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| RESERVATION GIMMICK IN J&K STATE | | | Retd Engineer Hem raj Phonsa | 3/25/2010 12:44:42 AM |
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As per the present Reservation policy for Recruitments / promotion for SC’S candidates they can avail in Recruitment 8% Reservation worked out on the basis of the percentage of population of the SC’S against over all state population. Similar provisions are available for the S/T’s & OBC’s with different percentage of reservation. After issue of SRO 144 in May 2008, the reservation rules got legal teeth. So for the last 61 years the reservation policy in J&K was nothing but “Murky Policy” with no mercy to wards the Reserved category persons. As majority of the S/Sc’s peoples reside in Jammu province as per details give here:-
Percentage of S/C’S residing in Distt. Kathua (23%), Jammu Distt (24.86%) Distt Udhampur (19.11%), Reasi (Appox.20.31%) Distt. Rajouri (8%) Ramban (Appox.10.50%), Doda Distt (11.35%) Kashmir Province (Negligible). The population distribution of the State is Jammu (43.67%), Kashmir including Ladakh (57.33%). Therefore, without giving representation in Kashmir province services, 8% reservation quota cannot be reached as so for representation of S/C’s & other categories is negligible. This lacunae was removed by SRO 144 issued in May 2008, when for the first time Reservation in Kashmir Districts, including Leh & Kargil District posts was provided
But to the great misfortune of these deprived sections of the society, Mr. A.R. Rathar J&K Finance Minister introduction of a Bill in the J&K Assembly on 28th Feb, 2009, proposing a ban on Inter District & inter Province Recruitments which is bound to effect adversely the Reservation in Recruitments / promotion for SC’S; S/T’s & OBC’s particularly belonging to the Jammu Province. On the insistence of the various Jammu based political and religious organizations this bill was referred to the Select Committee. The members of this select committee from Jammu negate the proposed Bill as far as the Reservation to S/C’s, S/T’s & OBC’s is concerned and the government should have accepted these remarks or descending notes of the members. But this has not happened and the government has again decided to move the Bill in the Legislative House to get it passed under the undue and unjustified pressure of the main opposition PDP of Zenab Mufti Mohd Sayed, who so was claiming to be the champion of the weak & neglected sections of the society.
The proposed act of banning Inter District & Inter Provincial candidates recruitment if passed then the chances of recruitment for SC’S; S/T’s & OBC’s in Government services shall get reduced to less than 3%, if corresponding %age for Reservation is not enhances on the basis of the District and provisional level population %age of SC’S; S/T’s & OBC’s e.g. the population of SC’S alone is ---- in Distt. Kathua (23%), Jammu Distt (24.86%) Distt Udhampur (19.11%), Reasi( Appox.20.31%) Distt. Rajouri (8%) Ramban (Appox.10.50%), Doda Distt (11.35%) Kashmir Province (Negligible). The break up of population of thse communities is not available separately for the newly created districts.
The proposed Legislation by the coalition Govt headed by the National Conference party Chief Minister Sh. Omar Abdullah and supported by the Indian National Congress is going to do more harm to the interests of the SC’S; S/T’s & OBC’s than collective welfare measures taken for these deprived and under privileged section of the society in the last 62 years after Independence . Banning inter Distt and inter Provincial recruitments on the plea of multi lingual , multi cultural , multi dialect state and difficulties of the newly recruited persons does not hold water when majority of employees working in far flung rural areas of Ladakh, Poonch, Rajouri, Kishatrwar, Doda, Ramban, Reasi Districts belong to SC’S; S/T’s & OBC’s categories. They are the peoples who get accustomed to the circumstances easily than those born with silver spoons in their mouths and privilege to enjoy the backing of high ups coupled with black money patronage.
The other proposal being hotly chased is for the regularization of the contractual, adhoc, ReT, ReZ’s employees and with out providing equivalent reservation for SC’S; S/T’s & OBC’s categories in these post will be a grave injustice, as no reservation rules were applied during appointments on these posts saying then those were temporary arrangements. There does not exist any provisions for reservation in the Residential Colonies and Commercial Establishments developed by Govt Agencies, not to speak of providing reservations in the Private Jobs. Of late the unjust allotment of Constituency development funds by the MLA’, MLC’s & MP’s for the religious organizations of elite sections is another misuse of the government funds. No government fund need be used for any other purpose than collective welfare of all sections of the society and contrary to it is unjustified and unlawful.
If present ill-conceived Bill as introduced on 28th Feb, 2009 and being hotly chased by National Conference & PDP in the State Assembly is passed in its present form. It shall effect the interests of the Weaker sections badly and it may trigger confrontational atmosphere in the state, which is already suffering due to ill conceived Central & state Government policies. So, it need not be perused further in the National interest or else the Reservation policy may be also revised accordingly to safeguard the interests of the SC’s; S/T’s & OBC’s. The bill in the present form shall be bad in law and shall violate its established cannons of Law. The majority in an elected house cannot bulldoze the just rights of Minorities, because they are having less representation in the house.
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