Regarding reservations in private sector having shared in other circle , I have collected some prime issues mentioned below and request the professionals to kindly suggest and advise .
1. 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.
2. 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 .
3. 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 .
Article 15 [4 ] does not speak of “ Castes “ but only speaks of “ Classes “ and ‘ caste ‘ and ‘ class ‘ are not synonymous
4. 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 .
5. 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 .
6. 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 th 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 CLASSES .

7. 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 .
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 .
In deed , both legally and socially the policy of Reservations cannot be justified .

The Reservations for backward communities should not be excessive so as to create a monopoly or to interfere with the 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.,


8. 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 .

9. 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 .

10. 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 .

11. 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 . more