The Omar Abdullah-led government has set up a three-member cabinet sub-committee to look into its reservation policy, a contentious issue for the ruling National Conference (NC).
The March 2005 amendments to the Jammu and Kashmir reservation rules by the administration led by Lt. Governor Manoj Sinha are alleged to have tipped the balance against open-merit, or general category, candidates who form a large section of the population and are demanding. a A change in policy.
According to critics of the move, the amendments were intended to politically benefit the BJP in the assembly elections. Although it did not produce the expected results, it increased the row.
What is the dispute and when did it start?
The controversy erupted in March after the Sinha-led Union Territory administration accorded Scheduled Tribe (ST) status to the Pahari community. According to critics, this was done to secure votes for the BJP in the parliamentary and assembly elections.
On March 15, the UT administration issued Statutory Order (SO) 176 amending the Jammu and Kashmir Reservation Act of 2005. The order said it suppressed the SO 537 issued by the UT administration on October 19, 2022. Pursuant to that order, the government amended the 2005 law to replace “hill-speaking people” with “hill caste”. People”. By suppressing SO 537, the government expanded the scope of the Pahari people to include anyone who could speak the Pahari language.
The Gujjar and Bakarwal communities, which were already given ST status, opposed the granting of ST status to the Pahari community. The administration also announced an increase in the ST quota from 10% to 20% to appease the hillbillies and worry the Gujjars and Bakerwals.
What was the quota structure under the J&K Reservation Act, 2005?
Government Jobs: Rule 4 of the Direct Recruitment to Government Jobs Act has reserved 43 percent seats in direct recruitment to government jobs for various reserved groups and the rest is reserved for general category candidates.
In the reserved category, 10% of the government jobs were 8% for Scheduled Castes (SCs), 2% for weaker and underprivileged groups, and 3% for people living in the Line of Actual Control (LAC). The Act also reserved 20% of government jobs for residents of backward areas and provided 6% horizontal reservation for ex-servicemen and 3% for physically challenged persons.
Admission to Professional Colleges and Institutions: Rule 13 allocates quota for admission to professional colleges and institutions. According to this, 50% of the seats in professional institutions are reserved for various groups: 8% for Scheduled Castes, 6% for Scheduled Tribes, 4% for Ladakh (part of the then state of Jammu and Kashmir), 1% for others. Scheduled Tribe groups, 2% for weak and disadvantaged, 3% for residents of LAC contiguous areas, and 20% for RBA candidates. This rule reserves 3% seats for children of defense personnel, 1% for children of paramilitary and police personnel, and 2% for elite athletes who are residents of J&K.
Admission to Post Graduate Courses: Rule 15 deals with distribution of seats for postgraduate courses, 65% for general category students and 35% for reserved categories: 4% for scheduled castes, 5% for scheduled tribes, 10% for RBAs, 2% for residents. LAC contiguous areas, 1% for weak and disadvantaged sections, 2% for defense children, paramilitary, or police personnel, and 1% for elite athletes. It also reserves 10% seats for general category candidates who have served at least five years in rural areas.
The Mehbooba Mufti-led government, in which the BJP was a part, amended Rule 15 to increase it to 75% for general category students. In addition to reserved seats, reserved group candidates are eligible for general seats if they qualify higher.
What did SO 176 change?
Rules 4 and 13 were amended. The amendment to Rule 4 increased the government job quota for reserved groups to 60% and provided 10% horizontal reservation to ex-servicemen and physically challenged persons. This left only 30% for general category candidates.
The change in Rule 13 has kept 50% reservation for reserved categories but reserved 10% seats for economically weaker sections, persons with disabilities, and children of defense and paramilitary personnel, leaving only 40% for general categories.
The change in rule 15 has reduced the share of the general category to 45 percent.
Where are the political parties?
Congress has been careful not to sideline any group after general category candidates objected. The party had promised to revisit the reservation policy if it comes to power in the assembly elections.
Javed Rana from the ST community is also in the three-member cabinet sub-committee formed by the government. NC leader and Srinagar MP Agha Ruhullah is voicing the concerns of general category candidates.
The Peoples Democratic Party (PDP) is also aware and is pitching for an equal reservation policy based on population. PDP MLA Wahid Para took up the issue of general category students and urged the government to address their concerns. The BJP has adopted a wait-and-see approach in this regard.
With the government far from taking any immediate decision on the issue, several petitions have been filed in the J&K High Court challenging SO 176 and calling for reservation on the basis of population.
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