The Omar Abdullah-led government has constituted a three-member Cabinet sub-committee to look into its reservation policy, a contentious issue confronting the National Conference (NC), the ruling party.
The amendments that the administration led by Lieutenant Governor Manoj Sinha made to the J&K Reservation Rules of 2005 this March are alleged to have tipped the balance against open-merit, or general category, candidates who make up the bulk of the population and have been demanding a change in the policy.
The amendments were said to have been aimed at politically benefitting the BJP in the Assembly elections, according to the critics of the move. While it did not yield the desired results, it sparked a row.
What is the controversy and when did it start?
The controversy began in March when the Union Territory administration led by Sinha gave Scheduled Tribe (ST) status to the Pahari community. This, according to the critics, was done to secure their vote for the BJP in the parliamentary and Assembly elections.
On March 15, the UT administration issued Statutory Order (SO) 176 amending the Jammu and Kashmir Reservation Act of 2005. The order said it suppressed SO 537 that the UT administration had issued on October 19, 2022. According to that order, the government amended the 2005 law and substituted the words “Pahari-speaking people” with “Pahari ethnic people”. By suppressing SO 537, the government expanded the ambit of the Pahari people to include under the law anyone who could speak the language.
The Gujjar and Bakerwal communities that already had ST status opposed the granting of ST status to the Pahari community. To appease Paharis and to keep the Gujjars and Bakerwals placated the administration even announced an increase in ST quota from 10% to 20%.
What was the quota structure under the J&K Reservation Act, 2005?
Government jobs: Rule 4 of the law, which deals with direct recruitment in the government, reserved 43% of seats in direct recruitment for government jobs for different reserved groups, leaving the rest for general-category candidates.
In the reserved category, 10% of government jobs were for STs, 8% for Scheduled Castes (SCs), 2% for the weak and unprivileged groups, and 3% for people living on the Line of Actual Control (LAC). The Act also further reserved 20% of government jobs for residents of backward areas (RBA) and provided 6% horizontal reservation for ex-servicemen and 3% for people with physical disabilities.
Admission to professional colleges and institutions: Rule 13 sets out the allocation of quota for admission to professional colleges and institutions. According to it, 50% of the seats in professional institutions are reserved for different groups: 8% for SCs, 6% for STs, 4% for residents of Ladakh (then part of the state of Jammu and Kashmir), 1% for other ST groups, 2% for the weak and underprivileged, 3% of the residents of areas adjoining the LAC, and 20% for RBA candidates. This rule also reserved 3% of the seats for children of defence personnel, 1% for children of paramilitary and police personnel, and 2% for outstanding sportspersons who are residents of J&K.
Admission to postgraduate courses: Rule 15 deals with the distribution of seats for postgraduate courses, keeping 65% for general category students and 35% of the seats for the reserved categories: 4% for SCs, 5% for STs, 10% for RBAs, 2% for residents of areas adjoining the LAC, 1% for weak and underprivileged classes, 2% for children of defence, paramilitary, or police personnel, and 1% for outstanding sportspersons. It also allocated 10% of the seats for general category candidates who served in rural areas for at least five years.
The Mehbooba Mufti-led government, of which the BJP was a part, amended Rule 15 to increase the share for general category students to 75%. In addition to reserved seats, candidates from reserved groups are eligible for general seats if they secure a higher merit.
What changes did SO 176 bring?
It amended rules 4 and 13. The amendment to Rule 4 increased the government job quota for reserved groups to 60% and gave 10% horizontal reservation to ex-servicemen and people with physical disabilities. This left only 30% for general category candidates.
The change in Rule 13 kept the 50% reservation for reserved categories but reserved 10% of the seats for the Economically Weaker Sections, people with disabilities, and children of defence and paramilitary personnel, leaving only 40% for the general category.
Changes to Rule 15 brought down the general category share to 45%.
Where do the political parties stand?
With general category candidates raising objections, the NC is cautiously treading on the matter, being careful not to alienate any group. The party had promised during the Assembly polls that it would take a look again at the reservation policy if voted to power.
The three-member Cabinet sub-committee that the government has set up includes Javed Rana, who is from an ST community. NC leader and Srinagar MP Aga Ruhullah has been vociferously voicing the concerns of the general category candidates.
The Peoples Democratic Party (PDP) too has been cautious and is pitching for an equitable reservation policy based on population. PDP legislator Waheed Para has taken the issue of the general category students and asked the government to address their concerns. The BJP has kept quiet on the matter, adopting a wait-and-watch approach.
With the government far from taking any immediate decision on the issue, several petitions have been filed in the J&K High Court challenging the SO 176 and calling for reservation based on the population.
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