe students, in districts with a fairly large tribal population. However, in a reverse quota system of sorts, 10 per cent of the seats will be reserved for other students, including those belonging to the general category. Confirming this, State Minister for Welfare of Backward Classes Jogesh Burman said: ‘‘A quota of 10 per cent seats will be made available for poor and meritorious students belonging to all other castes.’’ He added: ‘‘The government is setting up these schools to enhance educational standards of tribal students. It has sanctioned Rs 22 crore for the project.’’ The minister said the schools are expected to start functioning next year. ‘‘We will pay for food, clothing and all other needs of the students,” Burman said. He added that the government is working to separate the creamy layer of OBCs who get reservation. In West Bengal, there is 22 per cent reservation for Scheduled Castes, six per cent for Scheduled Tribes and 7 per cent for OBCs. (Indian Exp 2/6/06)

SC won’t stay HC order, says no to Andhra plea for Muslim quota NEW DELHI, JULy 5:The YS Rajashekhara Reddy government today made one last futile attempt to get its pet 5 per cent quota law for Muslims in the Andhra Pradesh sailing. Despite the Andhra Pradesh High Court quashing the law as unconstitutional and the Supreme Court refusing to stay the High Court order, the state government knocked at the apex court’s doors again to seek permission to admit Muslim candidates in various educational institutions for the current academic session under the controversial law. The bench of Chief Justice Y K Sabharwal and Justice C K Thakker was, however, not amused. The Court said allowing the plea would amount to staying the HC order that had struck down the law. The Supreme Court had, earlier, refused to stay the High Court order striking down the Andhra Pradesh Reservation of Seats in the Educational Institutions and of Appointments/ Posts in the Public Services under the State to Muslim Community Act, 2005. The Act provided 5 per cent reservation for Muslims in educational institutions and government jobs in the state. Reiterating its earlier order, the Bench clarified that status quo would be observed and those already admitted in educational institutions or employed with public offices under the impugned law would not be disturbed. (Indian Exp 6/7/06)

RJD too clamours for 'minority SC' quota (25) New Delhi : At a time when there is a rat race for appeasing the minorities through quota sops, the Rashtriya Janata Dal (RJD) of Lalu Prasad Yadav can ill afford to lag behind. Union Social Justice and Empowerment Ministry is now under pressure from the RJD to include Dalits among Muslims and Christians in the list of Scheduled Castes so that they could also reap the benefits of quota. According to the Ministry sources, Social Justice and Empowerment Minister Meira Kumar has received a letter from the senior RJD leader and Member of Lok Sabha Ram Kripal Yadav, asking the Ministry to treat Muslim and Christian Dalits as the Scheduled Castes. According to a rough estimate, the SC population would shoot up to 22 per cent if Dalit Muslims and Christians are added to the SC list. "RJD leader has argued that Dalits among Muslims and Christians would be brought into the mainstream of the society only after according them the status of SC, which would enable them to avail the benefits of several welfare schemes meant for them. Ministry has not yet taken any decision in this regard," an official said.Lok Janshakti Party president and Union Fertilisers, Chemicals and Steel Minister Ramvilas Paswan on Tuesday favoured to earmark 8 per cent quota for the backwards among Muslims within 27 per cent OBC reservation in the institutes of higher learning. "The Government can give 8 per cent quota to the backwards among Muslims," Paswan said. (Pioneer 19/7/06)

Now class, not caste: Centre sets up panel to work out quota for poor (25) NEW DELHI, JULY 21:Seeking to extend benefits of reservation to economically weaker sections among the upper castes, the Union government has constituted a Commission for Economically Backward Classes. The commission’s recommendations will be applicable for those who are ‘‘not covered under the existing reservation policy,’’ a notification by the Ministry of Social Justice said. Major Gen (Rtd) S R Sinha is the chairperson, Narendra Kumar is member and Mahendra Singh, member-secretary. For the UPA government, this move is expected to blunt the upper-caste anger against expanding reservations to areas such as higher education. ‘‘The commission would elicit the views of the state governments, Union Territories ... suggest criteria for identification of economically backward classes, recommend the welfare measures and quantum of reservation in education and government employment...,’’ the notification said. Just before the 2003 Rajasthan assembly elections, the then chief minister Ashok Gehlot had announced 14 per cent reservation for economically weaker upper castes, and demanded the NDA government at the Centre do the necessary constitutional amendment. The NDA responded by forming a commission that never submitted its report. (Indian Express 24/706)

Bihar CM backs dalit Muslim reservation (25) Patna, July 25: Bihar chief minister Nitish Kumar has backed the idea of reservation for dalit Muslims in government jobs and education. Talking to reporters in Patna, the senior JD(U) leader said his party was of the opinion that, like the scheduled castes, backward and poor Muslims also need reservation. Mr Kumar was making a statement against the backdrop of Bihar minorities welfare minister Manzar Alam’s remark that there is no need for reservation for backward Muslims. "It could be his (the minister’s) personal opinion. What I feel is that backward and poor Muslims need special privileges to come at par with other sections of society," Mr Kumar said. Mr Kumar also made it clear that his government has no

problem if the Centre decides on reservation for backward and poor Muslims in government jobs and education. "We would be the first to accept it," he added. He said similar provisions should also be made for Christians. On the Bihar State Minority Commission, Mr Kumar said his government is planning to reconstitute the body soon. The Bihar government had dissolved the commission a few days ago saying it had failed to achieve its goals. "Those working for the upliftment of the minority community will find places in the commission," he said. He also announced that the State Haj Committee would be reconstituted. Human resources development secretary M.M. Jha had been asked to examine the complaints of madrasa boards and redress their grievances at the earliest. (Asian Age 26/7/006)

Govt tells SC: undecided on pvt job quota (25) NEW DELHI, JULY 25:The UPA Government has told the Supreme Court that it has not yet firmed up any policy on job reservation in the private sector. “Such a policy for reservation in employment in the private sector has not even been formulated,” the Government said in its much-anticipated counter affidavit filed before the Supreme Court today in response to a petition challenging the move to grant 27% OBC reservation in Central Educational Universities. The Centre was responding to concerns raised by petitioner Ashoka Kumar Thakur who referred to a speech by the Union Commerce Minister Kamal Nath. On this the affidavit, a copy of which is with The Indian Express, the Government qualified the Minister’s remarks. “There are various options which does not preclude reservation but that (reservation) is not the only option...there is no policy decision as yet in regard to reservation in respect of employment in the private sector of the economy.” It also said the petitioner was unjustifiably highlighting the issue of reservations for employment in the private sector “even though such a policy has never been formally proposed by the Central Government.” In the same affidavit, the Centre avoided any direct reply to the SC’s query to explain how and why 27% reservation was being proposed for OBCs. It said the question had already been settled by the court in many cases starting with Mandal. Thakur had claimed that the Mandal Commission’s finding that OBCs made up 52% of the population was “fictitious”. And that the National Sample Survey Organisation (NSSO) and National Family Health Survey (NFHS) statistics put the figure of OBCs at 36 percent. The government rejected this saying the purpose of both surveys was not to ascertain the number of SC/STs or OBCs. (Indian Express 26/7/06)

'Chauhan for consensus on 50 p.c. quota for women ( 25) BHOPAL: The Madhya Pradesh Chief Minister Shivraj Singh Chauhan announced at the first Mahila Panchayat held here on Sunday that reservation for women in local bodies would be increased from 33 per cent to 50 percent if there was consensus among the women participants. Representatives of Panchyati Raj institutions, chief functionaries of self help groups, and anganwadi workers were prominent among those who attended the Mahila Panchayat. Inaugurating the Panchayat, the Chief Minister said there would be gender budgeting from the next financial year to ensure that women, particularly those belonging to the Scheduled Castes and Tribes get the benefit of the beneficiary-oriented schemes. He announced the Surakshit Kanya Yojana under which Rs. 1 lakh would be deposited in the name of poor girls till they attain the age of 21. Speaking on a range of gender issues, the Chief Minister announced that there would be a special desk in select urban police stations to enable women lodge complaints. The plan is to have such special desks in all police stations across the State, he said, adding that adequate arrangements would be made to protect witnesses, especially women, and all steps would be taken to ensure that the culprits get punished. He said that those giving information about female foeticide would be given a cash reward of Rs. 10,000. He also announced that 10 per cent posts in the police force would be reserved for women and said that a proposal to launch a "Helpline for Women" was under consideration. The Chief Minister said that all steps would be taken for advancement of women and there would be adequate budgetary provision to meet this objective. He gave the assurance that the honorarium for Anganwadi workers would be increased and women's Self Help Groups would be provided necessary assistance. ……….(The Hindu 31/7/06)

Quota for backward classes, not one caste: HC (25) ALIAHABAD, Aug. 4: In a significant verdict, the Allahabad High Court today said reservations provided under Clause four of Article 16 of the Constitution should favour backward classes and not a particular caste. Once a caste satisfies the criteria of backwardness, it becomes a backward class for the purposes of Article 16(4), a Division Bench comprising Mr Justice Amitava Lala and Mr Justice Sanjay Mishra ruled. The court said there is no reli gious restriction among backward classes. For inst ance, Banjara, as defined

in the Constitution definitely referred to all and not a par ticular religion, it said. The judgment came in response to a writ petition filed by Mr Moazzam All, who chal lenged the cancellation of his nomination to contest elections for the local vil lage panchayat from a con stituency reserved for peo ple of backward classes. Mr Ali was a candidate under the Scheduled, category of Banjara and filed his nomination 'after' obtaining the requisite certificate from the teshildar. However, his nomination was cancelled by authori ties on the plea that he was a Muslim and therefore his , candidature as a Banjara could not be accepted as they belonged only to the Hindu community. Allowing Mr All's petition and quashing the rejection order, the court. observed: "A caste is nothing but a social class - a socially homogeneous class. It is also' ah. occupational, grouping, with this difference that its membership is hereditary. One is born into it, its membership is invol untary." "If we take an overall out look in respect of historical background, Constitution, judicial interpretation, rep ort of the commission and understand the intention of legislature clearly, we shall get the answer that nomen clature under the item Banjara in the Schedule was never made to incorporate only one religion. 'For the "sake of argument, if we accept the logic that the Banjara under the schedule is made only for one religion, then where the Banjaras of other religion will be placed? There is no nomenclature in the Schedule. If not, canjt be said they will be ousted even from the class? Our answer is 'no'. Any conclu sion which will lead to an absurdity or create any-dangerous situation, should not be encouraged," said the Bench. (Statesman 5/8/06)

Karunanidhi Writes To PM, Demanding One-Shot Implem entation (25) New Delhi: Divisions within the UFA on reservation for OBCs seem to be widening by the day. After last week's acrimony among senior min isters on quotas comes the latest sal vo from DMK chief M Karunanid-hi, asking Prime Minister Manmo-han Singh to "respect and respond to the people's mandate by imme-diately extending reservation to OBCs at all levels and in all insti tutions under the government of In dia without any dilution". Given that Karunanidhi almost pulled out of the UFA on the disin vestment issue and forced the PM to put privatisation on hold, his let ter to the PM, dated August 4, is bound to weigh heavily on the gov ernment. He has also told the PM that "recently, TN assembly has unanimously passed a resolution for immediately implementing 27% reservation for OBCs in all educa tional institutions of government of India by bringing an ordinance in this regard". "The Union government should not allow the unjust demand of the anti-reservationists, who form 5-10% of the population of India. They suggest phased implementation of reservation for OBCs, ap plication of creamy layer concept and increase in the seats for gener al category. I am of the firm opin ion that if these demands are ac cepted, it will amount to preferen tially empowering the empowered, at the cost of oppressing the op pressed. It is strange that the creamy layer concept was not applied to the unreserved category till date.. .these demands are entirely unconstitu tional and unethical," he writes. The letter comes days after a meeting of the Union cabinet saw all members, with the sole excep tion of HRD minister Arjun Singh, favouring a staggered rollout of quo tas. Subsequently, railway minister Lalu Prasad and steel minister Ramvilas Paswan also argued in the same vein. (Times of India 6/8/06)

Legislation on reservation for Christians, Muslims coming (25) CHENNAI: The State Government would bring out legislation on reservation for Christian and Muslim religious minorities in all educational institutions and employment, Minister for Backward Classes M.R.K.Panneerselvam told the Assembly on Monday. Intervening in the debate on the demand for grants for Backward Classes (BC), Most Backward Classes (MBC) and Minorities Welfare, he said the issue of providing the religious minorities quota was referred to the State Backward Classes Commission before enacting the law. S.M.Velusamy (AIADMK) raised doubts about the possibility of enacting the law, as the Government had extended the term of office of the reconstituted Tamil Nadu Backward Classes Commission to two years, though the panel constituted by the previous AIADMK Government had fixed the term for one year. Minister for Environment T.P.M. Mohideen Khan said the AIADMK, which now pleaded for reservation for the minorities, had opposed the Andhra Pradesh Government's move to extend the quota system for Muslims. Congress Legislature Party Whip Peter Alphonse said religious minorities were deprived of their rights and freedom during the AIADMK rule. When AIADMK Members were on their feet protesting against his remark, Chief Minister M.Karunanidhi intervened to say that the main opposition could express its view after Mr. Alphonse completed his speech. Bader Sayeed (AIADMK) asked how the DMK Government could implement the proposed legislation on reservation for the minorities against the backdrop of the stand of the Centre, of which the ruling party is a constituent,

that it would not extend reservation to Muslims in education or government service. She dared the Chief Minister to announce that his party would withdraw support to the Centre on the issue. (The Hindu 8/8/06)

Both quota Bills will enter House, then go to commi ttees (25) NEW DELHI, CHENNAI, August 10:The two quota bills prepared by the HRD ministry—one for state-funded and the other for unaided institutions—will go to Parliamentary standing committees after their introduction in the current session. “The UPA commitment is to have reservation from the next academic session. The Bills can be passed in the next session of Parliament to achieve this,” a senior Cabinet minister said. Meanwhile, MPs of Tamil Nadu’s ruling Democratic Progressive Alliance (DPA) today met Prime Minister Manmohan Singh and urged him not to dilute the proposed OBC quota in higher-education institutions. Congress members from the state were also part of the delegation. Sources in the DMK-PMK combine said that the Prime Minister told them that the Government was committed to implementing the quotas but “we are in a coalition, we cannot force anybody.” He also reportedly pointed out the difficulties in increasing the number of seats and upgrading facilities in institutions like the IITs right away without compromising standards of excellence. With the HRD ministry’s draft quota bill allowing for staggering of the quotas, the meeting with the PM was more about political posturing and is unlikely to lead to a situation similar to the one on Neyveli disinvestment, according to a UPA leader. A memorandum submitted to the PM by TN MPs said, “This quota was likely to result in the overall development of OBCs and bring them at par with other communities,” and urged the PM to implement it from the next academic session. Meanwhile, RJD chief and Rail Minister Lalu Prasad Yadav said “all aspects of quota are under consultation within the UPA,” and the alliance will take a “united” view soon. Refusing to join issue with PMK chief Ramadoss who accused Lalu of “wavering” on the issue, Lalu said he was “not in a race to be champion of any cause.” “My party and the UPA are committed to reservation for OBCs. Consultations are on overcoming the practical difficulties,” Lalu said. (Indian Exp 11/8/06)

Draft Bill gives 3-year window for OBC quotas, exem pts ‘specialised’ courses (25) NEW DELHI, AUGUST 12:No quotas in higher-education specialised courses in both government-aided and unaided institutions, allowing up to three years to implement the 27% OBC quotas, keeping minority educational institutions out of the quota net. These are the key provisions of the two draft quota Bills—one for aided, the other for unaided institutions—prepared by the Human Resource Development Ministry. After taking the views of other Ministries, the Bills will be introduced in Parliament this session and then sent to standing committees. Obtained by The Sunday Express, the Bill excludes from the ambit of reservation, “a course or programme at high levels of specialisation including at the post-doctoral level.” Significantly, this exemption was not in the two earlier drafts of the Bill. The exempted courses will be notified by the Centre “in consultation with the appropriate authority.” While the Bill mentions 2007 as the year for the quota implementation, for the first time, it also addresses, in specific terms, the question of staggering the implementation and maintaining the number of seats in the unreserved category at its present levels. The draft says each Central institution will “increase the number of seats...so that the number of seats excluding those reserved...is not less than the number of such seats available for the academic session immediately preceding the date of the coming in to force of this act.” And if any institution cannot achieve the 54 percent required increase in intake in one year for “financial, physical or academic limitations,” it may be permitted to “increase the annual permitted strength over a maximum period of three years beginning with the academic session commencing in the calender year 2007.” ……… (Indian Express 13/8/06)

Job quota in private sector: Ball in PMO's court (2 5) New Delhi : The quota for Scheduled Castes and Scheduled Tribes in the private sector has hit the roadblock with the Prime Minister's Office (PMO) dilly-dallying in sending the 'suggestions' to be incorporated by Union Social Justice and Empowerment Ministry in the final draft on the issue. The Ministry had earlier sent a draft note to the PMO through the Cabinet Secretariat, detailing the developments having taken place so far. The PMO sent back the note to the Ministry, saying the draft needs to incorporate certain suggestions and changes. The Ministry sought the clarifications from the PMO on the required changes, and has been awaiting the reply for two months. "The SC/ST quota in the private sector is proving to be more a pipedream than a commitment. The Ministry's hands are tied-up. Until and unless the PMO clears the suggestions to be incorporated in the final draft, the Ministry cannot further pursue the matter. The ball continues to be in the court of the PMO," a ministry official said. Even

the replies of Union Social Justice and Empowerment Minister Meira Kumar to the quota related questions in the Lok Sabha in the past two years are only suggestive of the government's non-seriousness about implementing the quota. Currently, the Ministry is awaiting suggestions from the Prime Minister's office (PMO) to be incorporated in the draft note to be tabled before Cabinet for further consideration. Replying to a starred question of Giridhari Yadav and Mansukhbhaid D Vasava about the progress in the matter of quota in the Lok Sabha on July 27, Kumar said the matter of quota in the private sector was still at the level of consideration. ……. (Pioneer 17/8/06)

OBC quota Bill gets Cabinet nod (25) New Delhi: The Union Cabinet on Monday night cleared a Bill providing 27 per cent reservation for other backward classes (OBCs) in Government-aided institutions of higher education from the next academic year without creamy layer concept. Announcing the decision after a two-and-a-half hour debate in Cabinet, Parliamentary Affairs Minister PR Dasmunshi said the Bill would be introduced in Parliament before its ongoing Monsoon session ends on August 25. He, however, hedged when asked by what date he expects the Bill to be passed, saying, "The issue is to be decided in the House." Though Dasmunshi refused to divulge the details of the legislation claiming privilege of the House, sources indicated that the Bill envisaged staggered implementation of the quota regime, much to the chagrin of HRD Minister Arjun Singh and UPA's Southern allies like the DMK and the PMK. The Parliamentary Affairs Minister in his post-Cabinet briefing did not spell out the details of the quantum of reservation. But sources indicated that it would be "up to 27 per cent" for OBCs and combined with the quota for SCs and STs. Monday's Cabinet decision caps a bitter controversy triggered six months ago by HRD Minister Arjun Singh's statement on reservation in these institutions that sparked agitation by medicos in the capital and elsewhere. The move was stalled due to impending Assembly elections in West Bengal, Kerala, Assam, Tamil Nadu and Pondicherry. A mass agitation by students of the country's medical colleges and engineering institutions subsequently forced the Government to set up an Oversight Committee under former Karnataka Chief Minister M Veerappa Moily to prepare the roadmap for implementation of the reservation proposal. The Moily Committee was also asked to ensure that the interests of general category students and the need for excellence in the country's premier institutions of learning were not undermined. (Pioneer 22/8/06)

Quota as affirmative tool has failed: Report (25) New Delhi: More than 13 years after the implementation of the Mandal Commission report, the Government's quota policy has turned out to be an abysmal failure. The latest Government statistics leads to the startling conclusion that quota as an affirmative action may need serious consideration. The figures show that other backward classes (OBCs) account for only 3.9 per cent of the Central Government services, notwithstanding 27 per cent quota for them since 1993. The report assumes significance in the backdrop of repeated demands by various social groups that the Government should review the impact of quota as an affirmative action. The figures with the Union Social Justice & Empowerment Ministry put the share of OBCs in Group 'A' services at 3.9 per cent. There are only 3,090 OBC officials in this category, an eye-opener for the proponents of the quota policy as an affirmative means to bring parity in society. The Department of Personnel and Training compiled the statistics. "Even after 13 years of quota for the OBCs in Government jobs, their percentage is far below 27 per cent. Since the social, economic and academic status of OBCs are much better than that of the scheduled castes and tribes, their share in the jobs should have been much better," a senior Social Justice and Empowerment Ministry official said. "The figures suggest that there are serious chinks in the Government's reservation policy. It is either not being effectively implemented or there is a shortage of suitable candidates among OBCs, who could make it to the competitive examinations. At this rate, the quota as an affirmative tool would lose its relevance," the official added. In the Central Government's Group 'B' services, the OBCs account for only 2.3 per cent. There are only 3123 OBC officials in this category, while in Group 'D' category, there are 1,06,309 officials accounting for 5.2 per cent…………. (Pioneer 4/9/06)

Review quota regime after 5 years: panel (25) NEW DELHI: Members of the Oversight Committee have proposed a review of the OBC reservation regime after five years and again at the end of a decade of implementation, chairman Veerappa Moily said on Wednesday. He was talking to newsmen here after the committee finalised its report. With the Central Educational Institutions (Reservation in Admission) Bill, 2006 providing for staggered implementation of reservation over a maximum of three years, the committee turned down the request of the Indian Institutes

of Management (Ahmedabad and Indore) for time of an additional year to roll out the new quota scheme. All central institutions other than those run by minority communities would have to begin reserving seats for Other Backward Classes from the next academic year. Though each institution seeking a phased introduction would have to make a representation to the Centre — citing financial, physical or academic limitations — and a decision would be taken in consultation with the `appropriate authority,' the panel suggested a quantum for every year. As the new reservation regime envisages a 54 per cent increase in intake over three years, the committee suggested an annual increase of 18 per cent. "We have left the creamy layer issue to the Government. Though we said in the interim report that we would take a view on the issue in the final report, we are not making any reference [to it]," Mr. Moily said. The committee estimated that the new reservation regime would cost the exchequer Rs. 17,200 crore over the next Five-Year Plan. As for expansion plans, the committee suggested that three more IIT-like institutions be set up to meet the demand for quality technical education. In particular, it suggested the Indian Institute of Information Technology model, which "has proved immensely successful." Besides, the committee called for setting up three more IIMs. (The Hindu 28/9/06)

"No final decision yet on OBC quota" (25) NEW DELHI : The Centre has told the Supreme Court that it has not taken any final policy decision to provide a 27 per cent quota for Other Backward Classes in higher educational institutions. It has also ruled out a separate quota for Muslims. In its response to a petition filed by Ashoka Kumar Thakur challenging the 27 per cent quota for the OBCs, the Centre said: "There is as yet no final decision in regard to a policy of reservation in matters of admission in institutions under the Central Government and that any such decision can be implemented, in terms of the requirement of Article 15 (5), only by an appropriate law to be enacted by Parliament." Denying that it was contemplating a separate quota for Muslims, the Centre said: "A policy allowing for reservation based on religion would violate the fundamental right to equality enshrined in the Constitution. As a result, reservation for Muslims alone would be squarely discriminatory. The existing and any proposed reservation policy therefore envisages reservation for all castes/classes that are socially and educationally backward, regardless of religious of religious faith." The Centre also denied that there was a move to bring more communities under the OBC list. It would be the same as the existing list of 27 per cent reservation in vacancies in civil posts and services. This had already stood judicial scrutiny in the Mandal Commission judgment and there was no need or justification for a fresh list of OBCs. Justifying the policy to provide reservation, the affidavit said: "The Centre and various State Governments have found caste, apart from other categories such as disability, to be a reasonable basis for determining who must benefit from reservation. The socially and educational backward castes are therefore universally recognised as being in dire need of reservation to undo centuries of prejudice and inequality." (The Hindu 17/10/06)

Exclude creamy layer among SCs, STs: court (25) New Delhi: A five-judge Constitution Bench of the Supreme Court on Thursday held that the "creamy layer" among the Scheduled Castes and the Scheduled Tribes must be excluded from the purview of reservation in public employment and promotions. It held that the total reservation for the SCs and STs and Other Backward Classes must not exceed 50 per cent. The Bench comprising Chief Justice Y.K. Sabharwal, Justice K.G. Balakrishnan, Justice S.H. Kapadia, Justice C.K. Thakker and Justice P.K. Balasubramanyan was upholding the validity of the 77th, 81st, 82nd and 85th Constitution Amendments on reservation to the SCs and the STs in promotion in government employment by introducing Articles 16 (4A) and 16 (4B). The Bench, however, said that since Article 16 (4A) was only an enabling provision, "the State is not bound to make reservation for the SCs and the STs in matter of promotions. However, if they wish to exercise their discretion and make such [a] provision, the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance with Article 335 [claims of the SCs and the STs to services and posts]." The Bench said: "it is made clear that even if the State has compelling reasons, the State will have to see that its reservation provision [for recruitment] does not lead to excessiveness so as to breach the ceiling limit of 50 per cent or obliterate the creamy layer or extend the reservation indefinitely." The 77th Amendment relates to providing reservation to the SCs and the STs in promotion. The 81st Amendment permits the State to treat separately the backlog vacancy for the reserved categories and not count them for the purpose of applying the 50 per ceiling of backlog vacancies both at the entry level and promotion to be filled in a year. The 82nd Amendment permits the State to relax the qualifying marks for the SCs and the

STs in any examination. The 85th Amendment provides for giving them consequential seniority in promotion. (The Hindu 20/10/06)

When it comes to enrolment in schools, Muslims trai l even SC/STs: Sachar panel (25) NEW DELHI, OCTOBER 22: For perhaps the first time since Independence, Muslims in India may be actually scraping the bottom of the education barrel, falling even below Scheduled Castes and Scheduled Tribes when it comes to enrolment in literacy schools. This finding, which has the potential to affect the discourse on reservation in education, forms part of the report of the Sachar Committee, the Prime Minister’s panel mandated to prepare a report on the social, economic and educational status of Indian Muslims. It’s now putting the final touches on its report scheduled for submission on October 31. The Indian Express has learnt that some of the findings of the Sachar Committee reveal that when it comes to education, key to overall advancement, the Muslims could very well be the new SC/STs of India. When broken up between Rural and Urban, Male and Female Ratios, over the time period 1965 and 2001, the Committee has found that in all cases, the rate of improvement has actually meant that Muslims are lagging behind SC/STs. Take the case of Female Urban Enrolment in Literacy Schools Ratio. Despite the SC/STs in 1965 being only 40%, their percentage was approximately 83% in 2001. Muslims in the same category started at a percentage of 52% — much higher than SC/STs — but their percentage in 2001 was approximately 3% less than the SC/ST proportion, about 80%. Sources said one tangible change over the past 15 years has been large-scale rural-urban migration and that hasn’t helped the standard of living of Muslims at all. They infer that if there is one thing that can help turn the tide for 15% of India, it is education and getting onto the bandwagon of the opportunities that economic liberalisation has also unleashed since 1991. All governments and departments contacted came to the Committee’s assistance minus the Armed Forces which, after a big controversy about reserving places in the Army, refused to make its denominational details available. While sources maintain that they always knew of Muslim backwardness, what has come as a surprise is the fact of how consistently they lack representation in each and every field. In virtually all social and health indices, Muslims are way behind their Hindu and even Scheduled Castes and Tribes` counterparts, except in Infant Mortality Ratios and the Sex Ratio. (Indian Express 23/10/06)

Excess reservation will cause reverse discriminatio n, cautions Supreme Court (25) New Delhi: The Supreme Court, while holding that the `creamy layer' among the Scheduled Castes and the Scheduled Tribes be kept out of the purview of reservation, which shall not exceed 50 per cent, has cautioned the Government that excess quota will result in "reverse discrimination." "Equality of opportunity has two different and distinct concepts. There is a conceptual distinction between a non-discrimination principle and affirmative action under which the state is obliged to provide a level playing-field to the oppressed classes," said a five-judge Constitution Bench headed by Chief Justice Y.K. Sabharwal. "It is the equality in fact which has to be decided looking at the ground reality. Balancing comes in where the question concerns the extent of reservation. If the extent of reservation goes beyond the cut-off point then it results in reverse discrimination. Anti-discrimination legislation has a tendency of pushing towards de facto reservation. Therefore, a numerical benchmark is the surest immunity against charges of discrimination." The Bench said, "Reservation is necessary for transcending caste and not for perpetuating it. Reservation has to be used in a limited sense, otherwise it will perpetuate casteism in the country." Dealing with the extent of reservation, the Bench, quoting the Indra Sawhney judgment (Mandal case), said the 50 per cent rule should be applied, otherwise the open competition channel would get choked for some years and meanwhile general category candidates might become age barred and ineligible. (The Hindu 24/10/06)

Protect rights of creamy layer: Paswan (25) NEW DELHI: Union Minister and Lok Jan Shakti Party (LJP) leader Ram Vilas Paswan on Wednesday asked the Union Government to amend the Constitution to protect the rights of the creamy layer of the Scheduled Castes/Scheduled Tribes in reservation in public employment. Addressing newspersons here, Mr. Paswan called for the representation of the SCs and the STs in the higher judiciary and the setting up of a National Judicial Commission, which should have representatives of the SCs and the STs, other backward classes (OBCs) and minorities. The Union Minister said a five-member Bench of the Supreme Court last week passed the judgment for their exclusion. On the other hand, a nine-judge bench of the apex court "made it clear" in the Mandal judgment that exclusion of the creamy layer principle was

applicable only to OBCs. "So, in our view, the nine-judge order in the Mandal case is binding and the decision taken by the five judges cannot overrule it. The LJP demands that in view of last week's judgment, the Union Government should make necessary amendments in the Constitution," he said. In the light of the Supreme Court holding that Articles 15 (4) and 16 (4) of the Constitution are enabling provisions, the LJP leader demanded that it should be made mandatory for States to make the necessary rules to protect the rights of the SCs/STs. Article 15 (4) asks States to make special provisions for reservation of posts for advancement of socially and educationally backward classes of citizens or for the SCs/STs (The Hindu 26/10/06)

Creamy layer: BJP forms committee (25) NEW DELHI: A committee headed by the former Human Resource Development Minister, Murli Manohar Joshi, has been set up by the Bharatiya Janata Party to look into the gamut of issues related to reservation for Dalits, including the question of inclusion or exclusion of the "creamy layer" among Dalits from the quota. The decision was taken at a meeting of party office-bearers here on Thursday. The party took the view that under the United Progressive Alliance Government there had been an attack on reservation for Dalits. Two specific points were mentioned. One, for the first time the Government has kept the Scheduled Castes and Scheduled Tribes out from minority institutions, thus denying them a quota they have been enjoying in these institutions. Two, the Rangarajan Committee could be used to include in the Scheduled Caste/ Scheduled Tribe quota the converted Scheduled Castes — that is, those who had converted to Christianity or embraced Islam. This, the BJP argued would mean that the same pie would be shared by a larger group, thus diluting reservation for those who enjoyed them. The party is also against granting reservation to Muslims and Christians irrespective of their social status. (The Hindu 27/10/06)

Even if govt is employer, Muslims fall off job map (25) New Delhi, October 26: Muslims across India are severely under-represented in government employment, including PSUs, compared to the percentage of their population in a state. While this may not appear unusual given the overall poverty and lack of education in the community, the startling fact is that this under-representation is also evident — sometimes in more stark a fashion — in states where the political establishment has made Muslim welfare a key part of its charter. For example, West Bengal, which has had a three-decade uninterrupted Left Front government and where almost a quarter of the population is Muslim, has one of the lowest shares of Muslims in Government employment: just 4.2%. In Bihar and Uttar Pradesh, too, the numbers of Muslims employed in the Government are dismal — less than a third of their share of population. When it comes to Public Sector Units (PSUs), often discussed by parties as the “built-in economic safety net,” the figures are equally dismal. The highest percentage of Muslims in “higher positions” in state PSUs is in Kerala with 9.5 percent and the lowest is West Bengal which has reported 0 (zero) percent of Muslims in higher positions in state PSUs. These are according to figures supplied by the state governments themselves to the Prime Minister’s high-level committee, the Justice Rajinder Sachar Committee, which is working on a national survey of the social, educational and economic status of Muslims in India. The panel was scheduled to submit its report this month end but has asked for an extension and is expected to file it mid-November. Sachar’s findings, obtained by The Indian Express, show that there is no state where the representation of Muslims matches with their population share. Such figures, experts say, raise serious questions on the limits of “progressive politics.” “If this data is any kind of a benchmark, this not only nails the myth of appeasement, it also shows that the politics of batting for Muslims is limited to providing security and safety, and it has been unable to go beyond simply protecting their civil right to life,” said a senior member of the Sachar committee. “States like West Bengal have provided physical security to Muslims or states like Bihar and UP have politically empowered the backward castes, including Muslims, but this isn’t translating to a level playing field when it comes to jobs or economic progress.” ………… (Indian Express 27/10/06)

Top court questions new quota law (25) New Delhi, Nov. 1: The Supreme Court on Wednesday questioned the legislation on reservation which is included in the Ninth Schedule of Constitution. The top court is examining the scope of judicial review vis-à-vis the Ninth Schedule, which puts the laws under it out of the scope of judicial review. The nine-judge Constitution Bench wanted to know from the Centre whether the state can extend the limit of

quota from the benchmark of 50 per cent set in the Indra Sawhney case (Mandal case). Solicitor-general G.E. Vahanvati said in such a case it would be open to challenge to the effect that it did not destroy the basic structure of the Constitution. The de facto equality part of the concept of equality could be tested on the basis of basic structure theory. Mr Vahanvati submitted that the law put in the Ninth Schedule could be reviewed on the touchstone of the basic structure. The Supreme Court’s question came in the backdrop of the Tamil Nadu Act enabling 69 per cent quota for backward castes in the state. The solicitor-general said quotas could be extended to any percentage, but were open to challenge. He said, "The test for judicially reviewing the acts cannot be on the basis of mere infringement of the rights guaranteed under Part III of the Constitution." Mr Vahanvati told the bench, headed by Chief Justice Y.K. Sabharwal, "The acts placed in the Ninth Schedule can be reviewed on the touchstone of whether they destroy the essential feature of Constitution." Mr Vahanvati said it was well settled that judicial review of statutes, which are afforded protection under Article 31B, was not completely barred. He replied in the affirmative when the bench asked if he was certain that the law put in Ninth Schedule through Article 31B, irrespective of the fact it was other than those for land reforms, will be tested on the touchstone of basic structure. He argued that included Justices Ashok Bhan, Arijit Pasayat, B.P. Singh, S.H. Kapadia, C.K. Thakker, P.K. Balasubramanyan, Altamas Kabir and D.K. Jain. (Asian Age 2/11/06)

Manmohan: minorities must get fair share of jobs (2 5) NEW DELHI : Conceding that the benefits of developmental schemes had not "flowed equitably to the eligible sections among the minorities," Prime Minister Manmohan Singh on Thursday said they should get a fair share of the jobs in the State and Central Governments, besides in the private sector. Addressing the annual conference of the State Minorities Commissions here, Dr. Singh, the first Prime Minister to attend a function organised by the National Commission for Minorities, said: "The Indian state has the solemn obligation to protect [the] life and liberty of all citizens, particularly those belonging to the minority communities. Those who seek to disturb communal peace and harmony must be dealt with firmly.'' Dr. Singh said lack of access to the common school system was the main factor in the socio-economic backwardness of minority communities, especially Muslims and more specifically girls of the community. He said concrete schemes for setting up secondary and higher secondary schools in blocks and districts with a predominant Muslim population should be implemented for girls during X and XI Plans. Also, their access to professional education, particularly medical and engineering courses, should be enhanced. "India must remain a nation where pluralism and socio-religious variety are respected. In a pluralistic society like ours, national identity cannot be adjudged by any litmus test ... This nation does not belong to any single race, least of all to any group of religious extremists.'' Union Minister for Minority Affairs A.R. Antulay said Dr. Singh's presence at the meeting indicated the importance the Government attached to the minorities. Commission Chairman Hamid Ansari said: "It signifies a purpose, suggests an approach, indicates a willingness to hear — in this case a cry in which anguish and expectations alternate — and to redress." (The Hindu 3/11/06)

Jethmalani: quota law tones up Constitution (25) New Delhi: The Tamil Nadu Reservation Act providing for a 69 per cent quota does not violate the basic structure of the Constitution and hence cannot be subjected to judicial review, the former Union Law Minister and senior counsel Ram Jethmalani told the Supreme Court on Thursday. Appearing for Tamil Nadu, he told a nine-judge Constitution Bench, "the law [in fact] strengthens the basic feature of the Constitution" which was to raise the educational, social and economic standards of weaker sections. The Tamil Nadu law waschallenged on the ground that the creamy layer was not excluded and that reservation exceeded the 50 per cent ceiling fixed in the Indra Sawhney (Mandal) case, counsel said. "Whether there has been a breach of the basic features of the Constitution in this particular case is not a matter to be decided by this [nine-judge] Bench." At this juncture, Chief Justice Y.K. Sabharwal made it clear that the Bench was not going to decide the validity of the inclusion of individual laws and that it was concerned only with issues of Ninth Schedule (Article 31-B). Following this observation, Mr. Jethmalani did not stress this point further. But in his written submissions, he said, "protection of the weaker sections by special provisions made for their benefits is a basic feature of the Constitution. It carries out the pledge of the freedom movement to wipe out centuries of social oppression and humiliation and the resulting trauma of serious damage to the intellectual endowment of major sections of the society. The Tamil Nadu statute cannot be assailed on the suggested grounds." (The Hindu 3/11/06)

Centre can’t change SC/ST list (25) NEW DELHI, NOVEMBER 2: Against the backdrop of the ongoing quota debate, the Supreme Court has held that the Centre “cannot add or subtract to the list of scheduled castes and scheduled tribes”. A division bench of Justices Ashok Bhan and Markandey Katju in its judgment negated the claim of a person belonging to Lohar community, an OBC, that Lohars in Bihar were actually SCs. The bench held “neither the government nor the judiciary can add or subtract to the list of SC/STs”, but reiterated the “limited jurisdiction” of the courts to hold that the judiciary has jurisdiction “to the extent of finding out whether the community which claims the status as SC/ST, was... included in the schedule concerned”. “To that limited extent, the court would have the jurisdiction but otherwise, the court is devoid of power to include in or exclude from or substitute or declare synonyms to the SC/ST or parts thereof or group of such castes or tribes”, the apex court ruled. This decision will have a bearing on the ongoing cases, especially in the challenge to OBC reservation brought by Supreme Court advocate Ashoka Kumar Thakur whose main contention is that the government has notified “in excess” several communities as OBCs and that in several parts of the country, many higher castes have been included in the OBC/SC/ST list. As a solution, the SC in the instant case said the courts must “read the lists of scheduled castes and scheduled tribes under article 341 and 342 read with article 366(24) and (25) as they find them and accept their ordinary meaning”. Articles 341 and 342 prescribe the presidential notification for notifying SCs and STs and 366(24) and (25) give the definition of SCs and STs. Article 366 is titled “Definitions” including in its ambit 30 such definitions varying from “agriculture income”, “Anglo-Indian” to “Union Territories”. (Indian Express 3/11/06)

Another Minister, Soz, joins in: Have Muslim quotas for poorest, not creamy layer (25) New Delhi, November 13: Yesterday, it was Minority Affairs Minister A R Antulay who said Dalit Muslims should be included in the SC/ST category. Now his colleague in the Cabinet Water Resources Minister Saifuddin Soz has joined the debate arguing for Muslim reservation with the rider that it should be for those “minus the creamy layer in the community.” These views assume significance given that the Justice Rajinder Sachar committee is expected to submit its report to the Prime Minister on Friday. Its key findings, first reported in The Indian Express, paint a picture of under-representation of Muslims in virtually all sectors, including education and employment. Speaking to The Indian Express, Soz said: “We have to wait till the Sachar Committee submits its findings to the government and makes its recommendations formally. But as far as I am concerned, I believe the way ahead is affirmative action for Muslims in such a manner that it ensures upliftment of sections that live in abysmal poverty and are simultaneously the most backward, educationally and socially. That means the creamy layer amongst Muslims will remain outside the pale of the dispensation.” Soz said this was his “personal opinion” and he was yet to check if his party (Congress) was with him on this. When asked if increasing the number of Muslim communities in the list of OBCs was an option — several Muslim communities are already a part of the list of OBCs eligible for reservation — Soz said he felt that more than just Muslim OBCs needed reservations. “The vast numbers of poor and backward Muslims who were not OBCs need to be brought into the ambit of reservations,” he said. (Indian Express 14/11/06)

Creamy layer: Attorney General's opinion sought (25 ) NEW DELHI : The Group of Ministers (GoM) on Dalit Affairs has sought the Attorney General's opinion on the recent Supreme Court judgment, which held that the "creamy layer" among the Scheduled Castes and the Scheduled Tribes be excluded from the purview of reservation in public employment and promotions. "We have sought the opinion of the Attorney General before taking any decision on the issue," External Affairs Minister Pranab Mukherjee, who heads the GoM, told reporters after its meeting here on Tuesday evening. The GoM, constituted a day after the judgment was pronounced, is expected to meet again in a few days to decide on the next course of action. The Government, which wants the "creamy layer" also to benefit from reservation, could either move a larger Bench for a review or bring in a Constitution amendment. The GoM felt that the nine-judge Bench in the Indira Sawhney case (Mandal case) made no mention of exclusion of the "creamy layer" among the SC/ST and it was applicable only to the OBCs. Chemicals and Fertilizers Minister Ram Vilas Paswan, said the GoM was of the opinion that "best possible safeguards" would be taken to ensure that the "creamy layer" was included for purposes of reservation. A Constitution amendment was not ruled out. "The Government is committed to providing reservation to the SC/ST and the OBCs." Mr. Paswan also favoured early passage of the Reservation for SC/ST in Posts/Services Bill, pending with the Social Justice and Welfare Ministry. (The Hindu 15/11/06)

‘Caste, not class, basis for Muslim quota’ (25) NEW DELHI, NOVEMBER 14: Taking the view that caste transcends both religion and class as the primary source of discrimination in India, Janata Dal(U) president Sharad Yadav today came out strongly against moves to provide reservations for Muslims as a whole but at the same time demanded that Dalit Muslims and Dalit Christians should be constitutionally included in the Scheduled Castes category and benefit from existing quotas for SCs. In a statement that takes a very different view from both the BJP’s stance against religion-based reservations as well as from the pro-reservation statements by leaders such as Ram Vilas Paswan, the JD(U) president said those who were advocating quotas on the basis of religion or economic grounds were actually seeking to dilute the centrality of caste and undermine reservations for OBCs in particular. Without referring to the “creamy layer” controversy, Yadav also made it clear that his party would oppose any move to dilute quotas by citing class differences within OBCs. “Reservation is not an anti-poverty measure. It has nothing to do with the economic advancements of the beneficiary classes. It is a policy of positive discrimination to offset the discrimination that is institutionalised in the caste system. That is why the only criterion for reservation is caste,” the strongly worded statement said. In reply to questions, he reiterated that “reservation has nothing to do with (economic) empowerment; it is to do with a sense of belonging, of inclusion.” That is why demands that the reservations be extended to the poor among upper castes were equally untenable, he asserted. While sticking firmly to his Mandalite convictions on the importance of caste, Yadav — unlike his allies in the BJP — was also clear that the phenomenon of caste pervades not just to those who belong to the Hindu faith but to all religious denominations in India. (Indian Express 15/11/06)

Pvt sector gets till March for SC/ST data (25) New Delhi : As the pressure is mounting on the United Progressive Alliance (UPA) Government from various Dalit groups including MPs, the Centre has fixed March 2007 as the deadline for the industry to compile details to assess the share of Scheduled Castes and Tribes in the private sector jobs. The cut-off date for compiling the information is January 1, 2007. Since the organised private sector in the country employs around eight million people in the country, the SC/STs should account for over 17.6 lakh in the total jobs against the 22.2 per cent quota norm earmarked for them. "It is a calculated move on the part of the Government to force the industry to do more than what has been envisaged in the CII-ASSOCHAM action plan on affirmative action," sources in Union Ministry of Social Justice and Programme Implementation said. Sources said that a rough estimation did not put the share of SC/STs in the private sector jobs more than to five to six per cent. "It is the maximum estimation of the Ministry based on the feedback received from different industry players during interaction over the affirmative action," they added. The data compilation would prominently figure in the meeting of the TKA Nair Committee members and the representatives of leading industry organisations on November 15. A number of senior officials from various ministries would attend the meeting. All the companies registered either with the State or the Central Government would have to provide the break-up of SC/ST officials at the three levels - floor, lower and middle management, and top management level. The companies would also quote the total number of general category candidates at all the three levels. (Pioneer 15/11/06)

‘No creamy layer for SC/STs’ 11/16/2006 (25) Lucknow, Nov. 16: The UPA government is contemplating to introduce an amendment in the Constitution to enable exclusion of Scheduled Castes and Scheduled Tribes from the creamy layer formula. The Supreme Court had recently ruled that the creamy layer formula would apply to all categories availing benefits of reservation. Talking to reporters here on Thursday, Union minister for steel, chemicals and fertilisers Ram Vilas Paswan said that the Centre was serious about excluding the SC/ST categories from the creamy layer formula and a bill in this regard was likely in the Winter Session of Parliament. Mr Paswan, who is a member of the group of ministers, further said that his party felt that the private sector would not easily accept the reservation policy and the government should amend the Constitution, making it mandatory for the private sector to implement the policy. "Moreover, interviews in the private sector should not be conducted on basis of names of candidates. The candidates, preferably, should be given code numbers to escape bias in this sector," he said. The minister further demanded that dalit Muslims and dalit Christians should also be included in the SC/ST category since dalit Hindus, dalit Sikhs and dalit Buddhists were already availing the benefits of reservation. Talking about Uttar Pradesh, Mr Paswan said

that his Lok Janshakti Party would contest the Assembly elections as a coalition partner of the Jan Morcha. Appealing to the Congress to join the alliance, he said that a non-Samajwadi, non-BSP and non-BJP front should be formed in UP to provide a viable political alternative. "Muslims are losing faith in the Samajwadi Party and the dalits are disillusioned with the Bahujan Samaj Party and in such a situation, it is the duty of all secular, like-minded forces to come together on one platform and provide an alternative," he said. (Asian Age 17/11/006)

No creamy layer curbs for SC/ST: Centre (25) NEW DELHI: The Union Government has made it clear that the law as it stands does not leave the "creamy layer" of the Scheduled Castes and Scheduled Tribes out of job reservation or any other quota, including promotions and direct recruitment, to which they are entitled. Parliamentary Affairs Minister Priyaranjan Dasmunsi sees no need for legislation to counter the effect of the recent verdict of a five-Judge Constitution Bench of the Supreme Court in the quota case. Union Minister of State Suresh Pachauri said that according to Attorney-General Milon Banerjee, whom the Government asked to interpret the judgment, the words in the verdict on the creamy layer issue were "obiter dicta" and not the operative part. Secondly, an earlier nine-Judge Constitution Bench, in the Indra Sawhney case (Mandal case), said the creamy layer restriction did not apply to the Scheduled Castes and Scheduled Tribes. In any case, a five-Judge Bench could not overrule a nine-Judge Bench. The judgment in the Indra Sawhney case was the law of the land, the Minister emphasised. Mr. Dasmunsi and Mr. Pachauri said that in the light of this interpretation there was no need to bring in legislation on this issue (The Hindu 22/11/06)

"Law soon to keep SC/ST out of creamy layer" (25) LUCKNOW: Union Minister for Steel and Chemical Fertilisers and Lok Janshakti Party president Ram Vilas Paswan on Thursday said that the Central Government would introduce a Bill in the winter session of Parliament to keep the Scheduled Castes and Scheduled Tribes out of the creamy layer of reservation. Mr. Paswan told reporters that amendment should be brought in Article 15 (4) of the Constitution for extending the quota benefits in the private sector. The Minister said that candidates appearing for job interviews in the private sector should be allotted code numbers to rule out the possibility of favouritism in the selection process. Favouring reservation for Muslims and Dalit Christians, he said the Muslims should be allotted separate quota within the 27 per cent reservation for the OBCs. In reference to Uttar Pradesh and the coming Assembly elections, Mr. Paswan rooted for a non-BJP, non-Samajwadi Party and non-BSP alliance in the state. Stating that the LJP was a partner in the Jan Morcha Alliance of former Prime Minister V.P. Singh, he said the Congress should give a serious thought to the prospect of forging an understanding with the non-BJP, non-SP and non-BSP parties. (The Hindu 18/11/06)

Religion-based quota disastrous: BJP (25) Bangalore, Nov. 19: Leader of the Opposition in the Lok Sabha, L.K. Advani has declared that the BJP will fight tooth and nail if the UPA government introduces a legislation for religion based reservation. "It (religion-based reservation) is a perfect recipe for national disaster and could lead to another partition. The BJP will oppose this and would conduct a nation-wide campaign against the UPA government if it goes ahead with this myopic decision based on electoral considerations," Mr Advani said, while addressing a Rashtriya Suraksha Sankalpa rally organised by the Karnataka BJP unit. In his view, the constituent Assembly had debated this issue at length and in depth and arrived at an unanimous verdict against it. "The first Prime Minister of India, Pandit Nehru, Dr Ambedkar, Sardar Vallabhai Patel and many other stalwarts had strongly felt that religion-based reservation would be disastrous to the country and rejected it. I warn the UPA government that any such move will lead to a another huge mass movement in the country by the BJP," Mr Advani thundered. Accusing the Congress of using the Muslims for sordid electoral gains, Mr Advani said, "Of the 60 years of Independence, the Congress has ruled the country and most of the states for most of these years. So it means that Congress is responsible for the economic, social and educational backwardness of our Muslim brethern. Why is it that the conditions of the Muslims is worst in West Bengal where the Communists have been in power for nearly three decades and comparatively the best in Gujarat?" He appealed to the Muslim leadership to get the community out of the clutches of the pseudo-secularists such as the Congress and Marxists and concentrate on education and employment. (Asian Age 20/11/06)

Amendment bill is likely on creamy layer 25)

New Delhi, Nov. 19: The government is likely to go in for a Constitution Amendment Bill in the forthcoming Winter Session of Parliament to tide over the issue of creamy layer in the reservations for the Scheduled Castes and Scheduled Tribes. The government is in a bind over the Supreme Court order on the issue of creamy layer in reservation for SCs and STs. The matter assumes urgency as Assembly elections in five states, including the politically significant Uttar Pradesh, are round the corner. Dalits constitute a sizeable percentage of the population in UP. Parties have been suggesting that the reservation-related laws should be put under the Ninth Schedule of the Constitution to overcome adverse judicial scrutiny. A group of ministers on dalit affairs was constituted by Prime Minister Manmohan Singh to firm up opinion whether the matter should be referred to a larger bench or whether the Constitution should be amended. The GoM, headed by external affairs minister Pranab Mukherjee, met on November 14 and decided to seek the opinion of the Attorney-General. (Asian Age 20/11/06)

No creamy layer among SCs, STs: Banerjee (25)

New Delhi: By accepting Attorney General Milon K. Banerjee's opinion, the United Progressive Alliance Government seems to have set at rest the controversy generated by the October 19 Supreme Court verdict on putting a 50 per cent cap on total reservation and exclusion of the creamy layer among the Scheduled Castes and the Scheduled Tribes. The Attorney General is understood to have made it clear that the judgment by a five-judge Constitution Bench does not relate to the creamy layer among the SCs/STs in reservation and that the references to it are only observations. The Attorney General's opinion was sought by the Ministry of Personnel in the wake of the verdict, which stirred up a hornets' nest with major political parties and those espousing the cause of social justice coming out sharply against excluding the creamy layer and demanding an immediate Constitution amendment to rectify the situation. Some even wanted the Government to move a petition before a larger Bench, while some spoke of putting the laws on reservation in the Ninth Schedule to keep it away from judicial review. The Government set up a Group of Ministers headed by External Affairs Minister Pranab Mukherjee. It included Home Minister Shivraj Patil, Law Minister H.R. Bhardwaj, Social Justice Minister Meira Kumar, Tribal Affairs Minister P.R. Kyndiah, Labour Minister Oscar Fernandes, Chemical and Fertilizers Minister Ram Vilas Paswan and Minister for Personnel Affairs Suresh Pachouri. After discussions on the Law Ministry note, the GoM sought the Attorney General's opinion to decide the further course of action. In Mr. Banerjee's perception, in Nagaraj's case there was no issue for determination of the so-called creamy layer among the SCs and the STs. The observations on the creamy layer could not be said to be ratio of the judgment. According to him, `ratio' means a decision. There appears to be no reason as given in Nagaraj's case for the observations on the creamy layer insofar as what constitutes ratio decidendi (a decision). ………..(The Hindu 24/11/06)

Meira joins Paswan call for quota in judiciary (25) New Delhi : The debate over quota in judiciary on Tuesday received a fillip from Union Social Justice and Empowerment Minister Meira Kumar. Joining hands with Union Fertilisers, Chemicals and Steel Minister Ramvilas Paswan on the quota in judiciary, Kumar said that there were no two opinions so far as quota for the scheduled castes and tribes in the judiciary was concerned. According to Kumar, the Social Justice and Empower-ment Ministry in tandem with other ministries concerned was looking into the matter seriously. "The modalities have to be worked out in consultation with all other stakeholders, and hopefully things would take some concrete shape shortly," she said. Kumar, however, refused to field any questions about the prospects of quota in the private sector that has seemingly put on the backburner after Prime Minister Manmohan Singh set up a co-ordination committee under the chairmanship of his personal secretary TKA Nair to work out the modalities in consultation with the industry. Kumar, who has steadfastly been pursuing quota for SC/ST in the private sector, on Tuesday announced the institution of an award to be given to four non-governmental or other institutes annually for doing outstanding jobs in eradicating the blot of untouchability from the society. "All said and done, untouchability continues to be the root cause of atrocities against SCs and STs in the country. There is still a need to create more awareness about human rights among the discriminated groups of the society. The award aims to act as an incentive to the organisations engaged in addressing the problem of untouchability driven atrocities in the society," she said. Kumar made a suo motu statement to this effect in the Lok Sabha on Monday as well. The award

would be given from 2007 onwards. "The award would be given to four institutions from north, south, east and west in India," she told mediapersons while launching the four national awards. (Pioneer 29/11/006)

Education quota Bill passed in LS (25) New Delhi : A controversial bill that seeks 27 per cent of seats for students of Other Backward Classes (OBCs) in the Central higher education institutions in the country was passed unanimously in the Lok Sabha Thursday after the House rejected Opposition BJP's amendment to bring minority run institutions also under its ambit. Union HRD Minister Arjun Singh, however, tried to explain away the exclusion of the minority-run education institutions from its purview by saying that they had already been admitting dalits and weaker sections and there was no reason to believe they would not do so in future. The explanation evoked furious protests from the Opposition BJP Members led by BJP Deputy Leader VK Malhotra, who asked why minority-run educational institutions were being absolved of the onus of accommodating the Dalits and the OBCs. The Bill, officially known as Central Education Institutions (Reservation in Admission) Bill, 2006, is considered to be a path-breaking one for the OBCs who comprise nearly 50 per cent of the country's population. Although a parliamentary standing committee has recommended the creamy layer of the OBCs should be exempted from the quota, the Government decided to include them in the Bill. The committee was of the view that only if OBC seats remain vacant, should the creamy layer be allowed to take them. However, major allies of the Congress in the ruling UPA were against that idea. While the Bill extended reservation to all the OBCs listed by the Mandal Commission, it has exempted minority-run institutions from its purview. The Congress-led Government's decision to bring the legislation had created major controversy as medical students vehemently opposed the Bill. They held prolonged demonstrations, severely affecting health services in government-run hospitals, including the premier All India Institute of Medical Sciences in the national Capital, to protest the move. The nation-wide protests that lasted more than two weeks forced the Government to work out a compromise that while seats in the general category would remain unaffected, the quota implementation would be done in a staggered manner and faculty and infrastructure enhanced accordingly. ……… (Pioneer 15/12/06)

More docs join quota protest fast (25) New Delhi: To ensure that the patients do not suffer because of the ongoing strike, a General Body Meeting of Resident Doctors Association (RDA) of AIIMS on Friday decided that only 20 doctors would continue the relay indefinite hunger strike while the rest will work. The RDA of AIIMS went on an indefinite hunger strike from Thursday night to protest against the Government's move on the reservation policy. "We will dedicate ourselves for the people of the country and will continue to fight for this noble cause," said Dr Kumar Harsh, RDA president. The move by the AIIMS RDA is being commended by other resident doctors in the country. Three resident doctors of SMS Medical College of Jaipur have also gone on strike to support the cause, said a doctor on strike. The Central Education Institutions (Reservation in Admission) Bill, 2006, that was passed in the Lok Sabha on Thursday by a voice vote, extends 27 per cent reservation for the Other Backward Classes (OBCs) in central higher education institutions. The Bill has not excluded the creamy layer despite the Parliamentary Standing Committee's recommendations. "The Government is adopting a divide and rule policy of the British and the common man is suffering. The Government has even ignored their own standing committee's recommendations", said a member of the RDA. The condition of the 20 RDAs is stable till now. The resident doctors have received calls from Kanpur and Banaras supporting their cause. "Everyone is with us, even the faculty members though they have their own limitations and cannot come in open support of us", said a doctor on strike. "This hunger strike is in sharp contrast to the agitation that took place last time. They have a right to protest. The Government should be ashamed of the tactics it is employing to exploit their vote bank", said a faculty member of AIIMS. The Bill, which provides 27 per cent reservation for OBCs, 15 per cent for Scheduled Castes and 7.5 per cent for Scheduled Tribes, will come into effect from academic year 2007. (Pioneer 16/12/06)

HRD panel: Quotas for dalit Muslims (25) New Delhi, Dec. 20: Members of a high-level committee, constituted by the HRD ministry to work on the plan of action to improve education among Muslims, has suggested extension of reservation to dalit Muslims in jobs and institutions of learning. The 13-member committee, which is headed by Union minister of state for HRD M.A.A. Fatmi, has also pitched for adequate primary and secondary education facilities for dalit Muslims. Talking to this reporter on Wednesday after the two-day meeting of Muslim

MPs, committee members, NGOs and intellectuals, Mr Fatmi said the participants were in favour of setting up schools in Muslim-concentrated areas. "They also wanted liberal scholarships to students belonging to the Muslim community," the Union minister added. He also informed that some of the participants also favoured the extension of Scheduled Caste reservation to dalit Muslims. Union HRD minister Arjun Singh had constituted the committee to examine its suggestions. with regard to the education sector after the Rajinder Sachar report on the status of Muslims in India came out. The committee was also required to formulate views on them and prepare a plan of action. Though Mr Arjun Singh had set a deadline of January 31 for the committee to submit its report, Mr Fatmi said he will submit a reports on suggestions made by the members by January 10 so that they were discussed by the Planning Commission and reflected in the Union Budget for the next fiscal. (Asian Age 21/12/06)