Vol. 1, Issue 9, Part O (2015)
Reservation Policy: A Socio- Legal Perspective
The legislative intent to provide benefits of reservation in public services to the poors and socially and economically backwards is much obvious. The law required to uplift the life and living of extremely backward and deprived people and not to those who are born in the families of backwards and Dalits and are already uplifted in view of socio-economic Status. A powerful lobby of OBCs and SCs in bureaucracy and political parties are constantly influencing the policy matter to enhance the limit of creamy-layer so that their kin may avail the benefit of reservation. The economic criterion for exclusion of “Creamy-layer”, therefore, must be reasonable and fair because children of economically backward, who study in schools run be municipalities or local bodies or state governments in rural areas, cannot compete with the children of rich OBCs. The average income of Goa is the highest having 85,000/- then comes Haryana Rs. 48,000/-. Maharashtra Rs. 47,000/-Gujarat Rs. 44,000/- and Bihar Rs. 10,500/- Only respectively. The Bihar, therefore, is the poorest amongst poor states of India having an average per capita income up to Rs. 10,750/- only. In Bihar, about 1.25 Crore people live below line of poverty and 27% population is deprived of basic health and sanitation Facilities. So, the benefit of reservation must be made available only to the 27% population of Bihar who are living below the poverty line (BPL).As an average people in Bihar earn Rs. 33,000/-per annum only. The enhancing the “creamy-layer” limit from Rs. One lakh to Rs. 4.5 lakh (Rs. 37500/- per month) therefore is highly unreasonable and arbitrary in law as it amount to robbing the poor and giving the benefits to the rich particularly in Bihar. Reservation on the basis of religion and castes is opposed to the Constitution and also in vio1ation of the fundamental rights guaranteed to the citizens. All the posts are not amenable to reservation. There should be no reservation on the post of University teachers as the teaching profession holds a key position in social life and it is the quality of education received that determined and shapes the future. There should be no exclusive quota kept in the teaching occupation for any section at all. There should be no reservation on the posts of Principal as it holds the key position in the institutions for maintenance of academic discipline. The reservation is permissible to a limit of 50 per cent of available vacancies only. And hence then can be no reservation on a ‘single post cadre’ as it would amount to 100 per cent reservation. The post of principal is a single post in every educational institution and, therefore, there cannot be any reservation on the post of Principal at all. If one continues to provide reservation benefits to creamy layers’, then it would amount to ‘treating equals unequally. Thus, the posts of integrity and excellence, where social responsibilities are greater and where merit alone counts, should be excluded from the purview of reservation. The ‘single post cadre’ is also not amenable to reservation.
How to cite this article:
Tanya Singh, Pramod Kumar Singh, Sanju Singh. Reservation Policy: A Socio- Legal Perspective. Int J Appl Res 2015;1(9):968-971.