Hindustan Times (Amritsar)

Why discretion­ary quotas in KVs are inherently unfair

- Sushil Kumar Modi Sushil Kumar Modi is former deputy chief minister of Bihar and Member of Parliament, Rajya Sabha The views expressed are personal

In a recent developmen­t, admissions through special provisions schemes were held in abeyance by the Kendriya Vidyalaya (KV) Sangathan. The decision to stop admissions through various quotas, although ad interim, was an expected upshot of the animated discussion­s on the issue in the recently concluded Budget session. While this reveals progress in the government’s deliberati­ons on the controvers­y, a decisive stance remains pending.

Admissions under the special schemes comprise 21 distinct quota categories of which two — the Member of Parliament (MP) quota and the sponsoring authority quota — are concerning. Both allow admissions over and above the class strength of KVs and have an unaccounta­ble discretion­ary element.

Every MP has a quota to recommend 10 admissions to KVs. Additional­ly, there’s a quota of at least

17 seats per KV with sponsoring authoritie­s, exercised mostly by the district collector (DC). Thus, across the 1,248 KVs, 30,000-odd seats remain restricted every year to serve the discretion­ary powers of MPs and DCs.

As India commemorat­ed BR Ambedkar’s 131st birth anniversar­y on April 14, the suspension is pertinent because the quota has been a blemish on his espoused principles of social justice and inclusion. It has continued despite a flagrant disregard of constituti­onally mandated reservatio­ns and has been denying marginalis­ed and socially disadvanta­ged students their right to education.

In 2021-22, of the 7,301 admissions under the MP quota, a paltry 8.34% went to Scheduled Castes (SCs) and 2.9% to Scheduled Tribes (STs) — less than half of the constituti­onal provision of 15% and 7.5% accorded to SCs and STs respective­ly. Without any allegiance to the reservatio­n policy, the quota also ignores the right of disabled students to 3% horizontal reservatio­n.

Beyond delivering a mere utilitaria­n goal of education, government schools such as KVs facilitate an institutio­nal setting for social inclusion. It is essential that they embrace the constituti­onal principles of reservatio­ns and are free from arbitrary admissions. Time and again, the issue has arisen in parliament­ary parlance as legislator­s and judiciarie­s have wavered over the quota’s validity. Amid the recent salvos of competing views, it is opportune to reassess the relevance of such special admissions.

With over 1.4 million students benefiting from these subsidised schools, the ethos of meritocrac­y is imperative to sustain their stellar quality. Discretion­ary quotas bring in distortion­s as they are not governed by fair considerat­ions for merit. Such powers are an anachronis­m in today’s India and hardly square with democratic principles.

The debate has two views. One side seeks the enhancemen­t of the quota because the seats allotted to an MP are insignific­ant and fall short of reasonably meeting the demands of a populous constituen­cy. On the other side, parliament­arians demand the outright scrapping of the quota, citing the infeasibil­ity of exercising this power with fairness.

The clamour for enhancing the quota rightly acknowledg­es the problem that the allotted number serves almost no purpose, but is misguided in remedying it. The historical trajectory of the MP quota reflects the systemic flaw inherent in it. Notwithsta­nding three abolishmen­ts, including a high court strike-down, the quota has been increased thrice since its inception: From two to five in 2011, from five to six in 2012, and then from six to 10 in 2016. Yet, problemati­c issues have persisted.

An MP gets a barrage of admissions requests, often at least an order of magnitude higher than the allotted quota. As the quota increased, so did the number of contenders, but disproport­ionately. Enhancing it further will exacerbate the issue of inciting public dissatisfa­ction as legislator­s will be flooded with even more requests, which they will be forced to turn down.

It’s high time such discretion­ary quotas for admissions in KVs are retired. Prone to either random choice or personal whims, their exercise has been unconstitu­tional and discounted both merit and transparen­cy.

It is practicall­y infeasible for an MP to comprehens­ively evaluate every request and select the most-deserving ones. In a democracy, people accord power to representa­tives on the premise that the person ascertains its best use. Whether an MP or a sponsoring authority has exercised the discretion after adequately assessing each of the multitudes of cases is an open contention and, therefore, gets a lot of flak including allegation­s of corruption.

It’s tempting to retain the power to exercise discretion, especially when it allows for doling out favours to people in a constituen­cy. Maybe that explains the quota’s continued persistenc­e despite its erratic history. But the fact that we have successful­ly abolished many discretion­ary powers in the past, augurs well. Even the Union education minister has relinquish­ed his quota in KVs when admissions through it inflated 27 times to 12,295 from the recommende­d limit of 450.

The current suspension is welcome, but a revision of the relevance of each of the 21 quota categories and the permanent scrappage of the two quotas will be apposite to the times.

 ?? HT ?? Whether an MP or a sponsoring authority has exercised discretion after assessing the cases is an open contention and gets a lot of flak, including allegation­s of corruption
HT Whether an MP or a sponsoring authority has exercised discretion after assessing the cases is an open contention and gets a lot of flak, including allegation­s of corruption
 ?? ??

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