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Massive protest by YFE at Cannought Place

Today’s protest at the Connaught Circus and at Janpath is to remind the Government that murdering Supreme Court’s judgment is not intolerable. More than 500 students from UCMS, MAMC, Lady Hardings, AIIMS, IP University, DU and JNU burned the effigy of Arjun Singh. The students were rushing towards 10 Janpath to convince the incumbents of this house about the philosophy of late Shri Rajiv Gandhi. The act of the Government to fool the people, judiciary and democracy is unacceptable to Youth For Equality. Instead of acting as per the Supreme Court Judgment of 10th April 08 on OBC reservations, the Government is now decided to change the definition of creamy layer. It is an immoral, impractical and arrogant step on the part of the HRD Ministry. Reservation in the Post-Graduate Institutions is against the Supreme Court Order. As per the HRD Ministry direction the situation has come to such a position that all the powerful, educationally advanced and rich OBCs of the country are going to snatch seats in elite institution with wrongly and fraudulently being claimed as backward and hence they will snatch and berate the soul of India.

We have to oppose it. Our demand includes not implement Supreme Court Judgment.

 

1)       The Constitution Bench of the Hon’ble Supreme Court in its Judgment dated 10.4.2008 has held that graduation should be the yardstick for majoring educational backwardness.  The question as to the yardstick to measure educational backwardness was squarely raised before the Constitution Bench.  While three Hon’ble Judges (Pasayat, J., Thakker, J., and Bhandari, J.) have expressly ruled that a person ceases to be educationally backward upon attaining graduation, Hon’ble the Chief Justice of India and Raveendran J., have not expressed any opinion on the yardstick and Hon'ble the Chief Justice on India has simply rejected the argument that the yardstick should be matriculation or 10+2.  The resultant position is that the Bench, through a majority, has held that backwardness ceases upon the attainment of graduation.  This means that there can be no reservation in Post Graduate Courses, as a person seeking admission to such Post Graduate Courses would not be backward.

 

2)       The Hon'ble Judges comprising the Bench have been unanimous in saying one thing: the definition of “Other Backward Classes" in Sec. 2(g) of the Act should be read as “Socially and Educationally Backward Classes". Educational backwardness vanishes on a person attaining education upto the level of graduation. Therefore, it is clear that the provision for reservation of seats in the Act will not apply to post graduate courses. While Bhandari, J., has expressly held that there can be no reservation of seats in post graduate courses, the effect of the majority opinion on the question of yardstick to measure educational backwardness leads to the same conclusion. It is therefore the Judgment of the court that there cannot be any reservation in post graduate courses.

 

3)      The Office Memorandum dated 20.4.2008; in paras II and III contain sweeping instructions, without excluding Post Graduate Courses.  In the light of the mandate to exclude creamy layer, the Respondents ought to restrict reservation under the Act only to courses upto the level of graduation.  Persons applying for admission to Post Graduate Courses have necessarily to possess the qualification of a graduate degree and are therefore outside the purview of OBC which is to be read as SEBC as per the judgment of the Supreme Court.  The Office Memorandum is clearly illegal and unconstitutional.

 

4)        The Court has asked the Government first to define the criteria to identify Socially and Educationally Backward Classes (SEBC) and subsequently prepare a list of SEBC. In a clear violation of the Supreme Court Order, the Government has adopted the decades old list prepared by the National Commission for Backward Classes. Some of the entries are more than half a century old. Similarly, the Court has ordered that there would not be any reservation in post graduate courses. The Government has not paid any attention to Court order

 

See the video

http://www.youtube.com/watch?v=e075bDZNyqk

 

 
                See the photographs
                www.photoblog.com/gautampandey

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