Anil Sarkar Demands to Identify Caste Hindu Creamy Layer, too
Plash Biswas
(contact: Palash Biswas, c/o Mrs arati roy, gosto kanan, Sodepur,
kolkata-700110, India. Phone:033-25659551-r)
The Supreme Court upheld the constitutional validity of the
amendment providing reservations for Scheduled Castes and Scheduled
Tribes for promotion in government jobs. But it said that the creamy
layer has to be excluded from its benefits. A five-judge constitution
bench, headed by Chief Justice Y K Sabharwal said, the overall limit
of 50 per cent reservation cannot be exceeded under any
circumstances. The court said that while providing reservation for
promotion in government jobs, the state has to justify that the SCs
and STs are not adequately represented and that administrative
efficiencies are not impelled.The leftists led by cpim has opined
that the apex court decision is unfortunate. Cpim dalit leader, poet
and socil welfare minister of Tripura Anil Sarkar was present in the
core group meeting held in New delhi on 20 th October.On way
returning to Agartala, on a stopover in Kolkata Mr sarkar told that
he has demanded to deduct the opportunities of promotion of caste
Hindu creamy layer , too. Giving the details of the meeting he
calaimed that the central HRD minister Arjun singh also supported his
demand.
Sarkar also demanded a constitutional amendment to overcome the fifty
percent bar fixed by the apex court so that not only OBC, but dalit
christians and dalit muslims may be accomodated.
Representing the chief minister of Tripura, Manik sarkar, the
minister alleged despite the given fifty percent quota dalits have
only ten percent of jobs available as ninety percent job is captured
by caste Hindus. According to him, policy making posts are never
meant for Sc, St or Obc.
A meeting of Chief Ministers and Education Ministers of states and
the core group of ministers looking after implementation of 27
percent reservation for OBC students in unaided institutions, held in
New Delhi ton 20 th Oct. This meeting held in a bid to evolve a
consensus on the issue of OBC quota in unaided institutions. It came
in the wake of the Supreme Court's unhappiness over government's lack
of data on the subject. A Core Group of Ministers headed by Defence
Minister Mr. Pranab Mukherjee interacted with the state leaders on
the issue after the introduction of the bill in Parliament concerning
aided institutions. The exercise comes at a time when the apex court
has taken a serious note of the proposal for the extension of
reservation without any specific data in place. The court has
observed that the Centre had preferred not to mention the important
issue of "creamy layer" in its affidavit which, according to the
Indra Sawhney judgement in the Mandal case, was to be kept away from
the scope of reservation. The two-day meeting aimed at evolving a
political consensus on quota in unaided educational institutions.
Finance minister P chaidambaram was also present in the meeting.
The Supreme Court laid down general guidelines for holding timely
elections to panchayats and municipalities. A five-judge Constitution
Bench, headed by Chief Justice Y K Sabharwal said, the Election
Commision should try to complete the elections before the expiry of
the five-year term and only in exceptional circumstances like
calamities or breakdown of law and order, the delay will be
justified. The court said, under no circumstances, elections to
panchayats and municipalities should be extended as a regular
feature. It said, any revision of the electoral rolls should be
carried out in time and if it cannot not be done in reasonable time,
elections have to be conducted on the then existing rolls. Expressing
confidence that the Election Commission will take steps to prepare
the electoral rolls on time, the Bench said that under no
circumstance, it shall be delayed in violation of the Constitution.
The Supreme Court has modified its order on the OBC reservation bill
and said that the report of the parliamentary standing committee on
the bill will be placed before it after being tabled in the House.
The court's directive on Monday had triggered a controversy with
political parties coming out strongly against it. Most had pointed
out that the parliamentary committees were accountable to only the
Parliament.
Taking note of additional solicitor-general Gopal Subramanian's point
that the bill was under examination of the committee, the court, in
its order signed on Tuesday has observed that "in all probability,
it is submitted that the report, if received from the Parliament
(committee), will be placed before the Parliament in the Winter
Session which is likely to commence from November 27. Assurance is
given by him (ASG) that a copy of the standing committee's report
shall be placed in a sealed cover before this court."
In fact, the Supreme Court's directive seeking a parliamentary report
on the OBC reservation bill came up at the meeting of the HRD
ministry's standing committee on Wednesday. The issue is believed to
have been mentioned at the meeting but not discussed in detail. What
is, however, believed to have been discussed is the implementation
process of the OBC reservation.
"Creamy Layer" introduced in OBC Quota
Children of the President, the Vice-President, Judges of the Supreme
Court and High Courts will come under "Creamy Layer"- a special
criteria fixed to exclude them from the benefit of OBC quota in
government services and institutes.
Under this criteria persons having a gross annual income of Rs 2.5
lakh or above for three consecutive years will fall in the same
category and their children would not get the reservation that are
provided to OBC classes. Detailing the criteria, an official note
said that children of officers holding equivalent or comparable posts
in public sector units, banks, insurance companies, universities fall
under this category.
The note has also clarified that children of doctors, lawyers,
engineers, chartered accountants, management consultants, dental
surgeon, architects, computer professionals, film artists, sports and
media professionals or any other related persons will be excluded
from the benefit. The criterion is introduced due to a recent "issue"
on the 27% reservation for Other Backward Caste (OBC) in IIMs and
IITs.
Arjun pitches for more funds to SC, ST, OBC students
On the eve of crucial meeting of Chief Ministers and Education
Ministers of states here in a bid to evolve a consensus on the issue
of OBC quota in unaided institutions, Human Resource Development
Minister Arjun Singh on made a strong plea for Central assistance to
children from SC, ST, OBCs and minorities and other weaker sections
in the Eleventh Plan.
"The 11th Plan must come out boldly in favour of giving Central
assistance for pre-matric as well as post-matric scholarships to
children of SC, ST as well as OBCs/minorities (subject to a means
test) and other weaker sections and at adequate rates," he said in a
note at the full Planning Commission meeting chaired by Prime
Minister Manmohan Singh.
Singh reminded the Plan panel that the commitments made by Congress
party through its manifesto especially the National Common Minimum
Programme need to be "articulated with greater stress" in the
Approach Paper to the Plan. These included the need for removing
agrarian distress, promoting employment-oriented growth and achieving
food and nutrition security.
Report on quota bill in Parliament: Standing Committee : In the midst
of a judiciary-versus-legislature debate, a Parliamentary committee
on Wednesday asserted that its report on the OBC reservation in
Central educational institutions would be tabled in Parliament.
"The Committee will submit its report to Parliament", senior Congress
MP Janardan Dwivedi, Chairman of Parliamentary Standing Committee of
the HRD Ministry, told PTI after a meeting in which the issue of the
Supreme Court order seeking a report on the quota Bill came up.
(Agencies)
BANGALORE: In a major setback to oversight committee's move to
implement 27% OBC quota at the premier Indian Institutes of
Management from 2007-'08, directors of six IIMs have thrown up their
hands saying it would be practically impossible to implement the
quota in one go.
The directors of all IIMs who met twice -- in Chennai and Bangalore --
on the quota issue have told the core group on management
institutions chairman Samuel Paul that their plates are full and it
would be unrealistic to launch reservation for OBCs on full scale
from next June.
"To implement 27% reservations, IIMs will have to increase the intake
by 54%. Given the shortage of faculty and inadequate infrastructure,
none of the IIMs can handle this extent of expansion in just one
year.We must stagger the implementation if quality is not to be
compromised.
The preferred option would be to implement it in a modest way," Paul,
former IIM-A director,who heads the core group on management schools,
told The Times of India. If IIM-A has no land to even build a shed,
IIM-Kozhikode has a peculiar problem. The IIM-K director has told the
core group that as the institute is located in a hilly region,
finding a contractor is difficult. The situation is grim even on the
faculty front.
While the premier B-schools are struggling to fill even the
sanctioned posts due to lack of qualified faculty, each IIM will have
to recruit 23 additional faculty if the quota will have to be
implemented.
"This scale of recruitment has never happened in any of the IIMs.
Each institute recruits only about 5-6 faculty every year, but
finding 23 professors will not only result in intense competition
among the IIMs but may also lead to poaching," Paul said.
All IIM directors want the Centre to relax various norms to overcome
limitations in implementing the quota plan. IIMs have suggested that
their respective Board of Governors should be authorised to take
final decisions on matters relating to recruitment, faculty
compensation and capacity building to beat delay in getting
government clearances.
"To attract good faculty you need to offer attractive salary. IIMs
have not been able to offer good compensation since they are bound by
the Pay Commission. The directors have suggested that the retirement
age should be relaxed from 62 to 65 years.
Even during recruitment, the existing rules insist that the faculty
has to be a Ph.D.
"In the areas of accounting, finance and marketing it is difficult to
find a faculty with a Ph.D. In these areas a good chartered
accountant may be appointed," Paul said.
Though a final meeting of IIM directors to finalise their
recommendations is scheduled for next week, Paul feels the entire
exercise would be futile if the Brand IIM suffers due to quota.
"There is immense pressure on IIMs to implement quota because the
intake is limited and pay packets are the best in the country. The
government has to ensure that the brand is not destroyed while
implementing reservations. If there is no brand, nobody gains --
including the OBC.
'
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