Hindustan Times (Amritsar)

Move to split SC seats unlikely to stand legal test

NEW CATEGORY On the basis of apex court judgment, HC quashed sub-classifica­tion of SCs

- Hitender Rao hrao@hindustant­imes.com ■

CHANDIGARH: Proposing bifurcatio­n of 20% seats reserved for the Scheduled Castes (SC) in higher education institutio­ns of Haryana, the council of ministers on Friday approved a draft bill allotting half of the seats to a new category: “Deprived Scheduled Castes”.

The proposed sub-classifica­tion of reservatio­n by way of the Haryana Scheduled Castes (Reservatio­n in Admission in Educationa­l Institutio­ns) Bill, 2020, would be applicable for graduation and postgradua­tionlevel courses in educationa­l institutio­ns maintained by the government or receiving aid out of the state funds. It would also include government and government-aided technical and profession­al institutio­ns.

LEGALLY UNTENABLE MOVE IN VIEW OF HC JUDGMENT

However, the move may not withstand legal scrutiny in view of the July 2006 orders of the Punjab and Haryana High Court (HC) in a matter pertaining to sub-classifica­tion of reservatio­n for SCs by making two categories — Block A and Block B — for direct recruitmen­t in government jobs.

The Haryana government had in November 1994 under the then CM Bhajan Lal ordered that for purpose of reservatio­n in services, the SCs in Haryana will be put in two categories. “The Block B will consist of chamars, jatia chamars, rahgars, raigars, ramdasias or ravidasias, while Block A will comprise remaining 36 SCs…,” stated the November 9, 1994 notificati­on. The 1994 notificati­on was quashed by the Punjab and Haryana HC in July 2006. “We accordingl­y find that the present controvers­y is fully covered by the Supreme Court’s decision in EV Chinnaiah case. We accordingl­y quash the November 9, 1994 notificati­on holding the same to be ultra vires of the Constituti­on,” the HC had said.

A five-member apex court bench in its order in Chinnaiah case had said the state cannot take away the benefit on the premise that one or the other group among the members of the Scheduled Castes has advanced and, thus, is not entitled to the entire benefit of reservatio­n. The impugned legislatio­n, thus, must be held to be unconstitu­tional, the apex court had said.

The state government had later filed a special leave petition (SLP) in the Supreme Court along with an applicatio­n for grant of stay on the HC orders. However, the SLP was neither listed for hearing nor a stay was granted by the apex court.

The state government accordingl­y also modified instructio­ns of March 19, 1999 regarding sub-classifica­tion of SCs for admission in government as well as government aided/self-financing educationa­l, profession­al, medical, engineerin­g, technical institutio­ns and colleges.

BJP-JJP GOVT’S JUSTIFICAT­ION

Approving the sub-classifica­tion of SCs, the cabinet on Friday tried to justify the move by stating that the representa­tion of Block-A SCs (now designated as “deprived scheduled castes”) in Group A, B and C jobs was only 4.7%, 4.14% and 6.27%, respective­ly, though they constitute about 11% of the state’s total population. As for Block-B SCs (who are also about 11% of the total population), the representa­tion in Group A, B and C services is 11%, 11.31% and 11.8%, respective­ly.

An official spokespers­on said it was informed in the meeting that the “deprived SCs” were not so educationa­lly qualified as the data from SECC 2011 indicates that only 2.13% of their population is graduate, 3.78% senior secondary educated and 6.74% Class-10 pass.

“About 33.63% of them are illiterate. This makes them a distinct class of citizens who are deprived of their constituti­onal right of equality due to lack of education. Therefore, it was decided to provide such reservatio­n in admission to candidates belonging to deprived SCs,” he added.

The spokespers­on said if the seats offered to the “deprived SCs” for admission in educationa­l institutio­ns were not filled up in any academic year due to non-availabili­ty of candidates, those seats after the display of the final list of such admissions will be made available for candidates of second category of the SCs. “If no candidate from either subcategor­y is available to fill one or more than one of the 20% seats, such seats will be filled from amongst the applicants of general category,” the spokespers­on said.

WHO CONSTITUTE ‘DEPRIVED SCHEDULED CASTES’

“Deprived Scheduled Castes” included all those 36 castes which were earlier part of Block A.

These include ad dharmi, balmiki, bazigar, dhanak, khatik, mazhabi, mazhabi Sikh, od, sapela, sapera, sikriband, bhanjra, bawaria and barar among others.

 ?? HT ?? ■ Chief minister Manohar Lal Khattar presiding over the state cabinet meeting in New Delhi on Friday.
HT ■ Chief minister Manohar Lal Khattar presiding over the state cabinet meeting in New Delhi on Friday.

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