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| Slow Death of Reservation in Promotion in J&K | | BJP Must Wake Up to Tackle this Tickling Time Bomb | | Prof. Kali Dass
In order to transform India from castesist society to egalitarian society, the architects of Modern India took into consideration the past, present and future society imbalances. And to bring equality amongst un equals, they had given a thought to adopt "positive measures" to negate "negative prevalence's". So they provided reservation to the Depressed classes in politics, education and employment for their proportionate representation in these spheres of societal development. But the builders of Modern India, might not have thought of such negativity against reservation as is prevailing in today's Indian society.
Jammu & Kashmir state got the distinction of enacting the provisions of educational & employment reservation by way of "Jammu & Kashmir Reservation Act, 2004" read with SRO-294 of 2005. But unfortunately for reserved categories of J&K, constituting about 65% of the total population, the Division Bench of High Court of J&K in bunch of writs by upper caste employees struck down section 6 of Reservation Act & Rules 9,10 & 34 of SRO-294 dealing with provisions of Reservation in Promotions. This was absolute failure on the part of Government lawyer to defend its own Act of Legislatures. The court even ignored the legal fact that Legislative Assembly of J&K has unique distinction of framing any local law in the interest of people of the state, in view of Article 370 & 35-A of the Indian Constitution. Unfortunately, the BJP-PDP rule government preferred not to file review petition in High court or SLP in Supreme Court for safeguarding state's own Reservation Act.
Few employees went into Supreme Court and got 'Status Quo' in the matter of reservation in promotions but it was deliberately misinterpreted by state bureaucracy. Even Blanket stay from Supreme Court dated 18-03-2016 against High Court order in case titled Nasib Singh Vs State of J&K has not been implemented till date, thereby putting reserved categories employees in disadvantaged position by not giving them constitutional right of reservation in promotions and promoting their juniors ahead of them. This again is treachery of J&K bureaucrats in the backdrop of bigotry of the politicians whom reserved categories voted for. Pertinently, Bali Bhagat (SC) was the Social Welfare Minister when all this happened. Now even the J&K High court in its number of interim directions have pronounced that J&K High Court's order of striking down Reservation in Promotions stands stayed by the Hon'ble Supreme court. But who will direct J&K super bureaucrats to understand this. In a very recent interim direction in writ petition SWP No. 2430/2018 titled Narinder Kumar Vs State and Ors dated 15-10-2018, Hon'ble justice Tashi Rabistan pronounced, "In the Meantime, subject to the objections and till the next date of hearing before the Bench, respondents shall consider the claims of the petitioners for promotions to the post of Executive Engineer (Civil) in PW (R&B) department either on Incharge or on substantive basis under reserved category by ignoring the impugned circular as the judgment passed by this court in reservation matter has been stayed by the Hon'ble Supreme Court. List with SWP No. 924/2018 and SWP No. 464/2018".
Now on the one hand constitutionally valid reservation (SCSTOBCs) has been miserably mis-executed but on the other hand reservation on economic and linguistic criteria has been introduced that is basically unconstitutional. Are we heading towards new debate on the issue of Constitutional versus Unconstitutional Reservation in the country? But bigger question than this is that is BJP going to lose majority of SCSTOBCs dominated Assembly segments in the next assembly election in the state on this very sensitive issue pertaining to almost 60% of Jammu province population. Will the bureaucrats sitting in civil secretariat dig the grave for BJP. Let the sick sense prevails in the state and central BJP leadership so that this very sensitive matter of restoration of reservation in promotions be settled within few days. |
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