Details for registration number: DLGLA/E/2019/00181

Name of Complainant Naresh Kadyan

Date of Receipt 09/02/2019
Received by Department of Legal Affairs
Grievance Description:
Scouts & Guides for Animals & Births is a Trust duly registered with the Govt. of Delhi
under Indian Trust Act bearing No. 980, duly affiliated with the NITI Ayog Darpan
bearing No. DL/2018/0203495.
Government of India has decided to amend the constitution for 10% reservation or quota
for economically weaker section in Government Jobs and Higher Education in general
category. The Constitution (103 Amendment) Act, 2019 received president approval couple
of days back. This act to amends article 15 and 16 constitution by adding amendment
clause. This 10% reservations or quota is in addition to existing reservations and a
maximum of 10% in each category. Parliament has passed this bill on 9th January and
President approved on 12th January along with Government Notification, which was
issued as on 12th January, 2019. Govt. of India thinks that economically weaker section of
individuals has been largely excluded from part of higher educational institutions and
Govt. employment as they are financially weak compared to others who are more
economically privileged. While there are current reservations, these are caste specific
reservation which is not helping economically backward classes. In view of this, Govt. of
India thought of providing 10% reservations for Economically Weaker sections (EWS).
Currently there is a 50% reservation for SC, ST and OBC for higher education or Govt.
jobs, tabled 10% reservations now for economically backward upper castes, current
reservation would be 60% including 10% quotas would be in general category. For the
purpose of Article 16, economically weaker sections would be determined by the State from
time to time on the basis of family income and other indices of economic disadvantages.
As per the details available, here are the criteria to check the eligibility of 10%
reservations. All eligibility has to be met who would be classified as economically weaker
sections.
1) People earning less than Rs 8 Lakhs annual income.
2) The families that own agriculture land of 5 Acres of land.
3) An individual has 1,000 soft house or 100 yards of plot or less in notified municipal area.
4) Individual having 200 yards of plot or less in-notified municipal area.
Whereas:
1) Agricultural senses report of 2015-2016 which is released in Sep-2018 indicates that 86%
of landholdings qualify for this 10% reservation. Means there are a 14 person who has 5
Acres of agriculture land in India.
2) Almost all individuals indicated above would qualify for 10 reservations. As per latest
national sample survey office (NSSO) 2011-12, 5 of the individuals are earning Rs 8 Lakhs
and below income in India.
3) 99% of rural individuals would qualify for this reservation as they have less than Rs 8
Lakhs of Income. The fiscal benefits as Margin Money subsidy under the Prime Minister
Employment Generation Programme: PMEGP under the fold of Khadi & Village
Industries Commission needs immediate attention & modification as matter was taken up
vide MMSME/E/2019/00041 on PG Portal but No orders were issued, which can be treat as
discrimination among society.
Prayers:
In view of the above, you are humbly requested to:
1. Direct the concerned Govt. to issue amended guidelines under the Prime Minister
Employment Generation Programme: PMEGP during current financial year 2018-2019 to
promote self employment & Make in India.
2. Restoration of human rights of economical weaker section of the society including Jat
community for self employment as 10% reservation or quota for economically weaker
section in Government Jobs and Higher Education in general category.
The Committee on Petitions, Rajya Sabha along with the Committee on Petitions, State
Assemblies of Delhi, Haryana, Rajasthan, Punjab & UP, may kindly consider this petition,
on the basis of discrimination among society and natural justice may kindly be given to the
Jat community, keeping in view the creamy layers and whole mechanism for reservation
also to be reviewed.
Current Status Case closed
Date of Action 27/09/2019
Remarks
Your suggestions have been noted for consideration and future compliance.
Officer concerns to:
Officer Name Sh. Dipta Bhanu Das
Officer Designation Deputy Secretary
CGO Complex, Ground Floor, Shastri Bhawan,
Contact Address
New Delhi
Copy forwarded for Information & necessary ation:

Hon’ble President of India

Hon’ble Vice President of India

Hon’ble Prime Minister of India

Hon’ble Speaker of Lok Sabha