Now Reservation for General Category
- All India Confederation of SC/ST Organisations -

New Delhi, 2nd June, 2011.

Now Reservation for General Category
1540 OBC, 122 SC, 33 ST candidates denied admission in IIT-JEE

Dr. Udit Raj, National Chairman, All India Confederation of SC/ST Organisations released the facts and figures about the de facto reservation policy adopted by premier institutions like Delhi University, IIT, Jawahar Lal Nehru University and Mass Communication. According to their reservation policy, now the general category will get 51% reservation and the OBC/SC/ST have to be contended with 49% reservation.

Dr. Udit Raj said that the IIT-JEE Result was declared just last week which violated the reservation policy. The total seats of OBC were 2545, out of which 1540 competed in general merit. Even if they qualified with general merit, these 1540 candidates were adjusted in quota. Similarly, 122 SC candidates qualified in general merit , were adjusted in reserve category. It is important to mention that the total seats of SC were 1950. The seats of ST were 645 and out of which, 33 competed in general merit but were counted in reserved category.

Dr. Udit Raj condemned the prejudiced behavior of these institutions. He questioned the rationality and academic standards of professors and administrators of these institutions. The various judgments of Supreme Court like Indira Sahini v/s Govt. of India (1992), Ritesh R. Sah v/s Dr. Y. L. Yamul (1996), R. K. Sabbarwal v/s State of Punjab (1995), Govt. of India v/s Satya Prakash (2006) have clearly laid down that the OBC, SC and ST candidates, if they qualify in general merit, will not be adjusted against the quota.

In other words, if the reserved category candidates are not availing relaxations and concessions then in that case they should be treated as general candidates or will be considered in general merit. Delhi High Court, in case of Dr. Jagbir Singh v/s AIIMS has also laid similar guidelines vide dated 19.8.2010. The Articles 15 and 16 of Indian Constitution clearly say that the socially and educationally backward will have additional benefits in addition to normal opportunities available to everyone. But these institutions are flagrantly violating these fundamental rights.

Dr. Udit Raj said that Delhi University in 2010 has wrongly converted 5400 seats of OBC in to general category. The data collected of 30 colleges of DU show that only 3158 out of total seats 7059 could get admission. The facts and figures of other colleges of Delhi University could not be known but from other sources including media, the total loss of OBC seats works out to be above 5400. The Supreme Court in case of Ashok Kumar Thakur vide dated 10.4.2008 has not laid down the principle of difference of 10% cut of marks for the OBC in admission.

Dalbir Bhandari was one of the five Judges Bench who had advised that difference between cut off of marks of general category and OBC should not be more than 10%. At the same time he also held that each institute should set up its own committee to look into it that the difference of cut of marks for admission is not substantial. These institutions have not set up committees rather have applied blindly the advisory part of judgment and not the real judgment.

This was not the issue before the bench, however, unfortunately, a recommendation by a single judges has been wrongly interpreted and applied. The loss of OBC seats of 311 was in Jawahar Lal Nehru University in 2010 academic session. The JNU also misinterpreted the judgments and that was challenged in Delhi High Court. The court vide dated 7.9.2010 in case of Apurva allowed two OBC students to get admission in JNU.

The Indian Institution of Mass Communication is not behind in the race of prejudices. A RTI application was filed asking on which basis the OBC/SC/ST students who get equal or more than cut of marks of general category ( i.e. 55 in Hindi Journalism) denied to give admission in General Category (i.e. (1) in OBC: Neeraj Singh 68, Jaishankar-65, Sandeep-64, Rajesh-62, Akhil-58, Nand Lal, Ramesh and Jitendra Mahala-56 and other 5 candidates get 55 mark (2) in SC Chandrakanta-71, Dharmendra-67, Himanshu-66, Kamlesh-56 has been denied admission in general category.

The Institute vide dated 26.5.2011 replied that the admissions are done on the basis of merit list prepared for each category separately as per their options given in the application form of entrance examinations. Dalit candidate, Chandrakanta, was unfortunately given admission in reserved category otherwise she should have been one of the toppers. Thus there is reservation for upper castes.

Dr. Udit Raj informed that the Central Educational Institutions (Reservation in Admission) Act 2006 was made to give reservation to the OBC students. Thousands of crores of funds were allocated to create infrastructure and seats so that the OBC candidates could get reservation in reserved category and the interest of general category is not hampered. Instead of OBC students, now the so called upper caste students are availing these facilities and very little is going to the needy.

Will it not hamper the cause of unity and integrity of the country if vast majority of people are denied their fundamental rights? Naturally, it will have bearing and the country had paid heaviest price since ages. The SC/ST/OBC are citizen of this nation only and if they are not brought at par with others, there will be always threat to the peace and harmony. We have started contacting Members of Parliament to take up this issue in coming Parliament session. At the same time, the agitations will be launched from next week onwards against the prejudiced and discriminatory policy of these institutions.

(Kamlesh Kumar),
Media Incharge

Dr. Udit Raj
National President, Indian Justice Party
National Chairman, All India Confederation of SC/ST Organisations
T-22, Atul Grove Road, Connaught Place
New Delhi-110001