| News Details |
| SC/STs feels betrayed during BJP & President Rule: Now Bureaucrats targets Reservation in Educational Institution | |
Jammu,July 23 (Scoop News)-SCST communities of J&K in a largely attended press conference expressed their great anguish over step motherly and anti SCST behavior of BJP dispensation. The leaders in a unanimous voice targeted SCST politicians who are being used by BJP to show green pastures and befooling promises to SCSTs. They said that all the constitutional rights of SCST are being targeted very cleverly by the political dispensation even during President’s Rule in J&K. In this regard it is said that, the Presidential promulgation of “The Constitution (Application to Jammu & Kashmir) Amendment Order, 2019” paving way for the extension of Article 16:(4) A of constitution of India to J&K; and restoring reservation in promotion for the employees of SC/ST categories in J&K, has been throwing in dust bin by the state bureaucracy. Is it so that His Excellency the President of India is Dalit?
Prof. G.L.Thapa further elaborating on the woes of SCSTs said that now the state bureaucracy has targeted Reservation of SCSTs in Professional institutions. BOPEE Chairman who was known for his anti reserved categories attitude during his tenure as bureaucrat in the state has written a letter to GAD to modify/recaste Rule 17 of Jammu & Kashmir Reservation Act 2004 and debar SCSTs for admissions in professional courses in open merit. In this regard there are clear directions from Supreme Court of India in WRIT PETITION (CIVIL) No. 677 OF 2013 Samta Aandolan Samiti & Anr Vs. Union of India & Ors, and it is settled position of law that SCSTs who are selected in open merit has to be considered against open merit seats over and above SCST quota. In 2018, itself both single & division bench of the high court of J&K had upheld modified Rule 17 of Jammu & Kashmir Reservation Act 2004 that speaks, “A reserved category candidate, if selected against the open merit seat, may be considered for allotment of discipline/stream/college allocable to him in his respective category on the basis of his merit and preference. The left over discipline/stream/college in the open merit category shall be allotted to reserved category candidates who get selected consequent upon the reserved category candidate getting selected in open merit category”. But M.A. Bukhari (Chairman BOPEE) has his own interpretation in view of his anti SCST mind set and out of hate for SC/STs he has Vide L.No: BOPEE/Exam/NEET-UG-29/2019, addressed to Secretary/GAD he has recommended, “The following proposition can be considered after due examination and its legal and other consequences by recasting proviso 1 explanation to Rule 17 (SRO-165): Provided that in respect of UG (medical) courses, the category candidates falling in OM if allotted a seat/college/discipline/stream of his/her choice from the reserved category he/she shall be treated as a category candidate for all practical purposes and all left over resultant seats due to application of Rule 17 will be allotted to the OM candidates by order of merit cum preference”. It appears that BOPEE Chairman is not only anti SCST but he has no respect for the Supreme Court observations on the subject. This man is known for his dubious activities in the matter related to reserved categories and also financial matter even in his last posting of the carrier in Agriculture deptt.
Sh. Asad Nomani, further made allegations that the employees of SCSTs are not only harassed in the matters of reservation in promotions but in their postings as well. Almost all the post in hilly, remote and tuff areas are manned by employees of SCSTs and the so called upper caste enjoys lucrative posts in cities only. The Governor’s administration must operationalise the transfer policy already framed and distribute tuff postings equally amongst reserved-general categories. Furthermore, anti caste attitude of bureaucrats is being reflected in transfer orders when they are suffixing category against the name of SCST employees in transfer orders. Latest was during BACK TO VILLAGE Programs wherein SC/ST was written against the names of officers/officials deputed for the program.
Sham Lal Bassan, while talking to media person said that few bureaucrats in J&K are untamed even in President’s Rule and has not only defied Apex Court and J&K High Court’s favourable orders for restoration of reservation in promotions but they are not giving any heed to President’s Order. Various officials of H&ME Deptt, Engineering Wings, Agriculture etc are even harassing employees who are to be promoted on their seniority positions. They are in fact acting as dictators.
Mohinder Bhagat criticized the attitude of elected governments as well whose response in the matters pertaining to SCSTs had always remained luke warm and the rules related to welfare of SCSTs not implemented by them in letter & spirit. The governments never bothered to extend Article 16 (4) A to J&K since 1995 as it was for the welfare of SC/ST communities of J&K. Rather under state bureaucracy tactics leaders kept mum and allowed bureaucrats to sabotage real intent of reservation for SC/ST in J&K. No government ever bothered to call for meeting of “Enforcement Board for monitoring & implementation of reservation in J&K” since 2004. He said the Presidential Order of 2019 extended reservation in promotions for SC/STs and reservation in education and employment for EWS in the same order but the governor’s administration has immediately implemented EWS reservation and allowed bureaucrats to sit on implementation of reservation in promotions for SC/STs. He demanded separate Advisor to listen to problems of SCSTOBCs.
Avinash Kajotra (JKRCEA Youth President): said that the state & central governments are hell bent upon killing rights of reserved categories and it astonishes that under President’s Rule in J&K, Presidents Order is not being implemented. This is the mockery of constitution and democracy. He warned that youth of SCSTOBCs to safeguard their future as well as constitutional rights can go up to any extent.
In the end it was requested to the Governor of the state to give clear directions to Chief Secretary, Law Secretary and Social Welfare Secretary in the matter reservation in promotions as well as direct BOPEE Chairman to stop experimenting with R
ule 17 of J&K Reservation Rules. If the nefarious designs of these anti SCST bureaucrats are not carved, it can lead to un necessary agitations hence Governor’s administration must take all necessary steps to stop unrest amongst SCSTs in converting to agitation on roads.
Among others were present Bodh Raj Bhagat, Sunita Bangotra, Nighat Shafeeq, M.L. Banalia, Sh. Girdhari Lal Rahi, Er. Pawan Bhagat, Er. R.C.Bhasin, T.C. Bavoria, Manoj Kumar, Sohan Badgal, M.R.Bangotra and many others.
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