Excelsior Correspondent
JAMMU, Jan 17: While demanding 27% reservation for the members of Backward Classes, All India Backward Classes Federation (AIBCF), J&K unit, has demanded that 20% quota of the Residents of Backward Area (RBA) and 3 percent being provided to ALC residents be abolished immediately.
In an urgent communication to the National Commission for Backward Classes, president of the J&K unit of the Federation, F C Satia claimed that 20% reservation being provided to the resident of Backward area in J&K was illegal and it should be abolished. He also demanded that quota being provided to the people living closer to the ALC should also be abolished.
Federation also mentioned that besides above mentioned reservation, 8 % quota is being provided to the Scheduled Castes and 10 % to the Scheduled Tribes in J&K, which is contracdictory to the reservation policy according to Mandal Commission recommendations.
Federation claimed that OBC reservation in J&K was based on Justice AS Anand Report of 1980 and still continuing. It is in violation of Supreme Court ruling that all Commissions / Committees Reports will be null and void after implementation of Mandal Commission Report. Since Mandal Commission Report has been upheld by Supreme Court of India and caste is the sole criteria for determining the Backwardness of a class, Reservation to Backward Area ( 20%) and Line of Actual Control (3%) was granted by the erstwhile State Govt taking the advantage of separate Constitution of J&K State and Article 370. Till August 5, 2019, the day J&K State existed, reservation according to Mandal Commission report was not implemented.
Recently, Govt of India has also implemented 10 % quota for EWS at par with other States/ UTs of India by default but not 27% for OBCs which is prevailing in all other states/ UTs. This step is discriminatory and aggrieves the OBC people.
Satia claimed that population OBCs in J&K UT is more than 27%, as per census of 1931. The OBC reservation quota has been based on the Census of 1931 throughout India and there is need to adopt the same criteria in J&K UT. He said 2% reservation to a population of more than 27 % in J&K and 20 % to RBA, 3% to ALC is unjustified and unconstitutional.
He said continuance of Reservation Act 2004 is unconstitutional in the UT of J&K. Because the State of Jammu and Kashmir and its separate constitution have ceased to exist and the territory is under the direct control of Govt of India, reservation to OBCs should be according to Govt of India policy at par with other UTs.
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