Fairness & Effectiveness in Reservation System

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Prof. Sudhir K. Jain Photo_16082018114032.jpg
To
Parliament
The present system of reservation will explode in next about 30 years due to social conflict between General & Reservation category people. How long will General category people tolerate shrinking opportunities in jobs, promotions, admissions etc? Political visionaries, if any, MUST take preemptive action to prevent such social conflict that is bound to destroy our Mother-India. Suggestion: Any reserved category person should get 3 times benefit and his/her children should compete in General category. This will eventually allow all current non-beneficiary SC/ST/OBC people to get the real benefit of the Reservation System. – Prof. Sudhir K. Jain
The Petition was also marked to:
Presidents of all political parties
 - 
1. In 1963 itself, S.C. in the case AIR 1963 SC 649 Judged that ” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “.

2. In 1985 S.C. in the case: AIR 1985 SC 1495 : directed 1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 15 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .

These parts of the 2 Judgments are in addition to the clarifications and comments made by the Judges.

This only is the Justified system to be followed .

The issue of special provisions to socially and educationally backward under Article 15 [4] ; educational and economic interest of Weaker Sections particularly the S.C.S.T. Castes are different for providing aided education and special scholarships for these Classes.

The constitution did not mention the Castes except S.C. and S.T. BUT, ONLY THE POLITICALLY SELFISH LEADERS HAVING AUTHORITY OF RULE CARRIED THE " Castes " against the Constitutionally written-down mandates and also against the declaration of Dr. Ambedkar in the Constituent Assembly where he stated that " Castes are anti national since they create jealousy and antipathy in one side , and also anti national on the other way since they create rivalry between Castes " . This is what is now being witnessed by many Castes fighting for Reservations since many are Striving and Starving while the Reservations had been carried irrespective of Economic Status WHICH IS ABSOLUTE INJUSTICE TO THE POOREST OF THE POOR having same right under these particular Articles of the Constitution .

S.C. in 1963 itself identified this injustice and ordered the above Judgment . more  
Aug 16
1. In 1963 itself, S.C. in the case AIR 1963 SC 649 Judged that ” It does not mean that once a caste is considered backward class then it should continue to be backward for all the time. The Government should review the test and if a class reaches the state of progress where reservation is not necessary it should delete that class from the list of the backward Classes “.

2. In 1985 S.C. in the case: AIR 1985 SC 1495 : directed 1. The Reservation in favour of the SCs. and STs. must continue as at present that is, without application of a means test. for a further period of 15 years . Another 15 years will make it 50 from the commencement of the Constitution , a period reasonably long for these classes to overcome the baneful effect of social oppression , isolation and humiliation ;
2. the means test, that is, the test of economic backwardness ought to be applicable even to the SCs. and STs. after 15 years { after 2000 AD } ;
3. so far other backward classes are concerned two tests should be applied :-
a. that they should be comparable to the SCs. and STs. in the matter of their backwardness ;
b. that they should satisfy the means test such as the State Government may lay down, in the context of prevailing economic conditions ;
4. the policy of reservations in employment , education and legislative institutions should be reviewed every five years or so. This will afford an opportunity to the State to rectify distortions arising out of particular facts of the reservation policy .

These parts of the 2 Judgments are in addition to the clarifications and comments made by the Judges.

This only is the Justified system to be followed .

The issue of special provisions to socially and educationally backward under Article 15 [4] ; educational and economic interest of Weaker Sections particularly the S.C.S.T. Castes are different for providing aided education and special scholarships for these Classes.

The constitution did not mention the Castes except S.C. and S.T. BUT, ONLY THE POLITICALLY SELFISH LEADERS HAVING AUTHORITY OF RULE CARRIED THE " Castes " against the Constitutionally written-down mandates and also against the declaration of Dr. Ambedkar in the Constituent Assembly where he stated that " Castes are anti national since they create jealousy and antipathy in one side , and also anti national on the other way since they create rivalry between Castes " . This is what is now being witnessed by many Castes fighting for Reservations since many are Striving and Starving while the Reservations had been carried irrespective of Economic Status WHICH IS ABSOLUTE INJUSTICE TO THE POOREST OF THE POOR having same right under these particular Articles of the Constitution .

S.C. in 1963 itself identified this injustice and ordered the above Judgment . more  
Aug 16

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