Sir,
There is sharp reaction among the General category people of Jammu and Kashmir state whether Hindus or Muslims in general and employees of this category in particular on the news report published in print media based on Kashmir region. DSE Kashmir G.N. Itoo said that there are 140 posts of the headmasters lying vacant in Kashmir province. Out of which 71 have been filled out of General caste people and remaining will be filled out of SC/ST employees with in one week’s time as per Supreme Court’s latest direction. Apex court said that Government can go ahead with promotion in Government offices which will have bearing on (SC/ST) reservation in promotion has come with the caveat “In accordance with Law”.
It is not a victory at all as all such promotions if made will again be challenged due to non-fulfillment of conditions laid down in earlier judgments(which under article 141 of the constitution are ‘law -declared by the Supreme Court which is binding on all courts as interpreted by the Supreme Court in M. Nagraj’s case in 2006). These pre-conditions are
Backwardness of the employee, inadequacy of representation, overall administrative efficiency.
Some of the factors to determine the backwardness of an employee are, a person having poor health or suffer from physically ailments and chronic diseases etc. that obstruct him to harness the actual potential of his natural abilities, a person may have bodily defects like defective vision, hearing, speech etc. and improper functioning of body organs.
The uncongenial and improper environment prevailing in a family or home has a negative impact in educational progress. Some factors like tensions, conflicts, and quarrels at home between the parents and members of a family may hinder the natural growth of the persons of the family causing their backwardness
Miscellaneous Factors
Poverty, illiteracy and intellectual inferiority of the parents or guardians may be other reasons for backwardness of the members or family besides, lack of material facilities like infrastructure, accommodation, library, laboratory, schools, hospitals, roads, business establishments , water facility, power facility digital infrastructure etc.
Before making provision for reservation in promotion for SCs / STs the concerned state has to collect quantifiable data for showing backwardness of the class and inadequacy of representation of that class.The scenario has changed the children of a SC/ST person are enjoying the same benefits such as water facility, electricity facility, health facility, education facility as those of general category people. Moreover their children have been given extra benefits in fee concessions, scholarship facilities, age concessions, marks concession and fixed recruitment quotas.
Ketki Sharma
Udhampur
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