Congress to hold conventions of OBCs

In the run-up to the next Legislative Assembly elections, the Other Backward Classes (OBCs) wing of the Karnataka Pradesh Congress Committee (KPCC) has decided to hold a State-, district- and Assembly constituency-level conventions of OBCs from September 20.

President of the KPCC’s OBC wing M.V. Venugopal on Sunday held meeting with presidents of the OBC wings of district Congress committees here and announced that the conventions were aimed at mobilising support of the OBCs in favour of the Congress.

Crucial

Noting that votes of OBCs decide the fate of the party in the coming elections, he said misrule of the Bharatiya Janata Party would be exposed during the conventions. Conventions of the Scheduled Caste and Scheduled Tribe people, OBCs and minorities would be held at divisional levels, he said.

Asked about the number of OBC candidates that the party was planning to field, Mr. Venugopal said, “I have no powers to issue ticket. But I will place proposals about the number of potential winning OBC candidates before the KPCC president.”

Oath

Before the commencement of the meeting, presidents of the district OBC wings took an oath and expressed their solidarity with Mr. Venugopal and also KPCC president G. Parameshwara.

Leaders of the party’s OBC wing would also visit drought-hit districts, Mr. Venugopal said.

Reserved seats for OBCs in Bengal panchayat polls

 If Banerjees and Bhattacharjees or Basus, Sens and Dasguptas, have ruled the roost in Bengal's political scene for all these days, it is time to take a look at other surnames — Kapali, Satchasi, Barui, Mali — from other backward classes (OBC). People with these surnames, both Hindu and Muslim, are poised to hog the limelight in the coming panchayat polls, courtesy Mamata Banerjee government.

The Trinamool Congress government has decided to reserve seats for the OBCs in the three-tier panchayat elections based on the community's representation in rural Bengal. A household survey conducted by the panchayat department bears out that the reservation percentage will be an average 25%. The reservation percentage may go up in districts like Murshidabad, Nadia, and Coochbehar that have a large number of the listed 143 OBCs in the district population. The last OBC census was done in 1931.

The findings of the survey have put forth a challenge before the panchayat department to give due weightage to the OBCs and at the same time keep the total reservation percentage to 50% as mandated by the Supreme Court.

The household survey in rural Bengal is aimed at countering the old Left mindset that didn't recognise the huge presence of OBCs in Bengal, during the Mandal Commission debate. Former land and land reforms minister Benoy Chowdhury had then said there was no sizeable OBC population in Bengal. But later, the Buddhadeb Bhattacharjee government hiked the OBC reservation percentage in government jobs from 7% to 17%. The reality seems much more than what the Left Front government had enumerated.

With 86 surnames of the total 143 listed as OBCs coming from Muslim, the reservation takes care of the minority community that has a sizeable representation at the grassroots. A cursory look at the OBC list suggests that the selection has been made based on the occupation rather than religion that helps the state government to fend for the rural poor without making any religion-based reservation that goes against the Constitution.

The panchayat polls will thus have reservation for women and OBCs other than the scheduled castes and scheduled tribes for the first time in the state. Fifty per cent reservation for women in all categories — general, SC and ST — was announced by former panchayat minister Anisur Rahman, even though it hit a legal roadblock.

Mamata has taken care of it by amending the reservation provision. The new arrangement is less easy than said. The government has to reserve seats for women in all categories after making separate reservation provisions for SC, ST and OBC. Political parties will have to field candidates according to the formula.

CPM leaders have called a three-day extended state committee meeting beginning September 14, where they will explain the complex formula of candidate selection for the panchayat polls. Mamata and state Congress chief Pradip Bhattacharya will hold separate workshops for their partymen.

Chief secretary Samar Ghosh has already held a meeting with state election commissioner Meera Pandey on poll preparations. According to sources, the state election commission wants to have a phase-wise panchayat polls. The chief secretary, however, denied having any such discussion.

"The government has not yet decided on the panchayat poll date. We have just started discussions on the preparations. The government can recommend the date of the panchayat polls anytime within six months before the tenure of the present panchayat ends," Ghosh said.

With the panchayat tenure ending in May, chances are that the state election commission will announce the panchayat polls in January.

Enrolment of OBC students in colleges goes up, that of SC/ST still low: Survey

The percentage of students from the Other Backward Communities who have enrolled in higher education has gone past 27 per cent, but the number of students from the Scheduled Castes and the Scheduled Tribes continues to be unacceptably low, an official survey has revealed.

Indicating an impressive increase in the Gross Enrolment Ratio from 15 per cent in 2009-10 to 18.8 per cent in 2010-11, the survey shows that the enrolment of women has increased substantially from 12.7 per cent to 16.5 per cent during this period, as against that of men, where the increase has been from 17.1 per cent to 20.9 per cent. This, even as only 1 per cent of the universities and 9 per cent of the colleges are meant exclusively for girls.

Of the students in higher educational institutions, OBC students comprise 27.1 per cent, with 27.3 per cent being male and 26.8 per cent being female. However, the Scheduled Castes comprise only 10.2 per cent of the enrolment, with 10.3 per cent male and 10.1 female, while the Scheduled Tribe enrolment is extremely low at 4.4 per cent, with males and females almost on a par, according to an All India Survey on Higher Education, conducted by the Ministry of Human Resource Development.

“Higher enrolment indicates growing interest in higher education in India. The figures show that India has the highest number of students in colleges after the United States,” Mr. Sibal said, after releasing a first-of-its-kind survey.

There is reservation for all these categories in higher educational institutions. Twenty seven per cent seats are reserved for OBC students, 15 per cent for the Scheduled Castes, and 7.5 per cent for the Scheduled Tribes. However, quotas are applicable only in Central educational institutions. The data on these categories is based primarily on the reservations in publicly-funded institutions, as well as voluntary disclosures.

The initial survey released by Human Resource Development Minister Kapil Sibal here on Friday was based on information collected from 448 universities, 8,123 colleges, and 4,076 standalone institutions, until July 31. It is a voluntary exercise, and will help in gathering relevant statistics on higher education on various parameters.

The survey has also suggested that while the number of private unaided colleges accounts for a major share of the total number of colleges (57 per cent), the enrolment in such colleges is only 38 per cent of the total enrolment. The number of students per college under private unaided is the lowest, with just 529. Among the responding colleges, approximately 57 per cent are under private management, and 22 per cent come under the government sector. As far as standalone institutions are concerned, 64 per cent of the responding institutions come under private management.

Thirty-six per cent of the responding universities, 48 per cent colleges, and 56 per cent standalone institutions are located in rural areas. Of the 621 universities (though only 448 uploaded the details) 59 are in Tamil Nadu, 56 in Uttar Pradesh, and 46 in Andhra Pradesh. Though there are 27,468 colleges, only 8,123 participated, of which 4,815 are in Andhra Pradesh, 3,657 in Uttar Pradesh, and 3,328 in Maharashtra. There are 4,118 standalone technical institutions, of which 1,243 are in Maharashtra, while the highest number — 129 — standalone nursing colleges are in Kerala. There are only 308 nursing colleges in the country.

Govt to raise OBC reservation quota in Jammu and Kashmir

Likely To Go Up From 2% To 27%’

Sep 25: Jammu and Kashmir government is ‘actively considering’ the demand for enhancement of OBC reservation from 2 percent to 27 percent in the state.

“We are seriously thinking over the demand and government is already working on it”, Vice Chairman State Advisory Board for the Welfare and Development of Other Backward Classes (OBC), Kuldeep Raj Verma, told reporters here on Tuesday.

He said the state government has approved construction of two hostels one each at Jammu and Srinagar to provide accommodation facilities to the youth from Other Backward Classes (OBC) pursuing studies in the twin capitals of the state.

The government has already allotted 15 kanals of land for construction of OBC hostel and OBC Bhawan at Kiang in Jammu and Pampore in Kashmir, he added.

Verma said till the hostels are constructed, accommodation would be provided in rental buildings.

Listing the measures taken by the government for the welfare of the OBC population on the recommendations of the Advisory Board, Verma informed that the government has agreed to provide loan to 100 OBC youth this fiscal through Entrepreneurship Development Institute (EDI), besides providing admission to the OBC candidates in ITIs under special quota.

He informed that State Advisory Board for the Welfare and Development of Other Backward Classes was vigorously pursuing the issues of OBC people with the government as a result of which the government has enhanced the income slab of Rs 3 lakh for obtaining OBC/OSC certificate to Rs 4.50 lakh.

Verma said that the people of these classes have to face lot of difficulties for getting such certificates and now on the recommendation of the Board the government has decided to issue OBC/OSC certificates simultaneously in one go.

He said that on the pattern of Government of India the pre-matric scholarship for OBC candidates has been enhanced to Rs. 44,500 and post-matric to Rs 1 lakh per annum.

OBC leaders too demand quota in job promotions

The politically-powerful OBC bloc has begun to flex its muscles for reservation in promotions, casting a shadow on the bill to restore the facility for SCs/STs that has already run into resistance from Samajwadi Party and BJP.

A day after DMK chief M Karunanidhi supported the demand for "promotion quota" for OBCs on par with the one proposed for Scheduled Castes and Scheduled Tribes, other chieftains like Lalu Prasad and N Chandrababu Naidu on Thursday threw their weight behind the fresh quota clamour.

Wednesday had also seen members of OBC Parliamentary Forum, headed by Congress's V Hanumantha Rao, demanding that the Centre bring a law to institute "promotion quota" for backwards. The OBC Forum, a pressure group comprising members of all political parties, submitted a formal demand to Prime Minister Manmohan Singh.

The flurry of statements from backward satraps seeking parity with dalits and tribals coincides with the Centre's effort to amend the Constitution to clear the legal hurdles holding up restoration of "promotion quota" for SCs and STs.

The demand to extend "promotion in reservation" to OBCs is not new but had so far been expressed more as a wish. The OBC leadership still appears to acquiesce into the reality, though increasingly grudgingly, that the special circumstances of dalits and tribals -- from untouchability to primitive living conditions -- placed them on a special footing insofar as affirmative action was concerned.

Even on Wednesday, the DMK chief stressed that he was not demanding a "promotion quota" for OBCs as a condition for supporting the Constitution amendment bill for SCs and STs. He even urged political parties to support the bill introduced in Rajya Sabha.

However, the chorus over the past few days marks the beginning of the transformation of the hope into a sense of entitlement; one that was strongly articulated by SP in the all-party meeting held on August 21 to discuss the Constitution amendment bill and, again, on Wednesday after the legislation was introduced in Rajya Sabha.

Political observers find the pitch significant also because of the growing vulnerability of the regime at the Centre, pointing out that their success in 1990 when they coaxed the then PM V P Singh to implement the Mandal Commission's recommendation for an OBC quota in central services could be the inspiration.

Although supported by every political party, implementation of "Mandal award" had not seemed a realistic prospect until Singh, anxious to continue in office, made the fateful announcement in August 1990.

The demand from backward leaders ties in with the grudge among their core constituents that 'promotion quota' for dalits puts them back in their professional careers. SP chief Mulayam Singh Yadav angrily complained on Wednesday that "promotion quota" for dalits and tribals would turn "juniors into seniors and vice versa".

Who will tolerate this," the SP chief thundered just after his troops in Rajya Sabha tried to stop the government from introducing the Constitution amendment bill.

In their grievance against the "special status" for dalits and tribals in quota matters, they have a ready compact with upper castes. Leaders like Mulayam see this convergence of grievances as a political opportunity that can be milked at the hustings. Entrenched upper caste lobbies in Congress and BJP are not unhappy, as they hope to leverage the OBC clamour for parity with dalits and tribals in "promotion quota" to thwart the passage of the bill.

BSP supremo Mayawati on Thursday demanded that the Centre extend the monsoon session, ending on Friday, by 10 days to pass the bill.

She said the continued disruption in Parliament showed that the Centre was only playing the charade of trying to pass the bill. She demanded that the Centre restore order in Parliament by talking to BJP on Coalgate and to parties opposed to the bill. "Else, dalits will never forgive the two-faced central government," she said.

The bill seeks to amend the Constitution to exempt promotion quota for dalits and tribals from the criteria of 'backwardness, adequate representation and administrative efficiency'. The apex court has made the three conditions mandatory for giving promotion quota to SC/STs.

In its Indira Sawhney judgment of 1995, the SC had, while upholding Mandal Commission's recommendations, termed promotion quota for all categories -- dalits, tribals and OBCs -- as unconstitutional. The Centre amended the Constitution to insert Clause (4A) in Article 16 to insulate 'promotion quota' for dalits and tribals from the apex court verdict, but left the OBCs out.

The differentiation stands, with the personnel ministry telling Parliament on Wednesday, "The provisions of the Constitution do not enable the government for making provisions for reservation in promotion in favour of OBCs." It said the government was not considering any proposal for promotion quota to OBCs and backward minorities.

UP polls 2012: Fight for OBC votes

Purvanchal or eastern UP is the most backward region of the state. Yet, its backwardness has, unfortunately enough, never been an issue in elections. It’s the same story this time, too. Over 1.92 crore people in nine districts of Purvanchalwill vote in the second phase of the UP Assembly poll on Saturday to elect 59 MLAs. The candidates include some senior leaders and criminals. But neither criminalisationnor lack of development is on the electoral agenda. Political observers say ultimately it is the caste factor which would play a decisive role in this OBC-dominated region.

This phase is likely to resemble the first phase in that a stiff SP-BSP contest is on the cards in this region, too. The BSP holds the highest number of seats here (32), and its bid to retain the maximum number would be challenged by SP which stood second last time with a tally of 20.

Besides the SP and BSP, it is the BJP whose prestige is at stake in this phase. Though the BJP does not have a major presence in the area as is reflected in the number of seats (07) it won in 2007, the involvement of several of its senior leaders has made it a prestige issue for the saffron brigade.This phase will also prove to be a litmus test of the popularity and influence of BJP MP and Hindutva champion Yogi Adityanath.

The Yogi has always had a decisive say in ticket distribution. But this time around, his choice was ignored in several constituencies, includingGorakhpur, where the Goraksh Peeth is the Yogi’s base. To express his disgruntlement, Yogi has fielded a candidate of his Hindu Yuva Vahiniagainst state BJP president in Pathardeva (Deoria). In Ramkola, the sittingBJP MLA Shambhu Chowdhry is in the fray as a rebel against the officialBJP candidate.

For the BSP, too, this terrain is crucial. Apart from holding the highest number of seats here, the party’s state president Swami Prasad Maurya is also contesting in this area. All parties have played on the caste factor in this region. The BJP brought in Rajnath Singh in Thakur-dominated areas, MM Joshi to woo the Brahmins, and Uma Bharti and Vinay Katiyar for theOBCs.

New Parliamentary Committee on welfare of Other Backward Classes

New Delhi: In a bid to uplift the backward classes, a Parliamentary panel is being constituted which would look into issues related to the welfare of the community.

The Lok Sabha on Wednesday adopted a motion to set up a Committee on Welfare of Other Backward Classes (OBCs).

In a view to gain the political mileage from the OBCs of Uttar Pradesh in the upcoming Assembly elections in 2012, Congress General Secretary Rahul Gandhi has initiated this move. However, this is for the first time that the Congress is playing the ‘backward class card’ for the elections. 

Notably, Union Steel Minister Beni Prasad Verma had been advocating for setting up a different Parliamentary panel for OBCs from quite some time.

The Committee will comprise 30 members, 20 from Lok Sabha and 10 from Rajya Sabha, Parliamentary Affairs Minister P K Bansal said in the lower house. 

The Committee will consider the reports submitted by the National Commission for Backward Classes and report to both the Houses on the measures that should be taken by the Union government within its purview and the Administrations of the Union Territories.

The members of the Committee shall hold office for a period of one year from the date of the first meeting and the quorum to constitute a sitting shall be 10.

Cabinet clears expansion of OBC list

The Union cabinet has approved changes to the list of Other Backward Classes (OBCs), a move that could add nearly a hundred new castes to the category nationwide and make the ongoing caste census easier.

The cabinet on Wednesday also gave its nod to a draft law to curb malpractices in higher education.

OBCs are socially and economically disadvantaged communities entitled to 27% reservation in public sector jobs and higher education. They form around 40% of the national population, according to a 2004-05 National Sample Survey Organisation report. The government changes the OBC list according to the socio-economic upliftment of these communities.

The National Commission for Backward Classes (NCBC) had advised the government to amend the list of OBCs in Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Sikkim, Tamil Nadu, Uttarakhand and West Bengal, the government said in a statement. “Accordingly, the ministry of social justice and empowerment would make amendments in the central list.”

NCBC member Shakeel-uz-Zaman Ansari said the decision “will help the government move ahead with the categorization of castes under the socio-economic caste-based census which it is working on”.

India’s first census of castes since 1931 is due to be released this year. It is meant to improve the execution of various welfare programmes for disadvantaged groups, particularly a proposed law on food security.

A person familiar with the development said the new list will not only include new castes but also the alternative names of the same castes in various states, as well as spelling corrections of some caste names.

“The number of additions could be as high as 100 (castes),” said this person, asking not to be identified.

“Major changes have happened in Kerala, Maharashtra and West Bengal,” Ansari said. “In West Bengal, the number of OBCs has been expanded. Besides, the lists for OBCs in Jharkhand and Uttarakhand after their bifurcation from Bihar and Uttar Pradesh (respectively) have been updated.”

Analysts said the move could have political overtones.

“The ongoing caste census is facing opposition from several political parties and this move in some way is aimed at neutralizing that criticism. This also expresses willingness at winning new vote base or expanding the existing base,” said Praveen Jha, associate professor at the Centre for Economic Studies and Planning, Jawaharlal Nehru University, New Delhi.

“But the political situation in our country is unique and such moves can take any unpredictable direction,” Jha said.

The cabinet also approved amendments suggested by a parliamentary standing committee to a draft law that aims to curtail malpractices in higher education.

The Bill was initially introduced in Parliament in May 2010. It will now be called Prohibition of Unfair Practice in Higher Education Bill, 2011, and be introduced again in the winter session of Parliament, said officials at the human resource development (HRD) ministry.

The Bill proposes punishment for colleges, teachers or institute managements soliciting capitation fee, among other measures. It will cover all institutes of higher education except agricultural universities.

“This Bill is prepared on the assumption that education players are criminals, and anything built on this parameter can never be right,” said a senior administrator of a university in Punjab, asking not to be identified. “Education entrepreneurs are passionate people and it is definitely discouraging as it has provisions to send educationists to jail. It will prevent private investment in education sector.”

An HRD ministry official, however, said a number of complaints about malpractices are being filed, necessitating the move. “Those education entrepreneurs who are clean should not fear at all,” said the official, requesting anonymity.

The cabinet also approved increasing by 50% the outlay of Rs  250 crore under the Prime Minister’s Employment Generation Programme, which helps entrepreneurs setting up of micro-enterprises.

Prithviraj Chavan warns against fake OBCs

Maharashtra Chief Minister Prithviraj Chavan said on Sunday attempts to contest from seats reserved for other backward castes(OBCs) by acquiring fake OBC certificates would not be tolerated, adding that strict action would be taken against offenders.

Addressing a rally of OBCs in Pune, organised by MLC Deepti Choudhary, Chavan said those who acquire fake OBC certificates enjoy the benefits while people belonging to the OBCs are deprived of them.

He promised to make more funds available for the OBC Development Authority, adding that provision of Rs190 crore has been made for scholarships for the year 2011-12. The state government is making efforts to extend the annual income limit of non-creamy layer from Rs4.5 lakh to Rs10 lakh, he added.

He said the state government supported OBC reservations in promotions and started a drive to clear the backlog of OBCs in employment.

Minister for social justice and welfare of nomadic denotified tribes and other backward classes, Shivajirao Moghe, said the list of castes included in the OBC tag is going up and it has become difficult to verify OBCs. He expressed concern on the rising number of people taking advantage of OBC facilities with the help of fake certificates.

About setting up a memorial of Mahatma Phule at Bhide Wada in the city, where Phule started the first girls school, Chavan said a property dispute was delaying the decision.“Senior leaders should intervene to settle the dispute, so that a memorial can be constructed,” he said.

Cooperation and parliamentary affairs minister Harshvardhan Patil, Maharashtra Pradesh Congress Committee president, Manikrao Thakre and minister for forest, Patangrao Kadam were present.

Muslim quota under OBC category: A step towards Social Justice

By M Naushad Ansari

The government is considering reservation to the backward Muslims within the 27 per cent quota in jobs fixed for Other Backward Classes (OBCs) and a decision in this regard will be taken soon, law minister Salman Khurshid said on Thursday.

He said that under the law all reservations can only be on the basis of OBCs. "Indra Sawhney judgment is what we can go by in this regard," he said. Admitting that there were reservations already for backward Muslims, he said the effectiveness of this reservation, which is not happening and to which the Sachar Committee has also pointed out, is to be ensured.

Congress President Sonia Gandhi had reportedly assured a delegation of Muslim leaders in May this year that modalities for providing reservation to Muslims would be worked out in six months. Congress is learnt to be in favour of providing reservations to Muslims on the lines of the quota structure already in place in Andhra Pradesh, Karnataka, Kerala and Tamil Nadu.

Though many Muslims welcomed this announcement as a step forward in helping marginalised Muslims, some others demanded reservation for the Muslims as a whole. On this Syed Shahabuddin, ex-MP and President of All India Majlis-e-Mushawarat, said: "if caste can be interpreted as a class, why not religion; that all Muslims are, socially and educationally, marginalized and deprived".

When State government of Andhra Pradesh announced reservations for Pasmanda Muslims, Jamia Nizamia of Andhra Pradesh had issued a fatwa against state government's move to provide reservations for Muslims on the lines of castes. However most among the prominent Ulema of the country, cutting across the lines of sects and organisations, had sharply reacted against the fatwa. Maulana Syed Ahmed Bukhari of Jama Masjid, Delhi, had declared that the fatwa will harm the interest of the community.

Taking a different view Prof. Imtiaz Ahmed of JNU says that 'en bloc reservation of Muslims is not a viable idea. Inclusion of Muslim Dalits as OBCs makes the most sense'. The Pasmanda Muslim groups demand caste-based reservation as given in the constitution. They argue that according to Indian constitution religion-based reservation is invalid; that if the reservation will be given to all Muslims, the Ashraf, who have historically been forward in all aspects, would corner the benefits of reservation. If for endogamy and khilafat purpose caste could be the criteria, why not for reservation in jobs?, they asks. They also argue that all Muslims are equally deprived is incorrect. True, by and large, Muslims are deprived and face discrimination, but within the community the state of Pasmanda Muslims is even worst. And, moreover, the creamy class among them were already excluded from the reservation benefits.

Indeed, the existence of caste system and reservation for backward Muslims has always been a controversial issue. Though it is an undisputed fact that there is no caste system in Islam and that the Holy Quran and the Prophet's sayings are crystal clear that all human beings are equal, Indian Muslims did develop a hierarchical structure by characterizing numerous biradaris. Some Muslims established superior status for themselves as Ashraf or ‘noble’, while some indigenous converts are commonly referred as Ajlaf or 'lowly'. Some Islamic jurists too, deviating from Islamic teachings, in the name of kufu; through parity in marriage between the parties often legitimized and encouraged caste system. Muslim law of marriage recognizes the doctrine of kufu in all vital aspects including social status and descent, which in India, means nothing but casteism. Even many scholars consider that 'khilafat' should only remain with the so-called Ashraf Muslims.

On the existence of castes among Indian Muslims the Sachar Committee Report says: “Based on the arguments and data presented, it is logical to suggest that Muslim in India, in terms of their social structure, consist of three groups- A|shrafs, Ajlafs and Arzals. The three groups require different types of affirmative action. The second group, Ajlafs/OBCs, need additional attention which could be similar to that of Hindu-OBCs.' (Page 214)

Similarly, the Justice Ranganath Misra Commission finds prevalence of castes among various sections of the Indian citizenry. It concludes: “The caste is in fact a social phenomenon shared by almost all Indian communities irrespective of their religious persuasions". (Para 16.3)

On the level of backwardness of Pasmanda Muslims, the Sachar committee finds : "Out of every 100 workers about 11 are Hindu OBCs, three are Muslim-general and only one is Muslim OBC" (Page 209), whereas the population of OBC Muslims is as much as 75% of the total Muslim population.

The Sachar Committee's findings further suggests: "the incidence of poverty is highest among Muslim-OBC followed by Muslim General. Overall, the conditions of Muslim-OBCs are worse than those of Muslim-General .Within the Muslim community a larger percentage of Muslim OBCs fall in low income category as compared to Muslim-General." (The Muslim OBCs and Affirmative action)

Likewise, Justice Ranganath Misra Commission recommends that "the caste system should be recognized as a general social characteristic of the Indian society as a whole, without questioning whether the philosophy and teachings of any particular religion recognizes it or not. It further recommends that Para 3 of the Constitution (Scheduled Castes) Order 1950 should be completely deleted by appropriate actions, so as to completely de-link the Scheduled Caste status from religion.

Historically, a vast number of backward and dalit Hindus got converted to Islam. But after conversion their socio-economic status remained impoverished and downtrodden. Most of them continued with their traditional professions as artisans, peasants and labourers, except those few which were considered impure or unacceptable in Shariah. Nevertheless, of late, some of these Muslim caste groups got Islamised. They too later became organized and had given themselves Muslim nomenclatures. They identified and associated themselves with Islamic personalities. For example, the butchers designated themselves as Qureshi; the weavers as Ansari; the tailors as Idrisi; the Bhishtis as Abbasi; the vegetable vendors as Raeen; the barbers as Salmani; the carpenters and blacksmiths as Saifi etc. By joining the fold of Islam they did not get such a boost to their talents and abilities that they could face equal competition with all others.

The Constitution prohibits any discrimination between the citizens. Hence, any religion-based discrimination conflicts with the letter and spirit of the provisions. In the famous Indra Sawhney Case the Supreme Court had decided that 'a caste can be and quite often is a social class in India'. Further it conceptualizes: 'If it is backward socially, it would be a backward class for the purpose of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purpose of Article 16(4). Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and section of people. (AIR 582 SC 1993) Reservation in public employment is specifically covered by Article 16(4) of the Constitution, for any backward class of citizens, which are not adequately represented in the services under the State.

Hence, instead of shoving the issue of reservation for Pasmanda Muslims under the carpet, it is the duty of our Ulema and community leaders to realise that this group needs special attention and there should be no roadblock in the way to making their fair share available, for, they are, as suggested by the Sachar Committee report, 'cumulatively oppressed'.

Repeated appeal to the Muslim community to maintain unity in the name of Islam, foregoing the constitutional benefits for OBCs, would not be a wise idea. May be some day in the future reservations will be based solely on community's impoverishment, but until then the caste-based reservation seems to be perfectly justified.

No minority group, anywhere in the world, can achieve its legitimate goals without solidarity and united action. True, the Muslim community must reject the proposition of fragmentation, but they should apply the same principles of social justice as much within the community as it demands for itself within the nation.

[M Naushad Ansari is the Director of Centre for Dissemination of Universal Message, Bangalore]

Schemes for SC, OBC launched in Goa

The Goa state scheduled caste (SC) and other backward classes (OBC) finance and development corporation on Tuesday announced a slew of schemes for the SC and OBC communities in Goa.

New chairman Girish Chodankar told mediapersons that the upward ceiling of the corporation's various loan schemes has been enhanced from 5 to 10 lakh and also the repayment period has been increased from 5 to 7 years.

Chodankar said that though the corporation had various loan schemes, the benefit was not reaching the needy due to restrictive conditions.

One condition was for the loan applicant to produce a government surety while applying for a loan. But poor applicants were unable to provide government sureties and therefore could not avail of the loan schemes. Now, these applicants can avail of a loan by providing any person as surety, provided the surety files his returns and his income is sufficient to cover the loan.

Chodankar said that the corporation did not have local schemes for the SC and OBC communities in Goa. Now, it has introduced several schemes. One is the Graha Suraksha loan scheme of up to 2 lakh at an interest of 4% meant for house repairs.

The second scheme is the Adarshila scheme for reviving traditional business activity of up to 2 lakh at 4% interest. This has a back-ended scheme of 25,000 or 12.5% of the project cost, whichever is less.

The corporation has also introduced financial assistance schemes. One is the Vidhyavardini scheme under which the corporation will bear the expenses of tuition fees up to graduate level of SC/OBC students who have secured good marks at the higher secondary (Class XII) level. The benchmark for SC students for availing of this financial assistance is 60% and that for OBC students is 75%.

The second is the funeral assistance scheme. Under this scheme, the corporation will provide an amount of 10,000 to poor SC/OBC families to perform the last rites of their departed family members.

The third is the financial assistance for the purchase of artificial limbs. This scheme has been introduced to take care of handicapped children from the SC/OBC community who are in need of artificial limbs.

Under this scheme, an amount of up to 50,000 will be provided for the purchase of an artificial limb till the child attains the age of 20 years. Another scheme is for the distribution of dictionaries to students of Classes VIII, IX and X. Under this scheme, SC/OBC students will be provided with free English dictionaries.

The last scheme is for the distribution of four GB pen drives to students of Classes XI and XII from the SC/OBC communities.

New Website for MBC/BC by Tamil Nadu Government

Thanks to the Government of Tamil Nadu for Launching a new website for Backward and Other Backward Classes in Tamil Nadu.This site was launched by Hon'ble Chief Minister of Tamil Nadu Ms. J Jayalalithaa on 30-11-2022. This site includes Grievances Handling also. Please visit this site.http://www.tn.gov.in/bcmbcmw/default.htm

Central May Relax Definition Of OBC Creamy Layer

New Delhi, Nov 13: The Centre is considering a proposal to drastically relax the definition of "creamy layer" for the OBC quota to enable those with an annual income of Rs 12 lakh in metros to qualify for quota benefits, reports Times of India. This will shoot up the number number of backward caste members eligible for reservation benefits.

The eligibility level is proposed to be raised to Rs 9 lakh in non-metro cities, marking a two-fold hike from the existing ceiling of Rs 4.5 lakh to bar the "creamy" OBCs from availing of reservations in jobs and educational institutions.  

The recommendation of National Commission for Backward Classes (NCBC) is being processed by the Union social justice ministry, and will be applauded by the dominant OBCs who have long cried hoarse that the current ceiling was unrealistic and was the reason why posts as well as seats remain vacant.  

'Creamy layer' is the salary limit beyond which an individual from backward caste ceases to be eligible for job and education quota. The concept seeks to weed out the affluent backwards to help the needy ones.  

Going by the market scenario, a monthly salary of Rs 1 lakh in a metro would qualify significant professionals and white-collar workers for affirmative action benefits, changing the nature of OBC members who make it to the quota net. Till now, the filter has been so tight that even the moderately well-paid backwards remained excluded.  

While the liberal revision of 'creamy layer' could trigger a controversy, sources said the backward panel, headed by M N Rao, stated that affirmative action revolves around 'social discrimination' and economic advancement alone cannot determine social advancement. Quoting key Supreme Court judgments on 'creamy layer', the NCBC argued that the basis of exclusion can be economic only if the financial advancement is high enough to translate into social progress.  

The easing of income criteria may be contested by general sections, who have ignored the 'discrimination' angle to demand that well-off backwards be kept out.Their arguments have centred around the pique that poor upper castes are not given similar government assistance.  

The sentiment came out clearly during UPA 1's policy for 'OBC quota in central educational institutions' when protesters demanded and ensured introduction of 'creamy layer'.  

Realizing the issue's contentious nature, NCBC has made a strong case for upward revision of income limit. Quoting the share of OBCs in central services, he said the aggregate was only 7% - Group A (5.5%), Group B (3.9%), Group C (8.1%) and Group D (5%).  

The representation of OBCs in central PSUs was 20% in 2008-09. It argued that OBCs were not able to exhaust the 27% of quota because of unrealistic income bar that kept out bulk of aspirants.  

To bolster its argument, NCBC said that as per Union ministry of statistics, the value of Rs 100 in 1993 has dwindled to Rs 29 in 2011, which makes income limits like Rs 4.5 lakh redundant.

Caste reservation not applicable for up gradation:SC

Rules of reservation like SC,ST, OBC quota would not apply to upgradation of posts in Government establishments as the benefit could be extended only to promotional posts, the Supreme Court has held.

A bench of justices R V Raveendran and Markandeya Katju quashed the concurrent rulings of the Central Administrative Tribunal (CAT), Chennai branch and the Madras High Court that rules of reservation would apply even to upgradation of posts.

" As upgradation involves neither appointment nor promotion, it will not attract reservation. Upgradation involves mere conferment of financial benefits by providing a higher scale of pay. If there is mere upgradation of posts, as contrasted from promotion, reservation provisions would not apply," Justice Raveendran writing the judgement observed.

The apex court passed the ruling while upholding the appeal filed by the BSNL, challenging the directions of the tribunal to restore to Grade 1V the services of certain employees all over the country. The said employees were initially upgraded to Grade 1V from Grade III by applying the reservation rules.

The Government withdrew the upgradation and restored them to the original posts after the CAT, Ahmedabad branch and the Allahabad High Court took the view that reservation rules would not apply to upgradation.

But some of the aggrieved reserved category employees working in Tamil Nadu region approached the CAT in Tamil Nadu against the reversion which ruled in their favour. The Madras High Court concurred with the tribunal's view following which BSNL appealed in the apex court.

LIC OBC staff meet at Chennai

Fifty LIC employees from several branches under Kadapa LIC division in Rayalaseema left by a bus to attend general body meeting of LIC OBC Employees Welfare Association slated at Chennai on August 27 and 28. National Commission for BCs chairman Justice M.N. Rao will be the chief guest. Prominent BC leaders across the country will participate. 

“Minimum eligibility marks for OBCs can be fixed at between 45 and 50”

The Supreme Court on Thursday, while interpreting the Constitution Bench's decision in the ‘OBC case,' said: “The minimum eligibility marks for the OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and if the qualifying marks in the entrance examination are fixed as 40 per cent for the GC, the qualifying marks for OBC candidates should not be less than 36 per cent.”

The appellant, P.V. Indiresan, wanted Jawaharlal Nehru University to continue the procedure it adopted during 2008-09 and 2009-10, under which it would fix the minimum eligibility marks for the GC, and for the OBC it would decide the marks after all the GC seats were filled by fixing the 10 per cent below the marks of the last GC candidate admitted.

Upholding the Delhi High Court's decision rejecting this procedure, the Bench said: “Such a procedure was arbitrary and discriminatory, apart from being unknown in regard to admissions to educational institutions. The minimum eligibility marks for admission to a course of study is always declared before the admission programme for an academic year is commenced. Whatever be the marks so prescribed, it should be uniform to all applicants and a prospective applicant should know, before he makes an application, whether he is eligible for admission or not.”

Writing the judgment, Justice Raveendran said: “The cut-off procedure followed by Jawaharlal Nehru University during those days had the effect of rewriting the eligibility criteria, after the applications were received from eligible candidates. No candidate who fulfils the prescribed eligibility criteria and whose rank in the merit list is within the number of seats available for admission can be turned down by saying that he should have secured some higher marks, based on the marks secured by some other category of students. A factor which is neither known nor ascertained at the time of declaring the admission programme cannot be used to disentitle a candidate to admission who is otherwise entitled to admission.”

Pointing out that the procedure adopted by the university had resulted in OBC seats reverting to the GC, the Bench said: “If the total number of seats in a course is 154 and the number of reserved seats for the OBCs is 42, all the seats should be filled with OBC students in the order of merit from the merit list of OBC candidates possessing the minimum eligibility marks prescribed for admission (subject to any requirement for entrance examination). When an eligible OBC candidate is available, converting an OBC reservation seat to the GC is not permissible.”

Clarifying the words, ‘cut-off marks,' used in the October 2008 judgment, the Bench said: “The words, ‘cut-off marks,' are used three times in the judgment. In the first instance, the use of the words, ‘extent of cut-off marks,' would refer to the ‘minimum eligibility marks;' in the second instance, the use of words, ‘maximum cut-off marks for OBCs,' would refer to the difference between the minimum eligibility/qualifying marks for the GC and OBCs, and such difference should not be more than 10 per cent of the minimum eligibility/qualifying marks for the GC; and thirdly ‘cut-off marks for GC' would refer to the minimum eligibility for the GC, if there was an entrance examination.”

The Bench said: “In regard to admissions for 2011-12, if any Central educational institution has already determined cut-off marks for the OBCs with reference to the marks secured by the last candidate in the GC and has converted the unfilled OBC seats to the GC seats and allotted the seats to the GC, such admissions shall not be disturbed. But where the process of conversion and allotment is not completed, the OBC seats shall be filled with OBC candidates.”

The Bench said: “If in any Central educational institution, the OBC reservation seats remain vacant, such institutions shall fill the said seats with OBC students. Only if OBC candidates possessing the minimum eligibility/qualifying marks are not available on the OBC merit list, the OBC seats shall be converted to GC seats.”

The Bench extended the last date for admission till August 31 as a special case to facilitate filling of vacant OBC seats.

Merit list OBC seats can't be given to general category: Court

The Supreme Court on Thursday held that ‘cut-off' marks referred to the minimum marks — either eligibility or qualifying marks — required for admission to a course, and it is notified to candidates in advance. The court also said that the seats reserved for the Other Backward Classes cannot be converted to the general category (GC), if OBC candidates are available on the merit list.

A Bench of Justices R.V. Raveendran and A.K. Patnaik, interpreting the Constitution Bench's decision in the ‘OBC case,' said: “The order, dated October 14, 2008, means that where the minimum eligibility marks in the qualifying examinations are prescribed for admission, say as 50 per cent for the GC candidates, the minimum eligibility marks for the OBC candidates should not be less than 45 per cent (that is 10 per cent less of 50).”

The Bench said: “The minimum eligibility marks for the OBCs can be fixed at any number between 45 and 50, at the discretion of the institution. Or, where the candidates are required to take an entrance examination and if the qualifying marks in the entrance examination are fixed as 40 per cent for the GC, the qualifying marks for OBC candidates should not be less than 36 per cent.”

SSP OBC EWA General Secretary Share his views in AGM of AIOBC New Delhi on 5th August 2011

Office Bearers With Hon'ble Union Minister for Steel, Govt. of India on 3 August 2011 in New Delhi