Reservation row with very little left for general category
Govt to take call now, Legislature route an option
JAMMU, Sept 6:
The Law Department of Jammu and Kashmir has almost finalized its legal opinion to be submitted to the Cabinet on reservations in the Union Territory which was sought in the Cabinet meeting held on June 18 in Srinagar following submission of report by three-member Cabinet Sub Committee (CSC).
The Cabinet chaired by Chief Minister Omar Abdullah threadbare discussed the CSC report, which was submitted on June 10 i.e. exactly six months of its constitution, and decided to refer it to the Law Department for legal opinion.
Official sources told the Excelsior that the Law Department has finalized its opinion after studying the report for about two months and is in the process of submitting it back to the Cabinet.
“The Law Department has banked on existing Constitutional provisions as well as the Apex Court guidelines about the reservations in all States and Union Territories,” the officials said without elaborating.
They said when the report reaches the Government it then becomes their prerogative on when to place it before the Cabinet for discussion and further action which can be taken through the legislative route provided that the Government deems fit to alter the quota to give more percentage to General Category, which was also the poll plank of ruling National Conference.
The Omar Abdullah-Government has been under tremendous pressure from various youth and student bodies to reduce reservation in other categories to increase share of general category which has come down to below 30 percent in Jammu and Kashmir as quota has reached 70 percent.
The highest 20 percent reservation has been given to Scheduled Tribes (STs) in Jammu and Kashmir including 10 percent each to Gujjars and Bakerwals and Pahari Ethnic Tribes, 10 percent to Resident of Backward Areas, 10 percent to Economically Weaker Sections, eight percent to Other Backward Classes, eight percent to Scheduled Castes (SCs) and four percent to Residents of areas adjoining Line of Actual Control (ALC)/International Border (IB). There is 10 percent horizontal reservation including six percent to Ex-Servicemen and four percent to Persons with Disabilities (PwDs).
Further, some candidates from the reserved category, who get selected in general category, can also opt for jobs or seats in open category.
The CSC on Reservation was set up by Omar Government on December 10, 2024 following unrest among the youth of general category candidates. The CSC was asked to submit recommendations within six months. The CSC finalized its report on June 10 which was placed before the Cabinet on June 18.
The CSC comprised Health and Medical Education, Education and Social Welfare Minister Sakina Itoo; Forest, PHE, Irrigation & Flood Control Minister Javed Rana and Transport & Sports Minister Satish Sharma.
“If the Government intends to alter the reservation to increase share of the General Category in Government jobs and educational institutions, it will have to take the Legislature route,” the officials said.
The Legislature session of the UT is now expected to be held in first week of October.
Latest quota of 10 percent to Pahari Ethnic Tribe, 10 percent to EWS and eight percent to OBCs has been given by the present Central Government, all by an act of Parliament. The RBA category once had 20 percent reservation which has been brought down to 10 percent.
There was no reservation to OBCs in Jammu and Kashmir till it was given by the BJP Government at the Centre.
However, four percent reservation was given to Other Social Castes (OSCs), prior to the OBC quota.
(Courtesy Daily Excelsior)