Reservation: Merit at Stake
The Reservation, which was aimed at strengthening the backward and marginalized communities, has been a long-standing concern for students of Jammu and Kashmir falling under the umbrella of open merit. The amendments to the Jammu and Kashmir reservation act of 2004 show uneven reservation, irrespective of equitable allocation. Meanwhile, the elected government and its follow-up on the rationalisation of the policy remains unclear, with the process still ongoing.
The amendments in the Jammu and Kashmir Reservation Act of 2004 where several categories including Schedule Tribes (ST), Schedule Castes (SC), Other Backward Classes (OBCs), Resident Backward Areas (RBA), Economically Weaker Sections (EWS) and to those living alongside the Line of Control (LOC) or international border are allocated of 60 percent reservation under different quotas under the amendment in the reservation act of 2004. Whereas, the chunk of ‘Open Merit’ students remains unable to secure government jobs or admission in professional institutions due to the irrational reservation system in place, which allocates only 40 percent of seats to them under an overall 60:40 ratio. Nevertheless, the 40% allocation – a small share for a much larger community of unreserved students – remains accessible to those from reserved categories, further intensifying the concerns among the unreserved students and highlighting the irrational nature of the reservation system in the region. The amendment marked a turning point, as the reservation policy was expanded to include new categories such as Pahari-speaking people and economically weaker sections (EWS). This expansion effectively inflated the reservation ratio from 50:50 to 60:40, leaving unreserved students outside the umbrella of merit-based opportunities.
A policy aimed at uplifting socially or economically backward classes now runs parallel to weakening the merit, and diminishing job opportunities for the unreserved students. The current reservation system has impacted the unreserved students for several reasons, especially due to breaching the constitutional cap and double representation. According to the ruling of the Supreme Court of India in Indra Sawhney vs Union of India in 1992, the total reservation should not exceed 50% (except in extraordinary situations) and the benefits should not extend to the advanced sections within the backward classes, the creamy layer. Secondly, the issue of double representation, where candidates from reserved categories can also compete in the open list, proportionally reduces the chances for unreserved students to secure government job opportunities or admission to professional institutions.
However, recent official data shows that over 3.16 lakh educated youth are unemployed in J&K, with the highest unemployment recorded in Kashmir Division at over 2.08 lakh, and 1.52 lakh in Jammu Division. The same rate across J&K shows a deep concern and connects with other official data presented in response to questions raised by MLA Pulwama, Waheed-ur- Rehman Para. The details, based on the issuance of certificates to reserved categories in the last two years, show striking figures: 69,794 certificates were issued to Scheduled Castes in Jammu Division, while only 474 certificates were issued in Kashmir Division. Other categories show a similar pattern of higher numbers in Jammu Division, except for ST and RBA in Kashmir Division. Overall, the figures indicate an unjust benefit of reservation to the people of Jammu Division.
However, the elected government’s sub-committee has revived the reservation and submitted it to the law department, as promised, to rationalise the reservation policy. Yet the process is still ongoing, leaving students in uncertainty and causing them to lose several opportunities relevant to their future and career. Moreover, reviving the reservation policy will not deny justice to backward communities, but will ensure fairness to all and ultimately lead to a justified reservation cap with merit space to avail opportunities and careers.
Ayaan Saroori is a student, freelance writer, and columnist.
