Azim Premji's comment on reservation

Hi all

I doubt if AzimPremji made this remark!

I feel this whole issue is politically driven and will eventually find a way. The government is determined to pass the law. At Max this percentage will be less than 27% and will be implemented in phases so that the infrastructure of the institutes can be raised. Almost all universities will get grants for this and hence government will impose additional education cess on the tax payer in the coming budget.
I also feel that Government cannot base it on economic status of an individual (Lack of data)
The intention is not bad but the expense would be less chances for those who cannot BUY their seats in the higher education. A person should not be deprived of an education opportunity if he deserves it.

That is my opinion
Saurabh

Hi Check this out.....................

Attached Images

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Hai Pankaj,

The paper cutting was nice. No one ants Reservation to be existing in any form.But the politicians made them exist for thier purpose.
What do you say.

Kiran

Hi,
I totally agree with you Resevations are not the solution to bring lower strata up. It can create bad Effects also in many ways for Example
What if any body will get Job from reservation in MBBS and not having knowledge at and if that person hell go to operation do u think the person will come alive. God Knows. that's why for every position its important to give according to the performance in Exam only and his knowledge level.

I don't know how some people are replying in different way and supporting this reservation.

Thanks and Regards,
Wricha

Hi Anu I agree with you what i thought is like let all the people give exams even SC/ST people also and if they are getting selected then they can give concession on their fees based on their status

Reservation : Ultra Vires the Constitution ??

Introduction :

The Class discrimination and casteism prevalent in the pre-independent India coloured by orthodox beliefs, Illiteracy and social vices sowed the seeds of transcendence in the minds of the constitutional framers to initially protect and nurture the oppressed and backward classes and gradually merge them into the social mainstream of the nation.

This was done with a view to eventually make them self-reliant and bring them on par with the so-called privileged class.

The various provisions in the Indian Constitution in the form of Articles 14, 15, 16 & 17 legislated for the upliftment of the backward classes has failed, not in the terms of implementation but by creating a legal Frankenstein.



Constitutional Validity Vis-à-vis the New Reservation Policy.

The proposed increase in quota from that of the existing 27% to an additional 20% with respect to the OBCs in the Central Government Offices and extending the law to the Private sector and Professional Courses has left the nation seething with rage.

Adding to the above 47%, the existing 22% reservation accorded to the SCs and STs works to a staggering figure of 69% with only 31% of seats left for the General classes.

This calls for the analysis of the very provisions which empower the legislature to enact and question the constitutional validity of the proposed reservation policy.

Article 14: declares : "the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India".

This Fundamental right may be analysed as under:-

The term "Equality before Law" : implies the absence of any special privileges in favour of individuals and the equal subjection of all classes to the Ordinary laws.

It, in simple words means that "no one is above law."

However, the legislature vide A 15(4) can make special provisions for the advancement of backward classes.

According them special privileges at the time when India was an Infant democracy and under the then existing socio-economic-political scenario, it was relevant.

In the present context where India is well into 50yrs of independence making vast inroads in the spheres of Education, Technology, Industrialisation , where caste and class systems have melted into the social and cultural pot of inter-caste marriages,

A further increase in quota is uncalled for.

Since laws are enacted to suit the needs of time, such a law does not serve the object of equality as envisaged by the Constitutional Framers in light of the following Statistics:

Fifty-nine years of Independence with the reservation policy has witnessed 79.88% of High-school dropouts among SCs.

Over 80% of reserved seats in Industrial Training Institutions are vacant as there are no takers.

A further appalling state can be reflected with respect to unfilled posts in SC and ST categories in the Public Sector and Educational Institutions

State Total Reservation unfilled posts

Bihar 50% 62500

Rajasthan 49% 41565

The situation in the other states like Haryana, H.P, Punjab and Tamil Nadu is equally pathetic, if not more staggering.

In the light of the above statistics, a further reservation would only be a mockery of the object of law.

The present circumstances do not warrant for further special privileges as it would not be consistent with the term "equality before law".

Equal Protection of Law: the other aspect of A-14 is a positive concept implying equality of treatment in equal circumstances.

It is granted that "like should be treated alike and not that unlike should be treated alike."

This, in simple words implies that people under similar circumstances should be treated alike.

However, the society being dynamic, absolute equality of circumstances is not possible for any Government to achieve.

The Law is required to make a Reasonable Classification based on the similarities of the circumstances. This enables the law to enact special provisions for the under-privileged classes and vulnerable groups like women and children.

Articles 15(3), (4), 16(4),(4-A), 330-342 are evidences of this object of the constitution.

But nowhere has the constitution defined the term Reasonable Classification as it is subject to changes with passage of time and circumstances. The intent of the constitutional framers was to leave the definition open to the interpretation of the generations to come based on the needs of the society.

This is reflected in the words of Bhagwati, J. in Maneka Gandhi v. Union of India : "Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits."

While A-14 permits reasonable classification, It prohibits class legislation.

Class Legislation means that which makes an improper discrimination by conferring particular privileges upon a class of persons selected from a large number of persons, all of whom stand in the same relation to the privilege granted.

On these lines, if reasonable classification is permitted it is nowhere justified to create a new breed of minority, viz, the general class.

With 69% reservation available to SCs, STs and OBCs, the General Class being left with only 31% have become a minority and a discriminated class.

After enjoying the privileges of reservation for 59yrs, the backward classes cannot be termed to be called so as they have emerged to be the Privileged Class.

If these classes have not progressed with existing reservation in the last 59yrs, it would be fanciful on the Legislature's part to presume that much can be achieved with further reservation in the next decade.

On the basis of this argument, it would be appropriate to draw a new list of the under-privileged class vide A-341 & A-342 and place the General Class in it.

Since, the new reservation policy does not stand the test of reasonable classification as the circumstances are more favorable to the Backward Classes and detrimental to the interests of the General Classes, especially, the meritorious candidates, it is Constitutionality is questionable.



A-14 vis-à-vis Arbitrariness:

Arbitrariness implies "caprice", "malafide."

In E.P.Royappa v. State Of Tamil Nadu, Bhagwati, J. propounded the concept of equality in the following words :

"Equality is a dynamic concept with many aspects and dimensions and it cannot be cribbed, cabined and confined within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to politic logic and constitutional law and is therefore violative of A-14."


The New Reservation Policy does not seek to achieve anything different from what the existing policy aims to do.

As is evident from the number of unfilled reserved seats , high percentage of drop-outs and no takers for Industrial Training courses reserved for the backward classes, increasing the quota would be arbitrary and discriminatory to the meritorious students and candidates who are deprived of admission and employment.

It is capricious to deny employment and admission where there are a number of seats lying vacant.

It is imperative to fill those vacant seats and not increase the quota which would add to the unemployment woes of the nation.

The object, in view of the above only acts arbitrarily against the meritorious candidates.

Thus, The New Reservation Policy on this count proves to be unconstitutional and ultra vires and violative of A-14.


A-21 vis-à-vis The New Reservation Policy:

A-21 declares: "No person shall be deprived of his life or personal liberty except according to the procedure established by law."

This life-line of the Fundamental Rights includes: "Right to Education" among the myriad of rights granted under A-21.

The Supreme Court has ruled in :

Unni Krishnan v. State of Andhra Pradesh and Mohini Jain v. State of Karnataka that :
"Right to education directly flows from the right of life and hence, it is very much a Fundamental Right."

Denying admission to the meritorious students on the basis of reservation when there are seats lying vacant amounts to the violation of their right to education.

The Reservation policy is violative of A-21 which renders it unconstitutional as it poses to be an obstacle in pursuit of education .



Conclusion:

With 110 OBC Members of Parliament, 12 OBC Chief Ministers, A Sikh Prime Minister, A Muslim President heading the nation, the question of class discrimination and religious considerations have proved to be of little relevance in the present socio-political scenario. India has risen from the ashes of sati practice to women empowerment in highest of the offices.

The need of the hour is to provide financial aid to the economically weaker sections as it one of important factor which has led to drop-out rate of 79.88% among the SCs and STs.

10,000 in H.P, 12,519 in T.N, 30,000 in Punjab, 41,565 in Rajasthan, the story of the vacant seats reserved for OBCs, SCs, STs in various Government Undertakings and Educational Institutions to due lack of eligible candidates is a corollary of 79.88% drop-out rate.

The Constitutional Framers aimed at making the then backward classes self-reliant and not walk with the aid of crutches in the form of reservation even after 59yrs of Independence.

The time is ripe for the legislature to eliminate terms such as OBCs, STs, SCs with the help of social reforms and economic aid and to recognize each to be an Indian citizen and no further.

The Morality of injustice that would be meted out against the Student Community and the general classes by the implementation of the new policy has not weighed on the conscience of the Legislature, even if it fails to understand that the policy is violative of A-14 & A-21.

History has witnessed that any law enacted against the wishes of the masses has led to the early death of such Austinian Governments. In the era where boundaries between countries are shrinking, laws which only widen the gulf of class and caste discrimination would not find place for itself in the new world order!!!

Hello Friends,

I came across this nice interesting article...............definitely made me sit back and think............


This is not just about brahmins, but most of the so called Upper
caste's lower middle class ppl.
Notice that the columnist is a non-hindu.

Francois Gautier

At a time when the Congress government wants to raise the quota for
Other Backward Classes to 49.5 per cent in private and public sectors,
nobody talks about the plight of the upper castes. The public image of
the Brahmins, for instance, is that of an affluent, pampered class. But
is it so today?


There are 50 Sulabh Shauchalayas (public toilets) in Delhi; all of
them are cleaned and looked after by Brahmins (this very welcome public
institution was started by a Brahmin). A far cry from the elitist image
that Brahmins have!
There are five to six Brahmins manning each Shauchalaya. They came to
Delhi eight to ten years back looking for a source of income, as they
were a minority in most of their villages, where Dalits are in majority
(60 per cent to 65 per cent). In most villages in UP and Bihar, Dalits
have a union which helps them secure jobs in villages.


Did you know that you also stumble upon a number of Brahmins working
as coolies at Delhi's railway stations? One of them, Kripa Shankar
Sharma, says while his daughter is doing her Bachelors in Science he is not
sure if she will secure a job.
"Dalits often have five to six kids, but they are confident of
placing them easily and well," he says. As a result, the Dalit population is
increasing in villages. He adds: "Dalits are provided with housing,
even their pigs have spaces; whereas there is no provision for gaushalas
(cowsheds) for the cows of the Brahmins."


You also find Brahmin rickshaw pullers in Delhi. 50 per cent of Patel
Nagar's rickshaw pullers are Brahmins who like their brethren have
moved to the city looking for jobs for lack of employment opportunities and
poor education in their villages.
Even after toiling the whole day, Vijay Pratap and Sidharth Tiwari,
two Brahmin rickshaw pullers, say they are hardly able to make ends
meet. These men make about Rs 100 to Rs 150 on an average every day from
which they pay a daily rent of Rs 25 for their rickshaws and Rs 500 to Rs
600 towards the rent of their rooms which is shared by 3 to 4 people or
their families.
Did you also know that most rickshaw pullers in Banaras are Brahmins?


This reverse discrimination is also found in bureaucracy and
politics. Most of the intellectual Brahmin Tamil class has emigrated outside
Tamil Nadu. Only 5 seats out of 600 in the combined UP and Bihar assembly
are held by Brahmins -- the rest are in the hands of the Yadavs.
400,000 Brahmins of the Kashmir valley, the once respected Kashmiri
Pandits, now live as refugees in their own country, sometimes in refugee
camps in Jammu and Delhi in appalling conditions. But who gives a damn
about them? Their vote bank is negligible.
And this is not limited to the North alone. 75 per cent of domestic
help and cooks in Andhra Pradesh are Brahmins. A study of the Brahmin
community in a district in Andhra Pradesh (Brahmins of India by J
Radhakrishna, published by Chugh Publications) reveals that today all purohits
live below the poverty line.
Eighty per cent of those surveyed stated that their poverty and
traditional style of dress and hair (tuft) had made them the butt of
ridicule. Financial constraints coupled with the existing system of
reservations for the 'backward classes' prevented them from providing secular
education to their children.


In fact, according to this study there has been an overall decline in
the number of Brahmin students. With the average income of Brahmins
being less than that of non-Brahmins, a high percentage of Brahmin
students drop out at the intermediate level. In the 5 to 18 year age group, 44
per cent Brahmin students stopped education at the primary level and 36
per cent at the pre-matriculation level.
The study also found that 55 per cent of all Brahmins lived below the
poverty line -- below a per capita income of Rs 650 a month. Since 45
per cent of the total population of India is officially stated to be
below the poverty line it follows that the percentage of destitute
Brahmins is 10 per cent higher than the all-India figure.
There is no reason to believe that the condition of Brahmins in other
parts of the country is different. In this connection it would be
revealing to quote the per capita income of various communities as stated by
the Karnataka finance minister in the state assembly: Christians Rs
1,562, Vokkaligas Rs 914, Muslims Rs 794, Scheduled castes Rs 680,
Scheduled Tribes Rs 577 and Brahmins Rs 537.
Appalling poverty compels many Brahmins to migrate to towns leading
to spatial dispersal and consequent decline in their local influence and
institutions. Brahmins initially turned to government jobs and modern
occupations such as law and medicine. But preferential policies for the
non-Brahmins have forced Brahmins to retreat in these spheres as well.


According to the Andhra Pradesh study, the largest percentage of
Brahmins today are employed as domestic servants. The unemployment rate
among them is as high as 75 per cent. Seventy percent of Brahmins are
still relying on their hereditary vocation. There are hundreds of families
that are surviving on just Rs 500 per month as priests in various
temples (Department of Endowments statistics).
Priests are under tremendous difficulty today, sometimes even forced
to beg for alms for survival. There are innumerable instances in which
Brahmin priests who spent a lifetime studying Vedas are being ridiculed
and disrespected.
At Tamil Nadu's Ranganathaswamy Temple, a priest's monthly salary is
Rs 300 (Census Department studies) and a daily allowance of one measure
of rice. The government staff at the same temple receive Rs 2,500 plus
per month. But these facts have not modified the priests' reputation as
'haves' and as 'exploiters.' The destitution of Hindu priests has moved
none, not even the parties known for Hindu sympathy.
The tragedy of modern India is that the combined votes of Dalits/OBC
and Muslims are enough for any government to be elected. The Congress
quickly cashed in on it after Independence, but probably no other
government than Sonia Gandhi's has gone so far in shamelessly dividing Indian
society for garnering votes.


The Indian government gives Rs 1,000 crores (Rs 10 billion) for
salaries of imams in mosques and Rs 200 crores (Rs 2 billion) as Haj
subsidies. But no such help is available to Brahmins and upper castes. As a
result, not only the Brahmins, but also some of the other upper castes in
the lower middle class are suffering in silence today, seeing the
minorities slowly taking control of their majority.


Anti-Brahminism originated in, and still prospers in anti-Hindu
circles. It is particularly welcome among Marxists, missionaries, Muslims,
separatists and Christian-backed Dalit movements of different hues. When
they attack Brahmins, their target is unmistakably Hinduism.
So the question has to be asked: are the Brahmins (and other upper
castes) of yesterday becoming the Dalits of today?



Regards,
Ramya

Well....Well...So much said...but seems like the govt is very much keen on having Mr. arjun's Proposal for Easy Raaj

Well in the Near future there would be BFC: Backward Forward Castes as soon as these Reservation are passed off in the Parliament



An excerpt from Emcee's diary exactly 50 years from now



Diary of a Non-Obc Man





Ahmedabad, 30 April 2056: I attended the bash at the IIM-OBC Alumni Association to celebrate the fiftieth anniversary of the
reservation of seats for OBCs (Other Backward Castes) in IIMs. Since I'm not an OBC, I was not supposed to attend, but at present,
we MBFCs (Moderately Backward Forward Castes) together with the Non-Scheduled Tribes have a political alliance with the OBCs. We sipped
champagne and talked about how so many of us had progressed from reserved seats in the IIMs to reserved jobs to reserved promotions. Unfortunately, the party broke up when a Non- scheduled Tribes faculty member objected to the OBCs dancing with all the pretty girls
he wanted equal opportunities for every caste at each dance. I pointed out that the Non-scheduled Tribes had exceeded the quota of
champagne reserved for them. The party ended in a pitched caste battle.

1) May 2056: Today, I became president of the IIM Board of Directors. Under the present rotating presidency system, a member of each
caste is made the president by turn. When it was the turn of the MBFCs for president, they had to choose me because I'm the only MBFC
on the campus. True, I'm only the campus dhobi, but then every caste must be given an equal opportunity. All those centuries of oppression
by the OSBFCs (Only Slightly Backward Forward Castes) and the OFCs (Other Forward Castes) must be rectified. I hope to restore the high
standards at IIM - I overheard some foreigners calling it the Indian Institute of Morons, the other day.

2) May 2056: They've announced the cricket team for the series against Australia. I was overjoyed when they chose an MBFC man as captain.
But my hopes were dashed when I realised he was a Most Backward Forward Caste and not a Moderately Backward Forward Caste. The selection committee lamented that it was gross discrimination that no member from the Jarowa tribe (the Stone Age tribe in the Andamans) had ever found
a place in the Indian cricket team. A squad has since been dispatched to the Andamans to capture a Jarowa tribal to play in the national team. I hope he will improve their performance - they had an innings defeat against the Maldives recently. I would have played myself except for the fact that I lost a leg some years ago when I was in hospital with a toothache and a doctor recruited through the Unscheduled Caste quota extracted my leg instead of my tooth.

3) May 2056: There are too many NFCs (Neo-Forward castes) in the IT business. Under the terms of the Business Reservation Act, their
firms will now be taken over by the other castes. I hope they will be able to restore the Indian IT industry back to its former glory. For some
unfathomable reason, it has gone down the drain after job reservations were implemented. I went for a movie featuring star actor Mungeri Ram. He may lack teeth, be four-feet-three and have hair growing out of his nose, but this year it's the turn of the EBC-RYs (Extremely Backward Caste-Rural Yokels) to be stars and Mungeri Ram is the best of the lot. I wonder why foreign movies have become so popular.

4) May 2056: A truly great day. We now have an OFBMBC (Other Forward But Moderately Backward Caste) general as the Head of the Armed Forces. I hope he'll be able to win back the territory we lost ever since reservations were implemented in the Army. Since then, the north has been taken by Pakistan, the North-east by China, the east by Bangladesh and the south by Sri Lanka and the Maldives. Only last winter, we lost the war against Bhutan and free India is now limited to the western coastal states. But I'm sure the OFBMBC general will turn the tide.

5) May 2056: My wife and I have been blessed with a bonny daughter. Since my wife's an SBBNSBC (Slightly Backward But Not So Backward Caste), my daughter will be an MBFC-SBBNSBC. I must lobby for reservation for her caste. She's the only member and I'm sure she has a great future.

No offence!!


Now you see How many categories we can have after these Reservations...................................... ................





WELL WE HAVE TO LISTEN TO WHAT THIS GOVT SAYS!

Hi Guys........

Good Info from you all....

Now Check this out

Attached Images

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Hi Ramya,

The Article which you have mentioned can definitely make anybody sitdown and think.....................

Well lets pray for this curse of Reservations stops