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February 20, 2009

 

IITs IIMs and Reservations

 

IITs and IIMs are not above board, in their working teaching selection and appointments.  Their caste biases in appointments show up, the hatred and prejudices of the brahmanic authorities in promotions are also seen very often.  Otherwise, they can not justify the abysmal negligible presence of STs&SCs, Minorities and MBCs appointed to various Faculty Positions, and taking PhDs.

 

IITs and IIMs, we should bear in our minds, can never claim to be above Constitution.  Hence they have to abide by the Constitution, and Constitutional Provisions Guaranteeing the SCs&STs their due Shares in Govts, Governance, Participation in Administration and Decision Making, Nation’s Wealth, Benefits of Nation’s Growth, and Opportunities of National Development and Growth including Education.

 

IITs and IIMs, everyone must remember, have been established funded and managed with cash flow from the National Exchequer; and function with Tax Payers Money, including that Paid by all the poor SCs&STs, when they buy the paltry Salt and Soap.  The Directors of IITs and IIMs can not eat, and live comfortably today on the money provided by the SCs&STs, and still refuse to admit teach help pass and employ anyone from the hundreds of millions of SCs&STs.  All Institutions established managed and administered out of Public Funds, can not refuse ever admissions and entry to anyone, and must be assessable not on paper but in real terms to everyone including SCs&STs.  The proof of the pudding is in eating it.  And so the Equal Opportunities for the SCs&STs in Free India must be seen in real life, and in the Number of SCs&STs actually present in the IITs and IIMs, at anytime in different areas of studies and working, and actually must be benefiting from the IITs and IIMs.

 

That the State can not deny entry of anyone into Govt Institutions, has been well settled long long ago, when the brahmins, brahmin teachers, brahmin parents and many of the brahmin students tried to block the admission of a SC Boy into a School in the then Bombay Presidency.  All their threats of resignations, withdrawal from and boycott of Schools, did not prove to be successful before the then British Authorities and Govts in the Country and in London.  Hence, what had been squarely settled by the British in London, and the British Indian Govt in this Country, so far back as during the middle of the nineteenth century, can’t be sought to be reversed now by a handful of Directors of the IITs and IIMs, their Boards of Directors, Members of Governing Bodies or Governing Councils today, in the 21st Century modern World.

 

IITs and IIMs, can never claim the right to provide Technical and Scientific Education, Superior in Quality as they claim, to only the children, wards of dominant caste hindus, that too with public Govt Funds, while pushing all poor helpless marginalised STs&SCs Minorities and MBCs, to other State and Union Territory or University Run, or poorly managed private Engineering Colleges and Management Institutions that lack, even basic infrastructures and facilities.

 

In any case these IITs and IIMs are in no way very special, as they could neither produce so far any Noble Prize winning Teachers Scholars or PhDs, nor any International Award winning Researchers.  Self Promotions and Claims of Superiority, only because of their Huge Campuses taken from many poor farmers, Big Buildings built by poor SCs&STs, MBCs and Minorities, Massive Govt Funds, some new Infrastructures, can not block and should not shutout SCs&STs or anyone else, that too in the third millennium also.

 

India can not Progress as a Nation, leaving behind more than 260 million plus SCs&STs, the third largest Population in the World, after China and whole India itself, and keeping them backward as illiterates.  Then the Nation can not ever claim itself to be even Civilised, what to say of being a Democracy or a Republic, or being modern progressive educated developing Nation that is an economic power.  Yes, it is very well-known that Equality and Democracy are still only Goals of the Constitution, and not realities yet.  But that does not mean that some men and women however learned and in big position, or institutions however great and important, can usurp or arrogate to themselves the Authority and Power to Legislate Laws that fly in the face of the Constitution itself, and are basically in Contravention to the Directive Policy to the State.

 

Democracy World-Over is still a Dream and ongoing Struggle.  But, we can not allow our great Democratic Institutions like the Parliament, to be buried alive.  That too the Rajya Sabha, be distorted or hoodwinked and taken for a ride, to get a skewed decision, as had happened on the afternoon of the very last day of Parliament Sitting, on Tuesday the 23rd December 2008.  And that was the last day of the last Parliamentary Session.  That too only in the afternoon, when most members were not present, had already left for their constituencies and home.  And when it is well-known even otherwise, to everyone that most of the MPs, don’t come to Parliament in the afternoons, after taking their lunch.  Taking advantage of the situation, the Govt had sneaked in, a very crucially Important Bill – Bill No LXXIV of 2008 on The Scheduled Castes and Scheduled Tribes ( Reservation in Posts and Services ) Bill 2008.  The Bill, having a great bearing on the SCs&STs, must have been referred by the Govt to the –

 

1.      Ministry of Social Justice and Empowerment, dealing with SCs amongst others,

2.      Ministry of Tribal Affairs in-charge of Tribal Affairs,

3.      Ministry of Human Resources Development that is in-charge of Education, and

4.      the Ministry of Law.

 

It should have also been shown to the National SCs Commission, and the National STs Commission, both charged with the Constitutional Responsibility and mandate of Protecting and taking Care of the Interests Development and Welfare of the SCs and STs respectively.

 

This Bill bearing the name of Prithviraj Chavan, Minister of State in Prime Minister’s Office and Minister of State in Ministry of Personnel, Public Grievances and Pensions, was reportedly piloted by default by Nrayanswamy, Minister of State for Parliamentary Affairs in the Rajya Sabha at 3.03 pm, and was passed too casually in just two minutes.  The house had not gone in detail, through the various Provisions of such an Important Bill of concern to more than 260 million plus SCs&STs, Clause by Clause.  Otherwise, the Bill could not have mustered Strength, and Passed by Rajya Sabha, in present form.  It is also reported that, there were hardly any SC&ST MPs present and voting for the Bill, and in fact there was no Quorum in the House.  Yet the Bill was passed, with anti-SC&ST Provisions of Clause 4, on Page 2 – No Reservations in certain cases.  Particularly the most dangerous are, the Sub-Clause 4. (1) (iii) and Sub-Clause 4. (1) (iv) both of which state – there shall be No Reservation where appointments are made,

 

iii)                                          to posts higher than the lowest grade of Group A Posts and classified as scientific or technical posts; and

iv)                                          to posts higher than the lowest grade of Group A Posts in institutions of national importance and Indian Institutes of Management   

v)                                             specified in the Schedule.

 

The Page 6 indicates, The Schedule of Clause (iv) of the Sub-Section (1) of Section 4.  And it includes many Central Universities, all IITs IIMs and many National Institutions.  In all, there are 47 Universities and Institutions.  And it says that the Central Govt may, by Notification in the Official Gazette, amend the Schedule to include or delete any IIM or Institution.

 

So much for the Education of SCs&STs, and actual Human Resource Development amongst the SCs&STs in the Country, real Social Justice to SCs&STs and their Empowerment.  The SCs&STs are being treated, even now as the Scum of the Earth.  How can this be accepted in the twenty-first century?

 

Even the other Provisions are dangerous, for not providing for Reservations to the SCs&STs in Appointments under –

 

i)                                              the Sub-Clause 4. (1) (i) for a period of less than forty-five days, and then

ii)                                            in the Sub-Clause 4.(1) (ii) work charged posts required for any emergency relief-work.

 

The Govt saying it so specifically in the Bill is against SCs&STs, is against the Letter and Spirit of the Constitution.

 

The two Provisions have always been misused by many clerks assistants supervisors and officials in the Field-Offices, HQ Offices, Departments and Ministries, to deny Appointments to SCs&STs and bring in their own caste and community people through these backdoors, extend their services in piecemeal and then regularise them without any representation of SCs&STs.  Even otherwise, denied of Appointments at such lowly positions, how can the SCs&STs acquire skills and gain experience for better employment elsewhere?

 

Yes, if SCs&STs are not allowed to get even any casual Employment, how will they get experiences required for Regular Jobs?  And wherefrom will SCs&STs come, when the Services of the Short-Term Casual and Temporary Employees are extended from time to time for short intervals, and ultimately Regularised and Absorbed by the Govt Offices, as had happened in the Railways P&T Defence etc at times?  Yet none, including the SCs&STs appear to be interested in them, and their Appointments.  Is this because these employments are at the lowly casual/ temporary labourers level, that No One including the SC&ST Students Scholars expecting to get into higher Class I Services, and all other Employed Individuals are not interested in the poor People at the bottom about them?

 

So much for the Human Rights, the Human Resource Development of the SCs&STs, Social Justice to SCs&STs, and their Employment as well as Empowerment in Country.  That too at the beginning of the Third Millennium.

 

In view of all the above, it is absolutely necessary to delete lock stock and barrel, Section 4 of the Bill in Toto.  In place, The Bill should Provide as Section 4,

 

Reservations

 

Reservations for SCs&STs must be provided in all Appointments, made either by Direct Recruitment or any form of Selections and Promotions, where Discretions are exercised by the Officials and other Authorities, and could become Subjective with the influence of Deliberate or Unconscious Biases, and also the traditional Prejudices can creep-in.

 

The following Line No 13, in Section 6, also included in The Bill, as a Provision below the Sub-Section (2) must be deleted –

 

Provided that no such appointment shall be made for promotion by non-selection.

 

Similarly, the following Line in The Bill in Section 9, included as a Provision below Sub-Section (1) must be deleted –

 

Provided that no such appointment shall be made where the candidate is found unfit to hold the post.

 

This Provision has to be deleted, as it will more than often be misused always and everywhere deliberately, to deny Appointments and Reject most SC&ST Candidates, even otherwise Qualified and much better than the General non-SC&ST Candidates.

 

The Section 9, Sub-Section (2) Line 29 must be amended by Adding the Words, ‘whether reserved or not for the SCs&STs’ after existing words ‘to a post’ so that, the Line reads as –

 

The experience required for appointment by direct recruitment to a post, whether reserved or not for the SCs&STs, may be

 

In the Section 14, after the Sub-Section (2) Line 26, a Line or a Sub-Section (3) must be added so that it reads as –

 

The appointing authority or any other officer authorised by him or her, shall make available such documents and records for inspection, furnish such information, and render such assistance, as may be necessary, to the Representatives of SCs&STs Employees to see and satisfy themselves that the Recruitments, Promotions, Appointments and Postings have been made fairly, without any biases prejudices and distortions or manipulations or suppression of facts.

 

In the Section 21, after Clause (e) of Sub-Section (2) a Clause (f) must be added, stating that –

 

any notification in the Official Gazette by the Central Govt, amending adding or making changes to include or delete the Provisions of this Act, shall be binding on all Govt Ministries Departments Offices etc, overriding any provisions to the Contrary to any of the Rules Instructions Guidelines in any of the Manuals, Recruitment Rules, and Service Rules that may be in existence, or be brought forward in future.

 

To overcome and prevent the Passing of such Bills, with dangerous provisions silently included therein, it is suggested that –

 

1.      No Bill be Passed by any of the Houses, when there is No Quorum,

2.      No Bill be Passed by any of the Houses on Fridays, and on the Last Working Day of any Session of the Parliament,

3.      No Bill be Passed by any of the Houses, on the same day when it was taken up for final discussion and voting,

 

As regards the Bills concerning SCs&STs, they should be Passed by any of the Houses of Parliament –

 

  1. only a week after taking that up for voting,
  2. only with the express Consent of the Ministry of Social Justice and Empowerment that deals with the Issues of SCs, and the Ministry of Tribal 

      Affairs in-charge of Tribal Affairs,

  1. only after obtaining the Opinion of the Ministry of Human Resources Development, wherever felt necessary by anyone,
  2. only after inviting the Opinion and Views of the SCs&STs, the SC&ST Employees, their Associations etc, with clear Advertisements Calling for them; and taking into account their Comments Opinions Views Suggestions and satisfying their Objections,
  3. only with the Specific Approvals, and Spoken Orders giving the Opinions and the Views of National Commission for SCs, and National Commission for STs.

 

If now for any Reason, Govt does not want to make such of these Changes in The Bill, we SCs&STs must be allowed to have Separate and Exclusive IITs IIMs etc.  They should be established all over the Country at par with the existing IITs IIMs etc, and be named as Ambedkar Institutes of Technology, Ambedkar Institutes of Medical Sciences, Ambedkar Institutes of Management etc.  For, the Public Funds being made use of all these existing NITs IITs IIMs etc, is too enormous to be forgotten and let go by us ever.  The Education of Hundreds of Millions of SCs&STs, Minorities, MBCs & OBCs is too serious a matter to be left only in the hands of the Educationists and the Administrators.  The Budget Provisions for the Plan and Non-Plan Expenditure in Crores of Rupees for these NITs IITs IIMs etc, as could be seen from Govt Accounts and Parliament Records are as below –

 

All the Figures here, are in Crores of Rupees

 

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                            2007-08 Budget             2007-08 Revised      2008-09 Budget

Sl No  Institution   Plan     Non Plan         Plan     Non Plan      Plan        Non Plan

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1.    IITs              230.6      88.4                 97.77   118.58          283.38    127.05

2.    NITs             160.48    46.62               55.18     63.65          195.53      66.97

3.    IIMs                20.6       8.2                 11.01     10.21            21.29        6.53

4.    IISC B’lore    39.2      17.43                 9.68     20.81            31.46      22.02

5.    National       125.6                                                               121.48

       Mission in Education – ICT

      

The Budget Provisions for the Year 2007-08 and the Revised Provisions based on the Actuals and Trends, clearly show how inefficient these IITs, NITs, IIMs, IISC Bangalore are in even executing, their own existing Planned Functions.  They could hardly make use of their own Plan Budgets, though they have been merrily allowed to burst by large margins their Non-Plan Budget Provisions, which actually is a very dangerous trend and is against all basic Financial Disciplines.  All the Directors must be severely hauled up on both the Counts and disciplined severely.  Since they have been repeatedly failing every year to a large extent and by a big margin, and all the Balance Funds must be Provided for Parallel Education of poor SCs&STs through the appropriate Ambedkar Institutions of Equal Standards, if not better than these NITs IITs IIMs etc.  Only when SCs&STs with Skilled Hands and big Work Experiences, rooted in the Grass Roots right from the Rural Village Levels in Most Backward and difficult inaccessible areas, can there be any realistic inputs and challenging tasks before the NITs IITs IISc IIMs etc.  Otherwise, the Teachers and Scholars will only be Parroting and Vomiting or Copying Academic Developments and Research in the Western Universities.

 

 

 

By: N. Manohara Prasad

 

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