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Tags Current Affairs

Haryana’s quota within quota

Date: 11 March 2020 Tags: Constitution

Issue

The Haryana Assembly last week passed a Bill to split the 20% quota for Scheduled Castes (SCs) in the state’s higher educational institutions into two, creating a quota within the quota for a new group of “Deprived Scheduled Castes”.

 

Background

The Statement of Objects and Reasons of the Act says that the representation of the Scheduled Castes now categorised as “Deprived Scheduled Castes” is only 4.7%, 4.14% and 6.27% in Group A, Group B and Group C services respectively, even though their population is about 11% of the total State population.

 

Details

  • The Deprived Scheduled Castes category has 36 communities including Valmiki, Bazigar, Sansi, Deha, Dhanak, and Sapera.

  • Section 3(1) of The Haryana Scheduled Castes (Reservation in Admission in Government Educational Institutions) Act, 2020 lays down that “twenty per cent seats shall be reserved for the members of the Scheduled Castes while making admission.”

  • Thereafter, Section 3(2) says: “Fifty per cent of the 20 per cent seats reserved for Scheduled Castes for admission in any Government educational institution shall be set aside for candidates belonging to deprived Scheduled Castes as enumerated in the Annexure”.

  • Section 4 says that “Where a seat set aside for candidate from deprived Scheduled Castes is not filled up in any academic year due to non-availability of candidate of deprived Scheduled Castes possessing the requisite qualifications, the same shall be made available to candidate of Scheduled Castes.

  • Facing opposition, the government argues that Article 15(5) of the Constitution authorises the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for SCs/STs for admission to educational institutions.

Article 15

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

     (a) access to shops, public restaurants, hotels and places of public entertainment; or

     (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

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