Justice P.B. Sawant[1]
406. The inequalities in Indian society are born in homes and sustained through every medium of social advancement. Inhuman habitations, limited and crippling social intercourse, low-grade educational institutions and degrading occupations perpetuate the inequities in myriad ways. Those who are fortunate to make their escape from these all-pervasive dragnets by managing to attain at least the minimum of attainments in spite of the paralysing effects of the debilitating social environment, have to compete with others to cross the threshold of their backwardness. Are not those attainments, however low by the traditional standards of measuring them, in the circumstances in which they are gained, more creditable? Do they not show sufficient grit and determination, intelligence, diligence, potentiality and inclination towards learning and scholarship? Is it fair to compare these attainments with those of one who had all the advantages of decent accommodation with all the comfort and facilities, enlightened and affluent family and social life, and high-quality education can the advantages gained on account of the superior social circumstances be put in the scales to claim merit and flaunted as fundamental rights ? May be in many cases, those coming from the high classes have not utilised their advantages fully and their score, though comprised with others, is high, is in fact not so when evaluated against the backdrop of their superior advantages – may even be lower. With the same advantages, others might have scored better. In this connection, Dr. Ambedkar’s example is worth citing. In his matriculation examination, he secured only 37.5% of the marks, the minimum for passing being 35% [See: “Dr. Ambedkar” by Dr. Dhananjay Keer]. If his potentialities were to be judged by the said marks, the country would have lost the benefit of his talent for all times to come.
407. Those who advance merit contention, unfortunately, also ignore the very basic fact – (though in other contexts, they may be the first to accept it) – that the traditional method of evaluating merit is neither scientific nor realistic. Marks in one-time oral or written test do not necessarily prove the worth or suitability of an individual to a particular post, much less do they indicate his comparative calibre. What is more, for different posts, different tests have to be applied to judge the suitability. The basic problems of this country are mass-oriented. India lives in villages, and in slums in towns and cities. To tackle their problems and to implement measures to better their lot, the country needs personnel who have first-hand knowledge of their problems and have personal interest in solving them. What is needed is empathy and not mere sympathy. One of the major reasons why during all these years after Independence, the lot of the downtrodden has however been marginally improved and why majority of the schemes for their welfare have remained on paper, is perceptibly traceable to the fact that the implementing machinery dominated as it is by the high classes, is indifferent to their problems. The Mandal Commission’s lament in its report’ that it did not even receive replies to the information sought by it from various Governments, departments and organizations on the caste-wise composition of their services, speaks volumes or, the point. A policy of deliberate reservations and recruitment in administration from the lower classes, who form the bulk of the population and whose problems primarily are to be solved on a priority basis by any administration with democratic pretensions, is therefore, not only eminently just but essential to implement the Constitution, and to ensure stability, unity and prosperity of the country.
408. What should further not be forgotten is that hitherto for centuries, there have been cent per cent reservations in practice in all fields, in favour of the high castes and classes, to the total exclusion of others. It was a purely caste and class-based reservation. The administration in the State where the reservations are in vogue for about three quarters of a century now, further cannot be said to be inferior to others in any manner. The reservations are aimed at securing proper representation in administration to all sections of the society, intelligence and administrative capacity being not the monopoly of any one class, caste or community. This would help to promote healthy administration of the country avoiding sectarian approaches and securing the requisite talent from all available sources.
409. The assumption that the reservations lead to the appointment or admission of non-meritorious candidates is also not factually correct. In the first instance, there are minimum qualifying marks prescribed for appointment/admission. Secondly, there is a fierce competition among the backward class candidates for the seats in the reserved quota. This has resulted in the cut-off marks for the seats in the reserved quota reaching near the cut-off line for seats in the general quota as some surveys made on the subject show. A sample of such surveys made for the State of Tamil Nadu by Era Sezhian and published in the issue of the “Hindu” dated 8th October, 1990 may be reproduced here :
Selection to professional courses : Cut-off level
Course of Study, Open Competition, Backward, Most Backward, Scheduled Caste
Engineering Course [Anna University]
Computer Science, 97.98%, 96.58%, 93.25%, 84.38%
Electronics, 97.74%, 96.08%, 92.16%, 82.22%
Electrical, 95.84%, 95.42%, 91.48%, 81.98%
Mechanical Engg., 95.78%, 94.10%, 90.66%, 79.21%
Medical Course [University of Madras]
M.B.B.S., 95.22%, 93.18%, 89.62%, 83.98%
Agricultural Course, [Agricultural University, Coimbatore]
B. Sc. Agri., 90.90%, 90.08%, 86.10%, 78.04%
B. E. Agri., 92.66%, 91.96%, 87.46%, 76.14%
Veterinary [Tamil Nadu Veterinary & Animal Sciences University]
BVSc., 94.90%, 93.48%, 91.18%, 85.24%
BFSc., 96.96%, 95.58%, 95.02%, 93.02%
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410. By what logic can it be said that the above marks secured by the candidates from the backward classes are not meritorious ?
411. The reservations by their very nature have, however, to be imaginative, discriminating and gradual, if they are to achieve their desired goal. A dogmatic, unrealistic and hasty approach to any social problem proves, more often than not, self-defeating. This is more so when ills spread over centuries are sought to be remedied. It is not possible to remove the backlog in representation at all levels of the administration in one generation. More difficult it is to do so in all fields and all branches of administration, and at the same pace. It will not only be destructive of the object of reservations but will positively be harmful even to those for whom it is meant not to speak of the society as a whole. It must be remembered that some individual exceptions apart, even the advanced classes have not made it to the top in one generation. Such exceptions are found in backward classes as well.
[1] This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448