New Delhi. In April, 2017 the Allahabad High Court gave a verdict of far reaching negative impact on constitutional scheme of reservation for Scheduled Caste (SCs) and Scheduled Tribes (STs) in teaching posts and vacancies in the central higher educational institutions (universities and the colleges affiliated to them) of the country. Last year this judgment has been approved by the Supreme Court of India. Somewhere in the middle of previous year the Ministry of Human Resource Development and University Grants Commission had preferred Special Leave Petition against this judgment before the Supreme Court of India. On 22nd of January this year the Supreme Court has dismissed these 2 petitions also. The reservation prescribed for these two classes in recruitment and promotion is 15% and 7.5% respectively. For Other Backward Class (OBC) 27% reservation is prescribed only in initial recruitment, not in promotion.

Now according to this decision in place of earlier provision of treating the entire institution as one unit to apply 200 point roster system of treating different departments of the institution as separate unit, 13 point roster system has been applied. Not only had this but Professor, Associate Professor and Assistant Professor these three grades will also be treated separate unit. To say in simple terms, in filling vacancies in first 13 recruitment whereas 1 OBC candidate shall be recruited on 4th vacancy and 1 SC candidate on 7th vacancy, ST candidate will not get any post and will get reservation only on 14th vacancy; whereas under old formula carving out half of 13 i.e. 7 for the unreserved category 3 posts to OBC, 2 to SC and 1 post to ST used to be allotted. This was social justice distributive system of all-inclusive approach. Because of not treating the institution as one unit now entry of ST candidates in teaching class of institution of higher education will be totally closed.

Presently 5,000-6,000 posts are lying vacant in higher educational institutions. Under old provisions 350-400 posts were surely to go to the tribals but under new provisions they would not get even 25-30 posts and future prospect would also be marred. In same proposition loss would be caused to OBC, SC and Divyangs (Physically Challenged) also.

This situation-system is oppressive to the tribal community of our country and completely against the equality oriented spirit behind the reservation provisions in the constitution of India. It is very natural that against this system the tribal community which is already lagging behind in the march of development, and specially youth among them, are agitated.

We have learnt that a proposal/draft/bill paving way for resolution of difficult situation caused by the irrational judgment has been pending consideration before the Central Government for few months. We demand to the Central Government that considering sensitivity of the issue and its possible socio-political consequences the Government should immediately bring an ordinance and restoring earlier 200 point roster system in institutions of higher education it should fulfill its constitutional obligation of bringing justice to tribal community on this matter of great injustice.

Kalyan Ashram demands to State Governments also that in the State funded institutions of higher education they should not only restore the earlier roster system of reservation but acting according to spirit of the constitution reservation should be applied in all Government or private institution of higher education according to proportion of tribal population in the State.

Kalyan Ashram calls upon all the State funded minority educational institutions also that if they are really in favor of social justice to the OBC, SC and ST class of this country then they should ensure reservation for these classes in their institutions. The tribal community of this country is watching and understanding everything.

For above mentioned justified demands delegation of Vanvasi Kalyan Ashram will meet Hon’ble President of India, Home Minister, Minister of Tribal Affairs & Chairman of National Commission for ST.

Jagdevram Orao

President ABVKA

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