Reservation issue solution by compensation

        

Present time in India government allows reservation for schedule caste, schedule tribe, other backward class, economic weaker section and others. This is creating unsatisfation to those students who scored  more marks then selected students but unselected in thier category merit list. I have suffered lot of this reservation system. 

Presently a new category classified in general category who are Economically Weaker section. EWS

Present time reservation in union ( central government )  examination is this type -

1. Scheduled caste - 15%

2. Scheduled tribe - 7.5%

3. Other bacward class - 27%

4. Economical weaker sections - 10%

5. Women reservation running in states

6. Physically challenged class

7. Other many classes and sub classes 

When Government notify governments jobs and professional course seat exams then all type of classification mentioned there.

A.      When government giving jobs or exam seat to any category class students by law then which students scored more marks then selected students but unselected in final selection then right of equality and equality before laws is also mentioned in article 15 & 16 of constitution of India are avoided. 

B.      I think for solving this unsatisfation conditions  provide them a compensation package till seven to ten years so they can study from other private colleges or abroad colleges or start livelihood works in other sectors thus government shall protect their constitutional right in way of the justice. 

C.         It’s the unselected person’s apprehension that his marks is more than reserved candidate cut off. It is felt that the present Reservation system helps those which community keep politically influence and vote power they get benefit of reservation.

D. That being a medium Intelligent candidate, reservation system and civil services examination selection process has negative effect on the unselected person who scored more then selected candidates. Thus directly it is affecting Right to Life (Article 21 of the Constitution of India).

E. That per Art. 15 (3), nothing of this Article shall present the State Forum making any special provision for women and children.  If which provisions made under 15 (3) give Negative impact on male and adult life then what is solution?

F. That it is submitted that when land acquisition done by Govt. then Govt. give compensation and rehabilitation package to effected people because they lose his property and employment. It is also when accident case occurs, order is issued to vehicle owner to pay compensation and mentally harassment charge to consumer. However, due to reservation when student lost his seat of professional course & jobs which is directly connected to livelihood.  he feels mentally tortured and lost his employment why not he get any compensation and in the present cases of reservation.

G. That when low cut off is followed in EWS, OBC, SC & ST candidates and any reserved category then why not there equal student get chance for interview or main exam thus affecting the law of equality.

H. That there is need to make a common cut off of any competition public exam in which representation of weaker section (S.C., S.T.. OBC , EBC) & intelligence both balanced and the students rights are not disturbed.

I. That If Responsible Govt. can make special provision by Art 15 (4), 16 (4) of the Constitution of India, and the same would disturbing Art. 21 Right, Art. 15, 16 of the Constitution of India thus directly affecting the students who scored more then selected candidates but out from jobs & professional  college seat.

J. It is also stated that due to present reservation system in public service medium intelligent Students life, liberty & livelihood are in danger and the they do not feel happy about it. There is urgent necessity to decontrol reservation system step by step in future  and at present must need to restore the rights of unselected students who scored more then selected students.

         So That the Responsible  government  can implement these provisions without harmful & give problems to other category thus reserving the basic rights of the  Students (who scored more then selected students but out from jobs) in following ways: 

Example UPSC Civil services examination -

i. If any professional competition / govt. job often seen merit this like:-

    1. Cut off of general category: - 75%

                            A. Cut off of  EWS -  70%

    2. Cut off of O.B.C. category: - 70%

    3. Cut off of S.C. category: - 65%

    4. Cut off of S.T. category: - 60%

If such is accepted it prelims exam result then S.T. students selected on 60%, but 60% to less then 65% holder S.C. students are not selected thus 60% to less then 70% holder O.B.C. students, 60% to less then 70% General EWS  & 60% to less then 75% General students are not selected.

    

Hence, it is presumed that in prelims exam result, total students should selected for mains exam who get more then minimum cut off of reserved category as those students who get more then 60% should be able for main exam. 

If then it is supposed that same merit list for mains exam result then total students whom get more then 60% should select for interview. Then it will be accepted this decision in true value. Thus category class gets their representation, medium intelligent efficiency not disturbs & social environment get good feeling. Due to reservation many people was disqualified because they are not belong to category class. Then students  (   who scored more then selected students but out from next step of examination  ) will get some relief.

Further that if final cut off for recruitment (pre + main + interview) or (single exam) or (exam +interview) merit like this:-

     Condition 1:- general cut off: - 72%

                             O.B.C. cut off: - 68%

                            S. C.  Cut off: - 64%

                                   S.T. cut off: - 60%     

 then analysis data is this like lower cut off 60% (belongs to S.T. category)    

And S.C. students whose are between 60% to 64% get compensation.

O.B.C. students whose are between 60% to 68% get compensation.

Suffering students like the   (who scored more then selected students but out from jobs)   whose is between 60% to 72% get compensation.

    

Condition 2:- General cut off: - 72%

                         O.B.C. cut off: - 68%

                         S. C.  Cut off: - 64%

S.T. cut off: - 60%       then analysis data is this like lower cut off 60% (belong to S.C. category)  S. T. students whose are between 60% to 64% get compensation.

O.B.C. students whose are between 60% to 68% get compensation.

Then  students (      who scored more then selected students but out from jobs    ) herein whose is between 60% to 72% get compensation.

Condition 3:- General cut off :- 72%

                         O.B.C. cut off :- 60%

                         S. C.  cut off :- 64%

S.T. cut off :- 62%       then analysis data is this like lower cut off 60% (belong to O.B.C. category)

S.T. students whose are between 60% to 62% get compensation.

S.C. students whose are between 60% to 64% get compensation.                              

Thus the Petitioner-in-Person being a General student whose score is between 60% to 72% would get compensation.

3. Grounds:

I. Because the selection procedure adopted in Civil Services as mentioned in Union Public Service Commission Examination Notice & selections procedures  violates Articles 15, 16 & 21 of the Constitution of India by not providing same criteria for all candidates to qualify for main exam, interview and final selection thus affecting the valuable rights of the Students (         who scored more then selected students but out from jobs  ) .

II. Because differencing category wise age relaxation and chance relaxation to appear in the exams. If age relaxation aim to make forward educationally backward then age relaxation provide personally not category wise thus the interest of the Students  ( who scored more then selected students but out from jobs)   are safe guarded.

III. Because if Article 15 (4) is considered, in which state make provision /rules for special class. If they rules/provision prevent others life, liberty and livelihood then what is solution thus the Students   ( who scored more then selected students but out from jobs) are hit by the faulty process of civil services exams.

IV. Because when Article 16 (4) is considered, in which state can take affirmative action for backward class and their representation. If that action became negative for other people life and livelihood then no solution arrived at thus the Students    (   who scored more then selected students but out from jobs ) looses his rights for no fault of him.

V. Because when low cut off stay in O.B.C., S.C. S.T. and any other reserved class then why not these equal student get chance for mains exam and interview which needs to be followed to avoid further harm to the students    who scored more then selected students but out from jobs .

VI. Because age relaxation gives them which person is educationally backward not category wise and to give them who complete late his educational qualified courses thus   who scored more then selected students but out from jobs gets a fair chance in selection.

VII. Because Prelims exam cut off should be one for all and no different cut off for reserved category thus lower cut off of any reserved category declare as merit marks thus medium intelligent must get chance for progress and the Students  (who scored more then selected students but out from jobs ) stands at better footing.

VIII. Because final exam & after interview who are get more then lower reserve Category cut off marks and loosed his seat due to reservation give them compensation for 10 year ratio of their salary per month. Due to this systems, O.B.C., S.C., S.T. all student get benefit & settle his life properly. The students are suffering due to above which needs to checked.

IX. Because the present reservation system allows ill feelings to medium class & Medium intelligent students because waste of years time, money,   pure spirit & dedication to education he could not do others work of employment because he has to start newly & spent time & money again.

X. Because in constitution reservation system apply as affirmative action but due to this action special category get advantage & positive for them but for others it is a negative action. In constitution no where mention that negative action is correct. Thus the Students  rights have been jeopardized. 

XI. Because the Hon’ble Court or Responsible Governments needs to ensure that affirmative action (reservation) does not become negative for medium intelligent students life & dignity so that ignored students rights are preserved.

XII. Because all laws and rules made for reserved category are giving negative impact on life and future to medium intelligent like the  who scored more then selected students but out from jobs.

XIII. Because the Hon'ble Court  or  Responsible government   quash the Rule for Civil Service Main Exam Selection through Preliminary Exam that candidate will be qualified about twelve to thirteen times of total vacancies allocated for General, O.B.C., S.C., S.T. & others as separate-separate in that year to be filled seats. And also selection process for interview.

                        This is a serious grievances and being so dissatisfied with Govt. Law about Reservation in Civil Services exams and selection processes being conducted by UPSC and approved by DoPT which are the arms of the union of India. The   serious grievances and being so dissatisfied with Govt. Law about Reservation in Civil Services exams and selection processes being conducted by UPSC and approved by DoPT which are the arms of the union of India. The students being  medium intelligent backward students who have suffered a lot including the instances of facing social and economic problems. The Responsible central government needs to remove negative impact on such medium intelligent  students who are unselected in selection procedure. Lives of those including the students herein are in imminent danger of extinction which violates guarantee of Article 13, 15, 16, 21 of the Constitution of India. The present Constitution of India read with case laws as pronounced by the Hon’ble Supreme Court on Article 21 in as much as in Menka Gandhi vs Union of India needs to be given effect to so as to avoid further curse of reservation on the Petitioner-in-Person herein. The process adopted by the UPSC in selecting the candidates for civil services (mains and interviews) are wrong and unconstitutional since inevitably it affects the rights and human dignity of the Students  and all over aspects which makes life “meaningful, complete and worth living”.

Being seriously aggrieved   being a general caste medium intelligent economically backward students who have suffered a lot including the instances of facing social and economic problems. The Respondent central government needs to remove negative impact on such medium intelligent general students. Lives of those including the Petitioner-in-Person herein are in imminent danger of extinction which violates guarantee of Article 13, 15, 16, 21 of the Constitution of India. The present  Petition under the Article 32 of the Constitution of India read with case laws as pronounced by the Hon’ble Supreme Court on Article 21 in as much as in Menka Gandhi vs Union of India needs to be given effect to so as to avoid further curse of reservation on the Petitioner-in-Person herein. The process adopted by the UPSC in selecting the candidates for civil services (mains and interviews) are wrong and unconstitutional since inevitably it affects the rights and human dignity of the Petitioner-in-Person and all over aspects which makes life “meaningful, complete and worth living”.

Being seriously aggrieved