Relevance of Reservation Policy

Before and after framing the constitution some people socially and educationally backward for lack of capital, land, skills, mental ability, government employment etc, were doing menial jobs. These jobs were far from, or hardly sufficient for making their ends meet. Consequently these people  did not grow & flourish on the economic scale and were thus held in very low esteem in the societal strata. To uplift them government devised a policy of reservation of jobs in government services. The basic benchmark of the policy was to address the economic status as a prime ingredient and not the caste they belonged to.

Reservations were initially limited to Dalits (Scheduled Castes) and Adivasis (Scheduled Tribes). In the early 1990s, reservation in accordance with the recommendation of the Mandal Commission Report, were extended to include other lower caste groups. In 1992 Hon’ble Supreme Court caped the reservation at 50 percent leaving other 50 percent for General Category. With the passage of time and the instant practices the policy of reservation seems to have remained glued to the nomenclature of the castes rather than economics. Many people who have crossed over to creamy layers continue to enjoy the benefits of job reservation quota generations over, with the result the neediest go denied and suffer destitution.

This has again created a class of castes within as only those who manage to study and reach eligibility criteria for applying for government services get the benefits of reservation which happens to be meagre percentage of the majority of such population that stands already dissected and distanced from the general category. Besides, against the fixed quota percentage for the categories no general category candidate can apply whereas category candidate can go for general category quota also. This clearly violates the spirit of Articles 14 and 15 (Right to Equality) of Constitution of India which bat for provision of equal opportunities irrespective of caste, creed, colour. This has crammed a wedge between general category and the reserved categories ample reflections of which are being witnessed in various forms of distaste  between the two.

For these categories class and merit percentage is lowered enabling them to qualify in the competitive tests /examinations conducted for recruitment in government jobs . After joining the services in any cadre from class IV to class I-A officer they are promoted at every stage of promotion during their  entire period of service ahead of their  batch mates and seniors save non-availability of category candidate when the post/promotion is deserved. Recently the Central Government, for the right of merit, has made National Eligibility–cum-Entrance Test (NEET) compulsory for selection in medical profession.

This NEET introduced in 2016 with a view to conducting screening test for admission to government and private medical colleges, was made mandatory for even those who wish to pursue medical courses in Foreign Universities/Institutions. The reason behind this has been given that it has come to notice of the government that Institutions/Universities of Foreign countries admit Indian students without proper assessment or screening of the students’ ability to cope up with the medical education with the result many students fail to clear the Foreign Medical Graduate Examination held back home.  Consequently the failed medicos practise as quacks in the open market to the detriment of health care. In this case merit was held as touchstone in other a touch-me-not.

This approach works as a disincentive to the meritorious who burn the midnight oil and long for some attainment of their choice. No human heart should be against the welfare/well being of the weaker sections of the society but the assistance for development should  be  based  on economic status.

This can be made up through providing facilities of free or subsidized education, trainings, guidance, easy & all-round access to awareness programmes, free learning /study material etc, to bring all the aspirants at a uniform level-playing field to  prove their mettle for employment in any public or private sector concerns. This will raise the level of efficiency and develop real & inherent human resources any nation requires for sustainable development. A millionaire cobbler is not to be preferred to a pauper ‘mahajan’ nor an elite caste robber to a pious scavenger. Reverse preference is a needed policy.

Even if all the 100 percent quota  in government employment is given to the reserved categories still that will fall short of offering a  satisfactory solution  to the problem of upliftment of these categories. Lakhs of caste-based people plunge themselves into competition for the advertised posts to make for final selection.

So principle of comparative merit works here also but away from the general  overall competition which divides the nationals into nations for which relevance of reservation has to be reviewed keeping it above and away from the political/vote bank considerations. On 9-1-2019, the Government of India introduced a constitution (103 Amendment) Act 2019 in the Parliament seeking to provide 10 percent reservation to economically backward upper castes. The Act received Presidential assent on 12-1-2019 which amends Articles 15 and 16 of the constitution by adding a clause that allows states to make “special provision for the advancement of any economically weaker sections of citizens.

This reservation would be in addition to the existing reservation and subject to a maximum of 10 percent of the total seats in each category”. This is again slicing the general category quota drying the tree of merit further which is no solution to make up for economic well being of the downtrodden except as mentioned above. Adding the reservation percentages together works out to 50-50 percent ratio. Can’t this situation be rationalised by providing same tests and trials, considerations and concessions and privileges & promotions to all? Why not if meant or at least reduce the percentage to one percent and give onetime benefit in admission/ employment matters.

This is like creating a nation within a nation and a country within a country. Discount of class and percentage of marks at eligibility level, minimum points for qualifying, and life time preferred reservation for promotions look queer to the principle of justice and equality. One way to tackle the issue is to maintain it for central government posts only. Another is to restrict it to 50:50 percent basis in the respective tehsils having caste aspirants in a State or to adhere to 1992 Hon’ble Supreme Court decision.  The more just solution to do away with the issue is to transform them intrinsically by providing them free teaching/learning material, guidance, awareness, exposure to new ideas/fields and enable them to bear competition with others.

The author is a former Sr. Audit Officer and Consultant in the A.G’s Office Srinagar.