1. Backward Class (BC) or Other Backward Class(OBC) means a set of Communities that are considered socially and educationally disadvantages. But these Communities do not fall under “Scheduled Castes(SC) or Scheduled Tribe(ST)” categories. In Tamil Nadu, there are 183 OBC Communities in Government of India list. In Tamil Nadu State the Socially and Educationally Disadvantaged Communities (SEBCs) are divided in to Two Groups, i.e., Backward Class (BC) and Most Backward Class(MBC). According to Tamil Nadu State Government list, there are 256 Communities in BC and MBC List. (BC – 143, MBC – 113)

Note : May Please see the list by clicking the below mentioned link:

BC List: https://obcrights.org/list-of-bc/

MBC List: https://obcrights.org/mbc-list/

OBC List: https://obcrights.org/list-of-obc/

1. Children and Youth who are coming from affluent or Forward Communities genetically and environmentally get knowledge, exposure, access for better / best system of education etc., At the same time children or youth from socially depressed – backward due to historical wrong doings do not have such opportunities of knowledge, access to quality education, nor have opportunity for exposure. Such Children / Youth cannot compete with the children/youth belonging to advanced communities even if they study/work hard. They neither have facilitation nor guidance. The concept of reservation is only to give a facilitation who are socially neglected depressed and suffered due to historical wrong doings for decades.

A Short – look back:

In 1853, in Madras Province, in Government administration there were about 49 persons / families belonging to the advanced communities – whose population then was only 3.5%. There were lot of complaints and there were vide spread dissatisfaction among public. The British Administration came to know about, analyzed the reasons for such vide spread dissatisfaction / contempt and found that the dominance of the aforesaid single community was the sole reason for it. Hence on 09.03.1854 they directed all District Collectors as followed. “The District Collector should be careful to see that subordinate appointments in their districts were not monopolized by the few influential families. It is laid down that endeavors should always be made to divide the appointments in each district among the principle castes”.

(Madras Revenue Board Standing Order [BSO NO: 128(2)] of 1854 Dt. 09.03.1954).

The then Revenue Board of Madras Province received reports from all District Collectors in respect of numbering of Government servants since 1892 to 1904. In that period out of 16 ICS – Officers, 15 Officers, out of 128 Permanent District Munsiffs – 98 Munsiffs and out of 21 Asst Engineers 15 Engineers were from Forward or Advanced Communities. Protecting against such single community domination in Government services Tvl: T.M.Nair, Thyagaya Chetti & others established “South India Peoples Association” which was later converted as “Justice Party”. Justice party won 98 seats in 30.11.1920 Assembly and formed the Government and Mr.Subbarayalu Reddiar became the first Chief Minister.

• After a long debate, the Justice Party Government on 16.09.1921 – issued First Communal G.O (G.O No: 613/1921) and initiated action to reduce the dominance of single community (i.e. Brahmins). Then to eliminate the defects in first Communal G.O and implement the proportionate representation the Second Communal GO (G.O No: 658) was issued on 15.08.1922. Every department in Government was directed to give a report on the number of Government Servants Community War. Then to regularize the appointment for Government departments, Public Service Commission was established in 1924.
• Proportionate Reservation, Dt. 26.10.1927. G.O MS No. 1071.The GO on proportionate reservation was issued by the then Government of Madras headed by Chief Minister Dr.P.Subbuarayan. This G.O gave reservation to all sections (including Brahmins). Later when Omandur Ramasamy Reddiar succeeded Dr.Subbarayan, he amended the aforesaid Government Order this G.O M.S No: 3437. This Order was in vogue till 1947.

• Reservation o SCs, STs and OBCs – an overall view:

Scheduled Castes gained 8.5% reservation in Central Services and other facilities since 1942.

In 1954, the Ministry of Education suggested 20% places to be reserved for SCs and STs in Educational Institutions with a provision to relax minimum qualifying marks by 5% wherever required.

Since 1982 –   Reservation for SCs – 15%

                        Reservation for STs – 7.5%

Since 1992 –    Reservation for OBCs – 27%

                        Reservation for EWS – 10%

In the Judgment on 27% reservation for OBCs – i.e. in Indra Sawhney Case, the Supreme Court said that the OBCs having an income of Rs.1 Lakh and more per year are termed as “Creamy Layer” and they were not eligible for reservation under OBC – category. Now the cap/ceiling amount has been increased to Rs.8 Lakhs per year. This Ceiling / Restriction is applicable only to OBCs. A Tahsildars is the competent authority o give OBC Certificate and it’s validity is only for one year. There is not such duration restriction to the SC, ST, BC or MBC – Community Certificates.         Creamy Layer restriction is only applicable to OBCs.

Due to the insistence by Dr.B.R.Ambedkar and the recommendations of the Former Prime Minister Jawaharlal Nehru, the President of India under Article 340(1) of the Constitution of India formed the First National Backward Class Commission under “Acharya Kaka Kalekar” on 20.01.1953. This Commission identified 2399 communities around India as Backward Communities. It gave it’s report on 30.03.1955 and the report was placed before Rajya Sabha and Lok Sabha but rejected the report on 14.08.1961.

Strangely Kaka Kalekar in his 30 page letter to His Excellency the President of India stated that he did not accept Caste as a parameter for backwardness. Indeed, his Commission report was not a full pledged / complete report. Another agonizing fact was the report (First Backward Class Report) was not at all considered and debated either in Lok Sabha or in Rajya Sabha.

The Second Backward Class Commission was formed in 1978 (20.12.1978) during the period of Fmr. Prime Minister Morarji Desai on the request of Members of Parliament from Lok Sabha and Alliance Party Members of Parliament (Since 1967 – the year of rejection of Kaka Kalelkar;s first National Backward Class Commission Report to 1978, for 17 years no one bothered about OBCs). Mr.B.P.Mandal Ex.M.P was the Chairman of the Second Backward Class Commission. This Commission started it’s function on 21.03.1979 and concluded it’s survey on 12.12.1980 and gave its report on 31.12.1980. It identified 3743 Castes in India and their population as 52%, It recommended 27% reservation to 27% reservation to Other Backward Classes/Communities. Important recommendations of Second National Commission for Backward Classes were as follows:

1. OBC Candidates selected in general Quota/Merit Quota should not be taken for count to OBC Reserved Quota,
2. 27% OBC Quota applies to all posts in promotions too,
3. For OBCs Backlog vacancies should be kept vacant for at least 3 years and then only it should be brought to general quota (unreserved quota),
4. For OBCs age relaxations should be given on per with SCs and STs,
5. The rotational method followed for each and every post to SCs and STs must be followed to OBCs also.

Viswanath Pratab Singh (V.P.Singh) became the Prime Minister of India on 02.12.1989. The Union Government placed the aforesaid Second Backward Class Commission report in Lok Sabha and Rajya Sabha and announced 27% reservation for OBCs in Education, Government Jobs and Public sector undertakings. There were widespread protest for this in North India. There were riots, violence, police lathi charge, firings etc., and several people lost their lives. Cases were filed in the Supreme Court of India. A Constitution Bench Comprising of 9 Judges Bench in WP No(Civil) No.930/1990 (1992 – Suppl – 3Scc – 217) dealt the case, this case us called Indra Sawhney and others vs Union of India others or Mandal Case. The Judgement in this case was delivered on 16.11.1992, The following were the salient features:

• Backward Classes in Article 16(4) were different from the Socially and Educationally
• The Concept of Creamy layer was laid down and it was directed that such a Creamy Layer be excluded while identifying backward classes.

• Article 16(4) does not allow the classification of backward classes in to backward and more backward

• Any new dispute regarding criteria were to be raised in the Supreme Court only.

Reservation in Promotion for SC/STs:

After the pronouncement of the Judgment in Indra Sawhney Case, the Parliament introduced 77^th Amendment to the Constitution by adding clause (4A) to Article 16 in 1995 by virtue of which powers were conferred to the states to reserve seats infavour of SC and ST in promotions in Public Services if those Communities are not adequately represented in Public Employment.