Is SC's verdict on reservation good for our development ?

[Punnaimaran]

Can any body provide some links related to the matter being discussed? Would like to know more.

http://www.pucl.org/from-archives/Da...l/mandal-2.htm

[P_R]

Thanks again Punnaimaran on the info.

But whether the rich business class belonging to OBC is considered 'creamy' or not is still to be clarified.

Yes. I saw the news item on NDTV that said there were ceilings on property holdings and annual income for the definition of creamy layer. If I remember right the annual income ceiling is 2.5 lakh ! There is a news item exclusively focusing on this at 9 tonight.

If they manage to enforce this, it will be truly remarkable

[app_engine]

>>If they manage to enforce this<<

One thing is for sure, they'll be able to enforce this on "salaried - employed" group of people (based on tax returns or otherwise easily).

It'll be difficult to enforce on other group of people whose occupation is agriculture or some businesses. ( I remember not being able to get "National Merit Scholarship" due to my father's monthly income exceeding the cap of Rs 500 (yes 500 in 1981 was considered very high!), while every classmate from non-salaried background could avail it despite being rich). Interestingly, some children of such parents who were salaried got "adopted" by their "poor" relatives to avail the scholarships)

[wrap07]

K Venugopal, one of India's highly respected lawyers told rediff.com on Thursday, "According to today's judgment, the Indian Institute of Management and All India Institute of Medical Sciences will not have any reservation for Other Backward Classes."

Venugopal appeared in this landmark hearing in the Supreme Court on behalf of the Junior Doctors Association of AIIMS, New Delhi.

Explaining the reason behind it, he said, "Justices Arijit Pasayat, C K Thakker and Dalveer Bhandari has clearly said in their judgment that you ceased to be OBC when you are educated and attain graduation. Test of the OBC is social and educational backwardness. It says "and", that means if you are not educationally backward you are not OBC. The court has accepted the argument that if you are able to graduate you are not entitled to reservation."

"Not only IIMs, but even AIIMS and such other centres of higher learning will not have any OBC reservation," Venugopal added.

While putting the entire judgment in perspective Venugopal said, "This balanced judgment has scaled down the huge volume of OBC to the core level of OBC. This judgment has upheld the economic criteria of 1993 depriving large number of members of OBC from benefiting from reservation. It is a serious setback to the government who wanted to fill up prestigious institutes with OBC quotas. Today's judgment has kept graduation as the 'cut-off' point that will reduce the numbers of beneficiaries of OBC reservation."

"The 1993 criteria to decide 'creamy layer' amongst OBC section says that people with landed property, all government employees above Class II, all OBC families with monthly income of Rs 20,000 (gross annual income of Rs.2.5 lakh and above ) etc. are barred from availing any reservation from now onwards," Venugopal said.

[wrap07]

From the above news, it looks like a balanced judgement with the intention of reservation reaching the deserving people.

[pavalamani pragasam]

>>If they manage to enforce this<<

One thing is for sure, they'll be able to enforce this on "salaried - employed" group of people (based on tax returns or otherwise easily).

It'll be difficult to enforce on other group of people whose occupation is agriculture or some businesses. ( I remember not being able to get "National Merit Scholarship" due to my father's monthly income exceeding the cap of Rs 500 (yes 500 in 1981 was considered very high!), while every classmate from non-salaried background could avail it despite being rich). Interestingly, some children of such parents who were salaried got "adopted" by their "poor" relatives to avail the scholarships)

This reminds my own loss of merit scholarship in PG course because my father's income entered in the application form was above the scholarship eligibility level!
It is a strange paradox in our incometax evaluation which holds the salaried class in its claws while a platform vendor of a busy shopping area, even the hot bajji, vadai vendors in carts may earn far more than the office-goers & have no need to submit any account to anybody!

[P_R]

It says "and", that means if you are not educationally backward you are not OBC. The court has accepted the argument that if you are able to graduate you are not entitled to reservation."

A perfect example of intentionally skipping the spirit of the law and sticking to the letter of the law.

[Roshan]

I have many doubts and questions but inga kEkkuRathukku bayamA irukku

[app_engine]

>>even the hot bajji, vadai vendors in carts <<

பாவம் அவங்கள விடுங்க. They have a lot of uncertainties in their revenues and also life-events. Unfortunately, those who call themselves "professionals" and "businessmen" cheat on a large scale basis in declarations (often non-declarations).

[pavalamani pragasam]

The doctors never give a bill for treatment or hospitalisation unless requested for reimbursement purposes! How black money is generated! No awareness among the buyers who are indifferent if the seller refuses to give receipt. Many such anomalies are the causes necessitating our ludicrous laws which are full of loopholes.