All eyes on Cabinet sub-committee as reservation policy row continues

Srinagar, Jan 15: Job seekers, students aspiring to higher education, individuals pursuing vocational training, and employees hoping for promotions, and more — all have their eyes fixed on J&K Government’s Cabinet sub-committee (CSC) for Reservation Policy.

Candidates from unreserved categories especially hope for their share of jobs and admissions to reflect their population proportion of around 70 percent.

The demand for revisiting the reservations allotted to various categories emerged in J&K after aspirants started feeling the effects of the changes brought in the Reservation Policy by the Government in 2023. In December 2023, the Lok Sabha passed the Jammu and Kashmir Reservation (Amendment) Bill, introducing reservations in employment, educational institutions, and the Jammu and Kashmir legislature under the Scheduled Tribes (ST) category. The Bill aims to empower the Pahari ethnic group, Padari tribes, Kolis, and Gadda Brahmins by granting them ST status, fulfilling a long-standing demand of these communities.

In October last year, the declaration of the J&K Combined Competitive Examination 2023 results reignited the debate over the reservation policy, which many argued limited opportunities for general category candidates in government jobs and education. Of the 71 candidates selected for civil service positions, only 29 were from the general category, while 42 belonged to various reserved categories.

Pertinently J&K has 32 percent unemployment rate and the Government sector is a preferred employer in absence of a vibrant industrial landscape and limited and unorganised private sector.

Students and job aspirants have raised their voices over social media platforms and at other fora for a level playing field, where everyone has an equal opportunity. "The concept of reservation is to provide a stepping stone to a person belonging to a downtrodden, underprivileged class or area. It should not be expoited to subjugate another person that is equally struggling for an opportunity but not been classified as such," a job aspirant from Srinagar said.

The reservation issue gained momentum after the announcement of NEET-PG 2024 results in December this year, revealing that the provisional selection list included less than 30 percent of aspirants from the Open Merit category. MD/MS aspirants from around J&K carried out protests calling the selection list ‘murder of merit’. The protests soon spread to other educational institutes.

Soon after, a group of aspirants filed a petition in the High Court of J&K where they challenged the amendments to J&K’s reservation policy, calling them unconstitutional and in violation of Supreme Court rulings. They argued the changes slash Open Merit (OM) reservations from 57% to 33% and Residents of Backward Areas (RBA) from 20% to 10%, while significantly increasing quotas for Scheduled Tribes (ST), Social Castes (SC), Defence and Police personnel’s children, and sports achievers.

The petitioners contend these amendments breach the 50% reservation cap established by the Supreme Court in Indra Sawhney v. Union of India (1992) and the J&K Reservation Act, 2004. They argued that the OM candidates comprise over 70% of the population, and that the reductions are inequitable and undermine merit-based opportunities. Accusing the government of introducing the changes hastily for political purposes, they have urged the court to annul the amendments, reinstate the existing rules, and establish a commission to devise a fair, population-based policy.

In December, the J&K Students Association held a peaceful sit-in at Jantar Mantar. The protestors contested that the current reservation policy “undermines merit-based opportunities and disproportionately affects deserving candidates, leaving them sidelined in favour of a system that does not account for the unique demographic needs of the region.” “We are not against reservations, but we demand fairness and balance. Our goal is to create a system that supports those in need while ensuring that deserving candidates have opportunities.”

Over the end of the year, the students and activists garnered the support of some political figures, resulting in a massive sit-in protest at the Chief Minister's residence. The Chief Minister met representatives from this protest and assured them the Cabinet Subcommittee would reassess the quotas to various categories and would submit its report over the next six months.

The Lieutenant Governor-led J&K Government’s decision to extend reservations to the Pahari-speaking population has bred discontent. However, other communities, those not belonging to any category, and a section of Gujjar-Bakarwals have opposed the move, arguing that it will further marginalise them.

The reservation debate has sparked intense protests, counter-protests, and heated political rhetoric. Many aspirants from the open merit group believe that the concept of reservation should aim to uplift genuinely underprivileged sections rather than perpetuate benefits to those who have already achieved significant socioeconomic progress, often referred to as the "creamy layer."

They argue that allowing the creamy layer to continue availing reservations undermines the principle of equity by denying opportunities to others in need. Additionally, they advocate that reservation benefits should be a one-time opportunity, not prove to be a ‘magic wand to bypass competition in the hands of the beneficiary throughout the career’ as one aspirant puts it. This perspective is rooted in the belief that reservations should serve as a temporary measure to level the playing field rather than a perpetual advantage for certain groups or families.

As the protests and debates continue, the Government has all eyes set on it hoping that it will deliver on its promises. The National Conference-led government had constituted a three-member Cabinet Sub-Committee (CSC) to address concerns raised by youth regarding reservation rules. The committee, chaired by Social Welfare Minister Sakina Masood Itto, also included Javed Rana, Minister for Public Health Engineering, and Satish Sharma, Minister for Food, Civil Supplies & Consumer Affairs.

According to an order issued by the General Administration Department (GAD), the CSC was tasked with examining grievances from job aspirants related to reservation rules. The committee engaged in consultations with relevant stakeholders, with administrative support provided by the Social Welfare Department. The CSC later submitted its findings to the council of ministers, which held the authority to recommend amendments to the reservation rules.