National

Dalit rights group told to approach national panel for SCs

JAIPUR: The Rajasthan High Court has asked a Dalit rights group to approach the National Commission for Scheduled Castes with its demand for allocation of a separate quota to the Harijan community in the government services out of the total reservation meant for Scheduled Castes, while observing that such a decision was within the “exclusive domain” of the Commission.

Akhil Bharatiya Balmiki Mahasabha had sought the High Court’s directive to the Commission to submit its recommendation to the President for giving the separate quota to sweepers as their children were not able to secure education that could enable them to compete with other communities included in the Scheduled Castes.

Balmiki Mahasabha general secretary Kanhaiyalal Kalosia in his public interest writ petition pointed out that sweepers were treated as untouchables and had suffered ignominy for ages for their work of cleaning roads and drains and removing dirt and filth. He said the sweeper community stood on the lowest pedestal in the caste system of Hindu society.

Petitioner’s counsel Chetan Bairwa contended that most of the reservation for Scheduled Castes, whether in appointments to services or admissions to educational institutions, was consumed by other communities – such as cobbler, washerman, weaver, meat seller and barber – and Harijans were not able to compete with them in terms of merit.

The petitioner also cited a notification of 2006 issued by the Punjab Government providing that 50 per cent of the vacancies reserved for Scheduled Castes in direct recruitment would be first offered to Balmikis and Mazbhi Sikhs (sweepers), if available. “The respondents should make a similar provision for appointment to the services of the Union Government and State governments,” said the petition.

A Division Bench of the High Court comprising Chief Justice Narayan Roy and Justice Mohammed Rafiq rejected the petitioner’s arguments and observed that the issue of the writ of mandamus prayed for by the Dalit group would be tantamount to usurping the powers of the National Commission specially constituted to monitor all matters relating to Scheduled Castes.

“This Court, in exercise of its power of judicial review, cannot require the Commission to act in a particular manner or make a particular recommendation, and based on such a contingency, further issue a writ directing the Union or State government to act accordingly,” said the Bench in its six-page judgment.

The Judges observed that whether or not a separate quota should be earmarked out of the seats reserved for Scheduled Castes exclusively for Harijans was a policy decision to be taken by the Centre or the State government. The government is required under Article 338 of the Constitution to take into consideration the National Commission’s recommendation in this respect.

Moreover, the reports submitted by the Commission are required to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations. The report concerning any State is sent to the Governor for being tabled in the Assembly.

The Court, dismissing the petition, asked the Balmiki Mahasabha to approach the Commission for redressal of its grievances, saying the remedy lay with the Commission alone and all the grounds urged before the Court could be raised before the Commission, which was equipped with the powers to investigate and make recommendations.

The Bench also observed that giving any direction to the Commission in connection with reservation would be tantamount to encroaching upon the domain exclusively reserved for such authority and circumscribing its power to deal with the matter on its merits.

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