Jammu and Kashmir New Reservation Policy is Injustice to Open Merit
The case of reservation in Jammu and Kashmir is strange, something which is not found in other states of India
Dr. Bhimrao Ramji Ambedkar, the architect of the Constitution, who spent three years to complete it, introduced a Special Article for the upliftment of the communities that were either backward or had no to less representation in the administration. The Article is related to “Reservation”.
It must be kept in mind that the reservation wasn’t introduced for lifetime. While it was introduced for a fixed period of 10 years, it was extended further, because it was found that the motives haven’t been achieved.
Now it has been so long since the reservation has came into effect. Yet, unfortunately, the marginalized are still to be uplifted, and they still need reservation. But, more than a matter of right, the reservation has become a privilege.
Jammu Kashmir Reservation Policy
The case of reservation in Jammu and Kashmir is strange, something which is not found in other states of India.
In Bihar, unreserved population is 16 % and the Open Merit is over 50%. In Chhattisgarh, unreserved population is 18% and the Open Merit is more than 50%. In Telangana, Kerala, Karnataka too unreserved population is 32-35% and Open Merit more than 50 %.
These are just few examples. Otherwise, in every state, Open Merit is more than the unreserved population. But, unfortunately, for the political purpose the Open Merit in Jammu and Kashmir has been reduced to 30% with 70% being the reserved population.
In this small Open Merit too hardly 15-18% is left for the unreserved candidates effectively because reserved categories also take away some seats out of the Open Merit in addition to their allotted quota of 70%.
By any measure of logic, rationality, morally, constitutional and legal jurisprudence it is grossly unjust, since why will open merit not be at-least 1.5 times unreserved i.e 70% bare minimum to cater to the unreserved population (that forms the overwhelming majority in J&K).
Since the Constitution and the Courts don't recognize proportional reservations, every category competes in Open Merit. This is why Open Merit ceiling is kept high in every state so that after the reserved people eat away share from the Open Merit in addition to their closed quotas, a respectable share is left for unreserved (UR) too.
Jammu and Kashmir is the only exception to this rule due to political expediencies. Otherwise, unreserved population in J&K too should get a closed quota of 55-60% in proportion to their population in which no other reserved category can then compete.
But since the Constitution doesn't allow pro-rata basis or ' jitni aabadi utna haq' (a slogan), it is imperative that the Open Merit in J&K be kept bare minimum at 65-70% so that unreserved population gets at-least 30-35% if not more.
Though it too will be unfair to unreserved population (as even if rationalization with Open Merit up to minimum 65-70 % is done, the Reserved categories will still take away about 60% - 35% exclusive reserved quota +>25% min from enlarged OM) it will at least be a better reflection of Jammu and Kashmir’s unique demography.
Let This Sinks In
The Open Merit has been murdered for the sack of votes but the votes didn’t go in their favour. One fails to understand how even after so many decades of benefits of reservation no upliftment of the “marginalized categories” has happened. And instead of decreasing, the reservation has been increased. Hence, the logic behind the reservation has failed with the increasing of the quota.
One fails to understand how the quota has been doubled overnight. No census was done and just sitting in AC rooms and on soft chairs the reservation was increased to 70%. And only 30% is left to the unreserved.
In medical entrance NEET, many hard working students were dropped because of this ruthless policy. A student with reservation got selected with 400 marks, and on the other hand, a student with a score of 600 got dropped because of the ruthless reservation policy.
Here’s a small example of the injustice done by this policy. In NEET PG, 70% of the seats went to the reserved categories. There was only one dermatology seat advertised and that too went to the reserved candidates.
One also fails to understand why the reservation is for the Post graduation NEET. With the help of reservation a student gets enrolled in a medical college for MBBS and BDS, studies with the unreserved students and when it comes to the NEET PG he cries for reservation under the same terms and conditions.
Isn’t this injustice for the open merit candidates?
Another important thing. Someone with reservation makes it to IAS, IPS, KAS or KPS and he/she provides his/her child/ children the best education, better than the unreserved categories and then his/her child/children get the benefit of the same reservation???
This is the example of creamy layer about which the Supreme Court has also spoken. The Creamy layer comes back after studying in foreign or the elite schools or colleges or universities, and then claims the benefits of the reservation which he/she has got for not having resources.
How does this reservation still applies to him or her?
People need to understand that when we speak about reservation, it doesn’t in anyway mean that we are against it but we are against the undue reservation that’s being granted. We don’t want someone to have full control while the other side keeps on suffering for their genuine demand.
Moreover, while this share of reservation is increased, the cap placed by the Supreme Court of India, has also not been kept under consideration. The Apex Court has placed 50% limit on the reservation. It means Open Merit can only be cut down to 50%. But, in Jammu and Kashmir the SC cap is ignored, and that too for the sake of votes that they didn’t get.
Students under Open Merit have united against th Reservation Policy which has been applied only in Jammu and Kashmir. They are demanding their legitimate right. The ruthless policy has shattered many dreams. Had Dr. Ambadker been alive, he would not have allowed this injustice. This new reservation policy even fails his intention and the very motive behind the idea.
[The writer, Shahrukh bin Parvaiz is a Law Student and Rights Activist.]
Follow ummid.com WhatsApp Channel for all the latest updates.
Select Language To Read in Urdu, Hindi, Marathi or Arabic.
For all the latest News, Opinions and Views, download ummid.com App.
Post Comments