Sir,
After the Hon’ble Apex Court’s Judgment of 1992 on Mandal Report every State had to set up a “State Backward Classes Commission” but JK Govt did not. State OBCs approached Hon’ble Apex Court and “State Backward Classes Commission” was set up in 1995 after three years. The definition around which a caste is declared OBC is “Individual/ group must be socially and educationally backward”. But in J&K State this defination has three meanings viz ALC with 3% RBA with 20% and OSC (Real OBCs) with 2% reservation shares respectively. Since RBA/ALC (artificial backward classes) has major chunk of (share of 20% and 3% = 23%), so every author while talking about Backward Classes Commission, talks much of Backward areas, making the Commission as the “Backward Area Commission”.
The Government is authorised to grant reservation to any group of people but it cannot make vertical distribution which has been done in J&K State in violation of Para 95 of the Apex Court’s Judgment of 1992 which speaks of “Horizontal Reservation” under Art 16(1) of the Indian constitution. State OBCs through AIBCU have represented their case many a time but till date results are awaited. Under horizontal reservation, every category in RBA/ALC has to get its due share (may be 20% + 3% = 23%) but from its own category. For example open category people living in RBA/ALC have to get their due share from 55 seats out of 100 which comes out to be 13 and rest 42 seats for rest of the open category people. Likewise, the distribution of other categories living in ALC and RBA have to get their due share from their own share.Under this horizontal reservation no category loses even an iota of its due share.
So far as the appointment of its chairman and members is concerned, no chairman from the OBCs has been appointed so far. This means appointment of non-OBC Chairman serves two purposes. One to please the chairman with lucrative benefits and other is to stop the natural flow of justice to the real OBCs. Selection of its four members is always arbitrary. This process is going on till date. If posts of Chairman and its members are lying vacant for the past 3 years, you can guess the functioning of the Board.
State OBCs had approached the Advisor to the Governor N N Vohra during the Governor’s rule for about two months from 7th Jan 2016 onwards, with the request to disassociate the RBA/ALC from the backward classes commission and constitute a separate committee for these two categories after adjusting their due share horizontally, the only viable solution under rule, or all the three categories be merged for 27 percent reservation to OBCs adopt Tamil Nadu formula for 69 percent-71 percent, or under Art 370 raise the quota to 68 percent (OBC=27 percent), OSC- 8 percent, ST = 10 percent, RBA= 20 percent, ALC= 3 percent) which the State Govt has the power under Article 370.
Any one of the above formula is acceptable to the State OBCs. AIBCU has put forth our demand before the existing dispensation and hope for the early solution.
The present system of Backward Classes Commission, whether functioning or not is not of any value to the real State Backward Classes Called Other Social Castes (OSCs) in J&K State.
It is therefore requested that the Government must adopt one of the above suggested formulae in the interest of State OBCs and that too at the earliest.
Yours etc…
Prof Kali Dass
Gen. Secretary
All India Backward Classes Union (Regd) Social
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