IMPLEMENT RESERVATIONS IN GOVERNMENT-AIDED SECTOR!
IMPLEMENT RESERVATIONS IN GOVERNMENT-AIDED SECTOR!
The Issue
IMPLEMENT RESERVATIONS IN GOVERNMENT-AIDED SECTOR!
A Memorandum to the Honourable Chief Minister of Kerala by Dalit, Adivasi community leaders with the signatures of activists and students
Sir,
We welcome the move by the present LDF government to implement reservations in aided college teaching/ non-teaching appointments. It is laudable that the democratic government is putting to an end the constitutional breach and anti-reservation stance of the past 46 years. However, the benchmark adopted by the Government to implement reservation is inadequate to ensure social justice. The government aims to implement affirmative action by upholding the agreement between the state and the aided college management signed during Achuta Menon government in 1972.
As per the 1972 Direct Payment Act, 50% of the appointments are reserved for the caste/community represented by the management. Your government has decided to continue with this forty six year old unconstitutional provision. It only proposes an 8% and 2% reservation for SCs and STs respectively in the remaining 50% open merit appointments. Without scraping the unconstitutional provision of 1972, the 10% reservation for SCs and STs would effectively be reduced to 5% (4% SC and 1% ST). This would mean rejecting the principle of reservations proportional to the population of SCs and STs.
On 25th May 2015, Kerala High Court pronounced that aided college appointments should follow reservation policies (W.P.L Nos.32393, 33205 dated 25.05.2015). This was a very important pronouncement. In 2010, the then government had approved the appointment of 1599 aided college teachers without including the UGC provisions for reservations. Thus, under the leadership of DSM/ Aided Mekhala Samvarna Prakshobha Samithi (Action Committee for Reservations in Aided Sector), 12 SC/ST candidates filed petitions with the High Court. The 2015 order is a result of this legal battle. According to the order, state universities were supposed to bring appropriate amendments in their statutes and within a period of six months make SC/ST appointments as per UGC regulations. The order also added that no other appointments could be made without clearing SC/ST appointment backlogs. 2015 order mandates all state universities and affiliated aided colleges to ensure 10% SC and ST reservations in all the appointments. However, with the present government upholding the 1972 Direct Payment Act, this mandate would be severely diluted. SC/ST reservations would be reduced to a mere 5%
As per 2014-15 data, Kerala has 232 Arts and Science Colleges. 180 (out of the total 232) are government-aided colleges. In other words, 77.58% of all Arts and Science Colleges are part of the aided sector. The remaining 52 are government colleges, where 12% of all the teachers belong to SC and ST categories. On the other hand, out of the 8233 teachers in the aided sector only 49 belong to SC or ST categories. Out of the 3725 non-teaching staff only 16 are SCs or STs. Thus, out of the total strength of 11,858 aided-sector employees only 65 are SCs or STs. In other words, they are less than 1% of the total strength (0.54%). This is a shocking reality.
In aided institutions where government pays the salaries and pensions, SCs and STs should have received 1195 posts as per constitutional provisions.
Kerala has a total of 180 aided Arts and Science Colleges. 84 out of these 180 colleges are controlled by Christian or Corporate managements. They account for nearly 47% of the total 180. 35 colleges (19.4%) are with Muslims, 21 (11.6%) with S.N. Trust, 18 (10%) are managed by N.S.S., 7 (3.88%) are run by the Devaswam Board and 15 (8.3%) are run by single-member managements. 64% of all teachers in Government-run Devaswam Board Colleges are Nairs. 66% of all aided colleges are controlled by religious minorities. As per the government decision, no reservations are possible in these colleges. Thus, reservations can be implemented only in the remaining 34% colleges in the limited 50% open merit appointments. There are no reservations in students’ enrolment in minority educational institutions. However, it is the responsibility of aided minority institutions to implement reservations in teaching/non-teaching staff appointments
Though 2015 High Court Order has excluded religious minority institutions from implementation of reservations, Muslim Education Society (hereafter MES) director Dr. Fasal Gafur ensured that MES institutions will implement reservations. He also added that he would try to convince other Muslim management colleges to implement reservations. He points out that since aided colleges receive government grants they cannot claim exclusive minority status. When minority institutions themselves are showing readiness to implement reservations, government needs to consider this rightful demand.
As per 2015-16 data, Kerala has 5, 11,487 government employees. Nearly 2, 00,000 of them are employed in government aided institutions. Only 586 employees out of 2, 00,000 belong to SC and ST categories, which is a just 0.37% of the total strength. If Kerala would have been a state which ensured constitutionally mandated equality of opportunity, SCs and STs would have received 20,000 posts in the aided sector. On one hand, reservations are denied in this sector and on the other hand appointments made in the aided sector negatively impact the reservations implemented in the government sector. The best example is the management appointments of ‘protected teachers’ as government servants after pocketing huge sums of money from them. As a result, SC/ST candidates who have cleared Public Service Commission Exams are denied opportunities of appointment in the aided sector. As per the Government order of 2011 (G.O.(P)No.199/2011/Edn Dt. 1.10.11) 2987 protected teachers are working as government servants in Kerala.
We appeal to the Government of Kerala that it should resolve the social and economic backwardness experienced by SCs and STs in aided institutions with the help of constitutional mandates. This would be a significant contribution in establishing social justice and equal opportunities.
Our Demands are as follows:
(1) All government aided-institutions should implement 10% SC/ST reservation. Appointments should be made through Kerala Public Service Commission.
(2) The unconstitutional provisions of Direct Payment Act, 1972 should be scrapped.
(3) The Government of Kerala Compensate the loss incurred by SC/ST candidates due to the appointments of protected teachers through SPECIAL RECRUITMENT DRIVE.
(4) The Government of Kerala should ensure 10% share for SCs and STs, out of its total expenditure on the aided sector.
(5) The Government of Kerala should calculate the employment loss incurred by SCs and STs in the past 46 years as a result of Direct Payment Act, 1972. The Government should institute a special package to employ educated Dalit and Adivasi youth.
Regards,
O.P. Raveendran,
Convenor , Aided Mekhala Samvarna Prakshobha Samiti
( Committee for Reservations in Government Aided Sector)
The Issue
IMPLEMENT RESERVATIONS IN GOVERNMENT-AIDED SECTOR!
A Memorandum to the Honourable Chief Minister of Kerala by Dalit, Adivasi community leaders with the signatures of activists and students
Sir,
We welcome the move by the present LDF government to implement reservations in aided college teaching/ non-teaching appointments. It is laudable that the democratic government is putting to an end the constitutional breach and anti-reservation stance of the past 46 years. However, the benchmark adopted by the Government to implement reservation is inadequate to ensure social justice. The government aims to implement affirmative action by upholding the agreement between the state and the aided college management signed during Achuta Menon government in 1972.
As per the 1972 Direct Payment Act, 50% of the appointments are reserved for the caste/community represented by the management. Your government has decided to continue with this forty six year old unconstitutional provision. It only proposes an 8% and 2% reservation for SCs and STs respectively in the remaining 50% open merit appointments. Without scraping the unconstitutional provision of 1972, the 10% reservation for SCs and STs would effectively be reduced to 5% (4% SC and 1% ST). This would mean rejecting the principle of reservations proportional to the population of SCs and STs.
On 25th May 2015, Kerala High Court pronounced that aided college appointments should follow reservation policies (W.P.L Nos.32393, 33205 dated 25.05.2015). This was a very important pronouncement. In 2010, the then government had approved the appointment of 1599 aided college teachers without including the UGC provisions for reservations. Thus, under the leadership of DSM/ Aided Mekhala Samvarna Prakshobha Samithi (Action Committee for Reservations in Aided Sector), 12 SC/ST candidates filed petitions with the High Court. The 2015 order is a result of this legal battle. According to the order, state universities were supposed to bring appropriate amendments in their statutes and within a period of six months make SC/ST appointments as per UGC regulations. The order also added that no other appointments could be made without clearing SC/ST appointment backlogs. 2015 order mandates all state universities and affiliated aided colleges to ensure 10% SC and ST reservations in all the appointments. However, with the present government upholding the 1972 Direct Payment Act, this mandate would be severely diluted. SC/ST reservations would be reduced to a mere 5%
As per 2014-15 data, Kerala has 232 Arts and Science Colleges. 180 (out of the total 232) are government-aided colleges. In other words, 77.58% of all Arts and Science Colleges are part of the aided sector. The remaining 52 are government colleges, where 12% of all the teachers belong to SC and ST categories. On the other hand, out of the 8233 teachers in the aided sector only 49 belong to SC or ST categories. Out of the 3725 non-teaching staff only 16 are SCs or STs. Thus, out of the total strength of 11,858 aided-sector employees only 65 are SCs or STs. In other words, they are less than 1% of the total strength (0.54%). This is a shocking reality.
In aided institutions where government pays the salaries and pensions, SCs and STs should have received 1195 posts as per constitutional provisions.
Kerala has a total of 180 aided Arts and Science Colleges. 84 out of these 180 colleges are controlled by Christian or Corporate managements. They account for nearly 47% of the total 180. 35 colleges (19.4%) are with Muslims, 21 (11.6%) with S.N. Trust, 18 (10%) are managed by N.S.S., 7 (3.88%) are run by the Devaswam Board and 15 (8.3%) are run by single-member managements. 64% of all teachers in Government-run Devaswam Board Colleges are Nairs. 66% of all aided colleges are controlled by religious minorities. As per the government decision, no reservations are possible in these colleges. Thus, reservations can be implemented only in the remaining 34% colleges in the limited 50% open merit appointments. There are no reservations in students’ enrolment in minority educational institutions. However, it is the responsibility of aided minority institutions to implement reservations in teaching/non-teaching staff appointments
Though 2015 High Court Order has excluded religious minority institutions from implementation of reservations, Muslim Education Society (hereafter MES) director Dr. Fasal Gafur ensured that MES institutions will implement reservations. He also added that he would try to convince other Muslim management colleges to implement reservations. He points out that since aided colleges receive government grants they cannot claim exclusive minority status. When minority institutions themselves are showing readiness to implement reservations, government needs to consider this rightful demand.
As per 2015-16 data, Kerala has 5, 11,487 government employees. Nearly 2, 00,000 of them are employed in government aided institutions. Only 586 employees out of 2, 00,000 belong to SC and ST categories, which is a just 0.37% of the total strength. If Kerala would have been a state which ensured constitutionally mandated equality of opportunity, SCs and STs would have received 20,000 posts in the aided sector. On one hand, reservations are denied in this sector and on the other hand appointments made in the aided sector negatively impact the reservations implemented in the government sector. The best example is the management appointments of ‘protected teachers’ as government servants after pocketing huge sums of money from them. As a result, SC/ST candidates who have cleared Public Service Commission Exams are denied opportunities of appointment in the aided sector. As per the Government order of 2011 (G.O.(P)No.199/2011/Edn Dt. 1.10.11) 2987 protected teachers are working as government servants in Kerala.
We appeal to the Government of Kerala that it should resolve the social and economic backwardness experienced by SCs and STs in aided institutions with the help of constitutional mandates. This would be a significant contribution in establishing social justice and equal opportunities.
Our Demands are as follows:
(1) All government aided-institutions should implement 10% SC/ST reservation. Appointments should be made through Kerala Public Service Commission.
(2) The unconstitutional provisions of Direct Payment Act, 1972 should be scrapped.
(3) The Government of Kerala Compensate the loss incurred by SC/ST candidates due to the appointments of protected teachers through SPECIAL RECRUITMENT DRIVE.
(4) The Government of Kerala should ensure 10% share for SCs and STs, out of its total expenditure on the aided sector.
(5) The Government of Kerala should calculate the employment loss incurred by SCs and STs in the past 46 years as a result of Direct Payment Act, 1972. The Government should institute a special package to employ educated Dalit and Adivasi youth.
Regards,
O.P. Raveendran,
Convenor , Aided Mekhala Samvarna Prakshobha Samiti
( Committee for Reservations in Government Aided Sector)
Petition Closed
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Petition created on 15 September 2016