Skip to main content

UP decision to scrap quota to SCs, STs, SEBCs in pvt medical colleges against 93rd amendment of Constitution

Letter to Uttar Pradesh chief minister Yogi Adityanath by PS Krishnan, IAS (Retd), Former Secretary to Government of India , Ministry of Welfare; Member, National Monitoring Committee for Education of SCs, STs and Persons with Disabilities, Government of India:
As a person working country-wide for the legitimate rights of scheduled castes, STs and SEBCs during my entire service in the IAS from 1956 to 1990 and before that and after that, spanning nearly seven decades, I request you to consider taking the following measures: 
(i) Reverse your Government’s recent decision to implement the order passed by the previous Akhilesh Yadav Government to scrap reservation for Scheduled Castes (SCs), Scheduled Tribes (STs) and Socially and Educationally Backward Classes (SEBCs) in the post-graduate courses at private medical and dental colleges in the State.
This decision goes against the letter and spirit of the Constitution (Ninety-third Amendment) Act 2005, inserting new Clause (5) in Article 15, the validity of which has been upheld by the Supreme Court in Ashoka Kumar Thakur case judgement of 2008 in respect of Central and Aided  Educational Institutions, and in its judgment of 12 May 2011 in Indian Medical Association vs Union of India and Ors case  and of 6 May 2014 in Pramati Educational Cultural Trust and Ors vs Union of India & Ors in respect of private unaided educational institutions.   
This decision is also against Shri Narendra Modi ji’s repeated statements emphasising the need for the advancement of SCs, STs and SEdBCs and your own statement immediately after you took charge as Chief Minster that the welfare of SCs and SEdBCs will be given special attention.
The previous Government’s decision was taken in its closing days and it was against the interest of the SCs, STs and SEdBCs. Probably, after your Government assumed power, enough time was not available to you and the decision of the previous Government in its closing days was mechanically implemented by the Government machinery. Now kindly look into this and reverse this decision.
 (ii) Reverse the previous Government’s demotion of large numbers of SC and ST promotees in the State Departments following the Supreme Court judgment of 2012 which set aside section 3(7) of Uttar Pradesh Public Services (Reservation for Scheduled Castes/Scheduled Tribes and Other Backward Classes) Act, 1994 and the consequential seniority under Rule-8 of Uttar Pradesh Government Public Servants Rules
It was possible through legal means to retain status quo ante in respect of the SC and ST officers who were already promoted under reservation before the Supreme Court judgement if the Supreme Court had been moved appropriately in this regard. Suitable legally sustainable ways can now be devised to reverse this mass demotion. Once you taken an in-principle decision to do this, if the State machinery has any doubt about how to achieve this purpose in a legally sustainable manner, I shall be available for advice and suggestions.    
(iii) Revive the provision for reservation in promotion for SCs and STs in the State Services, gathering and recording up-to-date data along the lines required by the Supreme Court in the N. Nagaraj case in 2006
 The Supreme Court has not invalidated the provision of reservation in promotion for SCs and STs. Reservation for SCs and STs has been safeguarded in Clause (4A) of Article 16 by the Constitution (Seventy-seventh Amendment) Act 1995. The Constitutional validity of this Amendment and three other Amendments (there three Amendments were got passed by the Parliament by the Vajpayee Government) relating to reservation for SCs and STs were upheld by the Supreme Court in its Nagaraj case judgment of 2006. 
In the UP case the Supreme Court struck down Section 3(7) of Uttar Pradesh Public Services (Reservation for Scheduled Castes/Scheduled Tribes and Other Backward Classes) Act, 1994 and the consequential seniority under Rule-8 of Uttar Pradesh Government Public Servants Rules only because certain up-to-date data were not furnished by the then Government as required by the Supreme Court, on the basis of its Nagaraj case judgment. This can be and need to be revived now without the earlier lacunae.
 (iv) Reverse the passing of the UP Revenue Code (Amendment) Bill 2016 during the time of the previous Government which allows Dalits of the State to sell their land to non-Dalits in the State without approval of the administration even if their remaining holding is less than 3.5 acres
The removal of this long-standing protection will result in erosion of the disproportionately low land-ownership of SCs.  The need for Dalits to sell their land is caused by economic crisis and distress.  This can be on account of expenses for education and health.
Education-related distress can be prevented by strengthening and properly implementing programmes for educational development of SC children such as
·   timely release of scholarships,
·   stepping up of scholarships to adequate levels,
·   establishment of high-quality residential schools for them (in which 25% of seats may be for other communities).
Health-related crisis and distress can be prevented by making health and medical services properly and fully available to them and by providing medical insurance.
In spite of these, if there are extra-ordinary situations on account of which any Dalit is forced to sell his/her land, such land can be purchased by Land Banks, which should be established by the State Government, and thereafter that land may be given to other deserving rural Dalit agricultural labour families.

Comments

RCE Roorkee said…
Thanks for sharing the information

TRENDING

Nirma varsity demand for higher fees 'illegal', violates Article 14: Letter to Gujarat HC

Counterview Desk
Students of Gujarat’s top private institute, Nirma University, situated in the outskirts of Ahmedabad, in a letter to the Chief Justice the state High Court, have complained that the authorities are demanding “full fees” from students, without taking into account the “disproportionate impact” the lockdown has on the livelihood of students and families.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Vulnerable to Covid-19, sharp rise in murder of Indian journalists during pandemic

By Nava Thakuria*
Vulnerability of working journalists in India is no way an alien issue as the populous country loses a number of working journalists to assailants as also medical emergencies. Even though there was only one casualty in the Indian media fraternity during the first half of 2020, who was targeted for journalistic work, India has begun witnessing an alarming number of media casualties during the Covid-19 pandemic.

Govt 'assures' Gujarat HC no action against MBBS students defying corona sahayak order

By Our Representative
The Gujarat government has assured the High Court that no action would be taken against Part-I and Part-II MBBS students of the Ahmedabad Municipal Corporation (AMC)-controlled NHL Medical College and LG Hospital and Medical College. The assurance follows the direction by Justice SH Vora to the State government not to prosecute or initiate action against the students who were defying the college authorities’ order to work as corona sahayaks (helpers).

Renounced US citizenship to serve workers, tribals, Sudha Bharadwaj 'odiously' in jail

By Atul, Sandeep Pandey*
Professor Sudha Bharadwaj has been in jail since August 2018. She was taken into police custody on August 26, 2018 on suspicion of being involved in Maoist terror activities after Republic TV claimed that she had allegedly written a letter to Maoists and was conspiring to create public disorder and unrest in India.

Cruel legacy of Green Revolution? Covid-19 underscores 'risky, fragile' food system

By Moin Qazi*  The Covid-19 crisis has highlighted the risks of an unhealthy diet and the extreme fragility of food systems. The economic reconstruction that will follow the pandemic is the perfect opportunity to provide better nutrition and health to all. The pandemic should spur us to redefine how we feed ourselves, and agricultural research can play a vital role in making our food systems more sustainable and resilient.

Plant organic, eat fresh: Emlen Bage's journey from migrant labour to agri-entrepreneur

By Chandrashekar and Kriti*
Who is a farmer? Type this question in the google search and check out the images? You can see men thronging the screen. This is the popular perception around the globe. Well one can understand how difficult it would be for a woman to defy this perception.

High youth unemployment: India 'fails' to take advantage of demographic dividend

By Varun Kumar
As coronavirus pandemic continues amplifying challenges among youth with regard to employment opportunities, government policies have further resulted in economic slowdown, leading to mass unemployment and loss jobs. According to the International Labour Organisation report “Covid-19 and the World of Work” (May 27, 2020), around 94 percent of the world’s workers are living in countries with some sort of workplace closure measures in place.

Dichotomy? US Hindutva groups oppose racism, mum on Modi's 'anti-minority' stance

By Our Representative
The Hindus for Human Rights (HHR), a US-based advocacy group, has noticed a major dichotomy between the stance taken by RSS’ US arm, Hindu Swayamsewak Sangh (HSS), expressing “shock” at the “painful killing of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many others”, all of which suggest “the tragic tale of racial injustice” in US, and HSS’ “hatred” for India’s religious minorities and Dalits.