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Bihar Deputy CM says will move Supreme Court against High Court stay on quota hike.

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The Bihar government will petition the Supreme Court to challenge the Patna High Court’s decision to set aside a 50% to 65% increase in reservation for deprived castes, Deputy Chief Minister Samrat Choudhary said on Thursday, even as opposition leader Tejashwi Yadav chastised the ruling National Democratic Alliance (NDA) for failing to include the quota law in the Constitution’s ninth schedule, which would have given it immunity from judicial review. In a setback for the Nitish Kumar government, the high court on Thursday struck down legislations passed by the state assembly in November last year to increase the reservation for scheduled castes, scheduled tribes, and backward classes in education and government jobs to 65%, exceeding the 50% ceiling set by the top court.

“After getting legal advice, the Bihar government plans to challenge the high court ruling before the Supreme Court. Backward communities, Dalits, and tribals must be given more reservation in Bihar,” Choudhary, who is also the state Bharatiya Janata Party (BJP) head, added. “We believe that the reservation laws in Bihar were amended in accordance with provisions of the Constitution states like Tamil Nadu, too, have 69% quotas.”

Madan Sahni, leader of the Janata Dal (United) and a state minister, has also stated that the administration will take appropriate measures. “Bihar was the first state to undertake a caste-based survey and boost quota based on its findings. We shall consider the top court’s verdict issued today.

In response to the high court’s decision, opposition leader Tejashwi Yadav accused the BJP-led NDA government at the Centre of obstructing the conduct of a caste survey and an increase in quota. “We are saddened, and we suspected that the BJP would try to halt the reservation. We had stated during the elections that the BJP is opposed to reservation… “I don’t understand why the Chief Minister is silent on this,” the RJD leader stated.

Shri Yadav stated that his party, which was part of the administration that implemented the higher quota, pushed on the inclusion of the updated reservation legislation in the Constitution’s ninth schedule. “The state and federal governments, however, did nothing. We demand that an all-party team meet with Prime Minister Narendra Modi to discuss the quota increase in the ninth schedule,” he said, adding that if the state government does not challenge the high court judgement, his party will. Kunal, the state secretary of CPI-ML (liberation), expressed unhappiness with the high court judgement and suggested that the state government approach the Supreme Court to “protect the interests of the backward and oppressed classes.”

WRITTEN BY: ABHISHEK SINGH

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Bombay HC holds MBBS degree valid even though the reservation certificate is proven to be fraudulent.

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CASE TITLE – Miss. Lubna Shoukat Mujawar v. State of Maharashtra

CASE NUMBER – Writ Petition No. 132 of 2017

DATED ON – 09.05.2024

QUORUM – Justice A.S. Chandurkar and Justice Jitendra Jain

FACTS OF THE CASE

The Petitioner had in the year 2012-13, enrolled herself for the MBBS course at the Lokmanya Tilak Municipal College and Hospital, who is the Respondent No.4 in this case. She had opted to enroll under the OBC category on the basis of Non-Creamy Layer, for which she had provided certificates. In 2012, a Writ Petition, numbered as 7456, was filed by an aspiring medical student seeking inquiry with respect to admission to the MBBS course through the OBC category based on the Non-Creamy Layer Certificate, due to which an enquiry was conducted against all the students that were enrolled at the college who obtained the admission on the basis of the said Certificate. The Petitioner’s father who had obtained the said Certificate was called for hearing by the Enquiry Committee in the month of April and October 2013. The Enquiry Committee came to the conclusion that the Petitioner’s father has misrepresented to the Authorities while making an application for the said Certificate. The Petitioner’s father stated that he gave Talaq on 9th October, 2008 to his wife and, therefore, the income of the wife was not shown while making the application but at the same time in his statement stated that for the betterment of the children, he used to stay along with his wife. Due to which, The Committee began to doubt the documents based on which the Talaq was granted. The Committee, therefore, concluded that the Petitioner’s father has obtained the said Certificate by giving false information.

On the basis of the above Enquiry Report, the Collector of the Mumbai Suburban District, Respondent No.3, on 8th October, 2013 cancelled the said Certificate and consequently, The College too, through a communication, dated 1st February, 2014, cancelled the admission of the Petitioner to the MBBS course. It is on this backdrop that the present petition was filed before this Court on 5th February, 2014 challenging the cancellation of the admission and the said Certificate.

ISSUES

  1. Whether the Petitioner has proven that she could be provided admission under the OBC category on the basis of Non-Creamy Layer Certificate?

  1. Whether the Petitioner’s father has procured the Non-Creamy layer Certificate rightfully?

  1. Whether the College is justified in cancelling the admission and preventing the Petitioner from further continuing her MBBS course?

CONTENTIONS BY THE PETITIONER

The Petitioner submitted that since her father had given Talaq to her mother on 9th October, 2008, the income of the mother was not mentioned by her father while making the application for the said Certificate. The Petitioner submitted that her parents were staying together for the sake of the Petitioner and, therefore, merely because they were staying together, the income of both the parents should not be considered for the said Certificate, since they had already obtained Talaq in 2008. The Petitioner further submitted that if the income of her father is considered then the Certificate has been correctly issued as per the Government Resolution dated 14th October 2008, wherein the upper limit of annual income prescribed for obtaining the said Certificate was Rs.4,50,000/-, which was more than what her father was earning. The Petitioner submitted that there is no false information given by her father and, therefore, the action of Respondent Nos.3 and 4 cancelling the Certificate and the admission is illegal and bad in law. The Petitioner had also filed notes of arguments giving dates and events up to 2022. The Petitioner submitted that on 25th July 2017, she completed her MBBS course and the passing certificate was issued to that effect. The Petitioner had also completed her internship as well as served as a Medical Officer in Kolhapur District during the period 22nd January 2022 to 11th October 2022.

CONTENTIONS BY THE RESPONDENT

The Respondents have relied upon the Enquiry Report and submitted that the Petitioner’s father had given false information with respect to the Talaq and also falsely stated that the Petitioner’s parents were staying separately when in fact they were staying together. The Respondents further submitted that such a course of action adopted by the Petitioner’s father to obtain admission is improper and would set a wrong precedent if the same is accepted. Furthermore, they informed that till today, the income of the Petitioner’s mother is not disclosed although, she was working with the Corporation. The learned Senior Counsel strongly opposed the petition and the prayers sought therein and justified the action of cancellation of the admission.

COURT ANALYSIS AND JUDGEMENT

The Petitioner’s father in his application dated 25th June, 2012 for obtaining Non-Creamy Layer Certificate has stated that his wife is a housewife and her income is Nil. This statement is found to be incorrect since his wife was working with the Corporation as stated by the petitioner as Class-III employee. Therefore, the statement made in the application was found to be incorrect. If the income of the wife had been given then the total income of the family would have exceeded Rs.4,50,000/- since the Petitioner in the said application has stated that his income was Rs.4,37,815/- for the financial year 2011-12. The Court believed that it is for this purpose that the Petitioner’s father, to circumvent the upper limit specified by Government Resolution had made a false statement. In the application, the Petitioner’s father stated that Afroz Jahan, a housewife was having no income whereas, before the Enquiry Committee, he stated that on 9th October, 2008, he had given Talaq to his wife. If that be so then there was no need for the Petitioner’s father in the application made for the certificate to state that Afroz Jahan is his wife. This lead the Court to conclude that either the document dated 9th October, 2008 giving Talaq is not genuine or the information provided in the application dated 25th June, 2012 is incorrect. Which in either case, the application is based on incorrect, wrong, and false information. The Petitioner’s father sought to justify that although he had given Talaq, he was staying with his wife for the betterment of the children when confronted by the Enquiry Committee. Which was in the eyes of the Court, self-contradictory and an afterthought, and therefore, the Enquiry Committee was justified in rejecting such a contention. From any angle, there was no doubt that the basis of cancelling the certificate and the admission was justified since the same was based on false, incorrect, and suppression of information. Therefore, the Petitioner’s prayer to quash the communication dated 8th October, 2013 was rejected. However, since the Petitioner had completed the MBBS course and was also qualified as a Doctor, the Court did not see it as necessary to deprive the country of a qualified doctor as it would be a loss, since the nation already had a very low ratio of doctors to population. The court then held that Respondent No.3 was justified in cancelling Non-Creamy Layer Certificate of the Petitioner dated 8th October 2013 based on which the admission was obtained in the College. But since the Petitioner was qualified, the College and the University were then directed to confer the degree to her. The admission of the Petitioner in the College right from year 2012 till completion of the MBBS course would be considered in the “Open Category” and the Petitioner was instructed to pay the difference in the fees which an Open Category Candidate was required to pay for the entire course, within 12 weeks from the date of the order. The Petitioner was also directed to pay the cost of Rs.50,000/- to the Hospital within the same time period.

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Judgement Reviewed by – Gnaneswarran Beemarao

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Ews Resevation Suitable For India Or Not:

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  1. The impact of EWS reservation on social equality in India:

The impact of EWS reservation on social equality in India has been a subject of debate and discussion. While proponents argue that it promotes inclusivity and addresses historical disadvantages faced by economically weaker sections, critics question its effectiveness in truly uplifting the marginalized groups.

The implementation of EWS reservation has undoubtedly provided opportunities for education and employment to those who were previously excluded. However, challenges remain in ensuring equitable access to these benefits as well as addressing the deeply entrenched social and economic disparities that persist in Indian society. The success of EWS reservation in promoting social equality ultimately depends on the comprehensive measures taken by the government to address the root causes of inequality and uplift the economically weaker sections. Efforts should be made to improve the quality of education provided to EWS students, ensuring that they receive the same standard of education as their privileged counterparts.[1]

Additionally, the government should focus on providing skill development programs and employment opportunities to EWS individuals, enabling them to break free from the cycle of poverty. Furthermore, there should be strict monitoring and enforcement of the reservation policy to prevent misuse and ensure that deserving candidates truly benefit from it. Only through these concerted efforts can EWS reservation truly bring about the desired social and economic transformation in Indian society.

  1. Assessing the effectiveness and implementation challenges of EWS reservation policies:

To evaluate the effectiveness of EWS reservation policies, it is crucial to conduct thorough assessments and analysis of the outcomes. This can be done by tracking the progress of individuals from economically weaker sections who have availed the reservation benefits and measuring their social and economic upliftment. The government should also address implementation challenges such as ensuring transparency in the selection process, preventing corruption, and providing adequate resources for the successful implementation of the reservation policies. By addressing these challenges and conducting regular evaluations, the government can make necessary improvements and ensure that the EWS reservation policies are truly effective in bringing about the desired social and economic transformation.

Furthermore, it is crucial for the government to actively monitor the impact of the EWS reservation policies on the targeted sections of society. This can be done through rigorous data collection and analysis, tracking the progress of individuals and communities who have benefited from the reservations. By measuring their social and economic upliftment, the government can assess the effectiveness of these policies in addressing the historic inequalities faced by the EWS population. Additionally, it is imperative for the government to address implementation challenges that may hinder the successful execution of the reservation policies.

  1. Exploring the historical context and evolution of reservation systems in India:

The historical context and evolution of reservation systems in India are essential to understanding their impact on society. Reservation policies were first introduced in India in the early 20th century as a means to address the social and economic disparities faced by marginalized communities. These policies aimed to provide representation and opportunities for historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Over time, the reservation system has evolved and expanded to include other sections of society, such as economically weaker sections (EWS) and women. Understanding the historical development of these policies can shed light on their intended goals and their impact on social equality. The reservation system has been both praised and criticized for its effectiveness in uplifting marginalized communities. While it has undeniably provided opportunities for education and employment for those who were previously denied access, some argue that it has also created a sense of dependency and perpetuated the notion of caste-based divisions in society. Nevertheless, the reservation policies continue to be an important tool in addressing historical injustices and fostering inclusivity in India.[2]

Reservation policies in India have been instrumental in providing representation to historically marginalized communities in various sectors, such as government, education, and public services. By allocating a certain percentage of seats or jobs to these communities, the policies aim to rectify centuries-old discrimination and create a more equitable society. However, it is important to periodically review and refine these policies to ensure they achieve their goals without inadvertently perpetuating divisions or hindering merit-based opportunities for all.

  1. Discussing alternative strategies to promote inclusivity and social upliftment beyond reservations in India:

One alternative strategy to promote inclusivity and social upliftment beyond reservations in India is through targeted affirmative action programs. These programs can be designed to specifically address the needs and challenges faced by marginalized communities, without resorting to quotas or reservations. For example, scholarships and mentorship programs can be implemented to provide educational and career opportunities to individuals from disadvantaged backgrounds. Additionally, government initiatives can focus on improving infrastructure and access to basic services in marginalized areas, ensuring that all citizens have equal opportunities for development and progress. Furthermore, promoting diversity and inclusion in the private sector through corporate social responsibility initiatives and diversity hiring practices can help create a more inclusive and equitable society. By actively seeking out and hiring individuals from diverse backgrounds, companies can foster a culture of acceptance and provide opportunities for underrepresented groups to thrive. Moreover, implementing training programs and workshops on unconscious bias and cultural sensitivity can further promote diversity and inclusion within organizations. Ultimately, these efforts can lead to a more equal distribution of resources and opportunities, contributing to a fair and just society for all.[3]

In addition, organizations can also establish mentorship programs and affinity groups to support and empower employees from marginalized communities. These initiatives can provide a safe space for individuals to connect, share experiences, and receive guidance from more experienced colleagues. By investing in these programs, companies can foster a sense of belonging and create a supportive environment that encourages diverse talent to stay and grow within the organization. Ultimately, these actions can drive innovation and drive better business outcomes, while simultaneously nurturing a more inclusive and equitable society.

Conclusion:

By prioritizing diversity and inclusion within the workplace, companies have the opportunity to not only create a more inclusive and equitable society, but also to enhance their own success. When employees feel valued and supported, they are more likely to bring their full selves to work, which can lead to increased creativity, collaboration, and productivity. Moreover, by actively seeking out and amplifying diverse perspectives, companies can better understand and meet the needs of their diverse customer base, ultimately resulting in improved business outcomes. In a world that is becoming increasingly interconnected and diverse, it is essential for companies to embrace and celebrate diversity in order to thrive in the long run.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By : Sushant Kumar Sharma

[1] Alex andrews George, EWS Reservation Eligibility – Know the Criteria to apply for the 10% Economically Weaker Section Quota Seats,  CLEAR IAS (September 30, 2023)  https://www.clearias.com/ews-reservation-eligibility/

[2] K.Venkataramanan, Explained | How has the EWS ruling altered reservations?, THE HINDU (November 13, 2022) https://www.thehindu.com/news/national/explained-how-has-the-ews-ruling-altered-reservations/article66129488.ece

[3] Adithyan, Economically Weaker Section, EWS, CLEARTAX (November 22, 2023) https://cleartax.in/glossary/economically-weaker-section-ews/

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Caste-Based Reservations and Affirmative Action: A Legal Outlook

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Abstract

Caste-based reservations and affirmative action policies have been pivotal in addressing historical social inequalities in countries like India. This article provides a legal overview of the topic, focusing on the Indian context as a case study. Examining the constitutional framework, landmark Supreme Court judgments, and ongoing debates, the article explores the delicate balance between rectifying historical injustices and promoting meritocracy. As reservations evolve to include economic criteria and confront intersectionality, the legal landscape continues to shape the contours of affirmative action, necessitating ongoing dialogue and nuanced perspectives.

Introduction:

Caste-based reservations and affirmative action policies have been the subject of significant legal discourse and societal debate in many countries, particularly in the context of addressing historical social inequalities. This brief legal article aims to provide an overview of the legal aspects surrounding caste-based reservations and affirmative action. Caste-based reservations and affirmative action are social policies aimed at addressing historical inequalities and promoting inclusivity. Particularly prominent in countries like India, these measures involve preferential treatment for historically marginalized communities. Rooted in constitutional frameworks, the legal aspects surrounding these policies play a crucial role in shaping social dynamics and opportunities. This brief explores the legal landscape and societal implications of caste-based reservations and affirmative action.

Legal Framework in India:

In India, the Constitution provides for affirmative action measures through various provisions, most notably Articles 15(4) and 16(4), which empower the state to make special provisions for the advancement of socially and educationally backward classes. The concept of reservations was initially introduced to uplift the Scheduled Castes (SCs) and Scheduled Tribes (STs) who had historically faced social discrimination.

Over time, the scope of reservations expanded to include Other Backward Classes (OBCs) as well, as per the recommendations of the Mandal Commission. However, the implementation of reservations has faced legal challenges, with arguments centred around issues of equality, meritocracy, and the perpetuation of caste-based identities[1].

Legal Challenges and Supreme Court Judgments:

The Indian judiciary has played a crucial role in shaping the contours of caste-based reservations. Several landmark judgments have addressed the constitutional validity of reservation policies. In the case of Indra Sawhney v. Union of India (1992), the Supreme Court upheld the constitutional validity of reservations but imposed a cap of 50%, emphasizing the need to balance the interests of the reserved and unreserved categories.

The ‘creamy layer’ concept, introduced through subsequent judgments, aimed to exclude economically advanced individuals within reserved categories from the benefits of reservations, addressing concerns related to perpetuating social and economic disparities. The Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.[2]

The Indian judiciary has significantly influenced the landscape of caste-based reservations through landmark judgments. In the pivotal case of Indra Sawhney v. Union of India (1992), the Supreme Court affirmed the constitutional validity of reservations while imposing a crucial limitation by capping it at 50%. This cap underscored the Court’s emphasis on striking a balance between the interests of reserved and unreserved categories.[3]

Subsequent judgments introduced the innovative ‘creamy layer’ concept, a mechanism designed to exclude economically affluent individuals within reserved categories from reservation benefits. This concept directly addresses concerns about perpetuating social and economic disparities within these communities. As a result, the judiciary has played a key role in refining reservation policies, ensuring they align with constitutional principles and promote a more equitable distribution of opportunities.

Ongoing Debates and Emerging Challenges:

While caste-based reservations have undoubtedly contributed to social upliftment, ongoing debates focus on the need for a more nuanced and dynamic approach. Critics argue that a static reservation system may perpetuate caste identities and hinder merit-based selection processes. Proponents, on the other hand, emphasize the historical injustices faced by certain communities and the continuing need for affirmative action.

The emergence of new challenges, such as intersectionality and the inclusion of economically backward sections, adds complexity to the debate. Striking a balance between rectifying historical injustices and promoting a meritocratic society remains a persistent challenge for policymakers and the judiciary. In the realm of caste-based reservations, the undeniable positive impact on social upliftment is countered by ongoing debates calling for a more nuanced and dynamic approach. Critics argue that a static reservation system risk perpetuating caste identities and potentially hindering merit-based selection processes. On the opposing side, proponents underscore the historical injustices faced by specific communities, asserting the ongoing necessity for affirmative action.

Adding complexity to the discourse are emerging challenges, such as the consideration of intersectionality and the inclusion of economically backward sections within the reservation framework. Achieving a delicate equilibrium between rectifying historical injustices and fostering a meritocratic society stands as a persistent challenge for both policymakers and the judiciary. As the dialogue unfolds, the need for a comprehensive and adaptable approach to affirmative action becomes increasingly apparent in navigating these intricate issues.

Conclusion:

Caste-based reservations and affirmative action are complex issues with far-reaching legal implications. While the legal framework in India acknowledges the need for affirmative measures, ongoing debates and legal challenges underscore the evolving nature of this issue. Achieving a delicate balance between social justice and meritocracy requires continual dialogue and a nuanced understanding of the diverse factors at play. Caste-based reservations and affirmative action, critical for addressing historical inequalities, pose complex challenges with profound legal implications. In India, the legal framework recognizes the imperative for affirmative measures, yet ongoing debates and legal challenges highlight the dynamic nature of this issue. Caste only cannot be the basis for reservation.[4]

Striking a delicate balance between social justice and meritocracy demands sustained dialogue and a nuanced understanding of diverse factors. Navigating this evolving landscape necessitates ongoing legal and societal discourse to ensure effective, fair, and adaptive policies.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By: Gauri Joshi

[1] SCC Online

[2] Indian Kanoon- Indra Sawhney Etc. Etc vs Union Of India And Others

[3] Indian Express

[4] Case Mine

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The Kerala High Court held that Reservation under Central Educational Institutions (Reservation and Admission) Act applies to IIMs

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Title: Mahesh Mohan v. Indian Institute of Management, Kozhikode & Anr

Decided on: 02 November, 2023

+ WP (C) No. 30510 of 2023

CORAM: Hon’ble Justice T.R Ravi

Introduction

The Kerala High Court ruled that in order to admit students to the Ph.D. Practice Track Course at Indian Institute of Management (IIM), Kozhikode, they must adhere to the reservation policy outlined in the Central Educational Institutions (Reservation and Admission) Act, 2006 (the “Act, 2006”). The Court observed that every Institute shall be a Central Education Institution for the purposes of the Central Educational Institutions (Reservation and Admission) Act, 2006, as stated in the proviso to Section 8 of the Indian Institute of Management Act, 2017.

Facts of the Case

Under the Other Backward Classes-Non-Creamy Layer (OBC-NC) category, the petitioner had applied to IIM, Kozhikode for the Ph.D. Practice Track Programme [Ph.D. (PT)]. The petitioner felt wronged by the institute’s refusal to admit him since the reservation policy was applied incorrectly. The petitioner claims that he was told, upon inquiry, that there would be no reservation mechanism and that admittance to the PhD program would only be determined by merit. According to the petitioner, he learned that IIM had chosen to implement a 10% cut-off mark system. He claims that in P.V. Indiresan v. Union of India & Ors. (2011), the Apex Court overturned the setting of the cut-off marks.

Courts analysis and decision

The Court noted that neither the notification soliciting applications nor any clause defining the cut-off marks had informed the candidates prior to the interview about the determination of the cut-off marks. Insofar as admissions to the Institute were concerned, the Court believed that the statute’s provisions would apply and that the selection criteria could not be altered once the procedure was completed. The respondents were instructed to admit the petitioner into the course after it was determined that the entire selection process would not need to be redone in this particular instance and that no other candidates in the OBC-NC category had received higher marks than the petitioner. Thus, the plea was disposed.  

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Written by- Hargunn Kaur Makhija

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