RESERVATION – ONLINE EXAM NOTES

Disclaimer : The entire hint notes given under are collected from various sources and we are not responsible for any discrepancies. The notes are only to give you a guidance / light over the topics in the syllabus published already in this website. Relevant details may be please be collected from the referred sources and reference books. The syllabus as well as this brief hint notes are to make the candidates aware of their Constitutional and Statutory Rights. We do not have any other intention or motive in the given contents.

      1. Tamil Nadu Special Reservation of seats in Educational Institutional including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the most Backward Classes and Denotified Communities Act 2021, shortly called Tamilnadu Act of 2021. This Act was debated on the last day 26.02.2021 of 15th TamilNadu Legislative Assembly, approximately an hour before the announcement of State Election for the Sixteenth Assembly of Tamil Nadu. It was strange that the debate in the Assembly was over within hours, and on the same day i.e., 26.02.2021, the Government of Tamil Nadu gave his accent to the aforesaid Bill which came as Tamil Nadu Act 8 of 2021. It was widely alleged that the said Act was brought in that great speed by AIADMK – Government under pressure from P.M.K Leadership by the erstwhile government. That ruling dispensation did it only for the sake of forging alliance with AIADMK – Party. As per the said Act, the 20% quota given to Most Backward Classes was split as followed:
        • For Vanniyakula Kshatriya (including it’s 7 sub-castes) MBC(V) – 10.5%,
        • For the rest of 25 Most Backward Communities 7%,
        • For the 68 Denotified Communities and rest of 22 MBC Communities – 2.5%
        In Tamil Nadu History, it was the first time such an Act (TN Act 8 of 2021) was passed in the Assembly, got the accent of the Governor and notified with in hours before the 16th TN Assembly Election Notification.
      2. As far as BC and MBC – Students are concerned, they are not eligible for scholarships if they study in self – finance colleges or the admission is in management quota. But, reality is that 90% of the BC or MBC students either don’t apply or they are deprived of the scholarships by unethical practices. Our field enquiries confirm the injustice to BC – MBC Students.
An overall view of budget allocation – Scholarships
Government of Tamil Nadu
Fund Allotment for SC/ST & BC/MBC/Minorities
Actual Expenditures (in Crores)
Years SC/ST BC/MBC/Minorities
2020-2021 3725.99 827.98
2021-2022 2463.68 694.38
2022-2023 2859.31 1499.65
Budget:
COURSEWISE SCHOLARSHIP PARTICULARS SANCTIONED BY
TAMILNADU GOVERNMENT FOR
BC/MBC/DN AND SC/ST
  S.No   Course BC/MBC/DN (STUDENTS) SC/ST (STUDENTS)
DAY SCHOLAR HOSTEL DAY SCHOLAR HOSTEL
1 Arts and Science (Under Graduate) Upto Rs.2,000 Rs.4,000 For Comp.Sci Rs.5,500 For Comp.Sci Rs.8,500
Other Courses less than Rs.5,500 Rs.8,500
2 Technical Course (Under First Graduate Category) Rs.4,300 to 4,500 Rs.4,300 to 4,500 + 4,000 UG in Private College Rs.57,000 Per Annum (this includes tuition fees) UG in Private College Rs.62,000 Per Annum (this includes tuition fees)
3 Other Category Students Rs.6,300 to 6,450 Rs.6,300 to 6,450 + 4000 For SC/ST students – no tuition fees in government and government aided colleges. The scholarship amount is directly paid by government to students account.
4 Post Graduate (M.Tech) Rs.13,500 Rs.13,500 + 4,000

Data of Central Government Employees

Data on Sanctioned, filled and Vacant Position Gen, OBC, SC, ST and EWS

Data on the number of Teachers in Central Universities:

Dark Period of OBCs (All India Level)

1950 to 1992 is the Dark Period for OBCs in All India Level. Though Articles 15 and 16 – especially Articles 15(4) and 16(4) paved the way for reservations to OBCs as well as SCs/STs, none of the ruling parties in Central Government bothered about the reservation or any step for the advancement of OBCs during this period. The report of the First National Backward Class Commission KAKA KALELKAR – Commission – 1961 and the Second National Backward Class Commission – 1979 were thrown away / kept in Cold Storage. Reservation which is a Constitutional guarantee since 1950, was considered only after the Former Prime Minister VP Singh assumed charge as PM on 02.12.1989. Government of India confirmed 27% OBC Reservation on 13.08.1990 and issued orders. Thus the period from 1950 to 1990 – is the Dark period to OBCs. Later the aforesaid 27% reservation ordered by Government of India was challenged in the Supreme Court of India and final verdict confirming 27% reservation with some conditions like “Creamy Layer” was pronounced on 10.11.1992.

(Read Indra Sawhney and others Vs Union of India and Others)

[WP NO: Civil No:930/1990 (1992-Suppl – 3SCC – 217)]

Please read the above judgement to understand many important facts like Economy status alone cannot be a parameter for reservation. In gross violation of the observations in this judgement EWS Quota was given. We have discussed it under EWS heading.

 

Mandatory failure of State and Central Government to comply with the provision of Article 340

  1. Appointment of a Commission to investigate the conditions of

backward classes. —(1) The President may by order appoint a Commission

consisting of such persons as he thinks fit to investigate the conditions of

socially and educationally backward classes within the territory of India and the

difficulties under which they labour and to make recommendations as to the

steps that should be taken by the Union or any State to remove such difficulties

and to improve their condition and as to the grants that should be made for the

purpose by the Union or any State and the conditions subject to which such

grants should be made, and the order appointing such Commission shall define

the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred to

them and present to the President a report setting out the facts as found by them

and making such recommendations as they think proper.

The aforesaid Constitutional provision and several Supreme Court Judgments mandate a Survey / Study / investigation in to the Conditions of Backward Classes and make recommendations as to the steps that should be taken by the Union or any state to remove such difficulties and improve the conditions of SEBCs.

But the aforesaid provision has neither been complied by State Government nor by Central Government. Since 1931, no such Survey as Contemplated in Article 340 was taken for OBC – Population. But such survey is taken for SCs/STs and Minorities every 10 years during Census.

Details of Supreme Court Judgments that mandated periodical Collection of data on Social and Educational Backwardness:
  • The aforesaid principle as contemplated in Article 340 of the Constitution of India i.e. collection of data on the backwardness and elaborate investigation has been reiterated in the following Supreme Court Judgements:
    • a. M.R.Balaji and Others Vs State of Mysore Judgement delivered on 28th September 1962.
    • b. K.C.Vasanth Kumar and Another Vs State of Karnataka Judgement delivered on 8th May 1985.
    • c. Indra Sawhney Vs Union of India Judgement delivered on 1992. Supp (3) Sec 217.
  • The Supreme Court in “Ashok Kumar Thakur Vs Union of India and Others”, in its Judgment dated 10.04.2008 mandates that a periodic received after a period of 10 years and the Parliament could examine whether the reservation has worked. But this mandate / direction did not go in the deaf ears of the Government.

Difference between Census and Survey

Census and Survey are done under two different Acts.

Census is taken by the government of India under provisions of Census Act of India 1948. It is taken every 10 years throughout the Country. Last Census was taken in 2011.  The Census which ought to have been taken in 2021 is not yet taken citing reasons like Corona and various reasons etc.,

 

Survey is taken under provisions of Collection of Statistical Act 2008. Survey can be done by Central as well as State Governments. It is done for specific purposes.

Census

Survey

A census is a complete enumeration or count of a population, aiming to collect data from every individual or unit within that population.

A survey involves collecting data from a sample or subset of a population, using methods like questionnaires, interviews, or online platforms. 

It is to obtain detailed and accurate information about the entire population, providing a comprehensive picture of its characteristics. It collects data from every unit in a population.

It is to gather information about a specific topic or issue from a representative sample, allowing inferences to be made about the broader population. It collects data from a sample or subset of the population. 

For example, the decennial census conducted by governments to count the population and collect demographic data. 

For example, Market research surveys, opinion polls, or academic studies using questionnaires.

In the context of the Census Act of India, 1948, a census refers to the systematic and periodic collection, compilation, analysis, and dissemination of demographic, economic, and social data pertaining to all persons in a country or a well-defined part of a country at a specific time. They use the word ‘Census’ and ‘Survey’, interchangeably in the Act.

According to the Statistical Act, 2008, a “statistical survey” means a census or survey where information is collected from informants, either fully or through a sample, by an appropriate government, primarily for processing and summarizing using statistical procedures. 

A caste census is typically part of a national or large-scale government census that counts the population based on caste and its distribution.

 

A caste survey is often a more targeted and detailed investigation of caste-related data for specific purposes, such as social welfare programs.

Example: The 2011 Census in India included data about Scheduled Castes (SC) and Scheduled Tribes (ST), but caste data for other groups was not collected in detail.

 

Example: Some state governments in India, like Karnataka and Bihar, have conducted caste surveys to understand the status of different communities within their regions.

 

General:

As of now, Caste Survey can be taken by any State / UT / Central Government. It is neither prohibited nor stalled by any court. Both in Census as well as Survey depending upon the requirement or directions of Government Population, Male, Female, Number of households, Educational status, Economic Status, Employment details etc., are taken.

Reluctance of Tamilnadu Government to conduct Caste Survey:

In Tamil Nadu, no Caste Survey was conducted after 1982. In 1982 too, when the Government of Tamil Nadu raised the BC Quota from 31% to 50% (Vide GO MS No: 73 Dated 24.03.1980) it was challenged by one Marthandam Pillai in Supreme Court of India. Supreme Court directed the State Government to substantiate the increase to 50%. In pursuance of the same Tamil Nadu Government formed the Second Backward Class Commission under Mr.Amba Sankar a Fmr.IAS Officer vide GO MS No: 3078 dated 13.12.1982. It is called Amba Sankar Commission and there were 21 Members in that Commission. The Commission invoked eleven parameters to find out / fix the backwardness. After that in the past four decades, no Caste Census or Survey was never – ever conducted in Tamil Nadu. The report of Amba Sankar Commission also was stated to be UNRELIABLE in the judgement of Madurai Division Bench of Madras High Court in 10.5% Special Reservation Act Case. Hence, it’s validity too has gone. There are continuous demand to conduct Caste Survey since 2020 from all BCs and MBCs Organizations.

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