Reservation in Private Sector is The Matter of Life and Death

10/10/2010

Two Days’ National Convention of All India Confederation of SC/ST (Scheduled Caste/Scheduled Tribe) Organisations began this morning at Ambedkar Bhavan, New Delhi. Hundreds of national leaders of SC/ST Confederation arrived from all over the countries representing SC/ST Unions and Associations in different Governmental departments and private sectors.

The National Convention was inaugurated with a prayer recited by a Buddhist monk followed by the leaders and participants of the National Convention. The main agenda of the National Convention is “Reservation in private sectors, which is the matter of life and death for SC/ST communities in India.”

 

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In inaugural speech, Dr. Udit Raj says, “Reservation in Private Sector will empower us permanently which will not be less than achieving political power. Without Cultural Revolution and Buddhism, it is difficult to have equality in the society. Reservation in Higher Judiciary and Armed Forces and enactment of Reservation Act is a must. Business is the key to the rule.”

Many government sectors are becoming private sectors in India and private companies are mushrooming, where the employments are given to eligible and educated members of communities and Dalits and oppressed and less educated members do not have much employment opportunities.

National Convention will also addresses the issue of appealing to the Prime Minister, Dr. Manmohan Singh to arrange an occasion for the US President Barack Obama to pay homage to Dr. B R Ambedkar when he visits India in November this year.

Dr. Udit Raj has been campaigning for Ambedkar Parinirvan Bhoomi, where Dr. B R Ambedkar lived and died to be given the status of Raj Ghat.

All India Confederation of SC/ST Organisations (www.scstconfederation.net) is the national body of Scheduled Caste and Scheduled Tribe Government Employees’ unions founded in October 1997 under the Dynamic leadership of Dr. Udit Raj. The Objective of the Confederation is to restore the original position of the Constitution so that the intent and spirit of the Constitution is maintained. Latter the Confederation expanded with larger partnership with different human rights agencies in national and global level in search total abolition of caste and dalit freedom.

 

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SC to decide on migrant Dalits right to reservation SC/ST interstate

10/10/2010

TOI

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NEW DELHI: The supreme court on Thursday referred to a “Bench of appropriate strength” for deciding whether a Scheduled Caste candidate in a particular state is entitled to the benefits of quota in employment in another state.

A Bench of Justices B Sudershan Reddy and S S Nijjar passed the order while dealing with Uttarakhand government’s appeal challenging a ruling of the High Court that if a SC candidate migrates to another state he or she would be entitled to the benefits of reservation.

The state took the stance that an SC migrating from one state to another would not be entitled to the benefit unless the community to which the candidate belonged was also listed under the category of Scheduled Castes in the migrating State.

The high court had earlier directed the state to reinstate certain SC candidates from UP, Bihar, Tripura as Assistant Professors in the G B Pant University of Agriculture and Technology after they were removed on the ground that though they were treated as Dalits in respective states, yet the communities were not listed as Dalits in Uttarakhand.

The apex court, while dealing with the issue, referred to the Constitution Bench ruling in Mari Chandra Shekar Rao case (1990) wherein it was held that an SC candidate cannot derive the benefit of reservation in another state unless the community was listed as Scheduled Caste on the basis of the Presidential Order under Article 341 and 342.

A similar view was held by a three-judge bench in S Pushpa V Sivachanmugavel (2005) case by relying on the Constitution Bench’s earlier ruling.

However, the three-judge Bench’s ruling was ignored by a two-judge Bench in the Subhash Chandra Vs Delhi Subordinate Services Selection Board case in 2009 which took the view that the earlier direction by the three-judge Bench was only an obiter dicta (suggestion) and was not binding. It took a contary view that an SC even if he/she migrates was entitled to the benefits of reservation.

The apex court today took exception to the two-judge bench’s ruling and said “in our considered opinion, it was not open to a two-judge Bench to say that the decision of a three judge Bench rendered following the Constitution Bench judgements to be per incuriam(a mistake and not binding).”

The apex court, citing a Constitution Bench ruling, said the law laid down by a larger Bench is binding on any subsequent Bench of lesser or co-equal strength.

Read more: SC to decide on migrant Dalits right to reservation – The Times of India http://timesofindia.indiatimes.com/india/-SC-to-decide-on-migrant-Dalits-right-to-reservation/articleshow/6707608.cms#ixzz11w1X9Ywe


No faculty SC /ST reservation in IIT and IIM, bill soon

08/10/2010

New Delhi: In a significant development, 47 top institutions in the country including the IITs and IIMs as well as the central university will be exempted from faculty reservations.

 

The job reservations for SC/ST citizens in India so far has been through a bunch executive order.

 

In the last session, the ruling United Progressive Alliance (UPA) introduced a bill to provide a framework for job quotas. But the HRD ministry informed the IIT council today that the bill will not include India’s premier institutions.

 

The HRD ministry informed the council in a meeting that their long standing demand to exempt IITs and IIMs from faculty reservations has been met.

 

The UPA in the last session has introduced a bill in Parliament to provide statutory framework to quotas in jobs. The bill is now with the upper house, the Rajya Sabha.

 

HRD ministry has informed that the bill will exclude 47 top institutes including IITs, IIMs and NITs as well as all central universities, from reservations.

 

The bill is called SC/ST Post Resevation Bill, 2008.

 

The Prime Minister had gone to IIT Guwahati last year where the institute made a representation aganst quotas in the faculty of these premier institutes.

 

For the time in his tenure, HRD Minister Arjun Singh has readily conceded to the demands of the anti-reservation lobby.

http://ibnlive.in.com/news/no-faculty-reservation-in-iit-and-iim-bill-soon/83889-3.html