Excelsior Correspondent
JAMMU, June 25: Sub Maj (Retd) Madan Lal Dubgotra, Chairman of All Jammu and Kashmir OBC Manch, has contradicted the statement of AIBCU appeared in a section of press on June 24, wherein it has been stated that even after revocation of Article 370 there is no OBC reservation in J&K and has asked to provide 27% reservation to OBC in J&K.
Chairman of the Manch expressed that 27% reservation on account of OBC quota has already been implemented in J&K from very beginning since 1995 under J&K Govt Resolution No 12011/7/95-BCC dated 24-05-1995. However in J&K, OBC castes as identified by Mandal Commission, alone are not the Other Backward Classes but Residents of Backward Areas (RBA) and Residents of Areas adjoining to Actual Line of Control (ALC) are also declared by the J&K Govt as Backward Classes other than SC and STs as per Rule 2(o) of J&K Reservation Act 2004 and Rule 4 of J&K Reservation Rules 2005, in gross violation of Articles 15 and 16 of the Constitution of India and Mandal Commission Recommendation. Hence, the actual OBC castes as identified by Mandal Commission Recommendation are not getting due reservation as per population ratio of present 27 Castes considered as Social Caste (OSC), population of these castes is around 14% after including OBCs amongst West Pakistani Refugees, who become domiciles of J&K after removal of Article 370.
Dubgotra further stated that as per J&K Reservation Act 2004 and Rule 2005, Socially and Educationally Backward Classes in J&K, other than SC and ST Categories i.e. OBCs are; (1) Residents of Backward Areas (RBA), (2) Residents of areas adjoining to Actual Line of Control (ALC) and (3) Weak and under Privileged Classes “Social Caste”. Accordingly, the previous J&K Govt had provided 20% OBC reservation quota to RBA, 3% to ALC, 2% to OSC and 2% was kept reserve unutilised, with an expression that population of OBC castes under Social Caste is not more than 2% after excluding those OBCs who fall under RBA and ALC category. Though, reservation for OBCs under OSC category was enhanced to 4% after implementation of Reorganisation Act 2020, considering that around 2% population on OBCs has further increased on become WPRs as domicile after abrogation of Article 370, when OBCs among WPRs automatically become entitled to OBC reservation, he added.
RBA and ALC categories don’t fall under Socially and Educationally Backward classes in terms of Article 15 &16 of the Constitution of India, as applicable after revocation of Article 370 when Constitution of J&K 1956 automatically suspended and J&K UT being governed under the Constitution of India. While as per Article 15&16, only those castes identified as OBC by Mandal Commission or included by the J&K State Socially and Educationally Backward Classes (SEBC) Commission, will be the Backward Classes other than SC and ST.
Chairman of the Manch appealed to the Union Govt as well as to LG J&K UT that definition of Socially and Educationally Backward Classes, as sabotaged by the previous J&K Govt at the time of implementation of OBC reservation in J&K utilising the powers vested vide Constitution of J&K and Article 370, may kindly be replaced in the J&K Reservation Act and Reservation Rules in accordance with Article 15&16 of the Constitution of India, so that long outstanding justice is provided to OBC category in J&K. It was also requested to the Chairman J&K SEBC Commission that RBA and ALC category may be removed from the Backward Classes as declared by the previous Govt.
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