NEET and OBC RESERVATION

“While I am prepared to bear with the imperfections and shortcomings of the society in which I may be destined to labour, I feel I should not consent to live in a society which cherishes wrong ideals, or a society which, having right ideals, will not consent to bring its social life into conformity with those ideals.”

-Dr B.R Ambedkar in ANNIHILIATION OF CASTE (1936)

The year is 1935, and a newly-passed Government of India Act has been passed by the Parliament, aiming to give Indian Provinces a shot at greater self-rule and setting up of a National Federal Framework (Union, in simple words).It was a moment-of-joy among the (gullible) Indians who, firmly, believed that complete independence is no longer a distant dream, as evident in Sadat Hasan Manto’s short story-The New Constitution.Before the passing of the said Act, there were three (intense) conferences where negotiations and deliberations happened between the Indians and British, these were Round Table Conferences, which took place from 1930 to 1932.The subject matter, in question, was the Constitutional Reforms to be introduced in the Colony. The Indian National Congress and The Muslim League were represented by Gandhi and Jinnah respectively, while both the parties had their own agendas, there was also a third party which represented the Dalits and Lower Castes of India, with Dr B.R Ambedkar as their representative.

While the first two parties failed to get any substantial gains, the third party got a major breakthrough in their struggle.During the conferences, Dr B.R Ambedkar pressed his demand for separate electorates for Dalits and lower castes and held his grounds firm, which ultimately got accepted by the colonisers, and a Communal Award was formed; drawing severe criticism from both Gandhi and upper class of society. In fact,Gandhi also went on a 6-Day fast in protest for the same, and finally Ambedkar had to yield and let go of the communal award, instead, a Poona Pact was signed between the two, which also promised Dalits electorates reserved seats in legislature, but to be voted by general electorate. ?

Cut to 1947, at the stroke of midnight hour, when the world slept, India woke to life and freedom; and a new-nation-was formed.There were several discussions and debates within parliament as to what would be the future of LOWER CLASSES and how to uplift them via schemes.

In 1954, for the first time, the MoE recommended 20% of seats to be reserved in Educational Institutions for the Depressed classes. This is, perhaps, the earliest iteration, and also the most common type of reservation we see today.

Recently, the Government of India approved reservation for two more categories, I.e, OBC and EWS, under the All India Quota for NEET 2021, with the aim of uplifting the citizens, falling in the respective spectrum.NEET, an All India level entrance exam, is one of the most sought after exams and with good reason, as it is the gateway to all Medical Institutions across India.

Let’s keep the statistics aside for a bit, and talk about the public reaction.The now-reserved people welcomed the move, but there was a massive uproar by the unreserved (better known as General category) candidates.ThePrint reports; that the Savarnas ,I.e, the upper castes, disparaged this move as ‘death of merit’ and the usual nuances for the same.

By massive, I mean a petition challenging this provision, that is, 27% reservation of OBC seats, and 10% EWS seats, has been accepted by the Apex -Court and hearings for the same have commenced.

Coming to facts and figures now, 16.14 lakh candidates registered for NEET, the highest since past 5 years, and also the number of medical colleges and seats have increased. According to data provided by MoHFW, there has been a 56% increase in MBBS seats, from 54,328 to 84,689 (2014-2020), while there has been a 80% increase in PG seats, from 30,191 to 54,275 (2014-2020).Also, there are 558 medical institutions, with the All India Institute of Medical Sciences (AIIMS) as the sweetest cherry on the cake, with good reason as it is the premier Medical Institute in country (topping the NIRF medical ranking list, four-times-in-a-row since 2018).

So, how does the recent provision affect the seat-matrix, consider AIIMS Delhi for a minute, the total seats are 107, and after the provision, the seat matrix is WOULD COME out as Unreserved-51, OBC-27, SC-15, ST-7, and Foreign-7.

The petitioners allege that at least 2500 ‘just merit’ seats would be converted to OBC seats.

As of current moment, this whole case is being heard to in the Apex-Court, by a 3-judge bench comprising of Justice D.Y Chandrachud, Justice Vikram Nath and Justice B.V Nagarathna.

OBC RESERVATION ORIGINS:

But, how did the OBC-EWS reservations enter the system and why? Let’s pick up our story in-the beginning, but shift a few decades further.

The year is 1979, Indira Gandhi is no longer in power and is succeeded by Morarji Desai, the 4th Prime Minister.Under his mandate, a Commission was set up and it had a colossal and an equally crucial task, to identify socially-backward classes, to assort them, and later finding ways for their upliftment. ?

The commission was headed by a parliamentarian, with the name-B.P Mandal, later his commission was more commonly called-the Mandal Commission.It used an 11-point-indicator to determine and identify backward classes.Within a year (1980), the commission handed out it’s report, stating that OBCs made upto 52% population (at that time),and recommended 27% seats be reserved in Central institutions and PSUs, adding upto the reservation percentage to 49.5% (27%OBC+15%SC+7.5%ST).It was not until V.P Singh, who announced the implementation of Mandal Commission's report in 1990.(The report came in 1980, but was implemented in 1990).

However, this was protested against by Students and Public at large, with several students immolating themselves in protest.Most outrage was in North and West India, while Southern India welcomed the new provision.

Nevertheless, the recommendations were implemented which made both B.P Mandal and his commission history.

B.P MANDAL

CASE LAW:Indra Sawhney & Others v. Union of India

While all this was going on, a lawyer was preparing her files for a PIL challenging the new provisions, unknown of the fact, that it would later be one of the major landmark cases India had witnessed in decades.

The lawyer was Indra Sawhney, and she appealed in the Top Court, that the Indian Constitution recognised Caste as a factor determining backwardness, but not economic backwardness.

She presented three arguments-

1)The extension of reservation violated the Constitutional guarantee of equality of???opportunity.?

2)Caste was not a reliable indicator of backwardness.

3)The efficiency of public institutions was at risk.

, challenging the new order, in front of a 5-judge bench, which initially put the order on hold.

The verdict later came out and it was held that-?

1) 27% central government reservation for OBCs is valid.

2) The concept of creamy/non creamy layer within OBCs was introduced.

And,

3) a 50% cap on reservations in normal conditions, but under extra-ordinary conditions, the ceiling could go above 50%.

RECENT HAPPENING AND MENTION:

Also, this verdict hit the headlines when Maratha reservation was struck down as it breached the 50% reservation ceiling earlier this year.

Criteria for determining OBC NCL Eligibility-

1. If your parents are not employed by the government, their income should be within the limits by the government to be treated as Non-Creamy Layer OBC.
2. If your parents are not directly recruited Class1 (Group A) or Class2 (GroupB) officers OR they do not occupy any constitutional posts (like that of President, Vice President, Governor etc) you are most likely to fall under Non-Creamy Layer OBC.
3. In order to qualify as an OBC non-creamy layer candidate, the parents’ annual income should be less than INR-8lakh

On a lighter note, reservations are necessary for the upliftment of socially backward classes. First, this compensates for the endless discrimination and disparagement faced by them, as evident, in the book Annihilation of Caste (by Dr BR Ambedkar), we come across several instances of brutality, wrought upon the Lower classes even on trifles .

Also reservation, undeniably, levels the playing ground for all castes, helping them to uplift themselves and providing an equal shot at Education.

Reservation is, also, a Tool sanctioned by Article 16(4) of Our Constitution which states that- “nothing in this article shall prevent the state from making any provision for reservation of appointments or posts in favour of any backward class of citizens, which, in the opinion of state, is not adequately represented in the services in the state.”

Links (Resource Base):

This time, I researched the facts and figures from several credible sources, so I am listing out the links, from where you too can read about Reservations,NEET, and much more.

1) https://www.goodreads.com/work/quotes/13388715-the-annihilation-of-caste ?

2) https://theprint.in/opinion/obc-medical-quota-indians-flawed-merit-argument-reservation-debate/708045/?utm_source=izooto&utm_medium=push_notification&utm_campaign=ThePrint&amp

3) https://muse.jhu.edu/article/754619

4) https://www.drishtiias.com/daily-updates/daily-news-editorials/30-years-of-mandal-commission

5) https://www.thehindu.com/news/national/health-ministry-announces-27-for-obcs-10-for-ews-in-national-quota-medical-seats/article35603432.ece/amp/

6) https://www.livelaw.in/top-stories/maratha-quota-in-excess-of-50-ceiling-limit-unconstitutional-supreme-court-173617

7) ?https://www.nirfindia.org/2021/MedicalRanking.html

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