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news details
'Bureaucrats targets Reservation in Educational Institutions'
7/23/2019 11:09:38 PM
Early Times Report
Jammu, July 23: SCST communities of J&K in a largely attended press conference expressed their great anguish over step motherly and anti SCST behavior of BJP dispensation.
The leaders in a unanimous voice targeted SCST politicians who are being used by BJP to show green pastures and befooling promises to SCSTs. They said that all the constitutional rights of SCST are being targeted very cleverly by the political dispensation even during President's Rule in J&K. In this regard it is said that, the Presidential promulgation of "The Constitution (Application to Jammu & Kashmir) Amendment Order, 2019" paving way for the extension of Article 16:(4) A of constitution of India to J&K; and restoring reservation in promotion for the employees of SC/ST categories in J&K, has been throwing in dust bin by the state bureaucracy. Is it so that His Excellency the President of India is Dalit?
Prof. G.L.Thapa further elaborating on the woes of SCSTs said that now the state bureaucracy has targeted Reservation of SCSTs in Professional institutions. BOPEE Chairman who was known for his anti reserved categories attitude during his tenure as bureaucrat in the state has written a letter to GAD to modify/recaste Rule 17 of Jammu & Kashmir Reservation Act 2004 and debar SCSTs for admissions in professional courses in open merit.
In this regard there are clear directions from Supreme Court of India in WRIT PETITION (CIVIL) No. 677 OF 2013 Samta Aandolan Samiti & Anr Vs. Union of India & Ors, and it is settled position of law that SCSTs who are selected in open merit has to be considered against open merit seats over and above SCST quota. In 2018, itself both single & division bench of the high court of J&K had upheld modified Rule 17 of Jammu & Kashmir Reservation Act 2004 that speaks, "A reserved category candidate, if selected against the open merit seat, may be considered for allotment of discipline/stream/college allocable to him in his respective category on the basis of his merit and preference.
The left over discipline/stream/college in the open merit category shall be allotted to reserved category candidates who get selected consequent upon the reserved category candidate getting selected in open merit category".
It appears that BOPEE Chairman is not only anti SCST but he has no respect for the Supreme Court observations on the subject. This man is known for his dubious activities in the matter related to reserved categories and also financial matter even in his last posting of the carrier in Agriculture deptt.
Asad Nomani, further alleged that the employees of SCSTs are not only harassed in the matters of reservation in promotions but in their postings as well.
He warned that youth of SCSTOBCs to safeguard their future as well as constitutional rights can go up to any extent.
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