1. The way adopted & implemented grossly is a Social Evil defying the quotations staged by Dr. Sri B.R.Ambedkar AND IS WHY THE SUPREME COURT ALSO ADVISED FOR A REDRESS TO CORRECT AND ERADICATE this dangerous Evil in 1992-93 itself which was set aside by the then ruling Congress Party . Constitutional Bench of S.C. and , the President of the Nation only can Save and Correct this issue once for all for the Objective of such Considerations & Relaxations at the National Interest . 2. Already 24 years were dragged at the cost of those really poor and poorest of the Poor who have been deprived of the very Constitutional Provision due to the swallow by those Sound and Possessing reasonably High Wealth and Status too . THIS IS IN DEED A SIN AND UN-CIVILIZED . The finding and deliberated quotation of Dr. Ambedkar SHALL NOT BE IGNORED OR TO BE SET ASIDE = " Castes are anti-national since they create jealousy and antipathy and , Castes are anti-national since they create rivalry between Castes " . His another finding is that " “ Reservation must be confined to a minority of Seats “ Article 16 [4] speaks of adequate representation and not proportionate representation . 3. Further , Article 15 [4 ] does not speak of “ Castes “ but only speaks of “ Classes “ and ‘ caste ‘ and ‘ class ‘ are not synonymous .Backward class of citizens in Article 16 [4] is the same as the Socially and educationally backward classes, Scheduled Castes and Scheduled Tribes mentioned article 15 [4] . It is not necessary for a class to be designated as a backward that it is situated similarly to the SC’s and ST’s . Clause 4 of article 15 only enables the State to make special and not exclusive provision for the Socially and Economically backward classes . The State would not be justified ignoring altogether advancement of the rest of the society in its zeal to promote the welfare of backward classes . National interest would suffer if qualified and competent were excluded . The Special Provision should be less than 50% how much less than 50% would depend upon the relevant prevailing circumstances in each case . Classification is necessary to help the more backward classes otherwise , the advanced sections of backward classes might take all the benefits of Reservations . ALL THESE CONSTITUTIONALLY VALID OBJECTIVES AND JUSTIFICATIONS OF RULE IN THE COUNTRY had been willfully and ill-fully cornered at Political Power Thirst and are to be signified for an immediate rectification to carry the real uplift of backward Areas and Classes unless and otherwise there can never be Economic Stability and Improvement and value of Articles 14 and 21 besides the very articles of preference to the welfare of the weaker sections irrespective of Caste , Creed , Race and Place in the Union Territory . more  
The weightage given by Dr. Ambedkar for FRATERNITY giving best quotations in the Constituent Assembly in 1949 was diversified and even cornered as is evident from the S.C. Directions in the year 1992-93 read with the report of Justice Ram Nandan , the Expert Committee Head AND NEED TO BE REDRESSED TO ERADICATE INJUSTICE TO THE POOREST OF THE POOR . more  
Justification needed on Policy of Reservations :Basis of castes on Reservations , Relaxations , Subsidies and Concessions is not only an inhuman application , anti Social , creator of jealousy , antipathy and rivalry but also anti National. 1.Dr. Sri Ambedkar & Senior Constitutional advocate Sri Palkhiwala very seriously and furiously criticized aiming the castes to become merely the dust on the shelf of Indian History . 2.Casts cannot be the sole test for ascertaining whether a particular class is a backward class or not . poverty , occupation , place of habitation may all be relevant factors to be taken into consideration . 3.Article 15 [4 ] does not speak of “ Castes “ but only speaks of “ Classes “ and ‘ caste ‘ and ‘ class ‘ are not synonymous .Backward class of citizens in Article 16 [4] is the same as the Socially and educationally backward classes, Scheduled Castes and Scheduled Tribes mentioned article 15 [4] . It is not necessary for a class to be designated as a backward that it is situated similarly to the SC’s and ST’s . 4. Clause 4 of article 15 only enables the State to make special and not exclusive provision for the Socially and Economically backward classes . The State would not be justified ignoring altogether advancement of the rest of the society in its zeal to promote the welfare of backward classes . National interest would suffer if qualified and competent were excluded . The Special Provision should be less than 50% how much less than 50% would depend upon the relevant prevailing circumstances in each case . Classification is necessary to help the more backward classes otherwise , the advanced sections of backward classes might take all the benefits of Reservations . 5. Dr.Sri Ambedkar in the constituent Assembly also said that “ Reservation must be confined to a minority of Seats “ Article 16 [4] speaks of adequate representation and not proportionate representation . The Very purpose of the quota system was to help the poor . The purpose will be defeated if no distinction is made between rich and the poor among the backward classes and if the rich and the poor are treated alike , in the matter of job reservations , they are bound to benefit at the cost of the poor . Wrong inclusion or non-inclusion of groups , classes and sections in the List of other backward classes becomes against the concept of the provisions . Government of India shall specify the basis applying the relevant and requisite socio-economic CRIETERIA TO EXCLUDE THE SOCIALLY ADVANCED PERSONS, SECTIONS, CREAMY LAYER OF ECONOMIC STATUS FROM BACKWARD CASTS AND CLASSES . 6.Reservations creates lot of resentment amongst persons who are denied and thereby effects efficiency in the administration . Besides , it is usual , Politicians can take undue advantage and create disharmony and dissensions amongst members of different classes of Society and this would not be in the interest of the Nation . The whole policy of Reservations is in fact a politically motivated policy coming down from British days at the divide and rule policy . It is against the interest of the Nation and it can only be desired by those vested interests who wish to see people fighting each other . 7. It has provoked a Caste war which threatened to tear our Social Fabric . The Bihar and Gujarat movements in 1981 , 1985 , and in 1990 in all the States in the Northern India violent anti reservation agitations in which several lives were lost IS NOT TO BE FORGOTTEN FOREVER . WE HAVE ALSO NOT TO FORGET the protests and losses created FOR RESERVATIONS TO Gujjars community , Jats Community and the , Patels in these 10 years .. WE SHOULD NOT ALLOW THE PRESENT PROTESTS , PROCESSIONS , HUNGER-STRIKES etc., started by Kapu [ Naidu ] community since these 3 years while some other Castes in the new Telangana State are also on the verge of stirring the situation protests for Reservation to their Castes . 8. In deed , both legally and socially the policy of Caste based Reservations cannot be justified . The Reservations for backward communities should not be excessive so as to create a monopoly or to interfere unduely with the legitimate claims of other communities of the same status . This is why the Supreme Court directed for working-out a Creamy layer to find out the really Backward Classes to differentiate Poor and the poorest of the poor to eliminate those already reached / addressed than the others being deprived . This is through the identifying and separating those Economically better than those still un-addressed with . The issue of limitation of Reservations to 50% by the Supreme Court was also based on the quotations of Sri Dr. Ambedkar cited above establishing that the 50% limit can only be exceeded in an extraordinary situations prevailing in a far flung State like Nagaland etc., 9.Though Supreme Court Directed in a reference in 1985 that Reservations to be prevailed upto 2000 , the then Rulers in the year 1990 itself enacted to continue Reservations extending to another 40 years from 1990 i.e., upto 2030 in case of Reservations of S.C. , S.T. in the Lok Sabha and the Legislative Assemblies of States . The issue of Reservations in the government Services was then also set aside defeating the interests of general public other than S.C. , S.T. and those other castes unconstitutionally named disregarding the clarity and specific recognition given to only Schedules Castes & Scheduled Tribes . 10.Article 16 guarantees equality of opportunity in matters of appointment in State Services . It does not, however, prevent the State from prescribing the necessary qualifications and selective tests for recruitment for Government services . The qualifications prescribed may, beside mental excellence , include physical fitness , sense of discipline , moral integrity , loyalty to the State . The character and antecedents of candidates may be taken into consideration for appointments in Government Services while observing reasonable ground and nexus between the qualifications and the object that is , the post or the nature of the Service . 11.While this is the actual position even in the Government Services on the issue of Reservations which is conditional and was set with the Constitutional Bench of the Supreme Court , the proposal for addressing Reservations in the private Sector also is really not only inhuman , anti Social , anti constitutional objectives , and even anti National too . 12.It is Constitutionally and legally also correct that UNLESS THE ISSUE OF EDUCATION AS PER AND FOR FULFILLING THE ARTICLE 15 [4] , 21 , 30 , 39 , 45 , AND 46 , IS CARRIED FREE UPTO THE AGE OF 14 YEARS , and the Medicare Carried under article 47 to all the Children of India , besides Aided Education to those Socially and Economically backward classes , THE IMPLEMENTATION AND CARRY OF RESERVATIONS EVEN IN THE GOVERNMENT SERVICES IS ANTI SOCIAL , ANTI NATIONAL AND EVEN AGAINST THE JUSTICE OF PUBLIC ADMINISTRATION IN ADHERENCE OF THE CONSTITUTIONAL PROVISIONS . A. The real piety that created unhappiness , even many a times public unrest , some times processions against the Constitutional authorities , revolting on Police etc., are only due to the wrong direction the Reservations were continued from the year 1960 . B. As at 1990 itself , irrespective of Religion and Caste , majority of the Citizen those below the poverty line had been continuously ignored to enjoy at right the implementation of the Reservations under the provision of " Economically Backward Classes " under articles 15 , 16 . C. When it is the issue of Citizen of India , there shall not be any miscarry in the name of Castes or Religions except those S.C. & S.T. who have absolutely different inabilities both in Economy and in sharing the Society parting with the Rule in the Country and their place . D. The Supreme Court had in 1993 itself directed the then Congress Government to work out the Economy based Creamy layer to eliminate those already reasonably well placed both Socially and Economically to carry the real concept of Reservations to the poorest of the poor who deserve when compared with others in the Society . But , the Congress Government could not eliminate the corruption and misuse in the Reservations issue . E. Instead of rectifying the mistake with the appropriate system of Economically poor those really deserve Reservations and Relaxations , the Congress and their allied Governments continued the illfull practice of covering the Castes further and further as and when a Caste based backing force fight out and this has given raise for increasing illegitimate Reservations . F. WE HAVE TO DEMAND THE PRESENT NDA AND EVEN THE SUPREME COURT WITH UNIQUE CONCLUSION FOR IMPLEMENTATION OF RESERVATIONS WHOLLY BASED ON ECONOMICAL STATUS DECLARING SUCH AS THE CLASSES UNDER THE FIXED SLAB , IRRESPECTIVE OF CASTE AND RELIGION . G. The Reservations for S.C AND S.T. be carried upto 2030 as amended for Reservation in legislating houses or even a more period BUT STRICTLY BASED ON ECONOMY SLAB EVEN IN THEM TO CARRY EQUAL OPPORTUNITY TO LIVE AND DELIVER EQUAL JUSTICE . H. The issue of Socially backward do mean specifically , the participation in the Rule of the Country as envisaged in the Constitutional Laws and not to set people of various Castes to forward Castes . THIS IS BASICALLY TO BE UNDERSTOOD . All the Backward Classes including S.C. & S.T. shall be given opportunity to have a Social Dignity which only comes out of their reasonable participation in the Rule of the Country and this is why the provision of Reservation was stipulated for Legislatures for 50 years which a decade before itself the Selfish Congress Party for their VOTE BANK THIRST extended to 40 years from 1990 which expires in 2030 . And, Reservations were also set in the Public Administration in governance of the Country entitling Government Jobs to those Backward Classes AND NOT CASTES as concluded by the Selfishly opted stalwarts . Thinking of Castes as the same as Classes is absolutely wrong . A Caste aw a whole may be backward and is why the S.C. & S.T. NAMING A NUMBER OF CASTES WERE IDENTIFIED & INCLUDED IN THE LIST approved in the Constitution . In the first decades after independence , since finding out the Economic status of individuals in the various Castes , Some whole Castes were included under the meaning of Classes which itself was and is wrong since this carried Reservations and Relaxations even to those Socially and Economically better than the poor and poorest of the poor AND THE SUPREME COURT DEFINED AND DIRECTED THE-THEN CONGRESS GOVERNMENT IN THE YEAR 1992-93 ITSELF . I. Reservations are required in Political Rule i.e., FOR LEGISLATING BODIES for a certain period AND , Relaxations , Subsidies are required in Education TO ENABLE MERIT CONDITIONS OF THOSE BACKWARD & Relaxations in Government Jobs are also required TO ENABLE MERIT CONDITIONS relaxing the Age . J. The issue of Reservations in number simply neglecting the Educational Requirement , Subject Knowledge , Efficiency for the Post SHALL NOT BE CONTINUED TO SAVE THE NATION . In no article of our Constitution , there was the point of relaxation in Qualification and Efficiency EVEN THE ARTICLE 15 & 16 & 46 . The S.C. also did not accept reduction of Marks from 45 , to 40, and 40 to 35 on the concept that the backward classes quota could not be filled . The S.C. also confined that even in quota system , the Merit shall be preferred in allotting Seats and Merit shall not be ignored . S.C. in 1983 and 1985 said that " Merit consists of a high degree of intelligence coupled with a keen and incisive mind , sound knowledge of the basic subjects and infinite capacity for hard work and also calls for a sense of Social Commitment and dedication to the cause of the Poor " THIS CLEARLY AND OBVIOUSLY STAGES THAT AS ALONG AS THE MERIT IS IGNORED , THERE CANNOT BE THE FULFILLMENT & ACHIEVEMENT OF ==" Sense of Social Commitment and dedication to the cause of the poor FOREVER == " more  
Post a Comment

Related Posts

    • Aadhar Card

      I shifted my house from one area to another in same city. i.e from sector 53 to Sect 42 in Gurgaon . I am unable to change new address on aadhar card as Govt wants me to produce address proof. To ...

      By Rajeev Bhargava
      /
    • Can a Co-owner as wife make a Trust deed ?

      Sale deed has 2 names-Husband & Wife. Husband is living separately in another home and wife was earning to buy flat,( Husband had No source of income) Wife is paying for maintainance...

      By Anonymous Circle member
      /
    • Refund rule against downgrading to 3ed A.C from 2nd A. C.

      For travel on 2th April 2022 from Thane to Bydur ( Mookambika Road), on konkan Railway.the ticket booked on line through IRCTC. For difference fare, ZTTE issued a certificate. PNR no.8449078066.

      By PUTHUCODE ANANTHARAMAN
      /
    • MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽

      MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽ MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽ MB loan customer care number ❾❶⓿❷❶❷❹❺❸❽

      By Bookmy Kumar
      /
    • OB cash loan customer care number 9102124538

      OB cash loan customer care number 9102124538 🇮🇳 OB cash loan customer care number 9102124538 🇮🇳

      By Raju Kumar
      /
    • ancestral property rights

      Dear Members We are 4 kids to our parents, after parents expired without partition or will. Now I want to give up all my ancestral property rights to some one legally, so that they can c...

      By Anonymous Circle member
      /
    • CITY Governance Charges (CGC) on Carpet Area Basis?

      In a mega township project where one of the reputed builder charging CITY Governance Charges (CGC) based on per sq ft basis. It's nothing to do with building common area maintenance charges which i...

      By Mahesh Bhutkar
      /
    • H'ble SC asked GOI;- Is Govt willing to Ban Convicted Netas life long to Contest Elections

      A CJI Teared His Eyes. A CJI suggested Joint Meets of Judiciary and Executive. Another CJI deeply regretted and Seriously commented on Convicts Heading a Political Party and Share the Rule. T...

      By Csn Sarma
      /
    • Harazent by neighbor and society community

      What should we do to when a neighbor keeps harassing to us and our tenants who stay in our house which is in ozone villa society pune. When I was staying in 2014 with my six months baby and trying ...

      By Anjana P K Jain
      /
    • LEGAL AGREEMENTS

      Legal Agreements are a part of our every day life. We get into formal Agreements at various stages of our life. Parents sign on Agreements for their wards at school since minors cannot get into con...

      By VIJAYKUMAR N
      /
    • RWA Maintenance

      Hi, Would like to know is there are any court order or Law which gives flexibility for Owner/Tenant to pay the maintenance amount as per his/her convenience. Initially the m...

      By Anonymous Circle member
      /
Share
Enter your email and mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

All My Circles
Invite to
(Maximum 500 email ids allowed.)