Thursday, January 31, 2008
Organ trade families of reality Laden ,Emaar, DLF
Leander Paes, who is being treated for a brain cyst in the United States, could be suffering from an infection common in India, the doctor attending to him said. "While not yet proven in Leander's situation, one rather common infection in India causing such a brain lesion is cysticercus granuloma caused by the larval form of a tapeworm," Dr. Clarence Brown, President Chairman of the MD Anderson Caner Centre, where Paes is being treated, said on Thursday.
http://www.rediff.com/sports/2003/aug/21paes1.htm
Paes's cyst could be common infection, says medic
Dharam Shourie | August 21, 2003 22:50 IST
Last Updated: August 22, 2003 02:04 IST
Brown said results of numerous tests on Paes are still being awaited.
Also Read
Get well, Leander
"He is no longer experiencing headaches and his vision is normal. He remains in excellent spirits and is physically active," Brown said.
Paes reportedly suffered severe headaches during his first round doubles match last week in Cincinnati, Ohio, and later checked himself into an emergency room near his Orlando base three days later.
He was moved to MD Anderson Cancer Centre after a scan revealed lesion in his brain's left occipital region.
He was to team up with former partner Mahesh Bhupathi at the $355,000 ATP Tour event in Long Island, New York, this week but the duo withdrew due to Leander's illness.
Also read:
- Paes's illness shocks Bhupathi
- Paes is stable: Orlando hospital chief
- 'Leander feeling much better'
- Paes hospitalised with brain lesion
http://en.wikipedia.org/wiki/Leander_PaesLeander Adrian Paes (born June 17, 1973) is an Indian male tennis professional who currently features in the doubles events in the ATP tour and the Davis Cup tournament. He is one of the most successful professional Indian tennis players. He has won various doubles and mixed doubles events at the Tennis Grand Slam events. He is also the recipient of India's highest sporting honour, the Rajiv Gandhi Khel Ratna award in 1996-1997 and the Padmashri award in 2001 for his contribution to Tennis in India.
PLEASE ALSO SEE
http://www.indianarmy.gov.in/araoc.htm
TO,
THE POLICE COMMISSIONER DELHI
DATED
REPORT ON SAROJINI NAGAR BOMB BLAST OF 29TH OCTOBER 2005 WHICH TOOK PLACE ON THE DANTERAS DAY,DESTROYING THE DIWALI OF INNOCENT PEOPLE AS WELL CREATING MAYHEM ON AN AUSPICIOUS OCCASION AND SEVERE MONETARY LOSS TO NOT ONLY THE SIMPLE MIDDLE CLASS PEOPLE WHO SHOP THERE BUT ALSO THE SHOPKEEPERS WHO HAD A BLEAK DIWALI IN SUCH A YEAR AS 2005 ,WHEREIN DANTERAS FELL ON A SATURDAY AND THAT ALSO OCTOBER 29TH –A SIGNIFICANT DATE RELIGIOUSLY.
[edit] Reaction in Delhi
1.
The aftermath of the bomb blasts clearly indicates that in a year such as 2005 the temples were closed as well as restaurants ,depriving the Hindu people of valuable family outings with their families. As has been earlier stated by me to the press as well as all disciplinary authorities that a section of society would like to see the destruction of not only family life of people but also the destruction of temples.
THE ORGAN TRADE OF MEDICAL TOURISM IS KILLING INNOCENT WOMEN AND POOR PEOPLE TO TRADE THEIR ORGANS ESPECIALLY IN
THAT THE BOMB BLASTS HAPPENED AT A VERY RELIGIOUSLY SIGNIFICANT DATE OF 29TH .JESSICA LAL MURDER CASE ALSO TOOK
That Jesus Christ was crucified in 29th AD and the date significant for Christians. Not much Christians grieve for Christ on any 29th as Jesus was resurrected on the third day and brought faith in this world.
That on
Please check out the BBC report on same in the papers enclosed ,right in front of the Delhi Police Commissioner’s office as well as the web site:-
http://news.bbc.co.uk/1/hi/world/south_asia/4388292.stm#.
BBC NEWS:VIDEO AND AUDIO
Herein there is a video clearly talking about Delhi Police endeavor to check out the mobile phones active on that day.
On my part I would like to bring forth the fact that on account of the claim of Muslim Militants on the same:-
It is my appeal to the Police Department to Check the demography of Delhi,and on the basis of STATISTICS AND PROBABILITY FACTOR WORK OUT THAT FOR A GIVEN NUMBER OF DIFFERENT CASTES LIVING IN DELHI COMPRISING OF HINDUS, CHRISTAINS ,MUSLIMS AND SIKHS,HOW MANY DIED IN THE BLASTS ACCORDING TO DIFFERENT RELIGIONS MENTIONED HEREIN.
PLEASE CHECK OUT THAT THERE IS NO LESS PROBABLITY OF MUSLIMS AND SIKHS DIEING ON THAT DAY,BY EXTRACT OF BBC NEWS:-
“Both the Hindu festival of lights known as Diwali and the Muslim festival of Eid fall next week.”
PLEASE CHECK OUT THAT IN A GIVEN MARKET PLACE FOR MIDDLE CLASS SHOPPERS ON A BUSY WEEKEND DAY ,WHAT WAS THE PROBABLITY OF MUSLIMS AND SIKHS DIEING IN THE LIST OF 200 PERSONS WHO DIED?
HOW MANY SIKHS AND MUSLIMS DIED ON THAT DAY OF 29TH OCTOBER WHEREIN DIWALI IS ALSO CELEBRATED BY SIKHS AND EID WAS ALSO NEAR BY.?
HOW IS IT THAT NO MUSLIMS OR SIKHS DIED IN THE BALSTS IN A BUSY MARKET PLACE FOR COMMON PEOPLE?
WHO INFORMED THEM OF THE BLAST?DID
A BETTER OPTION WOULD BE TO OBTAIN THE LATEST CENSUS RESULTS FROM THE MUNICIPAL CORPORATION OF DELHI AS TO HOW MANY SIKHS AND MUSLIMS LIVE IN DELHI AND THEN WORK OUT THE PROBABILITY FACTOR OF HOW MANY SHOULD HAVE BEEN PRESENT ON A GIVEN DAY IN SAROJINI NAGAR MARKET WHICH IS VISITED BY PEOPLE FROM ALL PARTS OF DELHI ,EVEN IN BUSES AS IT IS A MIDDLECLASS MARKET,AND KEEPING IN MIND THAT BOTH EID AND DIWALI FESTIVAL WERE APPROACHING AND IT BEING A WEEK END HOLIDAY OF SATURDAY?
http://www.censusindia.net/census2001/dcos/delhi.html
http://www.censusindia.net/results/2001maps/delhi01.html
Census Data Data Products 2001 Census Vital Statistics About Us Mail Us Home
Regional Census Office:
HOUSELISTING OPERATIONS* : 1st June to
POPULATION ENUMERATION: 9th to
* Subject to change
Mrs Bimla Jindgar Regional Offices Main Page
Director of Census Operations
UT Delhi
Room No.207, Old Secretariat
Delhi-110054
Telephone: (11-91-011-3956177)
E-Mail: dcodel@censusindia.net
Source: Office of the Registrar
2A,
e-mail: rgoffice@censusindia.net
http://www.censusindia.net/religiondata/index.html
http://www.censusindia.net/religiondata/Summary%20Sikhs.pdf
WHAT WERE THE CASTES OF THE PEOPLE KILLED?
IS THE LATEST DEMOGRAPHIC PROFILE OF
THERE WAS A DRIVE TO FIND OUT THE NUMBER OF MUSLIMS IN THE ARMY .I SAY THAT THE SIKHS SHOULD ALSO BE CHECKED.
PLEASE REMEMBER THE CABINET
http://en.wikipedia.org/wiki/1946_Cabinet_Mission_to_India
“[edit] Formation of a government
The Viceroy began organizing the transfer of power to a Congress-League coalition. But League president Muhammad Ali Jinnah denounced the hesitant and conditional approval of the Congress and rescinded League approval of both plans. Thus Congress leaders entered the newly styled Viceroy's Executive Council: Jawaharlal Nehru became the head - vice president in title, but possessing the executive authority. Vallabhbhai Patel became the Home member - responsible for internal security and government agencies. Congress-led governments were formed in most provinces - including in the NWFP, in Punjab (a coalition with the Shiromani Akali Dal and the Unionist Muslim League). The League led governments in Bengal and Sind. The Constituent Assembly was instructed to begin work to write a new constitution for India.”
ALSO THAT THERE ARE 200 GURUDWARAS IN PAKISTAN AND MANY IN PUNJAB; JAMMU KASHMIR AND HARYANA.
THAT MY ANCESTRAL ROOTS WERE SIKH.MY GREAT GRAND FATHER GUMANDA SINGH DHODY WAS THE RULER OF A HUGE RIYASAT IN PAKISTAN.ON BRITISH CONQUEST OF INDIA HE GIFTED THE LAND OF RAWAL PINDI CANTT TO THE BRITSH WHEREIN HE WAS CONFERRED THE TITLE OF FAIZ- A –AZAM BY THE BRITISH.DUE TO EXTREME BENEOVALENCE OF HEART HE WAS UNABLE TO BE PART OF THE BRITISH LAGAAN SYSTEM AND THE ESTATES OF MY ANCESTORS DWINDLED.TAKING A POLITICAL STANCE ;STEADILY THEY ENTERED BRITISH GOVERNMENT SERVICE .MY GRANDFATHER WAS IN THE ORDNANCE FACTORY IN ACCOUNTS AND SENIOR MANAGEMENT.HE WAS TRANSFERRED TO INDIA AND ORDNANCE FACTORY KHAMARIA IN 1946 ITSELF AND LEFT ALL HIS PROPERTY AND VALUABLES IN RAWALPINDI AS HE WAS HOPING TO GO BACK.BUT THEN INDIA AND PAKISTAN DIVIDED ON INDEPENDENCE AND HE WAS UNABLE TO GO BACK WITH HIS FAMILY.SUBSEQUENTLY HE WAS PRESSURIZED BY THE SIKHS TO BETRAY THE NATION AND ALLOW THE RELEASE OF AMMUNITION FROM THE BACK DOORS AND MANAGE THE ACCOUNTS SO THAT NO DEFICIT WOULD BE SEEN.
THE ROOTS OF MUTINY BY THE SIKHS IS FROM INDEPENDENCE ITSELF.MY GRANDFATHER REFUSED TO BE PARTY TO THIS CRIME ,AFTER WHICH HE WAS THREATENED OF DIRE CONSEQUENCES BY THE SIKHS AND ANNIHILATION AND POVERTY FOR HIS ENTIRE FAMILY .
HE GOT HIS HEAD SHAVED AT TIRUPATI AND CONVERTED TO SANATAN HINDUISM .THERE AFTER HE GOT A PROTECTIVE SHIELD FROM THE SOUTH INDIA;AND HIS FAMILY PROTECTED FROM THE BEASTLY SIKHS..MY FATHER WAS A STAUNCH SANATAN HINDU IRRESPECTIVE OF ALL THE TERRORISM THAT WAS SENT HIS WAY.MY ELDEST BROTHER WAS INFECTED BY SMALL POX WHEN NO ONE IN THE STATE HAD SMALL POX.
BOTH MY GRANDFATHER AND MY FATHER ALSO DISCOVERED THAT THERE WAS A CLOSE NEXUS BETWEEN ARYA SAMJHIS ,SIKHS,MUSLIMS AS THEY WERE ALL AGAINST IDOL WORSHIP AND SOUGHT TO DESTROY TEMPLES OF HINDUS.IT IS EXTREME DEBAUCHERY THAT SUCH SECTS INSTEAD OF PAYING ATTENTION TO THEIR OWN RELIGION THRIVE LIKE PARASITES IN THE DESTRUCTION OF OTHER FAITHS.
SURPRISINGLY THE MONEY FOR TERRORISM CAME FROM HINDU COFFERS OF JAINS AND GUPTAS WHO SOUGHT TO FURTHER THEIR BUSINESS INTERESTS WITH THE HELP OF THESE KILLERS.THE MONEY EARNED WAS DEPOSITED IN FOREIGN BANKS AND THUS THEY GOT HELP FROM TERRORIST NATIONS AND STARTING OF HAWALA ROUTES.
HOWEVER BOTH MUSLIM AND ARYA SAMAJ THRIVED BY CONVERSION AND THE KILLING OF INNOCENT WOMEN WHO WERE MOTHERS BY INTRODUCTION OF SEX AND NEW WOMEN IN A SANATAN HINDU HOUSEHOLD .BOTH ARYA SAMAJ AND MUSLIM RELIGIONS HAVE GROWN BY THE LUST OF MEN FOR YOUNG WOMEN.THE FIRST WIFE WAS MEDICALLY TERMINATED,HER ORGANS TRADED FOR FREE MEDICAL HELP TO OLD MAN AND THRIVING ORGAN TRADE FOR MIDDLE EAST COUNTRIES.
THESE ARE THE CASTE EQUATIONS OF A COUNTRY CALLED INDIA ,WHICH IS RUNNING UP TILL NOW BY THE SACRIFICE OF DEVOUT HINDUS WHO HAVE BEEN KILLED MERCILESSLY FOR THEIR SUCH SERVICE.BOTH MY GRANDFATHER AND FATHER REFUSED TO BE PARTY TO SUCH CRIME AND I HAVE FOLLOWED IN THEIR FOOT STEPS.
PLEASE SEE THE COMPLAINT TO STATE BANK OF INDIA OLD SECRETARIAT BRANCH, AS WELL AS CIVIL LINES AND MUKHERJEE NAGAR THANAS BY ME ON 8-8-2007 AND READ THE 34 PAPERS ENCLOSED.I HAVE DELIGENTLY CONTRIBUTED MONETARILY TO THE RUNNING OF MY HOUSEHOLD SINCE 1985 FIRST AS A TEACHER AND THEN FROM BEAUTY PARLOUR ,EARNING MANY TIMES MORE THAN KALRA.BUT WHAT REMAINS IN THE BANK ARE JUST MY SAVINGS WHICH ARE ALSO BEING EYED BY CRIMINAL ELEMENTS.PLEASE ALSO CALL AT YOUR PERUSAL ALL MY E-MAILS TO THE DELHI POLICE;MR.K.K. PAUL[COMMISSIONER OF DELHI POLICE],COMPLIANTS SUBMITTED AT MUKHERJEE NAGAR THANA,CBI,AS WELL AS TO ROOM NO. 3 AND 213 AS DOCUMENTS AND CDS TO GET THE ENTIRE PICTURE OF THE CRIME SCENE,SINCE 2003.
THUS BY THE ABOVE NARRATIVE IT MUST HAVE BECOME CLEAR TO THE POLICE DEPARTMENT OF DELHI THAT HOW SIKHS AND MUSLIMS ARE SEVERELY SEGREGATED FROM THE REST OF INDIA AND INFORM EACH OTHER IF ANY TERRORIST ACTIVITES ARE MASTERMINDED BY THEM .THIS WAS THE REASON OF THE 1984 RIOTS.IT WAS ALSO THE REASON WHY THE SIKH ARMY WAS REMOVED FROM THE LAL QUILA BY THE INDIAN GOVERNMENT DUE TO THE VICINITY OF DIGAMBAR JAIN,JAMA MASJID AND GURUDWARA.
THE MAIN ISSUE HOWEVER REMAINS THAT THE POLICE DEPARTMENT SHOULD INVESTIGATE AND SUBMIT THEIR REPORT TO THE PRESS AND THE COURTS AS TO WHY NOT A SINGLE SIKH OR MUSLIM DIED IN THE SAROJINI NAGAR BOMB BLAST OF 29TH OCTOBER 2005 ,AS WELL AS THEIR STATISTICAL ANALYSIS OF PROBABILITY FACTOR BY OBTAINING THE LATEST DEMOGRAPHIC PROFILE OF THE CAPITAL OF INDIA WHEREIN RESTS THE INDIAN PARLIAMENT.
http://delhiplanning.nic.in/Economic%20Survey/Ecosur2001-02/PDF/chapter3.pdf
MAMTA DHODY KALRA
1513,OUTRAM LANE ,
MUKHERJEE NAGAR,
DELHI-9
PS:RELIGIOUS SIGNIFICANCE OF DHANTERAS
Celebration Of The Festival
Dhanteras is also known as Dhantrayodashi, and takes place two days before Diwali, in honour of Dhanavantri, the physician of the gods and an incarnation of Vishnu.
Celebrations
"Lakshmi-Puja" is performed in the evenings when tiny diyas of clay are lighted to drive away the shadows of evil spirits. "Bhajans"-devotional songs- in praise of Goddess Laxmi are sung and "Naivedya" of traditional sweets is offered to the Goddess. There is a peculiar custom in Maharashtra to lightly pound dry coriander seeds with jaggery and offer as Naivedya.
In villages cattle are adorned and worshiped by farmers as they form the main source of their income. In south cows are offered special veneration as they are supposed to be the incarnation of Goddess Lakshmi and therefore they are adorned and worshiped on this day.
The festival of Dhanteras is an auspicious Indian festival that ushers in the celebrations of the Diwali, as the first day of the festivities. God Yama is worshipped on this day to provide prosperity and well being.
Traditionally, Diwali, the festival of lights, is celebrated for five days. Each day is special and has unique connotations, ceremonies and legends associated with it. The every first day of Diwali celebrations is Dhanteras.
It is celebrated on the thirteenth lunar day of Krishna Paksha, of the Hindu month of Kartik.
On this day, colourful, traditional Rangoli designs welcome the Goddess of wealth and prosperity in homes and offices. To indicate her long-awaited arrival, small footprints are drawn with rice flour and vermilion powder all over the houses. Lamps are kept burning all through the nights.
Dhanteras is celebrated to seek blessings of Goddess Laxmi, the goddess of wealth. “Laxmi-Puja" is performed in the evenings when tiny earthern diyas are lit to banish the shadows of evil spirits. "Bhajans"-devotional songs- are sung in praise of Goddess Lakshmi.
It is also referred to as Dhantrayodashi and Dhanvantari Trayodashi. The ‘Dhan’ in 'Dhanteras' refers to ‘wealth’ and 'teras', to ‘thirteenth’. Here ‘thirteenth’ indicates the day 'Trayodashi', on which Dhanteras falls.
It occurs two days prior to Diwali, in honour of Dhanavantri, the physician of the gods and an incarnation of Vishnu. This day is extremely auspicious to the affluent mercantile community of India.
Dhanteras is an auspicious occasion to purchase precious metals like gold, platinum and silver. Believing this day to be auspicious women purchase some gold or silver or at least one or two new utensils. New Dhan or some form of precious metal is bought as a sign of good luck.
Today, exchange of Dhanteras gifts is extremely popular. Special gifts for Dhanteras flood the markets.
Dhanteras festival is also considered auspicious for setting up new businesses, commencing new projects, housewarming, fixing wedding dates, buying cars and jewellery.
© 2006 Dhanteras All rights reserved. Best viewed in 1024 x 768 resolution.
PAGES SUBMITTED UNDER SAROJINI NAGAR BOMB BLAST[29-10-2005] REPORT =107 pages
PLEASE ALSO SEE HOW MY FATHER WAS KILLED ON A RELIGIOUS SIGNIFICANT DATE 16TH STANDS FOR THE DEATH SAMSKARA OF HINDUS.
To,
The Commissioner
Municipal Corporation
Jabalpur.482001.
DATED:-14-6-2007
Subject :-Issuance of Duplicate Copy of the Original Death Certificate of Shri Jagdish Chandra Dhody who passed away to his heavenly abode on
Sir,
I ;Mamta Kalra ; previously bonafide resident of
Daughter of Shri J.C.Dhody ,residing at the following
Address :-MIG-22,
JABALPUR.482001.
Hereby appeal that the Municipal Corporation of Jabalpur should issue me a duplicate copy of my father’s Original Death Certificate,who expired on 16-11-1994 at Jabalpur Hospital,Katanga Colony.My immediate family residing at Jabalpur which includes my elder brother Shri Vipin Dhody and my Mother Shrimati Chandra Kanta Dhody are not complying with me to provide the same; or its copy to me.
My father’s death was medically engineered by the criminal conspiracy of doctors who attended to him at Grover Heart hospital as well as Jabalpur Heart Hospital ,supposedly good hospitals of Jabalpur.He expired at Jabalpur Heart Hospital in Katanga ,but had been under the treatment of Grover Heart hospital,which he had visited in the evening,15-11-1994,before his death in the next morning,of 16-11-1994.
Please see the papers enclosed to see that all the persons devoted in the service of the nation are medically as well as physically terminated by Muslim assassins .The first example is Shri Shyama Prasad Mukherjee who was medically terminated in Kashmir on June 23rd 1953, by also the so called non compliance of the Congress opposition who were accused of not providing him adequate security.But Shri Jawahar Lal Nehru himself was medically terminated on a very significant date 27-5-1964 ,when he was trying to settle the same Kashmir issue by Muslim Jihadis.I my self is involved in suggesting to the Press ;to forward my suggestions on resolving the Kashmir Issue ,to the opposition in power with the original Marxists of Shyama Prasad Mukherjee ,who saved Bengal from being merged into Pakistan and presently Brinda Karat.I have sent my suggestions concerning the grant of Tribal rights to the Dogras and Gujjars of Kashmir to line the borders and settle the Kashmiri Brahmins in the Pampore district to Gandherbal vertically and Magam to Nagbaran horizontally once again.Although Kashmiri Brahmins have properties all over Kashmir but they are mainly settled in these areas.
http://en.wikipedia.org/wiki/Magam
The filthiest blot of history is that nearly six lakh Brahmin families lost their family members to terrorism and even stress diabetes ,and no one came forward to compensate them.Same is not the case for Muslims.However go to the following web address:-
http://www.pulwama.nic.in/Exgratia.htm
and you will see that muslims are being given money,with the glaring reality that there are thousands missing in the valley and there are no records of their death.A copy of the 39th page of the list showing 1405 muslims given 1 lakh shows the filthy nexus of the misuse of Article 370.Were proper death certificates submitted by the authorities in question and how genuine were they?Please see copies of my daughter’s birth certificates ;the original being of 23-8-1993 and the fake being of 23-1-1994,which itself was a criminal misdemeanor ; in my family.. This is how our own government at the centre is financing terrorism and there is a need to bring out a white paper on the same in Parliament as also the death sentence of Afzal Guru of Mukherjee Nagar,
There was an agreement on the Durrand Line(Mortimer Durrand-Sehore) made in 1893 for 100 years which expired in 1993;as India and Pakistan gained Independence from the British and became two separate entities .However the issue to my discretion is of international accord and should be presented to the International Court at the Hague-UN.All these matters I have been working on as also apprising the Police Department of India ;especially Delhi Police under Ministry of Home Affairs; as to how they will figure in this entire embezzlement of Kashmir from India governed by the Special Police Establishment Act of 1946.All these matters have been reported to senior Police officials of Delhi Police ,especially in the North District as well as the Commisioner’s office,with copies to the all powerful Press with examples like Shivani, four journalists - Anju Sharma (Hindustan Times), Sanjiv Sinha (Indian Express), Ranjan Jha (Aaj Tak TV channel) and Gopal Bisht (Aaj Tak),who crashed with Madhav Rao Scindia.Any one who comes out with the solution to the resettlement of the Kesar field owners ,the Kashmiri Brahmins is either killed ,maimed or his entire family destroyed like mine.The muslims are enjoying themselves with Government funds and do not even need to work there.The finances of the underworld Mafia like Abu Salem,Dawood ect all reach the valley as they are one with Pakistan and Palestine Liberation Organization .Yaseer Arafat in his speech has openly talked of Psychological terrorism ,which Islam will inflict on Jews and other non believers. They want a supremacy of Islam and are massacring the peaceful. A copy of their statements as well as Islamic cruelty is enclosed. Also is enclosed how great leaders are being terminated by date ,showing open Terrorism
Kennedy-22-11-1963
Mukherjee-23-6-1953
Nehru-27-5-1964
Gurudutt-10-10-1964
The copies of my daughter’s fudged birth certificate,the criminal conspiracy behind my father’s death,the nature of my work represented graphically showing the Introduction of Forensic /legal Psychology to the Indian Judiciary; presently under the perusal of Delhi University as well as the scans of photos of terrorism on Mandirs of the Nigam Bodh Ghat ,broken intentionally due to Arya Samaj,inspite of them having their own Dayanand Crematorium ;and the significant presence of religious leaders Samadhis like Mahatma Gandhi near Nigam bodh ghat; are enclosed.The scans show religious symbolism being used especially the green color of Muslims on the authorities Head Quarters.Also are enclosed my identity as Mamta Dhody on my college and School certificates enclosed; as well as copy of my pancard and Court oath certificate of marriage to Mr. S.P. Kalra on 17-10-1985.
The Times of India copy of 21-12-2006 is also enclosed with mind mentioned under Osama Laden photo with Manu Sharma conviction.The Qutub Collonade was an ADDA of disrepute ,arranging second marriages of old men.My report card showing foul play with total marks amounting to a very significant number 327, is also enclosed.This symbolism also exists at Tihar jail along with its Pankha and Lajwanti landmarks.The two women Ram durbar of Pragati Maidan Metro station with a saint looking like an Italian are also enclosed.The ancient Blue Shiva statue of Mehrauli Mandir which was replaced and symbolism of the Anang Pal Iron Pillar of Kutub Minar are also enclosed.Raj Ghat,no,7 Police booth after 7th avatar Ramji and Mukherjee nagar Mother Dairy milk booth No.53 all show number symbolism.Rajiv Gandhi’s Samadhi has circles of Hinduism.The Calcutta Quran Petition filed by Chopra is also enclosed,in which he asked the Calcutta High Court to Ban the Quran as it teaches Terrorism.Psychological terrorism is potrayed by the book published after Kennedy’s and Nehruji’s death- pioneers of solution to Kashmir and West Bank problems-called ;_
“I Never Promised You a Rose Garden” showing the infliction of Schizophrenia by islamists on 16 samskara and Jews ,symbolized by Monday voices ect on cover pages .The book was published in 1964 and had 252 pages with the 252 number missing on the original PAN publication.The cover shows a naked girl.Thera are also articles of Chattisgarh Madness reporting Tantriks as well as Priyanka Vadhera deep into Forensic Science of autopsies of murdered Corpses.
Enclosed are documents of Law Faculty –
Also is enclosed ,as to why my family in Jabalpur was terrorized and forced to buy MIG -22 and no other house number in Katanga Colony-the document showing my blue blood antecedents; who had gifted the land of Rawalpindi Cantt., to the Government of undivided India ;before partition.
Keeping all these facts in picture as also that I might need to present the copy of my father’s death certificate to the Honorable Supreme court of India ,showing the misuse of medical sciemce in India,please arrange for a copy of the same to be sent to me .As I have supplied all the details as under
:-
Name of Deceased :-Shri Jagdish Chandra Dhody
Date of Death:-16-11-1994
Place of Death:-
[Under treatment of Dr.Ajay Grover of Grover Heart hospital.]
Address of Deceased at time of Death:-MIG 22 ,Katanga Housing Board Colony ,Jabalpur.M.P.482001.
Age:- 64 Years.
Diagnosed:-Heart Attack as reason of Death.
Retired from UNITED
DAUGHTER OF DECEASED APPLYING FOR COPY OF ORIGINAL DEATH CERTIFICATE of Shri J.C.Dhody
-Mamta Dhody Kalra.
Presently resident of
ADDRESS:-
Mamta dhody Kalra
1513,Outram Lane
Mukherjee Nagar
Delhi-9 . Phone Number:- 27605550.
I also contacted the Municipal Corporation of
President (Municipal Corporation
Ph No. : 94253-59499, 2611429, 2600820 who gave me the numbers:- 2403020 ,2403021,2403022.
Thanking You,
MAMTA KALRA
English
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The demand for reservation in higher education and services is part of this nefarious and dubious plan only.How families can be turned into killer families ,surviving on the survival of the fittest maxim as well as a high class brain drain to Britain and other rich countries where Indians are treated as third class citizens and menial laborers,along with getting the creamy brains for them as well as the high costs of education in pounds and dollars being imparted by them.
Such students do no return to their motherland ,but the lure of high pay packets make them exist in a menial class category in Britain.Of course they are a huge drain on the Indian exchequer as well as the family they belong to who resort to corruption in government organizations ,conversions to muslim religion and killing of mothers for organ trade as well as killer factions of Arya samaj growing and feeding on such cults of money and power of the under dogs in rich countries.
The father gets married in the lifetime of his first wife ,converts to muslim religion ,slowly kills her medically and with domestic violence perpetrated by islam ,as he has another wife ready for him,no one helps the middle aged wife as her maternal home has long since finished and the middle east reaps both organs and muslim religion in India a land of Hindus,the G_8 countries rich brains and menial labor as well as filthy hawala money of the banias and jains who are the main culprits of this entire scenario's.
Please read the judgments in SC ST reservations which is resulting in killer families and brain drain from third world countries to keep them perpetually poor.This judgement has clearly delineated
"ECONOMIC BACKWARDNESS AS THE MAIN CRITERIA FOR DECIDING SC /ST/OBC RESERVATIONS."
PLEASE ALSO READ WHAT WAS THE REAL CRIME SCENE BEHIND INDIRA GANDHI ASSASSINATION ON THE SUPREME COURT OF
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http://www.judis.nic.in/supremecourt/qrydisp.aspx?filename=92
PETITIONER:
K.C. VASANTH KUMAR & ANOTHER.
Vs.
RESPONDENT:
STATE OF
DATE OF JUDGMENT08/05/1985
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BENCH:
CHANDRACHUD, Y.V. ((CJ)
DESAI, D.A.
REDDY, O. CHINNAPPA (J)
SEN, A.P. (J)
VENKATARAMIAH, E.S. (J)
CITATION:
1985 AIR 1495 1985 SCR Supl. (1) 352
1985 SCC Supl. 714 1985 SCALE (1)832
CITATOR INFO :
RF 1988 SC 959 (14)
E 1988 SC2287 (2)
ACT:
Constitution of
discrimination' in the matter of admissions into institutions imparting higher education and of entry into Government service, how to be solved-Statutory construction of the word "Backward classes" ejusdem qenesis Rule or Rule
Noscitur a sociis, explained-Construction of Articles 338(3) and 340 of the Constitutions-Government's power to make reservations under Articles 15(4) and 16(4) and the extent of reservation that can be made, explained-Words and Phrases-Meaning of "backwardness" "backward classes", socially and educationally backward classes",
HEADNOTE:
In the pre-independent period, the former princely State of
then existing rules of recruitment to the public services; (ii) special facilities to encourage higher and professional education among the members of backward classes and (iii) any other special measures which might be taken to increase the representation of backward communities in the public service without materially affecting the efficiency, due regard being paid also to the general good accruing to the State by a wider diffusion of education and feeling of
The Government orders issued on the basis of the Report continued to be in force till 1956 i.e. there organisation of States which brought together five integrating A units- the former State of Mysore (including Bellary District), Coorg, four districts of
In order to bring about uniformity the State Government issued a notification containing the list of backward classes for the purpose of Article 15(4) of the Constitution at the beginning of 1959. The validity of that notification and of another notification issued thereafter on the same topic which according to the State Government had treated all persons except Brahmins, Banias and Kayasthas as backward communities was challenged before the High Court of
population rather than making provision for socially and educationally backward classes; (b) making provision for communities which were slightly backward to the so called forward communities did not amount to making provision for the communities which really needed protection under Article (15(4) of the Constitution; (c) socially and educationally backward classes can in some cases be determined on the basis of castes.
Therefore, the State Government constituted a Committee on
criteria thus indicated should be followed to enable the State Government to determine the persons who should secure such preference as may be determined by Government in respect of admissions to technical institutions and appointment to Government services. The said committee submitted its Interim Report on
admissions to professional and technical institutions reserving 22 per cent of seats for backward classes, 15 per cent for Scheduled Castes and 3 per cent for Scheduled Tribes and the remaining 60 percent of seats were allowed to be filled upon the basis of merit. The order of the Government was challenged before the High Court of Mysore in
in the Government order to the effect that if any seat or seats reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes remained unfilled, the same shall be filled by candidates A of other backward classes was unconstitutional. It also gave some directions regarding the manner in which the calculation of the quota of reservation be made. Thereafter the Final Report was submitted by the Nagan Gowda Committee on
seats were allowed to be filled up on merit. This order was challenged before the Supreme Court under Article 32 of the
Constitutions in M. R. Balaji & Ors v. State of
In this land mark decision of the Supreme Court, the meaning of the term "socially and educationally backward classes" appearing in Article 15(4) was explained as "The backwardness under Article 15(4) must be social and educational. It is not either social or educational but it is both social and educational." After explaining as to how social and educational backwardness has to be determined, and the question of determination of the classes which were educationally backward, the court held that the inclusion of the members of the
Lingayat community(Home Minister Shivaraj Patil)
http://en.wikipedia.org/wiki/Shivraj_Patil
in the list of backward classes was erroneous. On the question of extent of reservation that can be made the Court held that speaking generally and in a broad way, a special provision should be less then 50 per cent; how much less than 50 per cent should depend upon the relevant prevailing circumstances in each case." and thus allowed the petition Thereafter, the Government passed another order dated
This order was questioned before the High Court in D.G. Viswanath v. Government of Mysore & Ors.
A.l.R. 1964 Mys. 132 by some petitioners on various grounds. The High Court dismissed the petitions observing that the determination of the backward classes without reference to caste altogether was not correct and it expressed the hope that the State would make a more appropriate classification lest its bonafides should be questioned. In the appeal filed against this judgment in R. Chitralekha & H. Anr. v State of Mysore & Ors [196416 SCR 368 the Supreme Court explained the inconsistency between the High Court judgment with the decision in Balaji's case and observed that "Two principles stand out prominently from Balaji, namely, (i) the caste of a group of citizens may be a relevant circumstance in ascertaining their social backwardness; and (ii) though it is a relevant A factor to determine the social backwardness of class of citizens, it cannot be the sole or dominant test in that behalf-casts is only a relevant circumstance in ascertaining the backwardness of a class and there is nothing in the judgment of the Supreme Court which precludes the authority concerned from determining the social backwardness of a group of citizens if it can do so without reference to caste." While this Court has not excluded caste from ascertaining the backwardness of a class of citizens, it has not made it one of compelling circumstances, affording a basis for the ascertainment of backwardness of a class.
Thereafter the State Government appointed the Karnataka Backward Classes Commission under the Chairmanship of Sri L.G. Havanur which after an elaborate enquiry submitted its
report in four massive volumes on
For purposes of Article 16(4) of the Constitution, theCommission divided the backward classes into (a) backward communities consisting of 9 castes(b) backward castes consisting of 115 castes and (c) backward tribes consisting of 61 tribes. According to the Commission, backward communities were those castes whose student average of students passing SSLC examination in 1972 per thousand of population was below the State average (which was 1.69 per thousand) but above 50 per cent of the State average and backward castes and backward tribes were those castes and tribes whose student average was below 50 per cent of the State average except in the case of Dombars and Voddars and those who were Nomadic and de-notified tribes. The total
population of these backward classes (other than Scheduled Castes and Scheduled Tribes), according to the Commission, was about 45 per cent of total population of the State. The difference between the two lists-one under Article 15(4) and the other under Article 16(4) of the Constitution was due to the exclusion of certain communities, castes and tribes which were socially and educationally backward but which had adequate representation in the services from the list prepared for the purpose of Article 16(4). The Commission recommended both for purposes of Article 15(4) and Article 16(4) the percentage of reservations: (i) Backward communities 16 per cent; (ii) Backward Castes 10 per cent; and (iii) Backward Tribes 6 per cent and total 32 per cent. The reservation of 32 per cent along with 18 per cent reserved for Scheduled Casts and Scheduled Tribes together amounted to 50 per cent of the total seats or posts, as the case may be. The Commission further recommended if seats/posts remained unfilled in the quota allotted to backward tribes, they should be made over to backward communities and backward castes Similarly if seats/posts remain unfilled in the quota allotted to backward castes, they should be made over to backward communities and backward tribes If, however, seats/posts remain unfilled in the quota allotted to any of those three categories, they
should be made over to Scheduled Castes and Scheduled Tribes. In the event of seats/posts remaining unfilled by any of these categories they should be transferred to the general pool.After considering the said Report, the State Government issued an order A dated
shall be entitled to special treatment under these Articles and (b) that five categories, namely; an actual cultivator, an artisan, a petty businessman, one holding an appointment either in Government service or corresponding services under private employment including casual labour; and any person self employed or engaged in any occupation involving manual labour" of citizens shall be considered as a special group such citizens of this special group whose family income is Rs. 4,800 (Rupees four thousand and eight hundred only) and below per annum shall be eligible for special treatment under the two Articles. The order further noted that (i)
Family income means income of the citizen and his parents and if either of the parents is dead, his legal guardian; and (b) to fix the reservation for purposes of Articles
15(4) and 16(4) of the Constitution in respect of the Backward classes and the special group of citizens at 40 per cent, the allocation being -Backward Communities (20 per cent), Backward castes (10 per cent, Backward Tribes (5 per cent), and special group (5 per cent). In the list of
backward communities mentioned in the Government order, the State Government included ' Muslims' thus making a total of 16 backward communities. In the list of backward castes there were 129 castes including converts into Christianity from Scheduled Castes/Scheduled Tribes upto second generation and 62 Scheduled Tribes. The reservation for backward classes was 40 percent and taken along with 18 per cent for Scheduled Castes and Scheduled Tribes, the total
reservation of seats/posts came to 58 per cent leaving only 42 per cent for merit pool.
The Government order dated
Ors. v State of Karnataka & Ors (Writ Petition No 43;1 of 1977 and connected writ petition disposed of on April 9, 1979). Allowing the petitions; the High Court quashed (i) the inclusion of `Arasu' community in the list of 'Backward Communities' both for purposes of Article 15(4) and Article 16(4); (ii) the inclusion of the (a) Balija (b) Devadiga (c) Ganiga (d) Nayinda (e) Rajput and (f) Satani in the list of backward communities and the inclusion of (a) Banna (b) Gurkha (c) Jat (d) Konga (e) Kotari (f) Koyava (g) Malayali (h) Maniyanani or (Muniyani) (i) Padatti (j) Padiyar (k)Pandavakul (l) Raval and (m) Rawat in the list of backward classes for purposes of Article 16(4) of the Constitution;and (iii) reservation of 20 percent made for Backward communities in the State Civil Services under Article 16(4), reserving liberty to the State Government to determine the extent of reservation in accordance with law. The classification and reservation in other respects was upheld. Special Leave Petitions (Civil) No. 6656 of 1979 and 985411979 are filed against the said Judgment of the High Court under Article ] 36 of the Constitution. After the said judgment of the High Court, by an order dated
The following propositions on the issue of reservation may serve as a guideline to the Commission which the Government of Karnataka proposes to appoint, for examining the question of affording better employment and educational opportunities to Scheduled Castes, Scheduled Tribes and other Backward Classes which problem is a burning issue to-day.
1. The reservation in favour of scheduled castes and scheduled tribes must continue as to present, there is, without the application of a means test, for a further period not exceeding fifteen years. Another fifteen years will make it fifty years after the advent of the Constitution, a period reasonably long for the upper crust of the oppressed classes to overcome the baneful effects of social oppression, isolation and humiliation. [376 C-D]
2. The means test, that is to say, the test of economic backwardness ought to be made applicable even to the Scheduled Castes and Scheduled Tribes after the period mentioned in (1) above. It is essential that the privileged section of the underprivileged society should not be permitted to monopolise preferential benefits for an indefinite period of time. [376E-F]
3. In so far as the Other Backward Classes are concerned, two tests should be conjunctively applied for identifying them for the purpose of reservations in
employment and education: One, that they should be comparable to the Scheduled Castes and Scheduled Tribes in the matter of their backwardness; and two, that they should satisfy the means test such as a State Government may lay down in the context of prevailing economic conditions. [376
F-G] 4. The policy of reservations in employment, educationand legislative institutions should be reviewed every five years or so. That will at once afford an opportunity (i) to the State to rectify distortions arising out of particular facts of the reservation policy and (ii) to the people, both backward and, non- backward, to ventilate their views in a public debate on the practical impact of A the policy of reservations. [376 H; Per Desai J For a period of three and half decades, the unending search for identifying socially and educationally backward classes of citizens has defined the policy makers, the interpreters of the policy as reflected in statutes or executive administrative orders and has added a spurt in the reverse direction, namely, those who attempted to move upward (Pratilom) in the social hierarchy have put the
movement in reverse gear so as to move downwards (Anulom) in
order to be identified as a group or class of citizens
socially and educationally backward. The Constitution
promised an egalitarian society; it was a caste ridden
stratified hierarchical society. Therefore, in the early
stages of the functioning of the Constitution it was
accepted without dissent or dialogue that caste furnishes a
working criterion for identifying socially and educationally
backward class of citizens for the purpose of Article
15(4).[377 D-G]
The language of Article 15(4) refers to 'class' and not
caste. Preferential treatment which cannot be struck down as
discriminatory was to be accorded a class, shown to be
socially and educationally backward and not to the members
of a case who may be presumed to be socially and
educationally backward. [378 A B]
It is clear from the decisions of the Supreme Court
that same vacillation on the part of the judiciary on the
question whether the caste should be the basis for
recognising the backwardness. Judiciary retained its
traditional blindfold on its eyes and thereby ignored
perceived realities. The expression `backward classes' is
not defined. Courts, therefore have more or less in the
absence of well-defined criteria not based on caste label
has veered round to the view that in order to be socially
and educationally backward classes, the group must have the
same indicia as Scheduled Castes and Scheduled Tribes. [378
E; 384 E-F]
State of
[1951] SCR 525; M R. Balaji & Ors v State of Mysore [1963]
Supp. 1 SCR 439; T. Devadesan v The Union of India & Anr
[19641 4 SCR 680; R. Chitralekha & Anr. v State of
Ors. [1964] 6 SCR 368; Triloki Nath & Anr v. State of
JUDGMENT:
State of Jammu & Kashmir & Ors [1969] I SCR 103; A.
Peeriakaruppan etc. v. State of
State of
SCR 247; Janki Prasad Parimoo & Ors etc etc v State of Jammu
& Kashmir & Ors. [ 1973] 3 SCR 236; State of
Pradip Tandon & Ors [1976] 2 SCR 761; State of Kerala & Anr
v N M Thomas & Ors. 11976l 1 SCR 906; Kumari K S Jayasree &
Anr v The State of Kerala & Anr. [1977] 1 SCR 194; and Akhil
Bhartiya Soshit Karamchari Sangh (Railway) represented by
its Assistant General Secretary on behalf of the Association
v Union of India & Ors. [1981] 2 SCR 185, referred to.
A caste is a horizontal segmental division of society
spread over a district of a region or the whole State and
also sometimes outside it. The
359
concept of purity and impurity conceptualises the caste
system. There are four essential features of the caste
system which maintained in homo hierarchicus character; (i)
hierarchy (ii) commensality (iii) restrictions on marriage
and (iv) hereditary occupation. Most of the caste are
endogamous groups. Inter-marriage between two groups is
impermissible. But `Pratilom' marriages are not wholly
unknown. Similarly with the onward movement of urbanisation,
members of various castes are slowly giving up, traditional
occupations and the pure impure avocations is being frowned
upon by developing notion of dignity of labour. As the
fruits of independence were unequally distributed amongst
various segments of the society, in each caste there came
into existence a triple division based on economic
resurgence amongst the members of the caste. Those who have
become economically well off have acquired an upper class
status (class consciousness) and the one on the step below
is the middle class and the third one belongs to poorer
section of the caste. This led to the realisation that caste
culture does not help economic interest. In fact the upper
crust of the same caste is verily accused of exploiting the
lower strata of the same caste. Therefore, the basis of the
caste system namely, purity and pollution is slowly being
displaced by the economic condition of the various segments
of the same caste. It is recognised on almost all hands that
the important feature of the caste structure are
progressively suffering erosion. The new organisation, the
so-called caste organisation, is substantially different
from the traditional caste structure and caste councils.
Economic differentiation amongst the members of the caste
has become sharp, but not so sharp as to bury caste
sentiments and ties. In the face of this transformation of
the caste structure, caste label can not be accepted as the
basis for determining social and educational backwardness,
but the class or the social group should be examined [385 C-
H; 386 A-D]
Caste in rural society is more often than not mirrored
in the economic power wielded by it and vice versa. Social
hierarchy and economic position exhibit an undisputable
mutuality. The lower the caste, the poorer its members. The
poorer the members of a caste, the lower the caste. Caste
and economic situation, reflecting each other as they do are
the Deus ex-Machina of the social status occupied and the
economic power wielded by an individual or class in rural
society. Social status and economic power are so woven and
fused into the caste system in Indian rural society that one
may, without hesitation, say that if poverty be the cause,
caste is the primary index of social backwardness, so that
social backwardness is often readily identifiable with
reference to a person's caste So sadly and oppressively
deep-rooted is caste in our country that it has cut across
even the barriers of religion. The caste system has
penetrated other religious and dissentient Hindu sects to
whom the practice of caste should be anathema and today we
find that practitioner of other religious faiths and Hindu
dissentients are some times as rigid adherents to the system
of caste as the conservative Hindus. [386 E-H]
Shared situation in the economic hierarchy, caste
gradation, occupation, habitation, style of consumption,
standard of literacy and a variety of such other factors
appear to go to make towards social and educational
backwardness. Thus there is a mad rush for being recognised
as belonging to a caste
360
which by its nomenclature would be included in the list of
socially and A educationally backward classes. Certain
castes are known by a number of synonymy which vary from one
region to the other and making their complete coverage
almost impossible. The only way out would in such a
situation is to treat, if a particular caste has been
treated as backward, all its synonyms whether mentioned in
the State lists or not as backward. Again, some of the
castes just for the sake of being considered socially and
educationally backward, have degraded themselves to such an
extent that they had no hesitation in attributing different
types of vices to and associating other factors indicative
of backwardness, with their castes. The only remedy for such
a malaise is to devise a method for determining socially and
educationally backward classes without reference to caste,
beneficial to all sections of people irrespective of the
caste to which they belong. [387 B-H; 388 A]
A few other aspects for rejecting caste as the basis
for identifying social and educational backwardness are: (i)
If State patronage for preferred treatment accepts caste as
the only insignia for determining social and educational
backwardness; the danger looms large that this approach
alone would legitimise and perpetuate caste system. It does
not go well with our proclaimed secular character as
enshrined in the Preamble to the Constitution.
The
assumption that all members of some caste are equally
socially and educationally backward is not well-founded.
Such an approach provides an over simplification of a
complex problem of identifying the social and educational
backwardness: (ii) it is recognised reservation has been
usurped by the economically well-placed section in the same
caste; and (iii) the caste is, as is understood in Hindu
Society unknown to Muslims, Parsis, Jews etc. As such, caste
criterion would not furnish a reliable yardstick to identify
socially and educationally backward group in the aforesaid
communities though economic backwardness would.
[388 P-G; 389 A;F]
Therefore, the only criterion which can be
realistically devised is the one of economic backwardness.
To this may be added some relevant criteria such as the
secular character of the group, its opportunity for earning
livelihood etc, but by and large economic backwardness must
be the load-star. [389 F]
Chronic poverty is the bane of Indian Society. Market
economy and money spinning culture has transformed the
general behaviour of the society towards its members. Upper
caste does not enjoy the status or respect, traditional,
voluntary or forced any more even in rural areas what to
speak of highly westernised urban society. The bank balance,
the property holding and the money power determine the
social status of the individual and guarantee the
opportunities to rise to the top echelon. How the wealth is
acquired has lost significance. Purity of means disappeared
with Mahatma Gandhi and we have reached a stage where ends
determine the means. This is the present disturbing
situation whether one likes it or not. [389 G-H; 390 A-B]
Reservation in one or other form has been there for
decades. If a survey is made with reference to families in
various castes considered to be socially and educationally
backward, about the benefits of preferred treatment, it
would
361
unmistakably show that the benefits of reservations are
snatched away by the top creamy layer of the backward
castes. This has to be avoided at any cost.
[390 E]
If economic criterion for compensatory discrimination
or affirmative action is accepted, it would strike at the
root cause of social and educational backwardness, and
simultaneously take a vital step in the direction of
destruction of caste structure which in turn would advance
the secular character of the Nation. This approach seeks to
translate into reality the twin constitutional goals: one,
to strike at the perpetuation of the caste stratification of
the Indian Society so as to arrest progressive movement and
to take a firm step towards establishing a casteless
society; and two, to progressively eliminate the
disadvantageous sections of the society to raise their
position and be part of the mainstream of life which means
eradication of poverty. However, this does not deal with
reservation in favour of Scheduled Castes and Scheduled
Tribes. Thousands of years of discrimination and
exploitation cannot be wiped out in one generation. But even
here economic criterion is worth applying by refusing
preferred treatment to those amongst them who have already
benefited by it and improved their position. And finally
reservation must have a time span otherwise concession tend
to become vested interests. [391 E-H; 392 A]
Per Chinnappa Reddy .r.
The paradox of the system of reservation that may be
made under Articles 15(4),16(4) read with 29(2) of the
Constitution is that it has engendered a spirit of self
denigration among the people. Nowhere else in the world do
castes, classes or communities queue up for the sake of
gaining the backward status. Nowhere else in the world is
there competition to assert backwardness and to claim 'we
are more backward than you'. This is an unhappy and
disquieting situation, but it is stark reality. [392 E-F]
2. The Scheduled Castes, the Scheduled Tribes and other
socially and educationally backward classes, all of whom
have been compendiously described as 'the weaker sections of
the people', have long journeys to make unsociety. They need
aid; they need facility; they need launching; they need
propulsion. Their needs are their demands. The demands are
matters of right and not of philanthropy. They ask for
parity, and not charity. They claim their constitutional
right to equality of status and of opportunity and economic
and social justice. Several bridges have to be erected, so
that they may cross the Rubicon. Professional education and
employment under the State are thought to be two such
bridges. Hence the special provision for advancement and for
reservation under Articles 15(4) and 16(4) of the
Constitution. [393 C-D]
3. Courts are not necessarily the most competent to
identify the backward classes or to lay down guidelines for
their identification except in a broad and very general way.
Courts are not equipped for that; Courts have no legal
barometers to measure social backwardness and are truly
removed from the people, particularly those of the backward
classes, by layer upon layer of gradation and degradation.
And,
362
vary from State to State, region to region, 'district to
district and from one A ethnic religious, linguistic or
caste group to another. A test to identify back ward classes
which may appear appropriate when applied to one group of
people may be wholly inappropriate and unreasonable if
applied to another group of people. There can be no
universal test; there can be no exclusive test; there can be
no conclusive test. In fact, it may be futile to apply and
rigid tests. One may to look at the generality and the
totality of the situation. [398 A-C]
4. Before attempting to lay down any guideline for the
purpose of determining the methods to be adopted for
identifying the socially and educationally backward classes
one should guard against the pitfalls of the traditional
approach to the question, which has generally been superior,
elitist and, therefore, ambivalent. The result is that the
claim of the Scheduled Castes and Scheduled Tribes and other
backward classes to equality as a matter of human and
constitutional right is forgotten and their rights are
submerged in what is described as the "Preferential
principle" or "protective or compensatory discrimination".
Unless these superior, patronising and paternalist attitudes
are got rid off. It is difficult to truly appreciate the
problems involved in the claim of the Scheduled Castes,
Scheduled Tribes and other backward classes for their
legitimate share of the benefits arising out of their
belonging to humanity and to a country whose constitution
preaches justice, social, economic and political and
equality of status and opportunity for all. [393 E-H]
5. There is neither statistical basis nor expert
evidence to support the assumption that efficiency will
necessarily be impaired if reservation exceeds 50%, if
reservation is carried forward or if reservation is extended
to promotional posts. The word 'efficiency' is neither
sacro-sanct nor is the sanctorum has to be fiercely guarded.
'Efficiency' is not a Mantra which is whispered by the Guru
in the Sishya's ear. The mere securing of high marks at an
examination may not necessarily mark out a good
administrator. An efficient administrator, one takes it,
must be one who possesses among other qualities the capacity
to understand with sympathy and, therefore, to tackle
bravely the problems of a large segment of population
constituting the weaker sections of the people. This does
not mean that efficiency in civil service is unnecessary or
that it is a myth. However, one need not make a fastidious
fetish of it. It may be that for certain posts, only the
best may be appointed and for certain courses of study only
the best may be admitted. If so, rules may provide for
reservation for appointment to such posts and for admission
to such courses. The rules may provide for an appropriate
method of selection. It may be that certain posts require a
very high degree of skill or efficiency and certain courses
of study require a high degree of industry and intelligence.
If so, the rules may prescribe a high minimum qualifying
standard and an appropriate method of selection. Different
minimum standards and different modes of selection may be
prescribed for different posts and for admission to
different courses of study having regard to the requirements
of the posts and the courses of study. But, efficiency
cannot be permitted to be used as a camouflage to let the
upper classes monopolise the services, particularly the
higher posts and the professional institutions. In view of
Articles 15(4) and 16(4), the so called
363
controversy between the moratorium and compensatory
principles is not of any significance. [395 D; G-H; 396 C-G;
397 F]
6. The three dimensions of social inequality are class,
status and power. Everyone of these three dimensions are
intimately and inextricably connected with economic
position. Viewed from any of these three dimensions it is
clear that the economic factor is at the bottom of
backwardness and poverty is the culprit cause and the
dominant characteristic. The economic power has firm links
with the castes system, land and learning, two of the
primary sources of economic power in India have been the
monopoly of the superior castes. Social status and economic
power are so woven and fused into the caste system in Indian
rural society that one may, without hesitation, say that if
poverty be the cause, caste is the primary index of social
backwardness, so that social backwardness is often readily
identifiable with reference to a person's caste. Shared
situation in the economic hierarchy, caste gradation,
occupation, habitation, style of consumption, standard of
literacy and a variety of such other factors appear to go to
make towards social and educational backwardness. [398 F;
399 C-H 400 G-H]
7. " The backward classes of citizens" referred to in
Article 16(4), despite the short description, and the same
as 'the socially and educationally backward classes of
citizens and the scheduled castes and the scheduled tribes'
so fully described in Article 15(4). Again the ' special
provision for advancement' is a wide expression any may
include many more things besides 'mere reservation of seats
in colleges It may be by way of financial assistance, free
medical, educational and hostel facilities, scholarships,
free transport, concessional or free housing, exemption from
requirements insisted upon in the case of other classes and
so on. Under Article 16(4), reservation is to be made to
benefit those backward classes, who in the opinion of the
Government are not adequately represented, in the services.
Reservation must, therefore, be aimed at securing adequate
representation. It must follow that the extent of
reservation must match the inadequacy of representation.
There is no reason why this guideline furnished by the
Constitution itself should not also be adopted for the
purposes of Article 15(4) too. The reservation of seats in
professional colleges may conveniently be determined with
reference to the inadequacy of representation in the various
professions. Similarly, the extent of reservation in other
colleges may be determined with reference to the inadequacy
in the number of graduates, etc. Naturally, if the lost
ground is to be gained, the extent of reservation may even
have to be slightly higher than the percentage of population
of the backward classes. [403 H; 404 A-F]
8. The ordinary rules of statutory interpretations
cannot be applied to interpret constitutional instruments
which are sui generis and which deal with situations of
significance and consequence. The Constitution must be given
a generous interpretation so as to give all its citizens,
the full measure of justice promised by it. [406 D-E]
There is no reason whatever to narrow the concept of
equality in Article 16(1) and refuse to read into it broader
concepts of social justice and equality. In fact it is
necessary to read Article 16(1) so as not to come into any
conflict
364
with Articles 46 and 335. A constitutional document must be
read so as to synthesise its provisions and avoid
disharmony. To say that equality means that unequals cannot
be treated equally is merely to say what is self-evident and
common place. Article implies it and it is not implied in
Article 16(1) also. True, on a first glance, Article 16(4)
appears to save power of the State to make provision for the
reservation of appointments and posts in favour of any
backward class of citizens, but a second look shows that it
really recognises a pre-existing power and expresses the
recognition in an emphatic way lest there should be any
doubt caste upon that power. Such a device is not unknown to
legislatures and constitution making bodies. Article 16(4)
is more in the nature of a rule of interpretation to guide
the construction of Article 16(1). The possibility of
interpreting Article 16(1) so as to promote the narrower
equality rather than the greater equality is excluded by
Article 16(4). [425-CE]
9. The test of nearness to the conditions of existence
of the Scheduled Castes would practically nullify the
provision for reservation for socially and educationally
Backward Classes other then Scheduled Castes and Tribes,
would perpetuate the dominance of existing upper classes,
and would take a substantial majority of the classes, who
are between the upper classes and the Scheduled Castes and
Tribes out of the category of backward classes and put them
at a permanent disadvantage. Only the 'enlightened' classes
of body will capture all the 'open' posts and seats and the
reserved posts and seats will go to the Scheduled Castes and
Tribes and those very the Scheduled Castes and Tribes. 1 he
bulk of these behind the 'enlightened' classes and ahead of
the near Scheduled Castes and Tribes would be left high and
dry, with never a chance of improving themselves. [406 G-H;
407 A)
10. On principle, there can be a classification in to
Backward Classes and More Backward Classes, if both classes
are not merely a little behind but far behind the most
advanced classes. In fact such a classification would be
necessary to held the More Backward Classes; otherwise those
of the Backward Classes who might be a little more advanced
than the More Backward Classes might walk away with all the
seats, just as, if reservation was confined to the More
Backward Classes and no reservation was made to the slightly
more advanced Backward Classes, the most advanced Classes
would walk away with all the seats available for the general
category leaving none for the Backward Classes. [409 A-D]
11. As to the adoption of the test average student
population in the last three High School Classes of all High
Schools in the State in relation to a thousand citizens of
that community as the basis for assessing relative
backwardness, the adoption of a lower basis may give a false
picture. After all, if one is considering the question of
admission to professional colleges or of appointment to
posts, the basis possibly should be the average number of
students of that community who have passed the examination
prescribed as the minimum qualification for admission to
professional colleges, say in the last three years and
perhaps the average number of persons of that community who
have graduated in the last three years, since graduation is
generally, the mini mum extent qualification for most posts
possibly, the extent of reservation may even vary with
reference to the class of post. [490 D-H]
365
12. The percentage of reservation is not a matter upon
which a Court may pronounce with no materials at hand. For a
Court to say that reservations should not exceed 40 per
cent, 50 per cent or 60 per cent would be arbitrary and the
Constitution does not permit us to be arbitrary. [410 E-F]
13. From the historical and sociological background of
caste and class the philosophy, the reason and the rhetoric
behind reservation and anti-reservation, the Constitutional
provisions and the varying judicial stances, the following
emerges; (a) clearly there exist large sections of people
who are socially and educationally backward who stand midway
between the forward classes such as the landed, the learned,
the priestly and the trading classes on one side and the
out-caste and depressed classes, i.e. the Scheduled Castes
and the Scheduled Tribes on the other;(b) Poverty, Caste,
occupation and habitation are the principal factors which
contribute to brand a class as socially backward. The
customs which they honour and observe, the rituals which
they fear and practice the habits to which they adapt and
conform, the festivals which they enjoy and celebrate and
even the Gods that they revere and worship are enlightening
elements in recognising their social gradation and
backwardness; (c) Amongst very many classes and communities
considered socially inferior, child marriage persists, the
rule of Saptapadi is not followed; divorces are granted by a
caste panchayat; (d) dress and work habit is yet another
indication that economic situation and social situation
often reflect each others; (e) there are many other customs,
rituals or habits of significance mark out the socially
backward class; (f) the weight to be attached to these
factors depends upon the circumstances of the case which can
only be revealed by thoughtful, penetrating investigation
and analysis. It cannot be done by means of mathematical
formulae but only by looking in the round or taking a look
at the entire situation. Sometimes it may be possible to
readily identify certain castes or social groups as a whole
as socially forward or socially backward classes. Poverty,
of course, is basic, being the root cause as well as the
rueful result of social and educational backwardness But
mere poverty it seems is not enough to invite the
constitutional branding because of the vast majority of the
people of our country are poverty-struck but some among them
are socially and educationally forward and others backward.
In a country like India where 80 per cent of the people live
below the breadline, even the majority of the so called
socially forward classes may be poor. In the rural social
ladder they are indeed high up and despite the economic
backwardness of sizeable sections of them, they cannot be
branded as socially backward. On the other hand, there are
several castes or other social groups who have only to be
named to be immediately identified as socially and
economically backward classes, identified as socially
backward classes. [431 F-H; 432 A-F; 433 A-E]
R. Chitralekha v. State of Mysore, [1964] 6 SCR 368;
Rajendran v. State of Madras,1968] I SCR 721; State of
Andhra Pradesh v. P. Sagar, [1968]3 SCR 595; Triloki Nath v.
State of Jammu & Kashmir, [1969] 1 SCR 103; A.
Peeriakaruppan v. State of Tamil Nadu. 1197]] 1 8CC 38;
State of Andhra Pradesh v. Balram AIR 1972 SC 1375; State of
Uttar Pradesh v. Pradeep Tandon 11975l 2 SCR 761; X.S.
Jayasree v. State of Kerala [1976] 3 SCC 730; State of
Kerala v. N.M. Thomas [1976] I SCR 906; Akhil Bhartiya
Soshit Karamchari Sangh v Union of India & Ors. [1981] 1 SCR
185 referred to.
366
(g) True, a few members of those caste or social groups may
have progressed far enough and forged ahead so as to compare
favourably with the leading forward classes economically,
socially and educationally. In such cases, per haps and
upper income ceiling would secure the benefit of reservation
to such of these members of the class who really deserve it;
(h) In the cases of poorest sections of the forward classes,
the State will have to-and it is the duty of the State to
do-to discover means of assisting them means other than
reservations under Article 15(4) and 16(4). [433 G-H]
14. In the ultimate analysis, attainment of economic
equality is the final and the only solution to the besetting
problems. There is also one danger in adopting individual
property as the criterion to identify a member of the
backward classes. The truly lower classes who need the
certificate most to prove their poverty will find it
difficult to get the certificate from the official or the
legislator or any named person [434 B-C]
15. Class poverty, not individual poverty, is therefore
the primary test. Other ancillary tests are the way of life,
the standard of living, the place in the social hierarchy,
the habits and customs, etc. etc. Despite individual
exceptions, it may be possible and easy to identify social
backwardness with reference to caste, with reference to
residence, with reference to occupation or some other
dominant feature. notwithstanding our antipathy to caste and
sub-regionalism, these are facts of life which cannot be
wished away. If they reflect poverty which is the primary
source of social and educational backwardness, they must be
recognised for what they are along with other less primary
sources. There is and there can be nothing wrong in
recognising poverty wherever it is reflected as an
identifiable group phenomena whether you see it as a caste
group, a sub regional group, an occupational group or some
other class. Once the relevant factors are taken into
consideration, how and where to draw the line is a question
for each State to consider since the economic and social
conditions differ from area to area. Once the relevant
conditions are taken into consideration and the backwardness
of a class of people is determined, it will not be for the
court to interfere in the matter. But certainly, judicial
review will not stand excluded. [334 D-G]
Per A.P. Sen, J.
1. Conceptually, the making of special provisions for
the advancement of backward classes of citizens under Art.
15(4) and the system of reservation of appointments or posts
as envisaged by Art. 16(4) as guaranteed in the
Constitution, is a national commitment and a historical need
to eradicate age-old social disparities in our country. But
unfortunately the policy of reservation higher to formulated
by the Government for the upliftment of such socially and
educationally backward classes of citizens is caste-oriented
while the policy should be based on economic criteria. Then
alone the element of caste in making such special provisions
or reservations under Arts. 15(4) and 16(4) can be removed.
[435B-D]
2. It is true that mere economic backwardness would not
satisfy the rest of educational and social backwardness
under Article 15(4), and is only
367
One of several tests to be adopted. The predominant and the
only factor for making special provisions under Article
15(4) or for reservations of posts and appointments under
Art. 16(4) should be poverty, and caste or a sub-caste or a
group should be used only for purposes of identification of
persons comparable to Scheduled Castes or Scheduled Tribes,
till such members of backward classes attain a state of
enlightenment and there is eradication of poverty amongst
them and they become equal partners in a new social order in
our national life. [435 H; 436 C-D]
3. The adequacy or otherwise of representation of the
backward classes in the services has to be determined with
reference to the percentage of that class in the population
and the total strength of the service as a whole. The
representation does not have to exactly correspond to the
percentage of that class in the population; it just has to
be adequate. Moreover, in the case of services the extent of
representation has to be considered by taking into account
the number of members of that class in the service, whether
they are holding reserved or unreserved posts. [436 E-F]
4. The State should give due importance and effect to
the dual constitutional mandates of maintenance of
efficiency and the equality of opportunity for all persons.
The nature and extent of reservations must be rational and
reasonable. The state of backwardness of any class of
citizens is a fact situation which needs investigation and
determination by a fact finding body which has the expertise
and the machinery for collecting relevant data. The
Constitution has provided for the appointment of such a
Commission for Backward Classes by the President under Art.
340 to make recommendations and left if to the States to
make special provisions for advancement of such backward
classes. It may be, and often is, difficult for the Court to
draw the line in advance which the State ought not to cross,
but it is never difficult for the Court to know that an
invasion across the border, however ill-defined, has taken
place. The Courts have neither the expertise nor the
sociological knowledge to define or lay down the criteria
for determining what are 'socially and educationally
backward classes of citizens' within the meaning of Art.
15(4) which enables the State to make 'special provisions
for the advancement' of such classes notwithstanding the
command of Art. 15(2) that the State shall not discriminate
against any citizens on the ground only of religion, race,
caste, descent, place of birth, residence or any of them.
The Supreme Court is ill-equipped to perform the task of
determining whether a class of citizens is socially and
educationally backward, but, however a duty to interpret the
Constitution and to see what it means and intends when it
makes provision for the advancement of socially and
educationally backward classes. In considering this
situation then, Courts must never forget that it is the
Constitution they are expounding. Except for this, the Court
has very little or no function.
[436 G-H; 437 A-D]
5. The Preamble to our Constitution shows the nation's
resolve to secure to all its citizens: Justice-Social,
economic and political. The State's objective of bringing
about and maintaining social justice must be achieved
reasonably having regard to the interests of all. Irrational
and unreasonable moves by the State will slowly but surely
tear apart the fabric of society. It is primarily the
368
duty and function of the state to inject moderation into the
decisions taken under Arts. 15(4) and 16(4), because
justice lives in the hearts of men and a growing sense of
injustice and reverse discrimination, fueled by unwise State
action, will destroy, not advance, social justice. If the
State contravenes the constitutional mandates of Art. 16(1)
and Art. 335, the Supreme Court will of course, have to
perform its duty. [437 F-G]
6. The extent of reservation under Art. 15(4) and Art.
16(4) must necessarily vary from State to State and from
region to region within a State, depending upon the
conditions prevailing in a particular State or region, of
the Backward Classes. Since the problems pertaining in
reservation can never be resolved through litigation in the
Courts, the Central Government should consider the
feasibility of appointing a permanent National Commission
for Backward Classes which must constantly carry out
sociological and economic study from State to State and from
region to region within a State. The framers of the
Constitution by enacting Art. 340 clearly envisaged the
setting up of such a high-powered National Commission for
Backward Classes at the Centre. [437 H; 438 A-B]
7. The doctrine of protective discrimination embodied
in Arts. 15(4) and 16(4) and the mandate of Art. 29(2)
cannot be stretched beyond a particular limit. The State
exists to serve its people. There are some services where
expertise and skill are of the essence. Medical services
directly affect and deal with the health and life of the
populace. Professional expertise, born of knowledge and
experience, of a high degree of technical knowledge and
operational skill is required of pilots and aviation
engineers. The lives of citizens depend on such persons.
There are other similar fields of governmental activity
where professional, technological, scientific or other
special skill is called for. In such services or posts under
the Union or States, there can be no room for reservation of
posts; merit alone must be the sole and decisive
consideration for appointments. [438 C-E]
Per Venkataramiah, J.
1. Equality of opportunity revolves around two dominant
principles- (i) the traditional value of equality of
opportunity; and (ii) the newly appreciated-not newly
conceived-idea of equality of results. The Society which
cherishes the ideal of equality has to define the meaning
and consent of the concept of equality and the choices open
to it to bring about an egalitarian society would always be
political. But the Courts have been forced to scrutinise a
variety of choices, while society for which they have to
answer has been issuing a proliferation of demands. Many
inequalities in the past seemed almost to have been part of
the order of nature. The Courts, however deal with the
problems that society presents. `Levels of awareness and
corresponding senses of grievance have arisen at different
times for particular historical reasons often tending to
differentiate among the categories of equality rather than
unifying them. Inequalities of class, race, religion and sex
have presented themselves at different periods as primary
grievances'. The Courts must remind themselves that for
those who are suffering from deprivation of inalienable
rights, gradualism can never be a sufficient remedy. Ours is
a 'struggle for status, a struggle
369
to take democracy off parchment and give it life.' 'Social
injustice always balances its books with red ink'. Neither
the caprice of personal taste nor the protection of vested
interests can stand as reasons for restricting opportunities
of any appropriately qualified person. These are the
considerations which sometimes may be conflicting that
should weigh with the courts while dealing with cases
arising out of the doctrine of equality. It should, however,
be remembered that the courts by themselves are not in a
position to bring the concept of equality into fruitful
action. They should be supported by the will of the people
of the Government and of the legislators. These should be an
emergence of united action on the part of all segments of
human society. This is not all. Mere will to bring about
equality under the existing economic level might worsen the
situation. There should be at the same time a united action
to increase the national resources so that the operation of
equality will be less burdensome and every member of the
society is carried to a higher social and economic level
leaving nobody below a minimum which guarantees all the
basic human needs to every member of the society. If there
is no united action the pronouncements by courts would
become empty words as many of the high principles
adumberated in the chapter on the Directive Principles of
State Policy in the Constitution have turned out to be owing
to several factors. [440 B-H; 441 A]
2. The need for social action is necessitated by the
environmental factors and living conditions of the
individuals concerned. The application of the principle of
individual merit, unmitigated by other considerations may
quite often lead to inhuman results 1441 G]
3. An examination of the question of the background of
the Indian Social conditions-caste ridden atmosphere shows
that the expression "backward classes" used in the
Constitution referred only to those who were born in
particular castes, or who belonged to particular races or
tribes or religious minorities which were backward. This is
so because a caste is based on various factors, sometimes it
may be a class, a race or a racial unit and the caste of a
person is governed by his birth in. the family. [459 E; 457
F]
It is significant that the expression "backward
classes" used in Part XVI of the Constitution and in
particular in Article 338(3) is used along with the
Scheduled Castes, the Scheduled Tribes and the Anglo-Indian
Community. The meaning of "backward classes" has, therefore,
to be deduced along with the other words preceding it. [462
G]
It is a rule of statutory construction that where there
are general words following particular and specific words,
the general words must be confined to things of the same
kind as those specified. It is true that this rule which is
called as the ejusdem generise rule or the rule noscitur a
sociis cannot be carried too far. But it is reasonable to
apply that rule where the specific words refer to a distinct
genus or category. [462 H; 463 A]
Part XVI of the Constitution deals with certain
concessions extended to certain castes, tribes and races
which are Scheduled Castes and Scheduled Tribes and to the
Anglo-Indian community. In the context if Article 338(3) and
370
Article 340 are construed, the expression 'backward classes'
can only refer to A certain castes, races tribes or
communities or parts thereof other than Scheduled Castes,
Scheduled Tribes and the Anglo-Indian community, which are
backward. Clause (6) of the resolution regarding the aims
and objects of the Constitution moved by Pandit Jawaharlal
Nehru on December 13, 1946 and the history of the enactment
of Part XVI of the Constitution by the Constituent Assembly
lead to the conclusion that backward classes are only those
castes, races, tribes or communities, which are identified
by birth, which are backward. It is, therefore,difficult to
hold that persons or groups of persons who are backward
merely on account of poverty which is traceable to economic
reasons can also be considered as backward classes for
purposes of Article 16(4) and Part XVI of the Constitution.
[463 C-D; 466 G-H]
The Drafting Committee by qualifying the expression
"class of citizens" by "backward" in Article 16(4) of the
Constitution tried to reconcile three different points of
view and produced a workable proposition which was
acceptable to all, the three points of view being (i) that
there should be equality of opportunity for all citizens and
that every individual qualified for a particular post should
be free to apply for that post to sit for examinations and
to have his qualifications tested so as to determine whether
he was fit for the post or not and that there ought to be no
limitations, there ought to be no hindrance in the operation
of the principle of equality of opportunity; (ii) that if
the principle of equality of opportunity was to be operative
there ought to be no reservations of any sort for any class
or community all and that all citizens if they qualified
should be placed on the same footing of equality as far as
public services were concerned; and (iii) that though the
principle of equality of opportunity was theoretically good
there must at the same time be a provision made for the
entry of certain communities which have so far been outside
the administration. The whole tenor of discussion in the
Constituent Assembly pointed to making reservation for a
minority of the population including Scheduled Castes and
Scheduled Tribes which were socially backward. [465 G-H; 466
A-B]
4. In Balaji's case and in Chitralekha's case, the
Supreme Court exhibited a lot of hesitation in equating the
expression 'class' with 'caste' for purposes of Article
15(4) and 16(4) of the Constitution. The juxtaposition of
the expression 'backward classes' and 'Scheduled Castes' in
Article 15 of the Constitution, according to the above two
decisions, led to a reasonable inference that expression
'classes' was not synonymous with 'caste'. The Court while
making these observations did not give adequate importance
to the evils of caste system which had led to the
backwardness of people belonging to certain castes and the
debates that preceded the enactment of Part XVI and Article
15(4) and Article 16(4) of the Constitution. What was in
fact over looked was the history of the Indian social
institutions. The makers of the Indian Constitution very
well knew that there were a number of castes the conditions
of whose members were almost similar to the conditions of
members belonging to the Scheduled Castes and to the
Scheduled Tribes and that they also needed to be given
adequate protection in order to tide over the difficulties
in the way of their progress which were not so much due to
poverty but due to their birth in a particular caste. Part
XVI was not enacted for the
371
purpose of alleviating the conditions of poorer classes as
such which was taken care of by the provision of Part IV of
the Constitution and in particular by Article 46 and by
Article 14, Article 15(1) and Article 16(1) of the
Constitution which permitted classification of persons on
economic grounds for special treatment in order to ensure
equality of opportunity to all persons The views expressed
by the Supreme Court, however stood modified by the later
decisions. [466- D-H; 467 A-B]
Minor P. Rajendran v. State of Madras & Ors. [19681 2
SCR 786; State of Andhra Pradesh & Anr. v. P. Sagar [1968] 3
SCR 595; Triloki Nath & Anr. v. State of Jammu & Kashmir &
Ors. [19691 I SCR 103; A. Peeriakaruppan etc. v. State of
Tamil Nadu & Ors. 11971] 2 SCR 430; State of Andhra Pradesh
& Ors. v. U.S.V. Balram etc. [1972] 3 SCR 247 referred to.
5. If the view that caste or community is an important
relevant factor in determining social and educational
backwardnesses for purposes of Articles ]5(4) and 16(4) of
the Constitution, is departed from several distortions are
likely to follow and may take away from the sole purpose for
which these constitutional provisions were enacted. Several
factors such as physical disability, poverty, place of
habitation, the fact of belonging to a freedom fighter's
family, the fact of belonging to the family of a member of
the armed forces might each become a sole factor for the
purpose of Article 15(4) or Article 16(4) which were not at
all intended to be resorted to by the State for the purpose
of granting relief in such cases. While relief may be given
in such cases under Article 15(1) and Article 16(1) by
adopting a rational principle of classification, Article 14,
Article 15(4) and Article 16(4) cannot be applied to them.
Article 15(4) and Article 16(4) are intended for the benefit
of those who belong to castes/communities which ale
'traditionally disfavoured and which have suffered societal
discriminations' in the past. The other factors mentioned
above were never in the contemplation of the makers of the
Constitution while enacting these clauses. [472 A-D]
D.N. Chanchala v. State of Mysore & Ors. etc. [1971]
Supp. SCR 608; State of Kerala v. Kumari T.P. Roshana & Anr.
[1979] 2 SCR 974; Kumari M.S. Jayasree & Anr. v. State of
Kerala & Anr. [1977] 1 SCR ]94; State of Uttar Pradesh v.
Pradip Tandon & Ors. (1975) 2 SCR 761; Subhash Chandra v.
The State of U.P. & Ors. AIR 1973 All. 295; Dilip Kumar v.
The Government of U.P. & Ors. AIR 1973 All. 592 referred to.
6. Article 14 of the Constitution consists of two
parts. It asks the State not to deny to any person equality
before law. It also asks the State not to deny the equal
protection of the laws. Equality before law connotes absence
of any discrimination in law. The concept of equal
protection required the State to meet out differential
treatment to persons in different situations in order to
establish an equilibrium amongst all. This is the basis of
the rule that equals should be treated equally and unequals
must be treated unequally if the doctrine of equality which
is one of the corner stones of our Constitution is to be
duly implemented. In order to do justice amongst unequals,
the State has to resort to compensatory or protective
discrimination. Articles 15(4) and 16(4) of the Constitution
were enacted as measures of compensatory or protective
372
discrimination to grant relief to persons belonging to
socially oppressed castes and minorities. Under them, it is
possible to provide for reservation of seats in educational
institution and of posts in Government services to such
persons only. But if there are persons who do not belong to
socially oppressed castes and minorities but who otherwise
belong to weaker sections, due to poverty, place of
habitation, want of equal opportunity etc. the question
arises whether such reservation can be made in their favour
under any other provision of the Constitution such as
Article 14, Article 15(1), Article 16(1) or Article 46.
According to Thomas's case, (a) no reservation of posts can
be made in Government services for backward classes
including Scheduled Castes and Scheduled Tribes under
Article 14 or Article 16 1), and (b) preferential treatment
as was done in this case on the basis of classification
ordinarily could be given under Article 16(1) to the
Scheduled Castes and Scheduled Tribes only. Other backward
classes could not, except in exceptionally rare cases be
extended the same benefit and their only hope was Article
16(4) of the Constitution. [477 A-E; 485 G-H]
7. As to the power of the Government to make
reservations under Article 15(4) and 16(4) of the
Constitution: The determination of the question whether the
members belonging to a caste or a group or a community are
backward for the purpose of Article 15(4) and Article 16(4)
of the Constitution is not open to the Government to call
any caste or group or community as backward according to its
sweet will and pleasure and extend the benefit that may be
granted under those provisions to such caste or group or
community. The exercise of uncontrolled power by the
Government in this regard may lead to political favoritism
leading to denial of the just requirements of classes which
are truly backward. The power of the Government to classify
any caste or group or community as backward has to be
exercised in accordance with the guidelines that can be
easily gathered from the Constitution. It is now accepted
that the expressions 'socially and educationally backward
classes of citizens' and the Scheduled Castes and the
Scheduled Tribes' in Article 15(4) of the Constitution
together are equivalent to `backward classes of citizens' in
Article 16(4). [486 A-D]
Further the criterion for determining the backwardness
must not be based solely on religion, race, caste, sex or
place of birth and the backwardness being social and
educational must be similar to the backwardness from which
the Scheduled Castes and the Scheduled Tribes suffered. This
view is in conformity with the intention underlying clause 6
of the resolution regarding the aims and objects of the
Constitution moved by Jawaharlal Nehru on December 13,1946
which asked the Constitution Assembly to frame a
Constitution providing adequate safeguards for minorities,
backward and tribal area and depressed and other backward
classes and also wish the provisions of Article 338 and
Article 340 of the Constitution. Unless the above
restriction is imposed on the Government, it would become
possible for the Government to call any caste or group or
community which constitutes a powerful political lobby in
the State as backward even though in fact it may be an
advanced caste or group or community but just below some
other forward community.
[486 H; 487 C-D]
373
There is another important reason why such advanced
castes or groups or communities should not be included in
the list of backward classes and that A is that if castes or
groups and communities which are fairly well advanced and
castes and groups and communities which are really backward
being at the rock-bottom level are classified together as
backward classes, the benefit of reservation would
invariably be eaten up by the more advanced sections and the
really deserving sections would practically go without any
benefit as more number of children of the more advanced
castes or group or communities amongst them would have
scored higher marks than the children of more backward
castes or groups or communities. In that even the whole
object of reservation would become frustrated. [487 D-F]
Hence as far as possible while preparing the list of
backward classes, the State Government has to bear in mind
the above principle as a guiding factor. The adoption of the
above principle will not unduly reduce the number of persons
who will be eligible for the benefits under Article 15(4)
and Article 16(4) of the Constitution since over the years
the level of the Scheduled Castes and Scheduled Tribes is
also going up by reason of several remedial measures taken
in regard to them by the State and Central Government. At
the same time, it will also release the really backward
castes, groups and communities from the strangle-hold of
many advanced groups which have l-ad the advantage of
reservation along with the really backward classes for
nearly three decades. It is time that n ore attention is
given to those castes, groups and communities who have been
at the lowest level suffering from all the disadvantages and
disabilities (except perhaps untouchability) to which many
of the Scheduled Castes and Scheduled Tribes have been
exposed but without the same or similar advantages that flow
from being included in the list of the Scheduled Castes and
the Scheduled Tribes.
[487 H; 488 A-B]
Janki Prasad Parimoo & Ors. etc. etc. v. State of Jammu
& Kashmir & Ors. [1973l 3 SCR 236 referred to.
8. Since economic condition is also a relevant
criterion, it would be appropriate to incorporate a 'means
test' as one of the tests in determining the backwardness as
was done by the Kerala Government. These two tests namely,
that the conditions of caste or group or community should be
more or less similar to the conditions in which the
Scheduled Castes or Scheduled Tribes are situated and that
the income of the family to which the candidate belongs does
not exceed the specified limit would serve as useful
criteria in determining beneficiaries of any reservation to
be made under Article 15(4). For the purpose of Article
16(4) however, it should also be shown that the backward
class in question is in the opinion of the Government not
adequately represented in the Government services. [488 C-
i]
9. The classification styled as 'special' group which
is based on occupation-cum-income considerations and which
has received the approval in Chitralekha s case; is yet
another valid and useful test which can be adopted for the
purpose of reservation which can be more legitimately traced
to Art. 14 and not to Art. 15(4) and Art. 16(4). [491 H]
374
10. From a careful consideration of all the seven
opinions in the A Thomas s case it cannot be said that the
settled view of the Supreme Court that the reservation under
Article 15(4) or Article 16(4) could not be more than 50 per
cent has been unsettled by a majority on the Bench which
decided this case. [491 B]
11. If reservation is made only in favour of those
backward castes or clauses which are comparable to the
Scheduled Castes and Scheduled Tribes, it may not exceed 50
per cent (including 18 per cent reserved for the Scheduled
Castes and Scheduled Tribes and 15 per cent reserved for
'special group') in view of the total population of such
backward classes in the State of Karnataka. The Havanur
Commission has taken the number of students passing at SSLC
examination in the year 1972 as the basis for determining
the backwardness. The average passes per thousand of the
total population of the State of Karnataka was 1.69 in 1972.
The average in the case of the Scheduled Castes was 0.56 and
in the case of Scheduled Tribes was 0.51. Even if we take
all the castes, tribes and communities whose average is
below 50 per cent of the State average i.e. below 85 per
cent for classifying them as backward, large chunks of
population which are now treated as backward would have to
go out of the list of backward classes. Consequently the
necessity for reservation which would take the total
reservation under Article 15(4) and 1(,(4) beyond 50 per
cent of the total number of seats/posts would cease to
exist. The present arrangement has been worked for more than
five years already. It is now necessary to redetermine the
question of backwardness of the various castes, tribes and
communities for purposes of Article 15(4) and Article 16(4)
in the light of the latest figures to be collected on the
various relevant factors and to refix the extent of
reservation for backward classes. The reservation of 15% now
made under Article 15(4) and Article 16(4) but which may be
traced to Articles 14 and 16(1) to 'special group' based on
occupation-cum-income can in any event be availed of by
members of all communities and castes.
[491 C-G]
12. However, it should be made clear that if on a fresh
determination some castes or communities have to go out of
the list of backward classes prepared for Articles 15(4) and
16(4), the Government may still pursue the policy of
amelioration of weaker sections of the population amongst
them in accordance with the directive principle contained in
Article 46 of the Constitution. There are in all castes and
communities poor people who if they are given adequate
opportunity and training may be able to compete success
fully with persons belonging to richer classes. The
Government may provide for them liberal grants of
scholarships, free studentships, free boarding and lodging
facilities, free uniforms, free mid-day meals etc. to make
the life of poor students comfortable. The Government may
also provide extra tutorial facilities, stationery and books
free of cost and library facilities. These and other steps
should be taken in the lower classes so that by the time a
student appears for the qualifying examination he may be
able to attain a high degree of proficiency in his studies.
[491 H; 492 A-C]
^
&
ORIGINAL JURISDICTION: Writ Petitions NOS. 1297-98,
1407 of 1979, 4995-97 of 1980 and 402 of 1981.
375
(Under Article 32 of the Constitution of India.)
F.S. Nariman, K.N. Bhat, B. Veerbhadrappa, H.S. Renuka
Prasad, Vijay Kumar Verma, Nanjappa Ganpathy and P.K Manohar
for the Petitioners in W.P. Nos. 1297-98, of 1979.
K Chennabasappa, S.S. Javali and B.R. Agarwal for the
Petitioners in W.P. No. 1407 of 1979.
K.K Venugopal and C.S. Vaidyanathan for the Petitioners
in W.P. Nos. 4995-97180 & 402 of 1981.
R.K. Garg and A.V. Rangam, for the Respondents in W.P.
Nos. 4995-97180 and 402 of 1981.
P.H. Parekh and Gautam Philip, for the Intervener Akhil
Bharat Anusuchit Jati in W.P. Nos. 1297-98 of 1979. L3
L.G. Havenur, K.M.K. Nair and Narayana Nettar for the
Intervener President Karnataka Legislative in W.P. No. 1407
of 1979.
K Rajendra Chaudhury for the Intervener Dravida
Kazhagam in W.P. No. 402 of 1981.
KM.K. Nair for the Intervener All India Nayaka Sangh in
W.P. No. 1297-98 and 1407 of 1979.
The following Judgments were delivered:
CHANDRACHUD, C.J. : My learned Brethren have expressed
their respective points of view on the policy of
reservations which, alas, is even figuratively, a burning
issue to-day. We were invited by the counsel not so much as
to deliver judgments but to express our opinion on the issue
of reservations; which may serve as a guideline to the
Commission with the Government of Karnataka proposes to
appoint, for examining the question of affording better
employment and educational opportunities to Scheduled
Castes, Scheduled Tribes and other Backward Classes. A
somewhat unusual exercise is being undertaken by the Court
in giving expression to its views without reference to
specific facts. But, institutions profit by well-meaning
innovations. The facts will appear before the Commission and
it
376
will evolve suitable tests in the matter of reservations. I
cannot resist expressing the hope that the deep thinking and
sincerity which has gone into the formulation of the
opinions expressed by my learned Brethren will not go waste.
The proposed Commission should give its close application to
their weighty opinions. Mine is only a skeletal effort. I
reserve the right to elaborate upon it, but the chances of
doing so are not too bright.
I would state my opinion in the shape of the following
pro positions:
1 The reservation in favour of scheduled castes and
scheduled tribes must continue as at present, there is,
without the application of a means test, for a further
period not exceeding fifteen years. Another fifteen
years will make it fifty years after the advent of the
Constitution, a period reasonably long for the upper
crust of the oppressed classes to overcome the baneful
effects of social oppression, isolation and
humiliation.
2. The means test, that is to say, the test of
economic backwardness ought to be made applicable even
to the Scheduled Castes and Scheduled Tribes after the
period mentioned in (1) above. It is essential that the
privileged section of the underprivileged society
should not be permitted to monopolise preferential
benefits for an indefinite period of time.
3. In so far as the Other Backward Classes are
concerned, two tests should be conjunctively applied
for identifying them for the purpose of reservations in
employment and education: One, that they should be
comparable to the Scheduled Castes and Scheduled Tribes
in the matter of their backwardness; and two, that they
should satisfy the means test such as a State
Government may lay down in the context of prevailing
economic conditions.
4. The policy of reservations in employment,
education and legislative institutions should be
reviewed every five years or so. That will at once
afford an oppor
377
tunity (i) to the State to rectify distortions arising
out of particular facets of the reservation policy and
(ii) to the people, both backward and non-backward, to
ventilate their views in a public debate on the
practical impact of the policy of reservations.
DESAI, J `India embraced equality as a cardinal value
against a background of elaborate, valued, and clearly
perceived inequalities.'(l) 'Art. 14 guaranteed equality but
the awareness of deep rooted inequality in the society
reflected in Art. 15 and 16. Fifteen months of the working
of the Constitution necessitated amplification of Art. 15(3)
so as to ensure that any special provisions that the State
may make for the educational, economic or social advancement
of any backward class citizen, may not be challenged on the
ground of being discriminatory.'(`2) Sec. 2 thereof provided
for addition to sub Art (4) of Art. 15 For a period of three
and a half decades, the unending search for identifying
socially and educationally backward classes of citizens has
defied the policy makers, the interpreters of the policy as
reflected in statutes or executive/administrative orders and
has added a spurt in the reverse direction, namely, those
who attempted to move upward/(Pratilom) in the social
hierarchy have put the movement in reverse gear so as to
move downwards (Anulom) in order to be identified as a group
or class of citizens socially and educationally backward. As
the awareness of concessions and benefits grows with
consequent frustration on account of their non-availability
confrontation develops amongst various classes of society.
The Constitution promised an egalitarian society. At the
dawn of independence Indian Society was a compartmentalised
society comprising groups having distinct and diverse life
styles. It was a caste ridden stratified hierarchical
society. Though this is well accepted, the concept of caste
has defied a coherent definition at the hands of jurists or
sociologists.
Tn the early stages of the functioning of the
Constitution, it was accepted without dissent or dialogue
that caste furnishes a working criterion for identifying
socially and educationally backward class of citizens for
the purpose of Art. 15(4).
'This was predicated on a realistic appraisal that
caste as a principle of social order has persisted over
millennia if much more
(1) Marc Galanter-Competing Equalities 1980.
(2) Objects and Reasons Statement of the Constitution (First
Amendment) Act, 1951.
378
disorderly and asymmetrical in practice than classical Hindu
socio- legal theory depicted it'.(1) Language of Art. 15(4)
refers to 'class' and not caste. Preferential treatment
which cannot be struck down as discriminatory was to be
accorded/to a class, shown to be socially and educationally
backward and not to the members of a caste who may be
presumed to be socially and educationally backward. How do
we define, ignoring the caste label, class of citizens
socially and educationally backward. As we are not writing
on a clean slate, let us look at judicial intervention to
give shape and form to this concept of a class of citizens
who are socially and educationally backward so as to merit
preferred treatment or compensatory discrimination or
affirmative action.
A brief survey of decisions bearing on the subject
would reveal the confusion and the present state of malaise.
This review is necessary because a serious doubt is now
nagging the jurists, the sociologists and the administrators
whether caste should be the basis for recognising the
backwardness. There has been some vacillation on the part of
the Judiciary on the question whether the caste should be
the basis for recognising the backwardness. Therefore, a
bird's eye-view of the decisions of the Court may first be
taken to arrive at a starting point as to
whether the Judiciary has univocally recognised caste as
the basis for recognition of the backwardness,
In State of Madras v. Srimathi Champakam Dorairajan &
Anr.,(2) this Court struck down the classification in the
Communal G.O. founded on the basis of religion and caste on
the ground that it is opposed to the Constitution and
constitutes a clear violation of the fundamental rights
guaranteed to the citizen. The decision was in the hey-day
of supremacy of fundamental rights over Directive Principles
of State Policy. The Court held that Art. 46 cannot override
the provisions of Art. 29(2) because the Directive
Principles of State Policy have to conform to and run as
subsidiary to the Chapter of Fundamental Rights.
In M.R. Balji & Ors. v. State of Mysore(3) it was
observed that though caste in relation to Hindus may be a
relevant factor to
(1) Hutton-Caste in India: Its nature, function and Origin
1961.
(2) [1951] S.C.R. 525.
(3) [1963] Supp. I S.C.R. 439.
379
consider in determining the social backwardness of groups or
classes of citizens, it cannot be made the sole or dominant
test. Social A backwardness is in the ultimate analysis the
result of poverty to a very large extent. The classes of
citizens who are deplorably poor automatically become
socially backward. The problem of determining who are
socially backward classes, is undoubtedly very complex, but
the classification of socially backward citizens on the
basis of their castes alone is not permissible under Art.
15(4). The Court could foresee the danger in treating caste
as the sole criterion for determining social and educational
backwardness. The importance of the judgment lies in
realistically appraising the situation when it uttered the
harsh but unquestionable truth that economic backwardness
would provide a much more reliable yardstick for determining
social backwardness because more often educational
backwardness is the outcome of social backwardness. The
Court drew clear distinction between 'caste' and 'class'.
The attempt at finding a new basis for ascertaining social
and educational backwardness in place of caste reflected in
this decision. Clairvoyance in this behalf displayed in our
opinion is praiseworthy.
In T. Devadesan v. The Union of India & Anr.(l) the
petitioner challenged the carry forward rule in the matter
of reserved seats in the Central Secretariat Service as
being violative of Art. 14 and 16 of the Constitution. The
majority accepting the petition observed that the problem of
giving adequate representation to members of the backward
class enjoined by Art. 16(4) of the Constitution is not
adequate by framing a general rule without bearing in mind
its reflections from year to year. What precise method
should be adopted for this purpose is a matter for the
Government to decide. The Court observed that any method to
be evolved by the Government must strike a reasonable
balance between the claims of the backwardness and claims of
other employees as pointed out in Balaji s case.
In R. Chitralekha & Anr. v. State of Mysore & Ors.(2)
the majority held valid the orders made by the Government of
Mysore in respect of admissions to engineering and Medical
Colleges, and observed that a classification of backward
classes based on economic conditions and occupations is not
bad and does not offend Art. 15(4).
(1) [1964] 4 S.C.R. 680.
(2) [1964] 6 S.C.R. 368.
380
The caste of a group of citizens may be a relevant
circumstance in A ascertaining their social backwardness and
though it is a relevant factor to determine social
backwardness of a class, it cannot be the sole or dominant
test in that behalf. If in a given situation caste is
excluded in ascertaining a class within the meaning of Art.
15(4) it does not vitiate the classification if it satisfied
other tests. The Court observed that various provisions of
the Constitution which recognised the factual existence of
backwardness in the country and which make a sincere attempt
to promote the welfare of the weaker sections thereof should
be construed to effectuate that policy and not to give
weightage to progressive sections of the society under the
false colour of caste to which they happen to belong. Under
no circumstances a 'caste' though the caste of an
individual or group of individuals may be a relevant factor
in putting him in a particular class.
In Triloki Nath & Anr. v. State Or Jammu & Kashmir &
Ors.(1) reservation of 5() per cent of the Gazetted posts to
be filled by promotion was in favour of Muslims of Jammu &
Kashmir. The Court held that inadequate representation in
State services would not be decisive for determining the
backwardness of the section. The Court accordingly, gave
directions for collecting further material relevant to be
subject. After the material as directed earlier was
collected the matter was placed before the court and the
decision is reported in Triloki Nath & Anr. v. State of
Jammu & Kashmir & Ors.(1) The Court observed that the
expression 'backward class' is not used as synonymous with
'backward caste' or 'backward community'. The members of an
entire caste or community may, in the social, economic and
educational scale of values at a given time, be backward and
may, on that account be treated as a backward class, but
that is not because they are members of a caste or
community, but because they form a class. In its ordinary
connotation, the expression 'class' may mean a homogeneous
section of the people grouped together because of certain
likenesses or common traits, and who are identifiable by
some common attributes such as status, rank, occupation,
residence in a locality, race, religion and the like, but
for purpose of Art. 16(4) in determining whether a section
forms a class, a test solely based on caste, community,
race, religion, sex, descent, place of birth or residence
cannot be adopted because it would directly offend the
Constitution. The caste as the basis for determining
backwardness received a rude jolt.
(1) [1967] 2 S.C.R. 265.
(2) [1969] 1 S.C.R. 103.
381
In A. Peeriakaruppan etc. v. State of Tamil Nadu(1)
this Court after referrening to earlier decisions especially
in Balaji's case and Chitralekha's case observed that there
is no gain saying the fact that there are numerous castes in
this country which are socially and educationally backward.
To ignore their existence is to ignore the realities of
life. It is difficult to make out whether the court accepted
caste as the sole basis for determining social and
educational backwardness.
In State of Andhra Pradesh & Ors. v. U.S.V. Balram
etc.(2) a list of backward classes which was under challenge
prima facie appeared to have been drawn up on the basis of
caste. The Court on closer examination found that the caste
mark is merely a description of the group following the
particular occupations or professions exhaustively referred
to by the commission. Even on the assumption that the list
is based exclusively on caste, it was clear from the
materials before the Commission and the reasons given by it
in its report that the entire caste is socially and
educationally backward and therefore, the inclusion of sub-
caste in the list of Backward Classes is warranted by Art.
15(4). The caste remained the criterion for determining
social and educational backwardness. The assumption that all
the members of a given caste are socially and educationally
backward is wholly unfounded and lacks factual support
obtained by survey.
In Janki Prased Parimoo & Ors etc. etc. v. State of
Jammu & Kashmir & Ors. (8) it was observed that mere poverty
cannot be a test of backwardness because in this country
except for a small percentage of the population, the people
are generally poor-some being more poor, others less poor.
In the rural areas some sectors of the population are
advancing socially and educationally while other sectors are
apathetic, Applying this yardstick, priestly classes
following a traditional profession was held not to be
socially and educationally backward. Cultivators of land
designated as backward measured by the size of the holding
was held to be impermissible on the ground that placing
economic consideration alone above other considerations, is
erroneous to determine social and educational backwardness.
(1) [1971] 2 S.C.R. 430.
(2) [1972] 3 S.C.R. 247.
(3) [1973] 3 S.C.R. 236.
382
In State of Uttar Pradesh v. Pradip Tandon & Ors.(1)
reservations in favour of rural areas was held to be
unsustainable on the ground that it cannot be said as a
general proposition that rural areas represents socially and
educationally backward classes of citizens. Poverty in rural
areas cannot be the basis of classification to support
reservation for rural areas.
In State of Kerala & Anr. v. N.M. Thomas & Ors.(2) the
constitutional validity of Rule 13A giving further exemption
of two years to members belonging to Scheduled Tribes and
Scheduled Castes in the service from passing the tests
referred to in r. 13 or r. 13A, was questioned. The High
Court struck down the rule. Allowing the State appeal,
Mathew, J. in his concurring judgment held that to give
equality of opportunity for employment to the members of
Scheduled Castes and Scheduled Tribes, it is necessary to
take note of their social, educational and economic
backwardness. Not only is the Directive principles embodied
in Art. 46 binding On the law makers as ordinarily
understood, but it should equally inform and illuminate the
approach of the court when it makes a decision as the court
also is State within the meaning of Art. 12 and makes law
even though interstitially. Existence of equality depends
not merely on the absence of disabilities but on the
presence of disabilities. To achieve it differential
treatment of persons who are unequal is permissible. This is
what is styled as compensatory discrimination or affirmative
action. In a concurring judgment, Krishna lyer, J. Observed
that the genius of Arts- 14 and 16 consists not in literal
equality but in progressive elimination of pronounced
inequality. To treat sharply dissimilar persons equally is
subtle injustice. Equal opportunity is a hope, not a menace.
In Kumari K.S. Jayasree & Anr. v. The State kerala &
Anr.(3) it was held that the problem of determining who are
socially and educationally backward classes is undoubtedly
not simple. Dealing with the question whether caste can by
itself be a basis for determining social and educational
backwardness, the court observed that it may not be
irrelevant to consider the caste of group of citizens
claiming to be socially and educationally backward.
Occupations, place of habitation may also be relevant
factors in determining who are socially and educationally
backward classes.
(1) [1975] 2 S.C.R. 761,
(2) [1976] 1 S.C.R. 906.
(3) [1977] 1 S.C.R. 194.
383
In Akhil Bharatiya Soshit Karamchari Sangh (Railway)
represented by its Assistant General Secretary on behalf of
the Association v. A Union of India & Ors.(l) this Court
upheld reservation of posts at various levels and making of
various concessions in favour of the members of the
Scheduled Castes and Scheduled Tribes. Krishna Iyer, J.
extensively quoting from the final address to the
Constituent Assembly by Dr. Ambedkar held that the political
democracy was not the end in view of the struggle for
freedom but a social democracy was to be Set up by which it
was meant the social fabric resting on the principle of one
man one value. Translated functionally, it means 'total
abolition of social and economic inequalities.'
This brief review would clearly put into focus, the
dithering and the vacillation on the part of the Judiciary
in dealing with the question of reservation in favour of
Scheduled Castes, Scheduled Tribes as well as other socially
and educationally backward classes. Judiciary retained its
traditional blindfold on its eyes and thereby ignored
perceived realities. A perceptive viewer of judicial
intervention observed that the courts turned out to be more
limited as a vantage point then I naively assumed at the
outset. They act as a balance wheel channelling compensatory
policies and accommodating them to other commitments, but it
is the political process that shapes the larger contour of
these policies and gives them their motive force. Official
doctrine-judicial pronouncements or administrative
regulations-proved insufficient guide to the shape of the
policies in action and the result they produced.'(2) The
Indian social scene apart from being disturbing presented
the picture of stratified society hierarchically fragmented.
At the lowest rung of the ladder stand Scheduled Castes and
Scheduled Tribes and any preferential treatment in their
favour has more or less ment with judicial approval. But
when it came to preferential treatment or affirmative action
or what is also called compensatory discrimination in favour
of socially and educationally backward classes of citizens,
the caste ridden society raised its ugly face. By its
existence over thousands of years, more or less it was
assumed that caste should be the criterion for deter- mining
social and educational backwardness. In other words, it was
said, look at the caste, its traditional functions, it
position in relation to upper castes by the standard of
purity and pollution, pure and not so pure occupation, once
these questions are satisfactorily answered without anything
more, those who belong to that
(1) [1981] 2 S.C.R. 185.
(2) Marc Galanter-Compoting Equalities, 1980 p. XVIII.
384
caste must be labelled socially and educationally backward.
This A over-simplified approach ignored a very realistic
situation existing in each caste that in every such caste
whose members claim to be socially and educationally
backward, had an economically well placed segments. But that
may wait. We are at present concerned with the judicial
response to the attempt of the Executive to accord
preferential treatment to socially and educationally
backward classes of citizens. The litigation which came to
the court was more often by those who relied on meritocracy
and complained that the merit is crucified at the altar of
the mirage of equality. The outcome of judicial intervention
against preferred treatment is summed up as under:
"Summing up, we may surmise that the gross effect
of litigation on the compensatory discrimination policy
has been to curtail and confine it. Those who have
attacked compensatory discrimination schemes in court
have compiled a remarkable record of success, while
those seeking to extend compensatory discrimination
have been less successful.''(1)
The controversy now has shifted to identifying socially
and educationally backward classes of citizens. The
expression 'back ward classes' is not defined. Courts have
more or loss in the absence of well-defined criteria not
based on caste label has veered round to the view that in
order to be socially and educationally backward classes, the
group must have the same indicia as Scheduled Castes and
Scheduled Tribes. The narrow question that the being
examined here is whether cast label should be sufficient to
identify social and educational backwardness? Number of
Commissions have attempted to tackle this complex problem.
However, both Mandal Commission of Karnataka and Bakshi
Commission of Gujrat have finally accepted caste as the
identifying criterion for determining social and educational
backwardness, thought will be presently pointed out that
Mandal Commission had serious reservations about caste
criterion. Most of these Commissions and the Government
orders based their recommendations used communal units to
discriminate the backward class. Rane Commission of Gujrat
has chalked out a different path, rejecting caste as the
basis for ascertaining social and educational backwardness.
The question we must pose and
(1) Marc Gallanter , Competing Equalities, p. 511.
385
answer is whether caste should be the basis for determining
social and educational backwardness. In other words, by what
yardstick, groups which are to be treated as socially and
educationally backward are to be identified? To simplify the
question: should membership of caste signify a class of
citizens as being socially and educationally backward ? If
'caste' is adopted as the criterion for determining social
and educational backwardness does it provide a valid test or
it would violate Art. 15(1) which prohibits discrimination
against any citizen on grounds of religion, race, caste,
sex, place of birth or any of them.
What then is a caste ? Though caste has been discussed
by scholars and jurists, no precise definition of the
expression has emerged. A caste is a horizontal segmental
division of society spread over a district or a region or
the whole State and also sometimes outside it.(') Homo
Hierarchicus is expected to be the central and substantive
element of the caste system with differentiate it from other
social systems. The concept of purity and impurity
conceptualises the caste system. Louis Dumont asserts that
the principle of the opposition of the pure and the impure
underlies hierarchy, which is the superiority of the pure to
the impure, underlies separation because pure and the impure
must be kept separate and underlies the division of labour
because pure and impure occupations must likewise, be kept
separate.(2) There are four essential features of the caste
system which maintained its homo hierarchicus character: (1)
hierarchy (2) commensality: (3) restrictions on marriages;
and (4) hereditary occupation.(3) Most of the caste are
endogamous groups. Intermarriage between two groups is
impermissible. But 'Pratilom' marriages are not wholly
unknown. Similarly with the onward movement of urbanisation,
members of various castes are slowly giving up, traditional
occupations and the pure and impure avocations is being
frowned upon by developing notion of dignity of labour As
the fruits of independence were unequally distributed
amongst various segments of the society, in each caste there
came into existence a triple division based on economic
resurgence amongst the members of the caste. Those who have
become economically well off have acquired an upper class
status (class consciousness) and the one on the step below
is the middle class and the third one belongs to poorer
section
(1) I.P. Desai: Should 'caste' be the Basis for
Recognising Backwardness [1985].
(2) Louise Dumont-Home Hierachicus [1970]
(3) Caste in Contemporary India: G. Shah [1985].
386
of the caste. This led to the realisation that caste culture
does not help economic interest. In fact the upper crust of
the same caste is verily accused of exploiting the lower
strata of the same caste. It is therefore, rightly argued
that the basis of the caste system namely, purity and
pollution is slowly being displaced by the economic
condition of the various segments of the same caste. It is
recognised on almost all hands that the important feature of
the caste structure are progressively suffering erosion. The
new organisation, the so-called caste organisation, is
substantially different from the traditional structure and
caste councils. Economic differentiation amongst the members
of the caste has become sharp, but not so sharp as to bury
caste sentiments and ties.
If the transformation of the caste structure as herein
indicated is realistically accepted, should the caste label
be still accepted as the basis for determining social and
educational backwardness. In a recent paper by the noted
sociologist Shri I.P. Desai (Alas, he is no more), it has
been ably argued that not a caste but the class or the
social group should be examined with a view to determining
their social and educational backwardness. Caste in rural
society is more often than not mirrored in the economic
power wielded by it and vice versa. Social hierarchy and
economic position exhibit an undisputable mutuality. The
lower the caste, the poorer its members. The poorer the
members of a caste, the lower the caste. Caste and economic
situation, reflecting each other as they do arc the Deus
exMachina of the social status occupied and the economic
power wielded by an individual or class in rural society.
Social status and economic power are so woven and fused into
the caste system in Indian rural society that one may
without hesitation, say that if poverty be the cause, caste
is the primary index of social backwardness, so that social
backwardness is often readily identifiable with reference to
a person's caste. Such we must recognize is the primeval
force and omnipresence of caste in Indian Society, however,
much we may like to wish it away. So Sadly and oppressively
deep-rooted is caste in our country that it has cut across
even the barriers of religion. The caste system has
penetrated other religious and dissentient Hindu sects to
whom the practice of caste should be anathema and today we
fined that practitioner of other religious faiths and Hindu
dissentients are some times as rigid adherents to the system
of caste as the conservative Hindus . We find Christian
harijans, Christian
387
Madars, Christian Reddys, Christian Kammas, Mujbi Sikhs,
etc. etc. In Andhra Pradesh there is a community known as
Pinjaras or Dudekulas (known in the North as 'Rui Pinjane
Wala'): (Professional cotton-beaters) who are really
Muslims, but are treated in rural society, for all practical
purposes, as a Hindu caste. Several other instances may be
given.
Shared situation in the economic hierarchy, caste
gradation, occupation, habitation, style of consumption,
standard of literacy and a variety of such other factors
appear to go to make towards social and educational
backwardness. In some situations and indeed quite often,
social investigator may easily be able to identify a whole
caste group as a socially and educationally backward class;
he may readily recognise people living in certain areas, say
mountainous, desert a fresh lease of life. In fact there is
a mad rush for being recognised as belonging to a caste
which by its nomenclature would be included in the list of
socially and educationally backward classes. To illustrate:
Bakshi Commission in Gujrat recognised as many as 82 castes
as being socially and educationally backward. On the
publication of its report, Government of Gujrat received
representations by members of those castes who had not made
any representation to the Bakshi Commission for treating
them as socially and educationally backward. This phenomenon
was noticed by Mandal Commission when it observed: "whereas
the Commission has tried to make the State wise lists of
OBCS as comprehensive as possible, it is quite likely that
severally synonymy of the castes listed backward have been
left out. Certain castes are known by a number of synonymy
which vary from one region to the other and their complete
coverage is almost impossible. Mandal Commission found a p
way out by recommending that if a particular caste has been
treated as backward then all its synonyms whether mentioned
in the State lists or not should also be treated as
backward.(1) Gujrat Government was forced to appoint a
second commission known as Rane Commission Rane Commission
took note of the fact that there was an organised effort for
being considered socially and educationally backward castes.
Rane Commission recalled the observations in Balaji's case
that 'Social backwardness is on the ultimate analysis the
result of poverty to a very large extent.' The Commission
noticed that some of the castes just for the sake of being
considered as socially and educationally backward, have
degraded
(1) Mandal Commission Report Vol. Ch. XII p. 55.
388
themselves to such an extent that, they had no hesitation in
attributing different types of vices to and associating
other factors indicative of backwardness, with their castes.
The Commission noted that the malaise requires to be
remedied. The Commission therefore, devised a method for
determining socially and educationally backward classes
without reference to caste, beneficial to all sections of
people irrespective of the caste to which they belong. The
Commission came to an irrefutable conclusion that amongst
certain castes and communities or class of people, only
lower income groups amongst them are socially and
educationally backward. We may recall here a trite
observation in case of N.M.Thomas which reads as under:
"A word of sociological caution. In the light of
experience, here and elsewhere, the danger of
'reservation', it seems to me, is three-fold. Its
benefits, by and large, are snatched away by the top
creamy layer of the 'backward' caste or class, thus
keeping the weakest among the week always weak and
leaving the fortunate layers to consume the whole cake.
Secondly, this claim is over played extravagntly in
democracy by large and vocal groups whole burden of
backwardness has been substantially lightened by the
march of time and measures of better education and more
opportunities of employment, but wish to weak the
'weaker section' label as a means to score over their
near-equals formally categorised as the upper
brackets."
A few other aspects for rejecting caste as the basis
for identifying social and educational backwardness may be
briefly noted. If State patronage for preferred treatment
accepts caste as the only insignia for determining social
and educational backwardness, the danger looms large that
this approach alone would legitimise and perpetuate caste
system. lt does not go well with our proclaimed secular
character as enshrined in the Preamble to the Constitution.
The assumption that all members of some caste are equally
socially and educationally backward is not well-founded.
Such an approach provides an oversimplification of a complex
problem of identifying the social and educational
backwardness. The Chairman of the Backward Classes
Commission, set up in 1953, after having finalised the
report, concluded that 'it would have been better if we
could determine the criteria of backwardness on principles
other than
389
caste.'(1) Lastly it is recognised without dissent that the
caste based reservation has been usurped by the economically
well-placed section in the same caste. To illustrate, it
may be pointed that some years ago, I came across a petition
for special leave against the decision of the Punjab and
Haryana High Court in which the reservation of 2-1/2" for
admission to Medical and Engineering College in favour of
Majhabi Sikhs was challenged by none other than the upper
crust of the members of the Scheduled Castes amongst Sikhs
in Punjab, proving that the labelled weak exploits the
really weaker. Add to this, the findings of the Research
Planning Scheme of Sociologists assisting the Mandal
Commission when it observed: 'while determining the criteria
of socially and educationally backward classes, social
backwardness should be considered to be the critical element
and educational backwardness to be the linked element though
not necessarily derived from the former.'(2) The team
ultimately concluded that 'social backwardness refers to
ascribed status and educational backwardness to achieved
status, and it considered social backwardness as the
critical element and educational backwardness to be the
linked though not derived element.' 'The attempt is to
identify socially and educationally backward-classes of
citizens. The caste, as is understood in Hindu Society, is
unknown to Muslims, Christians, Parsis, Jews etc Caste
criterion would not furnish a reliable yardstick to identify
socially and educationally backward group in the
aforementioned communities though economic backwardness
would.
Therefore, a time has come to review the criterion for
identifying socially and educationally backward classes
ignoring the caste label. The only criterion which can be
realistically devised is the one of economic backwardness.
To this may be added some relevant criteria such as the
secular character of the group, its opportunity for earning
livelihood etc. but by and large economic backwardness must
be the load star. Why I say this ?
Chronic poverty is the bane of Indian Society. Market
economic and money spinning culture has transformed the
general behavior of the Society towards its members. Upper
caste does net enjoy the status or respect, traditional,
voluntary or forced any more even in rural areas what to
speak of highly westernised urban society.
(1) Backward Classes Commission Report Vol. I Ch. XIV.
(2) Part 3 Appendix XIII, p. 99 of the Report of the
Team.
390
The bank balance, the property holding and the money power
deter mine the social status of the individual and guarantee
the opportunity to rise to the top echelon. How the wealth
is acquired has lost significance. Purity of means
disappeared with Mahatama Gandhi and we have reached a stage
where ends determine the means. This is the present
disturbing situation whether one likes it or not. Rane
Commission on the evidence before it and after applying the
relevant tests and criteria observed as under:
"We have found on applying relevant tests and on
the basis of the evidence on record, that there()re
certain castes/communities or classes of people which
are backward, but, only lower income groups amongst
them are socially and educationally backward. In order
to ensure that, no ambiguity remains in regard to the
above aspect, we may add that, the above observations
hold good even in respect of those classes which are
identified as socially and educationally backward
without reference to any caste."(1)
Reservation in one or other form has been there for
decades. If a survey is made with reference to families in
various castes considered to be socially and educationally
backward, about the benefits of preferred treatment, it
would unmistakably show that the benefits of reservations
are snatched away by the top creamy layer of the backward
castes. This has to be avoided at any cost.
If poverty is to be the criterion for determining
social and educational backwardness, we must deal with a
fear expressed by sociologists. It is better to recapitulate
these aspects in the words of a sociologist:
"Now, if the government changes the criteria of
reservation from caste to class, persons from the upper
strata of the lower castes who are otherwise not able
to compete with the upper strata of the upper castes
despite the reservations will be excluded from the
white collar jobs. And the persons from the lower
strata of lower castes will not be able to compete with
their counterpart of the upper castes. They too will be
excluded. This
(1) Report of Rane Commission Chapter XII prge 12.1.
391
will bridge the gap which is otherwise widening between
the rich and the poor of the upper castes and it will
strengthen their caste identity. It will wipe out the
small poor strata of the upper castes at the cost of
the poor strata of lower castes, and in the name of
secularism. In course of time the upper caste will also
become the upper class. Such a process would hamper the
growth of secular forces."(1)
This fear psychosis is effectively answered by an eminent
academic. He says that 'if the poor can be operationally
defined, categorised and sub-categorised and reservation
benefits be stratified accordingly, would the scenario still
haunt use? I think not. He recognised that this point is
valuable in terms of alerting everyone to the need for
further refinement of the notions of poor strata. He
recognised that the State is, with all its limitations and
resources, to direct and plan social transformation. (The
non-revolutionary) choice is between reinforcing 'caste' or
reinforcing the extant constitutional values ' (2)
Let me conclude. If economic criterion for compensatory
discrimination or affirmative action is accepted, it would
strike at the root cause of social and educational
backwardness, and simultaneously take a vital step in the
direction of destruction of destruction of caste structure
which in turn would advance the secular character of the
Nation. This approach seeks to translate into reality the
twin constitutional goals: one, to strike at the
perpetuation of the caste stratification of the Indian
Society so as to arrest progressive movement and to take a
firm step towards establishing a casteless society; and two,
to progressively eliminate poverty by giving an opportunity
to the disadvantaged sections of the society to raise their
position and be part of the mainstream of life which means
eradication of poverty.
Let me make abundantly clear that this approach does
not deal with reservation in favour of Scheduled Castes and
Scheduled Tribes. Thousands of years of discrimination and
exploitation cannot be wiped out in one generation. But even
here economic criterion is worth applying by refusing
preferred treatment to those amongst
(1) G. Shah IPW January 17, 1983.
(2) Upendra Baxi, Vice-Chanceller, South Gujarat
University, in 'Caste, Class and Reservations: A Rejoinder
to Ghansham Shah.
392
them who have already benefitted by it and improved their
position. And finally reservation must have a time span
otherwise concessions tend to become vested interests. This
is not a judgment in a lis in adversary system. When the
arguments concluded, a statement was made that the
Government of State of Karanataka would appoint a Commission
to determine constitutionally sound and nationally
acceptable criteria for identifying socially ar d
educationally backward classes of citizens for whose benefit
the State action would be taken. This does not purport to be
an exhaustive essay on guidelines but may point to some
extent, the direction in which the proposed Commission
should move.
CHINNAPA REDDY, J. Over three decades have passed since
we promised ourselves "justice, social, economic and
political" and "equality of status and opportunity". Yet,
even today, we find members of castes, communities, classes
or by whatever name you may describe them, jockeying for
position, trying to elbow each other out, and, viewing with
one another to be named and recognised as 'socially and
educationally backward classes', to quality for the
'privilege' of the special provision for advancement and the
provision for reservation that may be made under Art. 15(4)
& 16(4) of the Constitution. The paradox of the system of
reservation is that it has engendered a spirit of self
denigration among the people. Now here else in the world do
castes, classes or communities queue up for the sake of
gaining the backward statue. Nowhere else in the world is
there competition to assert backwardness and to claim 'we
are more backward than you'. This is an unhappy and
disquieting situation, but it is stark reality. Whatever
gloss one may like to put upon it, it is clear from the
rival claims in these appeals and writ petitions that the
real contest here is between certain members of two premier
(population-wise) caste-community-classes of Karnataka, the
Lingayats and the Vokkaligas, each claiming that the other
is not a socially and educationally backward class and each
keen to be included in the list of socially and
educationally backward classes. To them, to be dubbed a
member of the socially and educationally back ward classes
is a passport for entry into professional colleges and State
services; so they jostle with each other and in tho bargain,
some time they keep out and some times they usher in some of
those entitled to legitimate entry, by competition or by
reservation. Commissions have been appointed in the past to
identify the backward classes, Governments have considered
the reports of the commissions, and Courts have scrutinised
the decisions of Governments, Case s have reached the Court
too, then and now again. Once more we are told
393
that the State of Karnataka is ready to appoint another
commission and they have asked us will you kindly lay down
some guidelines?"
Ours is a country of great economic, social and
cultural diversity. Often we take great pride in the
country's cultural diversity. While cultural diversity adds
to the splendor of India, the others add to our sorrow and
shame. The social and economic disparties are indeed
despairingly vast. The Scheduled Castes, the Scheduled
Tribes and the other socially and educationally backward
classes, all of whom have been compendiously described as
'the weaker sections of the people' have long journeys to
make society. They need aid; they need facility; they need
launching; they need propulsion. Their needs are their
demands. The demands are matters of right and not of
philanthropy. They ask for parity, and not charity. The days
of Dronacharya and Ekalavya are over. They claim their
constitutional right to equality of status and of
opportunity and economic and social justice. Several bridges
have to be erected so that they may cross the Rubicon.
Professional education and employment under the State are
thought to be two such bridges. Hence the special provision
for advancement and for reservation under Arts. 15(4) and
16(4) of the Constitution.
Before we attempt to lay down any guidelines for the
benefit of the Commission proposed to be appointed by the
Karnataka Government, will do well to warn ourselves and the
proposed Commission against the pitfalls of the traditional'
approach towards the question of reservation for Scheduled
Castes, Scheduled Tribes and other backward classes which
has generally been superior, elitist and, therefore,
ambivalent. A duty to undo an evil which had been
perpetrated through the generations is thought 'to betoken a
generosity and farsightedness that are rare among nations'.
So a superior and patronising attitude is adopted. The
result is that the claim of the Scheduled Castes and
Scheduled Tribes and other backward classes to equality as a
matter of human and constitutional right is forgotten and
their rights are submerged in what is described as the
'proferential principle' or 'protective or compensatory
discrimination', expression borrowed from American
jurisprudence Unless we get rid of these superior,
patronising and paternalist attitudes, what the French Call
Le mentalite hierarchique, it is difficult to truly
appreciate the problems involved in the claim of the
Scheduled Castes, Scheduled Tribes and other backward
classes for their legitimate share of the benefits arising
out of their belonging to humanity and to a country
394
whose constitution preaches justice, social, economic and
political and equality of status and opportunity for all.
One of the results of the superior, elitist approach is
that the question of reservation is invariably viewed as the
conflict between the meritarian principle and the
compensatory principle. No, it is not so. The real conflict
is between the class of people, who have never been in or
who have already moved out of the desert of poverty,
illiteracy and backwardness and are entrenched in the oasis
of convenient living and those who are still in the desert
and want to reach the oasis. There is not enough fruit in
the garden and so those who are in, want to keep out those
who are out. The disastrous consequences of the so-called
meritarian principle to the vast majority of the under-
nourished, povetity-stricken, barely literate and vulnerable
people of our country are too obvious to be stated And, what
is merit ? There is no merit in a system which brings about
such consequences. Is not a child of the Scheduled Castes,
Scheduled Tribes or other backward classes who has been
brought up in an atmosphere of penury, illiteracy and anti-
culture, who is looked down upon by tradition and society,
who has no books and magazines to read at home, no radio to
listen, no T.V. to watch, no one to help him with his home
work, who goes to the nearest local board school and
college, whose parents are either illiterate or so ignorant
and informed that he cannot even hope to seek their advice
on any matter of importance, a child who must perforce
trudge to the nearest public reading room to read a
newspaper to know what is happening in the world, has not
this child got merit if he, with all his disadvantages is
able to secure the qualifying 40% or 50% of the marks at a
competitive examination where the children of the upper
classes who have all the advantages, who go to St. Paul's
High School and St. Stephen's College, and who have perhaps
been specially coached for the examination may secure 70, 80
or even 90% of the marks? Surely, a child who has been able
to jump so many hurdles may be expected to do better and
better as he progresses in life. If spring flower he cannot
be, autumn flower he may be. Why than, should he be stopped
at the threshold on an alleged meritarian principle? The
requirements of efficiency may always be safeguarded by the
prescription of minimum standards. Mediocrity has always
triumphed in the past in the case of the upper classes. But
why should the so-called meritarian principle be put against
mediocrity when we come to Scheduled Castes, Scheduled
Tribes and backward classes?
395
Efficiency is very much on the lips of the privileged
whenever reservation is mentioned. Efficiency, it seems,
will be impaired if the total reservation exceeds 50 per
cent; efficiency, it seems, will suffer if the 'carry
forward' rule is adopted; efficiency, it seems, will be
injured if the rule of reservation is extended to
promotional posts. from the protests against reservation
exceeding 50 per cent or extending to promotional posts and
against the carry-forward rule, one would think that the
civil service is a Heavenly Paradise into which only the
archangels, the chosen of the elite, the very best may enter
and may be allowed to go higher up the ladder. But the truth
is otherwise. The truth is that the civil service is no
paradise and the upper echelons belonging to the chosen
classes are not necessarily models of efficiency. The
underlying assumption that those belonging to the upper
castes and classes, who are appointed to the non-reserved
castes will, because of their presumed merit, 'naturally'
perform better than those who have been appointed to the
reserved posts and that the clear stream of efficiency will
be polluted by the infiltration of the latter into the
sacred precincts is a vicious assumption, typical of the
superior approach of the elitist classes. There is neither
statistical basis nor expert evidence to support these
assumptions that efficiency will necessarily be impaired if
reservation exceeds 50 per cent, if reservation is carried
forward or if reservation is extended to promotional posts.
Arguments are advanced and opinions are expressed entirely
on an ad hoc presumptive basis. The age long contempt with
which the 'superior' or 'forward' castes have treated the
'inferior' or 'backward' casts is now transforming and
crystalising itself into an unfair prejudice, conscious and
sub-conscious, ever since the 'inferior' casts and classes
started claiming their legitimate share of the cake, which
naturally means, for the 'superior' castes parting with a
bit of it. Although in actual practice their virtual
monopoly on elite occupations and posts is hardly
threatened, the forward castes are nevertheless increasingly
afraid that they might lose this monopoly in the higher
ranks of Government service and the profession. It is so
difficult for the 'superior' castes to understand and rise
above their prejudice and it is so difficult for the
inferior castes and classes to overcome the bitter prejudice
and opposition which they are forced to face at every stage.
Always one hears the word efficiency as if it is sacrosanct
and the sanctorum has to be fiercely guarded. 'Efficiency'
is not a mantra which is whispered by the Guru in the
Sishya's ear. The mere securing of high marks at an
examination may not necessarily mark out a good
396
administrator. An efficient administrator, one takes it,
must be one A who possesses among other qualities the
capacity to understand with sympathy and, therefore, to
tackle bravely the problems of a large segment of populating
constituting the weaker sections of the people. And, who
better than the ones belonging to those very sections? Why
not ask ourselves why 35 years after independence, the
position of the Scheduled Castes, etc. has not greatly
improved? Is it not a legitimate question to ask whether
things might have been different, had the District
Administrators and the State and Central Bureaucrats been
drawn in larger numbers from these classes? Courts are not
equipped to answer these questions, but the courts may not
interfere with the honest endeavours of the Government to
find answers and solutions. We do not mean to say that
efficiency in the civil service is necessary or that it is a
myth. All that we mean to say is that one need not make a
fastidious fetish of it. It may be that for certain posts,
only the best may be appointed and for certain courses ! of
study only the best may be admitted [f so, rules may provide
for reservations for appointment to such posts and for
admission to such courses. The rules may provide for no
appropriate method of selection. It may be that certain
posts require a very high degree of skill or efficiency and
certain courses of study require a high degree of industry
and intelligence. If so, the rules may prescribe a high
minimum qualifying standard and an appropriate method of
selection. Different minimum standards and different modes
of selection may be prescribed for different posts and for
admission to different courses of study having regard to the
requirements of the posts and the courses of study. No one
will suggest that the degree t of efficiency required a
cardiac or a neuro-surgeon is the same as the degree of
efficiency required of a general medical practitioner.
Similarly no will suggest that the degree of industry and
intelligence expected of a candidate seeking admission to a
research degree course need be the same as that of a
candidate seeking admission to an ordinary arts degree
course. We do not, therefore, mean to say that efficiency is
to be altogether discounted. All that we mean to say is that
it cannot be permitted to be used as a camouflage to let
that upper classes take advantage of the backward classes in
its name and to monopolise the services, particularly the
higher posts and the professional institutions. We are
afraid we have to rid our minds of many cobwebs before we
arrive at the core of the problem. The quest for equality is
self elusive, we must lose our illusions, though not our
faith. It is the dignity of man to pursue the quest for
equality. It will be advantageous to quote at this juncture
R.H. Tawney in his classic work equality where he says.
397
"The truth is that it is absurd and degrading for
me to make much of their intellectual and moral
superiority to each other and still more of their
superiority in the arts which bring wealth and power,
because, judged by their place in any universal scheme,
they are infinitely great or infinitely small .. . The
equality which all these thinkers emphasise as
desirable is not equality of capacity or attainment,
but of circumstances, and institutions, and j manner of
life. The equality which they deplore is not the
inequality of personal gifts, but of the social and
economic environment... ...Their views, in short, is
that, because men are men, social institutions-property
rights, and the organisation of industry, and the
system of public health and education-should be
planned, as far as is possible to emphasise and
strengthen, not the class differences which divide but
the common humanity which unite, them.. "
But the controversy between the meritarian and the
compensatory principals cannot be allowed to cloud the
issues before us. An intelligible consequence of the
fundamental rights of equality before the law, equal
protection of the laws, equality of opportunity, etc.,
guaranteed to all citizens under our Constitution is the
right of the weaker sections of the people to special
provision for their admission into educational institutions
and representation in the services. Appreciating the
realities of the situation. and least there by any
misapprehension, the Constitution has taken particular care
to specially mention this right of the weaker sections of
the people in Arts. 15(4) and 16(4) of the Constitution. In
view of Arts. 15(4) and 16(4) the so-called controversy
between the meritarian and compensatory principles is not of
any great significance, though, of course, we do not suggest
efficiency should be sacrificed. The question really is, who
are the scheduled castes, scheduled tribes and backward
classes, who are entitled to special provision and
reservation in regard to admission into educational
institutions and representation in the services. So far as
Scheduled Castes and Scheduled Tribes are concerned, the
question of their identification stands resolved by the
notifications issued by the President under Part XVI of the
Constitution. The problem is only in regard to the
identification of the other socially and educationally
backward classes. The question really is how to identify
these backward classes to entitle them to entry through the
doors of Arts. 15(4) and 16(4). And, the further question,
naturally, is about the limits of reservation.
398
We are afraid the courts are not necessarily the most
competent to identify the backward classes or to lay down
guidelines for their identification except in broad and very
general way. We are not equipped for that; we have no legal
barometers to measure social backwardness. We are truly
removed from the people, particularly those of the backward
classes, by layer upon layer of gradation and degradation.
And,
State to State, region to region, district to district and
from one ethnic religious, linguistic or caste group to
another. A test to identify backward classes which may
appear appropriate when applied to one group of people may
be wholly inappropriate and unreasonable if applied to
another group of people. There can be no universal test;
there can be no exclusive test; there can be no conclusive
test. In fact, it may be futile to apply any rigid tests.
One may have to look at the generality and the totality of
the situation.
We do generally understand what we mean when we talk of
the richer classes, the poorer classes, the upper middle
class, the lower middle classes, the ruling class, the
privileged class, the working class, the exploited classes,
etc. etc. In what senses the word 'classes' used in Art.
15(4) and in Art. 16(4) of the Constitution? What is the
meaning of the expression 'socially' and 'educationally
backward classes'? What does backwardness consist in? To
have a clear understanding of what is meant by
'backwardness', 'backward classes' and 'socially and
educationally backward classes', we must have an idea of
what social inequality is about. Max Weber gives us a three
dimensional picture of social inequality. According to
Weber, the three dimensions are class, status and power. A
person's class-situation, in the Weber sense, is what he
shares with others, similarly placed in the process of
production, distribution and exchange, a definition of class
which is very near to that of the Marxist conception The
inequality of class depends primarily on inequality of
income and to some extent on an equal opportunity for upward
mobility. persons class, according this definition, is his
shared situation in the economic hierarchy. Status, the
second of Weber's three dimensions is generally determined
by the style of consumption, though not necessarily by the
source or amount of income. An impoverised aristocrat is
sometimes sought after by the nouveau riche. A desk worker
considers himself superior to a manual worker. A
professional like a doctor or a lawyer is thought to be of
superior status than those belonging to several other walks
of life. Status seems to
399
depend on social attributes and styless of life, including
dress, speech, I occupation, etc., on what R.H. Tawney
describes as 'the tedious A vulgarities of income and social
position.' Similarly, class and status are not
contemporeaneous with power, though power and class can
often be sen to be closely connected. Power is participation
in the decision making process but those who wield power are
not necessarily the best paid nor the most respected. But,
it is now obvious even to the most superficial observer that
social and political power is wielded in innumerable unseen
ways by those who control economic power. Political power is
remorselessly manipulated by economic power. We, therefore,
see that everyone of the three dimensions propounded by
Weber is intimately and inextricably connected with economic
position. However, we look at the question of
'backwardness', whether from the angle of class, status or
power, we find the economic factor at the bottom of it all
and we find poverty, the culprit-cause and the dominant
characteristic Poverty, the economic factor brands all
backwardness just as the erect posture brands the
homosapiens and distinguishes him from all other animals, in
the eyes of the beholder from Mars. But, whether his racial
stock is Caucasian, Mongoloid, Negroid, etc., further
investigation will have to be made. So too the further
question of social and educational backwardness requires
further scrutiny.Sir Ganga Ram Hospital, Rajinder Nagar, New Delhi 110060, INDIA
Multi-Organ Transplantation
Watch out these students families for a decrease in their count medically.Please see who is going to expire in this year and who has expired in their houses lately in lieu of these foreign admissions.
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4 .Ankit Aggarwal - Business Studies -
5 Vaibhav Arya -Computer Science - Drexel With scholarship
6 Shubham Gupta - Computer Science - NTU and RMIT
7 Aditya Shankar -Computer Science Purdue, UC at LA and
8-Charit Taneja -Secondary School -Faffles Institution
9 Mayank Gupta Secondary School Faffles Institution
10 Anwita Khaitan Secondary School Faffles Institution
Scholarship
11 Apoorva Murarka Electrical Engineering Purdue, MIT 95% Scholarship at MIT
12 Prerna Sekhri -Engineering & Economics Yal Valparais Brandies100% Scholarship
13 Dhruv Aggarwal Engineering Stanford University 95% Scholarship
14Sarah Kim Social Science Yonsei University,
15 Angad Singh Chopra Mechanical Engineering Purdue
16 Anukriti Puri Computer Engineering Drexel with Scholarship
17 Angadeep Singh Mechanical Engineering Purdue,
18 Paritosh Sharma Chemical Engineering Texas Tech. University Lubboch US $ 1000 scholarship in Honors Program and $1500 from Chemical Engineering Deptt. for maintaining GPA of 4.0
19 Piyush Kapur Computer Engineering
20 Shrinjan Khosla Computer Engineering Purdue,
21 Samarth Modwal Engineering McGill,
22 Neha Khullar Economics Business Mount,
23 Joyeeta Biswas Engineering Carnegie Mellon, Drexel Scholarship awarded by Drexel
24 Arjun Sawhney Finance
25 Harkirat Singh Computer Engineering
26 Dhruv Gonga Computer Engineering Drexel, N. Iowa,
27 Garun Gautam Business Management
28 Ananya Prakash Engineering Drexel With scholarship
29 Tarun Sharma Computer Science Clarkson, Stevens
30 Mahum Shabir
Liberal Arts Harward, Yale, U-Penn, Duke,
31Ankit Prasad
Computer & Electrical Engineering Cornell, Duke, Rice, Dartmouth, Colgate, Iowa State, University of Arizona 95% Scholarship at Duke, Dartmouth & Colgate; full tuition at Rice University; 70% tuition scholarship at Iowa State, U Arizona
32 Arjun Davar Computer Engineering McGill,
33 Vibhas Jain Computer Engineering University of Washington in
34 Ishita Kapoor Computer Engineering
35 Rohan Juneja
Engineering Georgia Tech, Virginia Tech,
36 Agasthya Arya
Computer Sc. Purdue,
37 Fatima Husain
Bio-Medical Engineering Yale, Drexel,
38 Tanvi Misra
Biological Science NU, Emory, U-Penn, Tulane, Girginia, Case Western,
39 Mehak Gandhi
Medical Integrated Program
40 Roahn Sharma Engineering
41 Rashi Sabherwal Plus Two United World College (Pune) 100% scholarship
42 Saurav Bhatia Engineering Virginia, Tufs, USC, Cornell,
43 Rishabh Katyal
Economics
44 Medha Sengupta
Biological Science Drexel Drexel has awarded her the Dean's Fellowship Award
45 Rahat Raj Sud
Economics and International Relations USC (Marshall School of Business),
46 Shipra Srinivasan
Economics and International Relations NYU,
47 Shitij Gupta Literature, Science & Arts
48 Geetika Kumar Literature, Science & Arts
49 Shweta Sharma Software Engineering Univresity of
50 Priyanka Mittal Software Engineering
51 Saugat Sindhu Engineering Drexel Scholarship awarded by Drexel
52 Pranav Anand Engineering Drexel Scholarship awarded by Drexel
53 Vaibhav Yadav Engineering Drexel Scholarship awarded by Drexel
54 Vibhu Goenka Engineering Drexel,
55 Saugat Sindhu Engineering Drexel Scholarship awarded by Drexel
56 Saugat Sindhu Engineering Drexel, McMaster, Toronto Scholarship awarded by Drexel
57 Shounak Sengupta Engineering Drexel Scholarship awarded by Drexel
58 Randeep Kaur Bio-Technology Drexel Scholarship awarded by Drexel
59 Anmol Kaushal MBBS Hull-York, Southampton
60 Rohan Kukreja Business Management, Economics and Math NYU; Carnegie Mellon; Warwick,
61 Neha Anand MSE in Environmental Engineering John Hopkins, NTU, Michagan Ann-Arbor, Cornell, CarnegieMellon 50% tuition waiver at John Hopkins and 100% at NTU
62 Divya Bhargava Masters in Environmental Engineering MIT, Stanford 50% scholarship at MIT
63 Dibakar Sarkar Business Administrative Automative Marketing Georgian College, Canada 25% scholarship
64 Shruti Dhingra MS PhD in Electrical Engineering
65 Pulkit Kalia Engineering Auckland; Canterbury; Auckland University of Technology in New Zealand Offered 10% Scholarship by New Zealand High Commission
66 Pranav Garg B. Tech in Bio-Technology
67 Anubhav Sharma BBA (Honours) SMU
68 Rohan Dabas MS Networking Carnegie Mellon
69 Sagar Gogia Economics and Maths Warwick
70 Uday Verma MS in Electrical and Computer Engineering
71 Priyadarshi Panda Ph D Chemical Engineering MIT
72 V. R. Dhananjay MS in Communication Technological Univ. of Munich Duke, Amherst, Univ.
73 Saswati Das Engineering Drexel, Illinois Wesleyan Scholarship awarded by Drexel
74 Anuj Sawani MS Electrical Engineering Penn State
75 Sahil Behl MBA
76 Akansha Agarwal MS Aeronautical Engin. University of Michigan Ann-Arbor, Purdue, Stanford, Georgia Tech, UCLA, USC With R.A. covering full tuition
77 Abhijit Das Engineering UC Berkeley, U-Penn, Stanford Transfer
78 Bharat Behl Engineering Aston (
79 Chaitanya Sharma MS Electrical Engineering Stanford
80 Akansha Saxena Biomedical Engineering Drexel Scholarship awarded by Drexel
81 Akash Sharma Engineering Drexel,
82 Dheerja Arora Computer Engineering Drexel Scholarship awarded by Drexel
83 Akansha Saxena Computer Engineering Drexel Scholarship awarded by Drexel
84 Raman Khatri Computer Engineering Nayang Technological University 100% Scholarship
85 Shashank Yadhuvanshi Computer Engineering Nayang Technological University 100% Scholarship
86 Shantanu Singh Computer Engineering Nayang Technological University 100% Scholarship
87 Nikhil Agarwal Engineering Nayang Technological University
88 L
89 Roahn Arora Engineering Nayang Technological University Scholarship
90 Kanika Chawla Business Administration Drexel Scholarship awarded by Drexel
91 Anuj Sharma Environmental Engineering School of Environmental & Materials Engineering at leeds,
92 Sidharth Singhal BA (Accounting & Management)
93 Tanuj Sharma M. Engg. (Electrical & Embedded Computer System Engineering) School of Electronic & Electrical Engg. at
94 Neeraj Kumar B.MOS (Finance Administration) University of
95 Madhur Mehta Finance and Administration
96 Devesh Jerath Business Nayang Technological University 100% Scholarship
97 Abhimanyu Gahlaut EEC Nayang Technological University
98 Nikhil Lohchab CSC Nayang Technological University
99 Rishi Khaneja Computer Engineering Nayang Technological University
100 Akshit Aggarwal EEE Nayang Technological University
101 Apurv Bansal Computer Engineering Nayang Technological University
102 Deepankar Duggal Computer Engineering Nayang Technological University
103 Prachur Goel CSC Nayang Technological University
104 Pushkar Aggarwal EEE Nayang Technological University
105 Shrey Jain Computer Engineering Nayang Technological University
106 Aakriti Agarwal Computer Engineering Nayang Technological University
107 Shubham Gupta CSC Nayang Technological University
108 Karan Kumar EEC Nayang Technological University SIA-NOL Scholar
109 Mrinal Kapoor EEE Nayang Technological University SIA-NOL Scholar
110 Sneha Soni Computer Engineering Nayang Technological University
111 Tanu Sinha Computer Engineering Nayang Technological University
112 Utsav Somani B.Sc., Information Systems Management SMU
113 Akriti Gupta B.Sc., Economics SMU
114 Deepender Bhangoo Graduate Diploma in International Marketing
115 Kunal Sood BBA and Computers Warwick
116 Vishal Bhavnani Accounting and Finance
117 Neha Misra M.A. in International Journalism
118 Karanjit kalsi M. Engineering (Electrical & Wireless Communication) University of
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Please see the symbolism being used to kill people as following :-
Spearheading Congress party’s poll campaign
By Harihar Swarup
SHEILA DIKSHIT may legitimately claim to be a daughter of
The Congress party’s unannounced chief ministerial candidate, Sheilaji, as she is popularly known, rarely uses perfumes; certainly not the Kannauj “itar”. She is, however, sure to become the Chief Minister if her party ousts the BJP in next month’s Assembly elections. Her rival, the youthful Chief Minister of
Sheila Dikshit’s father-in-law, the illustrious Uma Shankar Dikshit, hailed from Kannauj and has an ancestral house there. Though Sheilaji never lived in Kannauj, the people of the constituency elected their “daughter-in-law” to the Lok Sabha in the 1984 elections. Uma Shankar Dikshit was a confidant of the Nehru family and a trusted lieutenant and political manager of the late Indira Gandhi.
A bright, dashing and charming
Her’s was not a political family but the course of Sheilaji’s life changed in her new home where politics was talked about all the time, at breakfast, lunch and dinner. Groups of Congressmen thronged Dikshitji’s house both in
The great split in the Congress in 1969 was perhaps, the biggest challenge of Mrs Gandhi’s political career. She relied on only a handful of her supporters for advice and strategy formulation and Dikshitji was one of them. His schedule became hectic and busy and he needed a reliable secretary to help him. Having known everybody who mattered in politics by then Sheilaji was the right person to assist her father-in-law.
Sheilaji managed his affairs very well and Dikshitji was heard many times telling middle-rung Congress leaders to “talk to Sheilaji”. She listened to their problems with patience and sympathy and conveyed them faithfully to her father-in-law and often provided solutions too. Her grooming in politics has been long, gruelling and perfect and even Indira Gandhi was impressed by her dash and nominated her a member of the Indian delegation to the UN Commission on Status of Woman.
Sheilaji had a miraculous escape when militancy was at its height in
Soon after Rajiv Gandhi inducted Sheilaji in his government and within months she was moved to the PMO as Minister of State entrusted with the task of political management. With years of experience, having worked with her father-in-law, she did the job exceedingly well and became an influential Minister.
The biggest tragedy of Sheilaji’s life occurred when her husband died suddenly following a massive heart attack while travelling from
Vinod was only 49 and left behind two children; a son and a daughter.
Matured over the years in politics and now spearheading the Congress party’s poll campaign in
“People have seen five years of the BJP rule in
http://www.tribuneindia.com/1998/98oct25/edit.htm#3
To,
The Commissioner
Municipal Corporation
Jabalpur.482001.
DATED:-14-6-2007
Subject :-Issuance of Duplicate Copy of the Original Death Certificate of Shri Jagdish Chandra Dhody who passed away to his heavenly abode on
Sir,
I ;Mamta Kalra ; previously bonafide resident of
Daughter of Shri J.C.Dhody ,residing at the following
Address :-MIG-22,
JABALPUR.482001.
Hereby appeal that the Municipal Corporation of Jabalpur should issue me a duplicate copy of my father’s Original Death Certificate,who expired on 16-11-1994 at Jabalpur Hospital,Katanga Colony.My immediate family residing at Jabalpur which includes my elder brother Shri Vipin Dhody and my Mother Shrimati Chandra Kanta Dhody are not complying with me to provide the same; or its copy to me.
My father’s death was medically engineered by the criminal conspiracy of doctors who attended to him at Grover Heart hospital as well as Jabalpur Heart Hospital ,supposedly good hospitals of Jabalpur.He expired at Jabalpur Heart Hospital in Katanga ,but had been under the treatment of Grover Heart hospital,which he had visited in the evening,15-11-1994,before his death in the next morning,of 16-11-1994.
Please see the papers enclosed to see that all the persons devoted in the service of the nation are medically as well as physically terminated by Muslim assassins .The first example is Shri Shyama Prasad Mukherjee who was medically terminated in Kashmir on June 23rd 1953, by also the so called non compliance of the Congress opposition who were accused of not providing him adequate security.But Shri Jawahar Lal Nehru himself was medically terminated on a very significant date 27-5-1964 ,when he was trying to settle the same Kashmir issue by Muslim Jihadis.I my self is involved in suggesting to the Press ;to forward my suggestions on resolving the Kashmir Issue ,to the opposition in power with the original Marxists of Shyama Prasad Mukherjee ,who saved Bengal from being merged into Pakistan and presently Brinda Karat.I have sent my suggestions concerning the grant of Tribal rights to the Dogras and Gujjars of Kashmir to line the borders and settle the Kashmiri Brahmins in the Pampore district to Gandherbal vertically and Magam to Nagbaran horizontally once again.Although Kashmiri Brahmins have properties all over Kashmir but they are mainly settled in these areas.
http://en.wikipedia.org/wiki/Magam
The filthiest blot of history is that nearly six lakh Brahmin families lost their family members to terrorism and even stress diabetes ,and no one came forward to compensate them.Same is not the case for Muslims.However go to the following web address:-
http://www.pulwama.nic.in/Exgratia.htm
and you will see that muslims are being given money,with the glaring reality that there are thousands missing in the valley and there are no records of their death.A copy of the 39th page of the list showing 1405 muslims given 1 lakh shows the filthy nexus of the misuse of Article 370.Were proper death certificates submitted by the authorities in question and how genuine were they?Please see copies of my daughter’s birth certificates ;the original being of 23-8-1993 and the fake being of 23-1-1994,which itself was a criminal misdemeanor ; in my family.. This is how our own government at the centre is financing terrorism and there is a need to bring out a white paper on the same in Parliament as also the death sentence of Afzal Guru of Mukherjee Nagar,
There was an agreement on the Durrand Line(Mortimer Durrand-Sehore) made in 1893 for 100 years which expired in 1993;as India and Pakistan gained Independence from the British and became two separate entities .However the issue to my discretion is of international accord and should be presented to the International Court at the Hague-UN.All these matters I have been working on as also apprising the Police Department of India ;especially Delhi Police under Ministry of Home Affairs; as to how they will figure in this entire embezzlement of Kashmir from India governed by the Special Police Establishment Act of 1946.All these matters have been reported to senior Police officials of Delhi Police ,especially in the North District as well as the Commisioner’s office,with copies to the all powerful Press with examples like Shivani, four journalists - Anju Sharma (Hindustan Times), Sanjiv Sinha (Indian Express), Ranjan Jha (Aaj Tak TV channel) and Gopal Bisht (Aaj Tak),who crashed with Madhav Rao Scindia.Any one who comes out with the solution to the resettlement of the Kesar field owners ,the Kashmiri Brahmins is either killed ,maimed or his entire family destroyed like mine.The muslims are enjoying themselves with Gonernment funds and do not even need to work there.The finances of the underworld Mafia like Abu Salem,Dawood ect all reach the valley as they are one with Pakistan and Palestine Liberation Organisation.Yaseer Arafat in his speech has openly talked of Psychological terrorism ,which Islam will inflict on Jews and other non believers.They want a supremacy of Islam and are massacring the peaceful.A copy of their statements as well as Islamic cruelty is enclosed.Also is enclosed how great leaders are being terminated by date ,showing open Terrorism
Kennedy-22-11-1963
Mukherjee-23-6-1953
Nehru-27-5-1964
Gurudutt-10-10-1964
My father was medically terminated on
The copies of my daughter’s fudged birth certificate,the criminal conspiracy behind my father’s death,the nature of my work represented graphically showing the Introduction of Forensic /legal Psychology to the Indian Judiciary; presently under the perusal of Delhi University as well as the scans of photos of terrorism on Mandirs of the Nigam Bodh Ghat ,broken intentionally due to Arya Samaj,inspite of them having their own Dayanand Crematorium ;and the significant presence of religious leaders Samadhis like Mahatma Gandhi near Nigam bodh ghat; are enclosed.The scans show religious symbolism being used especially the green color of Muslims on the authorities Head Quarters.Also are enclosed my identity as Mamta Dhody on my college and School certificates enclosed; as well as copy of my pancard and Court oath certificate of marriage to Mr. S.P. Kalra on 17-10-1985.
The Times of India copy of 21-12-2006 is also enclosed with mind mentioned under Osama Laden photo with Manu Sharma conviction.The Qutub Collonade was an ADDA of disrepute ,arranging second marriages of old men.My report card showing foul play with total marks amounting to a very significant number 327, is also enclosed.This symbolism also exists at Tihar jail along with its Pankha and Lajwanti landmarks.The two women Ram durbar of Pragati Maidan Metro station with a saint looking like an Italian are also enclosed.The ancient Blue Shiva statue of Mehrauli Mandir which was replaced and symbolism of the Anang Pal Iron Pillar of Kutub Minar are also enclosed.Raj Ghat,no,7 Police booth after 7th avatar Ramji and Mukherjee nagar Mother Dairy milk booth No.53 all show number symbolism.Rajiv Gandhi’s Samadhi has circles of Hinduism.The Calcutta Quran Petition filed by Chopra is also enclosed,in which he asked the Calcutta High Court to Ban the Quran as it teaches Terrorism.Psychological terrorism is potrayed by the book published after Kennedy’s and Nehruji’s death- pioneers of solution to Kashmir and West Bank problems-called ;_
“I Never Promised You a Rose Garden” showing the infliction of Schizophrenia by islamists on 16 samskara and Jews ,symbolized by Monday voices ect on cover pages .The book was published in 1964 and had 252 pages with the 252 number missing on the original PAN publication.The cover shows a naked girl.Thera are also articles of Chattisgarh Madness reporting Tantriks as well as Priyanka Vadhera deep into Forensic Science of autopsies of murdered Corpses.
Enclosed are documents of Law Faculty –
Also is enclosed ,as to why my family in Jabalpur was terrorized and forced to buy MIG -22 and no other house number in Katanga Colony-the document showing my blue blood antecedents; who had gifted the land of Rawalpindi Cantt., to the Government of undivided
Keeping all these facts in picture as also that I might need to present the copy of my father’s death certificate to the Honorable Supreme court of India ,showing the misuse of medical sciemce in India,please arrange for a copy of the same to be sent to me .As I have supplied all the details as under
:-
Name of Deceased :-Shri Jagdish Chandra Dhody
Date of Death:-16-11-1994
Place of Death:-
[Under treatment of Dr.Ajay Grover of Grover Heart hospital.]
Address of Deceased at time of Death:-MIG 22 ,Katanga Housing Board Colony ,Jabalpur.M.P.482001.
Age:- 64 Years.
Diagnosed:-Heart Attack as reason of Death.
Retired from UNITED
DAUGHTER OF DECEASED APPLYING FOR COPY OF ORIGINAL DEATH CERTIFICATE of Shri J.C.Dhody
-Mamta Dhody Kalra.
Presently resident of
ADDRESS:-
Mamta dhody Kalra
1513,Outram Lane
Mukherjee Nagar
Delhi-9 . Phone Number:- 27605550.
I also contacted the Municipal Corporation of
President (Municipal Corporation
Ph No. : 94253-59499, 2611429, 2600820 who gave me the numbers:- 2403020 ,2403021,2403022.
Thanking You,
MAMTA KALRA
Please see the marksheet of my son who wants to become an automobile engineer .You will see 49 marks in Maths,in 11th class
Article 49 of the constitution is as following:-
49. Protection of monuments and places and objects of national importance.—It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
http://indiacode.nic.in/coiweb/welcome.html
COAL MINES ,STEEL PLANTS,NUCLEAR PLANTS,SPACE INSTALLATIONS,
The CISF is providing security cover to 269 Units located all over the country. This list comprises vital Industrial Sectors like Atomic Power plants, space installations, Defence production units, Mints, Oil fields and Refineries, Major Ports, Heavy Engineering, Steel Plants, Barrages, Fertilizer units, Air ports and Hydro electric/thermal power plants. Most of these installations are located in difficult terrains of the country with extreme climates
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