M A I L B A G

Caste-based reservation is arbitrary

Caste can’t be the basis of reservation, according to the Constitution. The classification of the SC/ST/OBC is founded on intelligible differentia which distinguishes people that are grouped together from others left out of the group in the same condition of poverty.

Differentia must have a rational relation to the object sought to be achieved. Sadly, the economically disadvantaged sections among the SC/ST/OBCs are considered for quota while those of other castes are left out. Why this bias among the poor of the same status living below the poverty line? Equality before law under Article 14 forbids this discrimination.

In Maneka Gandhi case, the Supreme Court ruled that all Articles on fundamental rights bear a relationship with one another and any law enacted by Parliament depriving a citizen of any freedom of equality or liberties must satisfy the requirement of Articles 14, 19 and 21 of the Constitution. Law must be reasonable and non-arbitrary. The Preamble does guarantee equality of status and opportunity to all citizens irrespective of caste, colour and creed.

UMED SINGH GULIA, Advocate, Supreme Court, Faridabad

II

Who are less fortunate? Those belonging to the Scheduled Caste/Scheduled Tribe and Other Backward Classes? Or those in the general category? The former have equal opportunities in education. Why, then, give them quotas? Caste-based reservation is populist to the core, 100 per cent discriminatory and hence unconstitutional.

Clearly, reservations could be given only on the basis of economic criteria and not on caste or sub-caste. Caste-based quotas destroy the doctrine of equality. Along with those who are extremely poor, those from remote villages who have no equal facilities could also be extended help.

RATAN DEEP KAUR, Mohali

III

Government interference in the functioning of private unaided schools and colleges will discourage conscientious educators from starting schools and colleges. The result is the growing shortage of quality teachers. On the one hand, this breeds corruption during admissions. On the other, private initiative slips more into the hands of buccaneers.

It is a vicious circle reminiscent of the politically-led trade unions which may help obtain excellent wages for the employed but discourage entrepreneurs from undertaking job intensive ventures needed to generate more employment.

PARVEZ GHIASUDDIN, New Delhi

IV

I refer to the editorial “Passed at last” (Dec 23). The original draft circulated at the all-party meeting did not contain any exemption for minority institutions. After a Majlis MP, Sultan Salauddin Owaisi, protested and threatened agitation if minority institutions were not excluded, the Centre reviewed the clause.

This is nothing but appeasement of the Muslim vote bank. This will divide the country on communal lines which is deplorable. The majority institutions should go to the court for this differential treatment given to them which is unjust and unconstitutional.

ANAND PRAKASH, Panchkula

V

The implementation of the 85th Amendment will help the beneficiaries, but deprive many of their long-awaited promotions. Reservation in promotions is creating resentment among the employees of the General category.

There is need to focus on infrastructural development in a big way in all the district headquarters in Punjab, Haryana and Himachal Pradesh. The unemployed youth should be encouraged to set up units with financial help from the respective governments. This way, we can empower people and make them self-reliant.

DARYAO SINGH MALIK, Advocate, Karnal

Conduct HCS exam

I appeal to Haryana Chief Minister Bhupinder Singh Hooda to conduct the pre-examination of the Haryana Civil Services (HCS-Executive and other allied services) Examination, 2005. It is indeed disappointing when a political party, which comes to power with the slogan of giving employment, freezes the vacancies after assuming office.

DEVENDRA KUMAR SINGH, Delhi University, Delhi

Calling names

The editorial “Calling names” (Dec 15) made interesting reading. It is rightly stated that the reason for changing names is purely political. But the political players do not consider that at times such changes can hurt the sentiments of the people of that place/region, which, in fact, they want to exploit.

Take the case of Mohali. The officially enacted change of its name to Sahibzada Ajit Singh Nagar causes insult to the illustrious son of Guru Gobind Singh after whose name the change was made. For, unlike Mumbai or Kolkata, even the media cares two hoots about the new name. Even the occasional use of the official name is a sacrilege. For it is referred to as SAS Nagar. Would the powers that be rethink on this change and revert to its original, accepted and popular name, Mohali?

BALVINDER, Chandigarh

A progressive step The latest amendment in the Code of Civil Procedure is a progressive step aimed at reducing delay in trials. Inter alia, two procedural additions have been made. One, the examination chief of witness by oral testimony has been substituted by sworn affidavit. And two, limiting ad hoc adjournments to three. A controversy arose between the liberal interpreters of law and those having narrower view. The former thought that the rules were regulated by Section 148 CPC which permitted the courts to use inherent powers to extend the limitation to another 30 days, while the conservatives thought negatively. However, the Supreme Court has set the controversy at rest by holding that the court can use inherent powers under Section 148 CPC to enlarge the period for another 30 days. The court has thus put its seal to confirm the hitherto prevalent practice that the procedure is tailored to facilitate and not obstruct the administration of justice. Dr DEVINDER SINGH, Advocate, Amritsar