Latief U Zaman Dava
Pandit Nehru’s “tryst,” on the stroke of midnight between August 14 and 15, 1947, heralded the beginning of modern India. Here, the individual potential of her citizens would face no barriers in expanding in all directions, both within and beyond the shores of the country.
Faced with the reality of the abysmal and disrespectful life and deplorable living conditions of the Scheduled Castes and Tribes, and their societal ostracism, coupled with the vehemence with which the members of the Constituent Assembly pleaded for reservations for them, the acknowledged man of the twentieth century had to acquiesce to an affirmative action plan. This plan took the form of reservations in government services, Lok Sabha, and State Legislative Assemblies .Its inevitability also lay in the Government of India Act 1935, which mandated representation on a communal basis between the two major communities. Under the subterfuge of social justice, it included special dispensations for marginalised communities including SCs, women, and labourers.
Legal Framework
Articles 15(4) & 16(4) of the Constitution of India govern reservations for SCs, STs, and other socially & educationally backward classes among Indian citizens. Articles 15(3) & (4) form two exceptions to the guarantees provided under Articles 15 (1) & (2) against every form of discrimination by the State on the basis of only religion, caste, race, or sex . First, the State has been enabled to make special provisions for the benefit of women and children. Secondly, the same benevolent demeanour extended for the advancement of SCs, STs, and socially & educationally backward classes notwithstanding the provisions of Article 29(2).Article 335 makes a special provision for considering the claims of STs & SCs, thereby acting as an inalienable shield for them against the arbitrariness of the State. Article 16(4) specifically empowers the State to make provisions for the reservation in appointments or posts in favour of backward classes who, in the opinion of the State, based on quantifiable data generated in surveys conducted by relevant state personnel, aren’t adequately represented in the state services . Under Article 366 (24) & (25), Scheduled Castes & Scheduled Tribes have been respectively defined. It is the President who, under Article 341 by public notification, specifies castes, races, or tribes, or parts of the respective three categories as “Scheduled Castes” and under Article 342 as “Scheduled Tribes.” The SCs have 15% and STs 7.5% reservations in central services and other institutions under the control of the Union Government at the national level and in the Lok Sabha, their share is proportionate to their respective population.
Backward Classes
Under the Government of India Act of 1935, the electoral rights were exercisable by not more than 12% of the population of British India. This propelled previously dormant segments of the Indian political landscape into political activism, who after independence had greater expectations for their amelioration by getting rid of poverty and assured dignity of lives & share in government jobs . In tandem with constitutionally guaranteed reservations for SCs & STs, these people, equally at the receiving end based on socio-economic indicators, are galvanized for their share of national resources and employment opportunities . This prompted the government to set up the first Backward Classes Commission in 1953 (Kalelkar Commission), which submitted its report in 1955 but couldn’t be implemented due to the identification of a huge magnitude of castes as backward and out of them, an equally large number of castes as most backward among the backward classes.To dilute the political, social, and economic aspirations of backward classes, the concept of a casteless society was disseminated without a roadmap for their all-around and holistic development and economic growth.In the sixties and seventies, the socialists, including leaders from backward classes in Jan Sangh (the precursor of BJP), rallied around the fulcrum of social justice. This resulted in the establishment of the Mandal Commission (MC) in 1979 (2nd Backward Classes Commission), which submitted its report in December 1980 but it remained pending for want of implementation until 1990 when the V. P. Singh-led coalition government accepted the report.
The eleven-point social, economic, and educational indicators spelt out by the MC for determining the entitlement of a caste or class in a state or district to be specified as backward are as relevant in today’s context as they were during the 1979 – 1980 period . This can be appreciated by referring to the planks adopted by the MC for declaring castes or classes as backward provided they had scored out of 11 indices 11 viz state or district averages. These included manual labour for livelihood, kacha residential houses, share in government jobs, literacy rates, share of matriculates & graduates, male and female marriage ages in rural and urban areas, participation of women in works, number of children out of schools, student dropouts, average value of family assets, and incidence of household consumption loans. The report accepted by the government covers 54.4% of the population of the country as members of the backward classes but the percentage of reservation was halved by restricting it to 27% only. was a conscious decision taken by the Commission and accepted by the government without introducing any modifications leading to the overall percentage of reservations capped at 50%. The principle of earmarking percentage for reservations proportionate to the population as for as practicable cleared decks for reducing the percentage of statutory reservations for purposes of not exceeding the 50% moratorium fixed by the Apex Court in myriad cases and an acknowledgement of the difference between SCs & STs on one side of the spectrum and backward classes and others on its other side.
The total reservations in the Government of India for SCs, STs & OBCs now is 49.5%. By the 103rd Constitutional Amendment Act 2019, 10% reservations for Economically Weaker Sections from out of the OM category have been made, reducing the quota to 40.5% for general category candidates. 4% reservation for persons with disabilities and 10 to 20% for Ex-servicemen is horizontal, cutting across all categories . Practically, the percentage of reservations has risen to 59.5%, apart from horizontal for physically challenged & Ex-servicemen (intra each category depending upon the roaster points).
Judicial Interventions
A nine-judge Constitutional Bench of the Supreme Court in Indra Sawhney & Others V/s Union of India (1992) upheld 27 % reservation for OBCs but introduced the concept of the “Creamy Layer” in order to disable the affluent sections from OBCs from taking benefit of reservations, reiterated & capped the 50% limit on reservations, and laid down the law disallowing reservations in promotions. The embargo on reservations in promotions was undone through the Constitution Amendment Act 1995, which was also held valid in M. Nagaraj V/s Union of India (2006). The 10% reservations for EWSs brought in under the 103rd Constitutional Amendment Act 2019 were also upheld by the Supreme Court on November 7, 2022, in Janhit Abhiyaan Vs Union of India.
Part II
Scenario in J &K
The Naya Kashmir, a socio-politico- economic treaties, released in 1944 by legendary leader Sheikh Mohammad Abdullah laid foundation for social justice which got reflected in the J&K Constitution 1957 , now repealed.
From 1947 to 1967, in the absence of codified reservations, appointments to government jobs were made by the government departments themselves, without advertising the vacancies, or by the Recruitment Boards, where established. These bodies, in their own wisdom, considered the socio-economic status of the candidates and their respective domicile areas while finalising selections and nominations. Entry into government services was used as a means of gaining political legitimacy post the 1953 era, fully supported by the Union Government. The recruitment to gazetted posts was initially conducted through the successor forum of the pre-partition State Agency and from 1957 by the J&K Public Service Commission. Following the recommendations of the P.B. Gajindergadkar Commission, the State Government, via order No 252-GD of 1969 dated February 3, 1969, appointed a committee headed by J.N. Wazir, retired Chief Justice of J&K High Court, to identify Backward Classes in the state based on their social and educational backwardness.
Acting on the Wazir Committee’s recommendations, the State Government formulated the J&K Scheduled Castes & Backward Classes (Reservation) Rules 1970 and the J&K Scheduled Castes and Backward Classes Reservation (Appointment by Promotion) Rules 1970. These rules were challenged in the Apex Court in WP Nos 175, 359 & 360 of 1979 titled Janki Prasad Parimoo and others v/s The State of J&K and others. The court identified defects in the impugned rules, declaring them unenforceable until rectified . In compliance with this decision, a committee under the chairmanship of Justice Dr Adarsh Sen Anand was constituted under government order No 540-GR of 1976 dated 24.08.1976 to address the drawbacks highlighted by the Apex Court along with other related matters. Diverging from the Wazir Committee’s focus on social and educational paradigms, the Anand Committee included economic indicators while determining backwardness for the purpose of identifying classes or sections thereof as backward .Anand Committee’s recommendations led to a paradigm shift in the identification of socially and educationally backward classes by adopting an area-specific approach based on social, educational, and economic indicators. Consequently, all genuine residents, irrespective of caste in an area or village declared backward, became eligible for reservations, including those residing in areas adjoining the Line of Actual Control, subject to fulfilling prescribed conditions.
Subsequent to the acceptance of the Anand Committee report the Deputy Commissioners and Directorate of Economics and Statistics were occasionally tasked with verification responsibilities based on fresh representations which saw a significant number of areas or villages notified as backward areas, along with additional caste-based classes. The Backward Classes Commissions from 1993 (K.K. Gupta-led Commission) & onwards have consistently recommended the inclusion of new areas or villages as backward without considering the exclusion of areas or villages that no longer qualify as backward. Similarl fiat for other categories or other social castes remained unchanged.The Supreme Court recently upheld the decision of the Madras High Court that struck down the 10.5% internal quota for Vanniyars within the most backward classes of Tamil Nadu under the Act of 2021, citing the use of “antiquated data”. In the absence of a proper survey based on criteria akin to those adopted by the Mandal Commission, all additions made by the government based on the recommendations of government departments and Backward Classes Commissions are unlikely to withstand judicial scrutiny if challenged.The modicum of neutrality and autonomy once associated with the predecessors of the current Commission has now vanished ( by now its term expired) as evidenced by the castes and areas it has recommended for designation as Social Castes and backward areas, respectively. Jogi and Nath, known as drum beaters, Dubdaby Brahman and Achariyas, who serve as priests performing rites on various occasions, and Goda Brahman, who conduct marriage ceremonies and havans, along with Badara (guilters of utensils) and Bojra (beggars for food and clothes), have been classified as OBC without comparative assessments of their counterparts in other religious communities. A notable example is the Jats, who, by no stretch of the imagination, are socially and economically backward, yet have been notified as such. The approach of the latest BCC has been narrowly focused on specific communities rather than being holistic and based on a proper survey. In a series of decisions and the enactment of other laws leading to over-centralization, the power of the States to identify backward classes has been stripped away under the Constitution (One Hundred Second) Amendment Act of 2021.
SC’s, STs & Concerns
The Constitution (Jammu & Kashmir) Scheduled Castes Order 1956 marked the beginning of codified reservations in the erstwhile state. Compared to Scheduled Tribes (STs), the Scheduled Castes (SCs) have continuously enjoyed the benefits of reservations for the last 68 years and are now adequately represented in almost all organs of the Union Territory, proportionate to their population.However, out of the 13 castes notified in 1956, a few have not benefited from reservations due to poverty, which prevents them from accessing available educational opportunities.It is crucial to gather quantifiable data to draw conclusions about the adequacy of representation held in government jobs by each of the 13 castes, and those found with an inadequate share should be categorised separately, and entitled to a separate quota proportionate to their population and disparities.
Under The Constitution (Jammu and Kashmir) Scheduled Tribes Order 1989, twelve tribes and sub-tribes, mostly residents of the districts of Leh and Kargil, were notified as Scheduled Tribes in relation to the state of J&K for the purposes of the Constitution of India.The non-inclusion of Gujjar and Bakarwal communities led to significant unrest in the state, highlighting the Union Government’s lopsided approach. The beginning of the 1990s saw an uprising in significant parts of the state, and the Union Government realised the dangers of leaving the Gujjar and Bakarwal communities in a state of antagonism.By the Constitution (Schedule Tribes)(Amendment) Ordinance 1991,among others in State of Karnataka,Gujjar & Bakerwal in J&K were also declared as Scheduled tribes. This was followed by another order in 8/1991 bringing within the ambit of STs “Gaddi “ & “Sippi”.
Part III
Out of the total tribal population of 12.75 lakhs (Census 2011), 36.41% hail from the Kashmir Division and 9.18% from the Chenab Valley. In the recruitment for gazetted posts and equivalents, one may hardly find selected candidates from these two regions, except for those from Shina & Balti backgrounds.The chaotic outcome in appointments for non-gazetted jobs has resulted in selected candidates predominantly from Poonch, Rajouri, and Jammu Districts, with scant representation of locals, even for Class IV posts.Thanks to decentralization and cadre formation at district and divisional levels, and a weighting for familiarity with respective districts and divisions, the situation is not as alarming but does necessitate codification on solid grounds to enable all regions to have a fair share of employment opportunities.The sub-categorization for the most backward within various tribes can be implemented based on quantifiable data from a special survey. The sub-category could include Gujjar & Bakarwal from temperate regions, proportionate to their population. Some castes of Gujjar & Bakarwal domiciled in J&K are considered as Pothwari, with Iranian royal ancestry, such as the Keyani lineage. While most scholars from the community attribute their origin to Russia and Georgia, their counterparts in mainland India hold contrary views.
The Sippi & Gaddi, are professional shepherds and ethnic Dogras influenced by Pahari habitats were declared ST during 1991 to the exclusion of Chopans ( Koshur) who migrate to highland meadows for grazing during summer and return to foothills and local plains in other periods. They also qualify for grant of ST status based on the analogy of the two aforementioned caste-based professions, but so far have been denied.
Under The Constitution (J&K) Scheduled Tribes Order (Amendment) Act 2024, Gadda Brahmin, Koli, Paddari tribe, and Pahari Ethnic Group have been declared as Scheduled Tribes in J&K for the purpose of the Indian Constitution.No UT-level survey was conducted to identify tribes or sub-tribes for consideration for the grant of ST status. During the 2011 Census, it was the Scheduled Castes & Scheduled Tribes(I) who were enumerated as such. In the Mother Tongue count under Census 2011, it was Pahari-speaking people, not the Pahari ethnic group, who were counted as 977,692, i.e., 8% of the UT population.By fixing a reservation at 10% for STs, it appears that the population of Gadda Brahmin, Koli, & Paddari is over 2.20 lakhs, which is unlikely after considering ground-level demographic positions.Whether the figure relates to the population of the 2011 Census or as it existed during 2023/2024 requires clarification from the BCC. All non-Pahari populations who, before the demand for ST status gained momentum, were proudly identifying themselves as Koshur, Dogra, & Punjabi during door-to-door census counts before the 1981 Census.
Having settled in the Peer Panchal region centuries earlier, these migrants assimilated with locals who were predominantly Pahari-speaking and from West Punjab, largely landlords, chieftains, and traders, thus establishing a social contract between them and the new arrivals from Kashmir and surrounding Dogra principalities.The Gujjar & Bakarwal, being peasantry and a landless labour force, could not attract the attention of the new non-Pahari migrants.The Pahari/Pothwari are largely scattered over the Rawalpindi Division of Pakistani Punjab, the Pothohar plateau, apart from in Mirpur-Poonch-Muzaffarabad track on both sides of the LOC.Most of these people link their ancestry to the Middle East, while others, particularly non-Muslims, to the Indo-Gangetic civilizations, but now there is greater unanimity among scholars that Pahari are Indo-Aryan ethnic groups native to Pothwar.
In Ladakh, Kashmiri people settled for over 700 years have merged with locals through languages and matrimonial relationships and are called “Argon” and are not eligible for ST status since they are not included in the 12 tribes and sub-tribes notified as STs.Out of the total population of 133,487 in Leh and 140,802 in Kargil, the ST population in these two districts is 95,857 and 122,336 respectively. Hence, defining Pahari as an ethnicity cannot be delayed for long lest this language-speaking people, as their mother tongue, may outnumber the genuine Pahari ethnic population in the distant future.
Gadda Brahmin essentially falls in the Brahmin hierarchy and performs religious rites, and Koli are farmers, both embodiments of Dogra ethnicity. What about the counterparts of these two classes living in the UT with almost all commonalities except their faith? How do these people, including their Muslim & Punjabi counterparts in non-Dogra regions, fulfil the criteria spanning over factors of indigenousness, primitive traits, geographic isolation, economic backwardness, social distinctiveness, and shyness of contact, which have been laid down for accepting claims for the grant of ST status?
Statutory position in J&K
The J&K Reservation Act 2005, read with the J&K Reservation (Amendment) Act 2023, and the J&K Reservation Rules 2005, amended vide SO176 dated March 15, 2024, govern reservations in services and admission to professional courses in the UT of J&K. The quota for jobs for STs is 20%, SCs 8%, OBCs (Other Social Castes) 8%, RBAs 10%, & LOC/IB 4% (50%). 10% for EWSs from the General Category other than STs, SCs, OBCs, RBAs, & LAC/IB. 40% for the General category. Horizontal reservations for Persons with Disabilities are 4% and for Ex-servicemen 6%.
Relevance of Indo-Pak borders
The Anand Committee, instead of including border areas or villages with areas and villages declared socially and educationally backward, chose to create a separate nomenclature for them primarily due to the adverse effects on the people arising out of the division of families and habitations caused by the Line of Actual Control (LOC) accompanied by uncertainty about the future and frequent skirmishes (from 1990 virtually a war-like scenario) between Indian and Pakistani forces, unleashing untold hardships for the residents, including adverse impacts on the education of children and other students .By leveraging settled and peaceful International Borders (IB) with the LOC, the going for residents from the former has become tougher due to the incompatibility between the two. Kashmir Division and Chenab Valley, based on official data, have lost about 45,000 lives, thousands disabled and injured, and almost five working years cumulatively lost during thirty years from 1990 due to militancy, operations, and strikes.The example set for IBs would peter out into insignificance against the entitlement of candidates from the two regions who, against all odds, have survived, spurned militancy dragnets, and attained education in highly disturbed security environments. A bad precedent but capable of being an unchallengeable one in arguments for its application to the residents/domiciles of North-east and West Bengal sharing borders with Bangladesh and Punjab, Rajasthan, and Gujarat bordering Pakistan.
Assessing EWS
An equally complex dimension of this policy involves the Economically Weaker Sections (EWS) certification process. There are potential manipulation risks, particularly in assessing business and agricultural incomes.
One can be eligible for EWS Certificate provided the conditions listed below are met with:-
Should not belong to any category entitled to reservations;
Annual family income from all sources including Agriculture, Business & salary should be less than eight lakhs;
Applicant’s family should not own more than five acres of agriculture land ( 40 kanals) ;
Applicant’s family residential flat, if any, should be less than 1000 Sq ft. &
Applicant’s family residential plot should be less than 100 Sq yards (3.3 Marla) within notified Municipalities & less than 200 Sq yards ( 6.6 Marla) outside the notified Municipalities.
The agricultural income assessment reveals extraordinary complexity. An overwhelming 83.78% of holdings in JK are marginal, representing 47.17% of cultivated area. Significant variations in crop yields and income potential create substantial challenges in accurately determining economic status. Factors like orchard production, which can fluctuate dramatically between bumper and lean years, further complicate income assessments but in its application to J&K a solid case is made out for reducing the upper limit to three acres from five acres.
Besides, certificates of income can be manipulated by entrepreneurs in the absence of mechanisms to verify and assess the incomes including assets and properties.
Part IV
Admissions to professional Courses
In 2022, the Lieutenant Governor (LG) led administration made a significant policy change by joining the National Pool (NP) system for medical college admissions. This unprecedented decision involved allocating 50% of seats (173 out of 346) in Postgraduate (PG) and Postgraduate Diploma (PGD) programs and 15% of seats (166 out of 1,107) in MBBS undergraduate programs to a national-level competitive pool in 2024. This enabled local aspirants to also compete for berths from the vast pool of seats at the national level.The decision was not guided by a thorough survey and analysis of the pros and cons of the policy or by an assessment of the benefits or losses to the youth. The administration justified this policy primarily through the lens of national integration and uniformity in professional course admissions. However, a deeper analysis reveals that the implementation has exposed numerous critical systemic issues and unintended consequences.
Demographic Complexity
The demographic and competitive landscape that emerged from this policy is particularly revealing. The National Pool has predominantly benefited candidates from states with strategically advantageous positions. In Jammu and Kashmir, a stark demographic shift is evident, with out-of-region candidates frequently outnumbering local general category candidates. This phenomenon is further complicated by significant communication challenges arising from linguistic and cultural differences, compounded by the region’s challenging climatic conditions. This exposes the weakness of the argument of ‘fair competition’.
Against the surrender of 173 slots in Post-Graduation and 166 in Under-Graduate (MBBS) during 2024 in the National Pool, the corresponding gains are meagre and that too in disciplines and faculties where the Union Territory is fully saturated with additional unutilised manpower. Quite agonizingly, the burgeoning aspirants for Medical Education have been left to fend for 50% slots in PG and 85% in UG programmes of Medical Colleges, which are framed as ‘Medical Colleges in J&K” and not ‘Medical Colleges of J&K’.
Intricacies of Reservation Structure
The reservation structure itself is intricate and multifaceted. Vertical reservations include substantial allocations for various categories: Scheduled Tribes receive 20%, Scheduled Castes 8%, Reserved Backward Areas 10%, Other Backward Classes 8%, Local Area Candidates/Integrated Borders 4%, and Economically Weaker Sections 10%. Horizontal reservations for postgraduate programs include specific quotas for children of defense personnel, paramilitary forces, J&K Police, and candidates with sports proficiency.
Children of Defence Personnel, Children of para- military forces and JK Police and Candidates possessing proficiency in Sports have 01% each horizontal reservations in PG Courses where as for UG admissions, the percentage for JK PM is 1%, CDP 3%, Sports 2%, and PWD 4% ( 10%).
Altering General Category Allocation
The reservation system and admission dynamics reveal a complex interplay of categories that substantially alters the effective General Category (GC) seat allocation. Two primary factors contribute to this intricate mechanism:-
First, an extraordinary number of candidates from specific reserved categories—Reserved Backward Areas (RBA), Scheduled Castes (SCs), Local Area Candidates/Integrated Borders (LAC/IB), and Other Backward Classes (OBCs)—qualify through the General Category based on merit and established cut-off scores. When these candidates secure seats in the General Category, they are simultaneously replaced in their original category by eligible substitute candidates. Consequently, the General Category is no longer a pure representation of traditionally general category candidates, but rather an admixture of candidates from multiple categories.
Secondly, candidates eligible for horizontal reservations are predominantly from the General Category, distinguished by their exceptional academic performance. This superiority stems from their access to high-quality educational institutions exclusively serving children of military, security, and police forces. These specialized schools provide superior educational ecosystems, resulting in more meritorious candidates. This phenomenon further erodes the opportunities for merit-anchored and hardworking general category candidates.
Ideally, roster points should have been fixed across categories, mirroring the approach used in horizontal reservations for job placements. Moreover, following the administrative changes of August 5, 2019, the special provisions for children of personnel in uniformed services are no longer justifiable. The long-term postings and family settlements now entitle these candidates to “Domicile status,” rendering them standard candidates for medical college admissions.
Most critically, the current system effectively erodes the General Category (GC) quota. For postgraduate programs, the quota diminishes from a nominal 40% (68 seats) to a practical 25.43%. Similarly, undergraduate programs see a reduction from 40% (376 seats) to 35%. This systematic reduction significantly impacts meritorious candidates from the general category.
Local Self Governance Limitations
This policy that is a reversal of the stated policy standpoints of previous elected governments in Jammu and Kashmir should ordinarily have been decided by an elected government. The Lieutenant Governor has not acted on the advice of the Council of Ministers.
The governance approach underlying this policy bears a striking resemblance to the colonial-era dyarchy system (Government of India Act, 1919 and Act of 1935), where key administrative decisions circumvent locally elected representatives. This administrative methodology has inadvertently sparked a growing sentiment for local self-governance, reminiscent of historical movements against external administrative control. A little push can trigger a tsunami-like situation.
Part V
Way forward on reservations. Uniformity with national level dispensation.
Some corrective steps need be taken immediately to assuage the genuine concerns of the population far exceeding those covered under existing set of reservations.
The Government must reconsider participation in the National Pool, comprehensively review reservation policies—especially for specialized medical education—and develop a more sophisticated approach to admissions that balances national integration with local opportunities.
The public discourse on reservations for Postgraduate and Super Specialty medical courses demands a comprehensive national review based on several critical considerations.The justification for reservations begins to lose ground when applied to advanced academic stages. Despite initial disparities, candidates now encounter remarkable uniformities across educational landscapes. Quality education, institutional facilities, academic environments, and professional organizations ecosystems have become increasingly accessible to all aspirants, irrespective of their categorical classifications.
During undergraduate courses, reserved category candidates receive substantial governmental support through scholarships, financial assistance, and targeted faculty interventions. These comprehensive support mechanisms create inherent advantages that extend beyond initial entry-level provisions.
Internationally, developed nations do not impose categorical boundaries in disciplines requiring intellectual exploration. Their approach prioritizes unrestricted pursuit of knowledge, particularly in domains demanding exceptional intellectual capabilities such as medical research, technology, information technology, and artificial intelligence.
The reservation framework requires sophisticated refinement, including the introduction of a “creamy layer” concept for Scheduled Tribes and Scheduled Castes. This approach aims to reach previously overlooked sections within these categories, acknowledging internal socioeconomic diversities.
A progressive strategy should also involve systematically phasing out reservation benefits. This would include developing mechanisms to gradually eliminate support for candidates and their legal heirs who have already received substantial advantages, creating a time-bound transition away from perpetual categorical support.
A comprehensive, pan-UT level, survey on formats to be devised in association with Anthropological Survey of India is essential. This survey, to be conducted by the Directorate of Economics & Statistics, should focus on sub-categorizing tribes, sub-tribes, and castes from STs & SCs. These groups from STs are currently underrepresented in services and admissions to professional courses principally due to geographic locations & resultant isolation.
The survey must also aim to define the Ethnic Pahari Group, distinguishing it from Pahari-speaking individuals. It should recommend ST status for groups that share commonalities with officially recognized STs, excluding differences in belief system .Additionally, the survey should advocate for the abolition of the RBA, LAC/IB, and Social Caste (OBCs) categories. These should be replaced with OBCs defined by the 11-point criterion of the Mandal Commission which would bring about uniformity between national & J&K level dispensations. This criterion will now include three new points: tough terrain and weather hazards due to altitude above 5500 ft from sea level, dependable connectivity, and the impact of militancy on public health. The proposed reservation percentage for these new OBCs should be half of their proportionate share, reflecting the national standard set by the Mandal Commission. In this way the structure of reservations in J&K shall sync with national level position.
This change would also increase the general category’s quota. Furthermore, the 6% horizontal reservation for ex-servicemen needs re-evaluation and should correlate with their demographic data and in admissions to professional disciplines the horizontal reservations limited to PWDs & sports persons. Population references should be based on the “projected population” for 2024, calculated using the state-level decadal growth rate from 2001 to 2011 .
The author is IAS ( Retd), former Chairman J&K Public Service Commission & Advocate at Srinagar
( Three parts have been already published by Kashmir Times)