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| As Chaman puts point rationally, Congress prepares to leave NC isolated | | BANNING INTER-DISTRICT RECRUITMENTS | | EARLY TIMES REPORT
Jammu, July 12: Amidst and seething discontent among the members of Scheduled Castes and Scheduled Tribes over government’s nearly pre-emptive move of banning inter-district recruitments, the ruling coalition partner Congress is reportedly preparing to distance itself from the proposed regressive law even a seasoned BJP leader Prof Chaman Lal Gupta has traced the history of such moves to four decades back. Chaman’s note of dissent to the Joint Select Committee of legislature, which recently wound up its discussions on LA Bill Number 1 of 2009, clearly reflects that the members of reserved categories in Jammu province have been since 1970s pressing for justice as none of them could get reservation benefits in Kashmir province where Scheduled Castes are not found and Scheduled Tribes are not educated enough to fall even in the minimum eligibility criteria of district cadre posts like teachers.
Close to the heels of Joint Select Committee headed by Finance Minister Abdul Rahim Rather, who was until Saturday Law Minister as well, okaying the controversial bill seeking to ban inter-district recruitments, the Congress is now reportedly developing a cold feet. Highly placed sources told Early Times today that Congress Ministers and Legislators had a closed door meeting in Srinagar where pitfalls of the proposed legislation was discussed threadbare and its impacts on prospects of the party in Jammu region were factored in.
Sources said that following a bitter criticism in the media and strong opposition from the SC, ST communities the matter was briefed by some stakeholders to the top Congress leaders in Delhi where this proposed legislation has not been viewed in good light. The Congress leadership in New Delhi is reported to have advised its state unit to reconsider its stand in the legislation and desist from toeing National Conference line which has the obvious reasons of protecting its Kashmir constituency.
Whatever base Congress has in Jammu and Kashmir is largely in Jammu region itself where the ban on inter-district recruitments hurts the most. Brief reason is that Kashmir province does not have any population of Scheduled Castes and the Scheduled Tribes there, almost all Gujjars, have very poor educational profile to qualify even the basic eligibility criteria, leave alone competing with others. In past few years, SC and ST candidates from Jammu region have been applying against reserved seats in Kashmir and getting selected. This has, however, not gone well there as otherwise the reserved seats would have gone to the open quota in the Valley. Reservations, it may be mentioned here, is a statewide concept and it is not done on the population basis at district level.
If ban on inter-district recruitments becomes reality, the SC, ST aspirants from Jammu region won’t be apply in Kashmir and the reserved seats there would directly to the open pool. The Congress believes that in such a scenario interests of thousands of aspirants of Jammu would get hurt and consequently will be a loss to its constituency.
The BJP, Congress’ main rival in Jammu, particularly in SC populated areas, has already started owing up this cause and the Congress is worried. Senior BJP leader and leader of BJP Legislature Party, Prof Chaman Lal Gupta, who was a member of the Joint Select Committee, strongly opposed the Bill the manner in which it had come. Chaman did not attend the last and final meeting of the JSC and instead sent a note of dissent in which he said that he is not completely opposed to banning inter-district recruitment but the reservation system shall have to rationalized in order to offer justice to the SCs and STs.
Tracing back a three decade old note, Chaman Lal put on record, “Refer to Agenda Note No.GD/DOI/SC/6/74 dated 7-6-1974 comments of Welfare of Schedule Castes Points referred by the Chief Secretary: Comments of the Department “At present the reservation quota for Schedule Castes in Govt. Service is 8% While they are getting this quota in Jammu Division they do not get the same representation in the matter of Service in Kashmir Division probably on the consideration that there is no Scheduled Caste population in Kashmir Division. A demand has been made that quota of vacancies in the Jammu Division should be enhanced to 16%. It is doubtful if this is possible or fair but the percentage of 8% has obviously been devised with reference to the Scheduled Caste population in the whole State and the Corollary that they should get 8% of the share of posts of the whole State and not of Jammu alone. We have to ensure that this assurance is met”. This note reflects that the members of the reserved categories have been worried lot since long but the system could not be rationalized.
In his note, he further added, “It will not be correct to enhance the reservation for Scheduled Castes to 16% as there is no rational in doing so. The 8% reservation was fixed on the basis of their population in the whole State. Their population in the Kashmir Division is negligible. The Selection Committees and Boards, while making selections have to ensure reservation of Scheduled Castes upto the extent 8% provided the candidates have applied for the posts and are eligible. It has generally been found that the Scheduled Caste candidates of Jammu Division do not apply for posts in the Kashmir Division. The vacancies which could have been filled by them in Kashmir Division cannot be transferred to Jammu Division under rules, if the persons for whom reservations are made are not available at a particular time of selection the vacancies are to be reserved and carried forward for one year”.
The demands of the Scheduled Castes can be met only if the candidates belong to these Communities apply for posts available in Kashmir Division. No such difficulty is being experienced at the State level as the State Recruitment Board has been ensuring reservations to the extent provided under the rulers”.
Joint Select Committee has proposed to abolish the Sec 14 of the proposed Bill, no doubt that this Sec is violative of the provisions of the J&K constitution. If Sec 14 is scarped from the Proposed Act, as well then, there will be no agency left for recruitment of Scheduled Castes, Scheduled Tribes and other socially, educationally, backward classes which are not adequately represented. Sec 5 of the Proposed Act would cover all other classes of candidates except Scheduled Castes, Scheduled Tribes and other educationally, socially, economically weaker Sections Sec 5 has already abolished J&K Subordinate State Service Recruitment Boards.
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