The given below is the copy of the MEMORANDUM submitted to HONORABLE PRIME MINISTER OF INDIA SH. NARENDRA MODI (with both national and state demands) through our confederationss NATIONAL CHAIRMAN DR. UDIT RAJ (MP) and to the HONORABLE CHIEF MINISTER OF JAMMU & KASHMIR JENAB OMAR ABDHULLAH (WITH STATE DEMANDS) directly Sub: Memorandum Hon’ble Sir, Today on this 13th day of July 2014, we submit this memorandum for your help to assert the hitherto denied constitutional and fundamental rights of SC/ST/OBC’s of the state under the Constitutional schemes to ameliorate the lot of these suffering classes. The present memorandum, under the proficient direction of our State President Mr. R. K. Kalsotra, is directed towards your appraisal of the plight of downtrodden communities and for further affirmative action by the government at the national level. Thus, all the communities constitutionally categorized as Scheduled Castes, Scheduled Tribes and Other Backward Classes/ Social Castes due to their being Economically, Socially and Educationally Backward for centuries and having negligible representation in State Govt. Services, under the aegis of All India Confederation of SC/ST/OBC (Employees) Organizations (J&K), through the medium of this memorandum wish to submit the following two pronged issues for your kind consideration: AT NATIONAL LEVEL Since the reservation at national level is surviving on the basis of various office memoranda and judgments pronounced by the Hon’ble Supreme Court since Independence, an enactment in the shape of Reservation Act encompassing all the issues with stricter implementation clauses is imperative. Furthermore, this Act needs to be placed in IXth Schedule of the Constitution of India. Private industries have negligible avenues for candidates belonging to SC/ST/OBC communities and even a survey can be directed on this aspect. It is stressed that private industrial houses, which take tax sops, government schemes and even financial help on slashed rates of interests have a duty to uplift those who have been rendered weak and underprivileged due to social, educational and economic reasons so reservation policy in private sector, to lessen chances of unemployment and deprivation among these classes, needs to be framed. Employees from these communities have always been deprived of fair chance to be promoted and employers/Government always fiddles with the rosters provided for promotions. Hence, reservation in promotions needs to be provided with attending penal consequences for whosoever does not adhere to the rosters provided for promotions. Not even 1 percent of the judges in High Courts and the Supreme Court are from SC/ST/OBC’s. Reason is discernible as the mindsets have still not changed. To provide equality in avenues in the judiciary Reservation in higher judiciary needs to be provided. Although RTE is clear on providing education in all institutions but children from these classes are still not being considered fit for education in private institutions. A fool proof mechanism, with attending penal provisions in case of default, needs to be framed and the officers of proven integrity should be appointed to assess the implementation of reservation in corporate educational institutions . Reservation in commercial complexes. Misutilization/underutilization of national SC special component plan and ST sub plan leads to deprivation of people from these communities on all aspects be it employment generation, social welfare, education or self employment to name a few. It is requested that the government should release these component plans within a fixed time frame so that there is no lapse of funds. AT STATE LEVEL: We also plead your Hon’ble self to prevail upon the state Government to accord thoughtful consideration to the following demands: State citizenship rights for West Pakistan Refugees: The Confederation demands amendment of the Constitution of J&K by the Legislative Assembly and Council or promulgation of an Ordinance to provide all the rights to West Pakistan Refugees so as to bring them at par with the permanent residents of the state of J&K. It is only by adopting this strategy that these people can be empowered to live with dignity. Implementation of 27% reservation for OBC’s: The Mandal Commission report has been warped in the form of reservation to Backward areas to profit the already well off populace in the state thereby marring the rights of the real OBC’s. We therefore demand implementation of recommendations by the Mandal Commission duly confirmed by the Hon’ble Supreme Court in Indira Sawhney’s case. Further, the Confederation demands enhancement of income slab to Rs. 6 Lakhs per annum for the OBC’s at par with that at the centre for creamy layer. Central budgetary allocation: for SC’s and ST’s for the year 2013-14 was Rs. 45000 crore and Rs. 21,000 crore respectively, consequently, the Confederation impressed upon the state to demand Rs. 2000 crore for SC’s and Rs. 1000 crore for ST’s as its share for the state immediately so that it could be utilized from April 2013 itself for generating job avenues for these communities so that inclination of unemployed youth towards public employment is lessened. On similar lines, the Confederation demanded that the state should provide 10 % (Rs.3800 crore) and 8% (Rs.3500 crore) share for ST’s and SC’s respectively from out of total state budgetary allocation for the year 2013-14. Also, accountability of utilization of funds under special component plans which are exclusively meant for income generating programs for SC/ST/OBC’s and stopping diversion thereof for general purposes was also demanded. However, the Government overlooked all these demands and the Confederation puts forth the same set of demands for the year 2014-15. Provide reservation: in the Districts according to proportion of population of SC/ST/OBC’s at District level for district cadre posts. Also 1st provisio to Section 3 of the Reservation Act, 2004, which seals total reservation to 50 percent, be deleted. We also demand adequate representation to SC/ST/OBC students in all universities/Medical colleges Reservation: In Rehbar-e-Taleem, Rehbar-e-Zerat, Rehbar-e-Sehat, Consolidated, contractual, Adhoc, Temporary, need basis in govt. corporations, J&K Bank, J&K Grameen Bank, Co-operative Banks, NRHM, SPO’s, Anganwari workers and other departments particularly in the wake of new developments where their seniority has to be counted from the date of their initial appointment. Also calculate pending backlog of over 60,000 posts in these departments and launch special recruitment drives for SC/ST/OBC’s to fill up these posts. We also demand adequate representation to SC/ST/OBC students in all universities/Medical colleges. Reservation should be provided in private sector. Extension of the jurisdiction: of the National Commission for SC’s, National Commission for ST’s and National Commission for Backward Classes to the state of J&K by amendment in the respective state acts. Recruitment: without SSRB and PSC should not be carried out. Stop ad hoc recruitment and provide reservation to the fullest extent in direct recruitment. Maintenance: of roster and roster based seniority and promotion thereon in the government departments and PSU’s, clearance of backlog vacancies in promotions. SRO 110 of 2000 which nullified the Catch up rule, must be implemented in letter and spirit as also the 85th amendment Act of the Constitution of India. Maintenance of roster point seniority for senior level posts of KAS, Engineering, Education, and other equivalent posts. Our people are singled out for hostile treatment in the matter of promotions in public employment as the seniority of the prospective Head of the departments belonging to the SC/ST/OBC’s is being wrongly fixed that ultimately leads to unnecessary litigation. It is requested that instructions should be imparted to Government pleaders conducting cases pertaining to SC/ST/OBC’s, especially in service matters, to get such cases adjudicated expeditiously. In judiciary: Reservation to SC/ST/OBC’s for elevation to the High Court. Educational institutions & scholarships: Provide admission to SC/ST/OBC students in all educational institutions without charging any admission fees and abolish marks criteria and income slab for entitlement of scholarships. SC/ST/OBC Advisory boards: must be empowered and enough autonomy given to them so that the purpose for which they are constituted is achieved. Caste based atrocities: must be dealt with sternly, SC/ST/OBC’s are not even allowed to touch water resources belonging to higher caste people. Prevention of atrocities Act must be implemented and matters falling within the domain of this Act should be investigated by officers belonging to these classes. Stopping discriminatory attitude towards SC/ST/OBC employees in enquiries and transfers. Stop dilution: of ST status and misclassification of OBC status. Provide full reservation quota: to SC/ST/OBC’s @ 8/10/27 Percent respectively to the candidates in admission to all academic and professional UG/PG courses. Provide adequate representation: to the SC/ST/OBC categories in local body elections at Sarpanch, Urban local bodies and Block Development Council levels, secondly, to see to it that any law, rule or instruction, that goes against the rights of the SC/ST/OBC’s of the state, may not be passed to the detriment of these categories. Political reservation: To Scheduled Tribes. Provide Hostel facilities: To SC/ST/OBC students at Tehsil levels so that rate of drop outs in schools/colleges in minimized. Conversion of seasonal centers for nomadic tribes into mobile schools. Ban on manual scavenging: Rehabilitation of manual scavengers belonging to Watal and Choupan Communities and confer OBC Status to these communities. Provide Permanent resident rights: In addition to refugees permanent residentship rights should be provided to Valmiki community/Safai Karamcharis who were brought to the state from Punjab in the hour of crisis in 1957 by the then Prime Minister Late Jenab Bakshi Ghulam Mohd. Also, promotion avenues for safai karamcharis be opened in a fair and impartial manner. Sacking Of Vice Chancellor, SMVDU, Katra: In his statement a few days ago, vice chancellor SMVDU said that reservation promotes inefficient people proving that such a man who does not believe in the constitutional schemes and it is imperative that he must be sacked forthwith as his tendencies are bound to promote discrimination among candidates belonging to SC/ST/OBC candidates. Establishment of Dr. Ambedkar Chair in Jammu University: Government must take steps to establish Dr. Ambedkar Chair in the University of Jammu. In the light of the above stated demands, which also serve the purpose of apprising your Hon’ble self regarding the deplorable condition of SC/ST/OBC’s and snatching away of their rights guaranteed by the constitution itself, it is therefore strongly demanded that the abovesaid issues be sorted out at the earliest. In case the government does not pay heed to our demands, we will be constrained to adhere to the slogans of Babasaheb Dr. B. R. Ambedkar to ‘Educate’ and ’Organize’ the people to ’Agitate’ for our constitutional rights, as has always been done in the past. Various social, Political, religious and community leaders have assembled on this day to ask for what we are entitled to by way of instant memorandum. We thus present this memorandum for your kind consideration at the earliest. With regards Yours faithfully R.K. Kalsotra
Posted on: Sat, 19 Jul 2014 11:56:16 +0000
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