Nagpur Aug. 22 (Special Correspondent) The judgement by a seven-judge bench of the Supreme Court in Davinder Singh v. State of Punjab is violative of judicial commitment. The subject matter was to decide whether the sub-classification of Scheduled Castes and Scheduled Tribes into educational and service reservations was constitutionally valid or not. But the Supreme Court allowed a creamy layer to be applied, observed senior Advocate of the Supreme Court Dr. K. S. Chauhan.
Dr. from Hazari Pahad Nagpur by He was speaking as the chief guide at the seminar organized by Independent Labour Union at Babasaheb Ambedkar Labor Training Centre, Nagpur the other day.
Dr. Sukhdev Thorat, former chairman of University Grants Commission and Dr. K. P. Swaminathan, National Vice-President of Swatantra Mazdoor Union, were prominently present. National President of Independent Mazdoor Union J. S. Patil presided over the programme.
Dr. Chauhan further said, the demand for applying creamy layer to Scheduled Castes and Scheduled Tribes has been rejected by Indira Sahani bench of nine judges in the year 1992 itself. How can a bench of seven judges decide against it, he asked.
Referring to the recent statement of the Law Minister of India, Arjun Meghwal, he said, the decision of the Supreme Court is being converted into law. Decisions about creamy layer and classification will not be improved by mere talk. The Constitution has to be amended in Article 341 and 342. The Law Minister’s statement is only political in nature and is intended to stop the discontent created among Scheduled Castes and Scheduled Tribes, he pointed out.
Misunderstandings have been consciously created among some people belonging to Scheduled Castes. The reservation in promotion has already been stopped and due to this judgement, the reservation in direct service recruitment will also end, Dr. Chavan said.
Dr. Sukhdev Thorat said that caste discrimination is the basis of reservation for Scheduled Tribes and Tribes. A number of studies have revealed that caste discrimination increases as officials from Scheduled Castes and Tribes are treated as quota holders. He said that in today’s situation, when the backlog of Scheduled Castes and Scheduled Tribes in senior positions including universities has not been filled and the representation of some castes in senior jobs has not been proved by any scientific data, this kind of decision is based on misunderstanding.
Women’s reservation is based on gender discrimination, not economic discrimination. Also, since the reservation of Scheduled Castes and Scheduled Tribes is based on untouchability and social discrimination, economic support can’t be added to it, said Dr. Thorat.
Mr. J. S. Patil strongly opposed the judgement on classification and demanded early amendment to rectify it. He warned to launch a nation-wide agitation to press for the just demand.
Mr. Narendra Jaronde made an introductory speech, Mr. Ganesh Uke conducted the programme and Vikas Gaur proposed the vote of thanks. A large number of professors, lawyers, officials and office bearers of many organizations attended the program
