The court has taken the firm stand that it cannot lay down any yardstick to determine the adequacy or inadequacy of representation to SC-ST communities in matters of promotion. The court pointed out that it is neither legal nor proper for the courts to issue directions or advisory sermons to the executive in respect of the ‘sphere which is exclusively within their domain under the Constitution’. Determination of inadequate representation of SCs and STs in services under a State is left to the discretion of the State, as the determination depends upon myriad factors which this Court cannot envisage, the judges further said.

The court has taken cover from the responsibility of laying down criteria for determining the inadequacy of representation by saying it would result in curtailing the discretion given to the state governments. In addition, the prevailing local conditions, which may require to be factored in, might not be uniform.

The court’s stand only highlights the interplay of patently irreconcilable considerations that the issue of reservation in promotions entails. It raises certain fundamental issues about the reservation policy, the sensitivities of which have prevented a realistic look at the gamut of issues involved. Reservation is a highly emotive issue that defies straightforward approaches in which symbolism plays a greater role than its efficacy.

The Constitution framers had envisaged reservation as a means to right age-old wrongs, but along the way the means have become the end itself, defeating the very purpose of the policy. In certain cases, reservation has become not just a right, but a privilege that tends to be abused, particularly when it comes to promotion in jobs, where efficiency must not be sacrificed in favour of political expediency.

There is no doubt that the dalits have been victims of humiliating social segregation and barbaric social oppression, but it is also a fact that a section, though small in size, within the community has become rich and turned exploiters themselves. This is where reservation as a privilege comes into play and defeats the very purpose of providing a safety net to the vulnerable. Despite their new found affluence, even these people insist on reservation as a life-long privilege, which in all fairness constitutes an abuse of the concept.

But when one delves deep into the matter, it becomes clearly evident that no fundamental change can be brought about by reservation or for that matter by any other provision of this kind in the actual social-economic condition of dalits and backward castes within the framework of the existing system. The principal design of reservation is solely to douse the raging flames of wrath and resentment among people, deprived and oppressed for centuries, and thus to contain it from flaring up further. That is clearly a political solution, which has not had any real impact on the overall life of the depressed classes.

According to reports, approximately there are about one lakh government jobs in the country which are lying vacant under quota for want of suitable candidates. The truth is that the majority of common population amongst the scheduled castes-tribes and other backward castes do not have such economic-academic status so as to apply for these jobs. The reserved seats that get filled are actually grabbed by the relatively well-to-do among the community.

It is a matter of deep concern that even as the nation is celebrating 75 years of independence, the educational status of the vulnerable people continues to lag behind by big gaps, with nearly 80 percent students from scheduled castes dropping out midway through their school education. The 50 percent of reserved seats for scheduled castes and tribes in higher education remain unfilled and 25 percent of students who seek admission under reservation leave their education in the middle. This means quota by itself is not the panacea to address backwardness of these sections of people and that is what muddles the issue further. (IPA Service)