Why amendment for NO Reservation!

Readers might remember 28th of February 2019, when a messagereached each and every ear of the valley, taking a perception of abrogation ofArticle 35A along with it. I also received such a message in my inbox whichread: “The Union Cabinet, chaired by the Prime Minister Narendra Modi hasapproved the proposal of Jammu & Kashmir Government to issue ‘The Jammu andKashmir Reservation (Amendment) Ordinance, 2019′ by the President of India.”One of the reasons stated in the background for this ordinance was the”implementation of 10% reservation for economically weaker sections (EWS) inJ&K”. It was believed that EWS reservation would pave the way for reservingState Government jobs to the youth of J&K who are from economically weakersections belonging to any religion or caste. It may be recalled that 10%reservation to economically weaker sections was introduced in rest of thecountry through the 103rd Constitution Amendment in January 2019. This is inaddition to such reservation available in Govt. of India jobs also. Butunfortunately, many candidates from Jammu and Kashmir applying for UGC-NET June2019 Exam are worried because of the difficulties they face while trying tosubmit their online applications.

10% EWS Reservation in UGC-NET JUNE 2019:

   

National Testing Agency has been conducting NET – JRF Exam since December 2019 for which the merit is calculated at National Level. Thousands of students apply for this exam from J&K as well, making them eligible either to apply for Assistant Professorship or Junior Research Fellowship. The test also exempts them from Ph.D. Entrance Tests in many Universities.

After the 103rd Constitution Amendment in January 2019, a public notice was issued by National Testing Agency on 01.03.2019 for the information and appropriate action by all concerned candidates regarding identification of candidates belonging to EWS category from amongst the candidates of UGC-NET JUNE 2019. “The Candidates of UGC-NET JUNE 2019 Examination, who come under EWS category as per the Certificate issued by the Competent Authority, may mention such category in the Online Application Form”, reads the NTA’s public notice.

NO Reservation for J&K Applicants

Many students have approached me either personally ortelephonically and asked whether they should apply under Economically WeakerSections category or not? They are not eligible because of several reasonsincluding the following:

1.            Even ifthe Union Cabinet approved the proposal of J&K Government to issue ‘TheJammu and Kashmir Reservation (Amendment) Ordinance, 2019′ by the President ofIndia, but no such implementation of 10% EWS reservation has taken place inreal sense in J&K. No one in Kashmir Valley has got the EWS Certificate asthe competent authorities themselves seem to be confused and are waiting forthe departmental guidelines in this regard.

2.            Criteriafor issuance of EWS Certificate as given under DoPT (GOI) Office Memorandum No.36039/1/2019-Estt(Res) Dated 31st January, 2019 clearly says that “persons whoare not covered under the scheme of reservation for SCs, STs and OBCs and whosefamily has gross annual income below Rs 8.00 lakh (Rupees eight lakh only) areto be identified as EWSs for benefit of reservation. Income shall also includeincome from all sources i.e. salary, agriculture, business, profession, etc.for the financial year prior to the year of application. Also persons whosefamily owns or possesses any of the following assets shall be excluded frombeing identified as EWS, irrespective of the family income:-

i.              5 acresof agricultural land and above;

ii.             Residentialflat of 1000 sq ft. and above;

iii.            Residentialplot of 100 sq. yards and above in notified municipalities;

iv.           Residential,plot of 200 sq. yards and above in areas other than the notifiedmunicipalities.

The property held by a “Family” in differentlocations or different places/cities would be clubbed while applying the landor property holding test to determine EWS status”.

Since, the people living in J&K prefer to build theirhouses with huge plinth area, normally larger than 1000 sft, and theirresidential plots are not limited to 100 or 200 sq. yards, so even if a familybelongs to below poverty line with meager gross annual income of 1 to 2 lacs,they will not be provided the EWS Reservation Certificate on the basis of thesecentral guidelines.

Conclusion:

For the sake of reservations on All India Basis, it could beconsidered a good decision if candidates from J&K are benefited under 10%reservation for economically weaker sections (EWS), but, when the system doesnot help the youth of J&K to avail this reservation in a prestigious examlike UGC-NET, how could His Excellency, The Hon’ble Governor of J&K, claimthis reservation to be beneficial for the youth of J&K?

I talked to some activists, Secretary Department of SocialWelfare, some media personnel, PS to Advisors, and faxed/mailed to the Governorand His Advisors, but except the Governor everybody seemed to be confused orunaware about the issue. Secretary Department of Social Welfare is bound to helpthe candidates in this regard but unfortunately our bureaucracy is quitesleeping for such matters of genuine concern in J&K. Many students haveapplied under Open Category which will definitely affect them when they come toknow about this problem.

Although the Governor of J&K, has assured of swiftaction in this regard within one or two working days but I am still worriedabout these candidates from J&K because even if aguideline/notification/circular comes in this regard from the appropriateGovernment, still it will be difficult for the candidates to obtain the EWSReservation Certificate before the last date of UGC-NET June 2019 applicationforms i.e. 30th of March 2019. The time is now for the Government to wake up…and help these candidates by getting the last date of UGC-NET applicationsextended, change the criteria for issuance of these certificates in J&K andissue the EWS certificates to deserving candidates OR answer the youth that whyThe Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 was passed for NOreservation? 

(The author is Chairman J&K RTI Foundation)

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