Sir,
This has reference to the article ‘Reservation in Promotion’ by Dr K L Bhatia, published in this paper sometime ago. The author has not opposed the unconstitutional ‘area reservation’ on the name of RBA and ALC. He has mentioned many articles viz Art 14,15(4), 15(5), 16 (4), 16(4a,and 4b) as a complete code of affirmative action of the State not only on the basis of ‘Caste based historical injustice or historical prejudices’ but as a palliative action.
The classification which includes RBA and ALC (Area reservation) is totally biased and does not fulfill the criteria of “Social Backwardness” the main factor required to indentify, “the social and educational backwardness”. Caste is the main factor to identity the social status. Anand Committee report of Sept 1977 is still in force in J&K State which automatically stood null and void after the Apex Court Judgement of 1992 of Mandal Report but judgements of High Court always have the reference of the Indira Sahni V/s Union of India. Otherwise this judgement on Mandal Report is never required in J&K because it provides 27 percent reservation to the State OBCs, and it has nothing to do with the SC and ST reservations which means reference of this judgement is only to damage the due rights of the SCs, STs. The Anand Committee Report during the regime of Sheikh Mohd Abdullah was received in Sept 1977, whileas RBA/ALC reservation was started in 1991-92@ 20% and 3% respectively it was a big fraud with the State OBCs who were given only 2% share instead of 27% and that too on the name of OSC instead of OBC.
The author has forgotten the Article 16(1) under which reservation to any category other than SC, ST and OBC has to be adjusted horizontally and which also has the reference to Para 95 in Indira Sahni V/s Union of India, the judgement of 1992 of Supreme Court of India on Mandal Report.
Under Apex Court’s judgement of 1992 on Mandal report, State Govt must adopt the solution under Para 95 of the Apex Court judgement to adjust unconstitutional area reservation horizontally in reference to Article 16(1) of Indian constitution. Under this solution no category loses even an iota of its due share as every category residing in the so declared RBA/ALC has to get its share from its own category @ 23% (RBA 20% and ALC 3%)
Yours etc….
Prof. Kali Dass
Gen. Secretary
All India Backward Classes Union (Regd) Social
Follow our WhatsApp channel