P L Kher
The State of Jammu and Kashmir is witnessing an unprecedented and massive debate on the issue -“No Reservation in Promotions” with reports in newspapers about members of general category irrespective of religious affiliations from all parts of J&K including far off areas like Kashmir, Poonch, Rajouri, Udhampur, Samba, Kathua ,Reasi seeking implementation of the Hon’ble High Court order wherein the Hon’ble High court struck down the Reservation in Promotion Rules 9,10 & 34 and Sec 6 of Reservation Act 2005 which pertained to Reservation in Promotions.
The legislative Assembly saw scenes of pandemonium as certain MLAs who themselves got elected from reserved seats, formed a consortium irrespective of party affiliation to pursue their objective of seeking passage of Bill ,overruling the Judgement of Hon’ble High Court striking down the Reservation in Promotions. Even though the matter being sub judice in Supreme court doesn’t stop them from creating ruckus in the Assembly.
Civil society expressed its serious concern and displeasure over the conduct of these MLAs who have been voted to power by all irrespective of caste, colour and creed and now their approach has become partisan as is evident from the fact that they are trying to bring amendments to overrule the justice delivered by Judicial system after 11 years of relentless struggle and thorough scrutiny of rules/ merits of case in vogue.
It is pertinent to mention here that in (Indira Sawhney Vs Union of India), Hon’ble Supreme court had declared the Reservation in Promotions as unconstitutional and termed it murder of merit.
Hon’ble Supreme court in “ Indira Sawhney” case had stated that once a person has been provided with job on basis of reservation then he ought to have been brought at par and giving him recurrent promotions on basis of caste defeats the purpose of merit and seniority. However, successive Governments for vote bank politics followed appeasement policies and passed amendments 77th, 81st, 82nd and 85th and put the general category masses on backburner.
The Hon’ble Supreme Court time and again reviewed the Reservation in Promotion Rules and quashed them wherever they have been extended without any merit, and without ascertaining the fulfillment of laid down criteria. The examples are “Ajit Singh Vs UOl” and “ Nagaraj Vs UOI”- 2007 wherein the Supreme Court has held that only in compelling reasons wherein concerned Government has to establish inadequacy of reserved category incumbents in all classes of service by collecting and publishing the quantifiable data to substantiate it. In J&K state the question of inadequacy of reserve category incumbents doesn’t arise as their number has crossed 50% and as such even after 11 years in High Court Government couldn’t publish any data It is in line with the law established by Supreme court while quashing reservation in promotion in states like Uttar Pradesh, Rajasthan.
In fact a grave injustice is being meted out to general masses by way of providing caste based reservation, whereas the Reservation if at all needs to be provided must be on economic basis irrespective of caste, creed and colour. Reservation on Economic basis is a realistic solution for achieving the goal of the Prime Minister Narendra Modi “ Sabka Saath Sabka Vikaas.”
Otherwise repeatedly only the rich among the reserved categories are getting its benefits at the cost of those needy economically weaker classes among the reserved categories.
The abolition of Reservation in Promotions will go a long way in providing relief to general masses as merit and seniority will be restored. The policy of reservation in appointment was meant to ensure specified quota of reserved category incumbents but by granting vacancy based reservation in promotions also, with consequential seniority a situation had reached that more than 50 % against the maximum 31 % provided by reservation rules of J&K resulting in reverse discrimination.
The judgement has corrected a constitutional anomaly which was depriving general category incumbents of their constitutional right of equal opportunity of advancement of their career and represents the aspirations of 70% of the population.
The Government should not get bogged down by the vested interest of few MLAs who just for their vote bank politics are seeking murder of justice system. It should act in free, fair, legal and just manner and allow the Courts to examine the merits of the case and act on the orders of the Hon’ble court.
(The author is Ex-Head of Department (Electric.) and Training and Placement Officer Government Polytechnic, Jammu)
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