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Organ trade families of reality Laden ,Emaar, DLF
























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


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.

Also Read



Get well, Leander

Brown said results of numerous tests on Paes are still being awaited.

"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_Paes

Leander 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

DELHI POLICE[MHA]

DELHI .

DATED 9-8-2007

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. Delhi police ordered all temples and restaurants in Delhi closed shortly after the explosions, and the city of Delhi has gone on red alert.

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 GANGA RAM HOSPITAL .

THAT THE BOMB BLASTS HAPPENED AT A VERY RELIGIOUSLY SIGNIFICANT DATE OF 29TH .JESSICA LAL MURDER CASE ALSO TOOK PLACE ON THE 29TH.IT ALSO HAD THE SYMBOLISM OF NUMBER 13 WHICH IS THE MARRIAGE SAMSKARA OF HINDUS AS ALSO THE LAST DAY OF FUNERAL RITES.

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 29th April 1987 a report was published in the Hindustan Times that Ayodhya issue should be settled as per ancient texts of Hindus evidences as well as the names and significant landmarks like Saryu river near same.

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

See blast aftermath footage

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 DELHI POLICE FOLLOW THE LEAD OF TRACING THE MOBILE PHONES ACTIVE ON THAT DAY?

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: Delhi

HOUSELISTING OPERATIONS* : 1st June to 30th June 2000

POPULATION ENUMERATION: 9th to 28th February 2001

* 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 General, India
2A,
Mansingh Road, New Delhi 110011
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 DELHI AVAILABLE WITH THE MUNICIPAL CORPORATION DELHI;ESPECIALLY IN VIEW OF THE COMING VIDHAN SABHA ELECTIONS?

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 MISSION AND CHECK OUT :-

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 16-11-1994.

Sir,

I ;Mamta Kalra ; previously bonafide resident of Jabalpur,and NAME :- Mamta Dhody ,

Daughter of Shri J.C.Dhody ,residing at the following

Address :-MIG-22,

KATANGA HOUSING BOARD COLONY,

NARMADA ROAD,

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,Delhi tution centres sex hovels.

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

My father was medically terminated on 16-11-1994; as I was demandind a separate 29th state Ayodhya beside the Sarayu river by 2016,for 16th Samskara of the Death of Hindus

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 –Delhi University sanctioning of my project on Forensic Psychology dated 18-11-2005 ,as well as my dissertation on Alienation and Neuroticism of 1986,Pure Psychology .

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:-Jabalpur Hospital ,Katanga Colony

[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 INDIA INSURANCE COMPANY AS SENIOR MANAGEMENT.

DAUGHTER OF DECEASED APPLYING FOR COPY OF ORIGINAL DEATH CERTIFICATE of Shri J.C.Dhody

-Mamta Dhody Kalra.

Presently resident of Delhi

ADDRESS:-

Mamta dhody Kalra

1513,Outram Lane

Mukherjee Nagar

Delhi-9 . Phone Number:- 27605550.

I also contacted the Municipal Corporation of Jabalpur on phone for the same on 11-6-2007,by contacting the President’s office:- Smt. Anuradha Pandey

President (Municipal Corporation Jabalpur)

Ph No. : 94253-59499, 2611429, 2600820 who gave me the numbers:- 2403020 ,2403021,2403022.

Thanking You,

MAMTA KALRA

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1918 - The prefix "Royal" was adopted by the Corps for meritorious service during The Ist World War.

1922 - Formation of Indian Army Ordnance Corps and its crest.

1954 - The present crest. The motto "Shastra Se Shakti" was adopted in Feb 78. In 1989 the Hindi lettering of "Shastra se Shakti" was adopted.

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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 INDIA JUDGMENT SYSTEM.

1

R.L.GUPTA & ANR. Vs. UNION OF INDIA & ORS.

Coram: VENKATARAMIAH E.S. (J)

16/03/1988

2

P.N. DUDA Vs. v. P. SHIV SHANKAR & OTHERS

Coram: MUKHARJI SABYASACHI (J)

15/04/1988

3

KEHAR SINGH & ORS. Vs. STATE (DELHI ADMN.)

Coram: OZA G.L. (J)

03/08/1988

4

KEHAR SINGH AND ANR. ETC. Vs. UNION OF INDIA and ANR.

Coram: PATHAK R.S. (CJ)

16/12/1988

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http://www.judis.nic.in/supremecourt/qrydisp.aspx?filename=92

PETITIONER:

K.C. VASANTH KUMAR & ANOTHER.

Vs.

RESPONDENT:

STATE OF KARNATAKA

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 India, 1950, Articles 15(4),16(4),29(2), 338(3) and 340- Validity of the Means test adopted in State of Karnataka order dated 22.2.1977 as modified by the Government Order dated March 1, 1979 and June 27, 1979- Guidelines for making special provision for the advancement of any socially and educationally backward classes of citizens and provision for the reservation of appointments or posts in favour of any backward classes of citizens which in to opinion of the State, is not adequately represented inthe services of the State- Conflict between "the menitoriam principle and" the "compensatory principle" 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 Mysore which now forms part of the State of Karnataka is one of the earliest States in the country in which the system of reservation for backward classes in public services was introduced. In 1918, the Government of His Highness the Maharaja of Mysore appointed a committee under the chairmanship Or Sir Leslie C. Miller, Chief, Justice of the Chief Court of Mysore to investigate and report on the problem of backward classes. The questions referred to that Committee were (i) changes needed in the
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

increased status which will thereby be produced in the backward communities. The expressions 'backward classes' and 'backward communities, were used almost interchangeably and that the contained in Article 335 of the Constitution that any reservation made should not impair efficiency was anticipated more than three decades before the Constitution was enacted. The committee submitted its report in 1921 containing its opinion that all communities in the State other than Brahmins should be understood as backward communities regarding whom it made certain recommendations.

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 Bombay, certain portions of the State of Hyderabad and the district of Sough Kanara and the Kollegal Taluk which formerly formed part of the State of Madras. There were different lists of backward communities in the five integrating units and they were allowed to continue for sometime even after the reorganisation of States.

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 Mysore in Rama Krishna Singh v. State of Mysore, AIR 1950 Mysore . The two notifications were struck down by theHigh Court holding (a) in as much as the impugned notifications contained list of backward classes including 55 per cent of the population of the State and all Hindu communities other than Brahmins, Banias and Kayasthas and all other non-Hindu communities in the State except Anglo- Indians and Parsees had been treated as backward classes it resulted more in a discrimination against the few excluded communities consisting of about 5 per cent of the total
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 January 8, 1960 under the Chairmanship of Dr R. Nagan Gowda for the purpose of determining the criteria for the classification of backward classes in the State with the following tern s of reference: (i) to suggest the criteria to be adopted in determining which sections of the people in the State should be treated as socially and educationally backward and (ii) to suggest the exact manner in which the
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 February 19, 1960. On the basis of the Interim Report of the Committee, the State Government passed an order dated June 9, 1960 regarding
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 S.A. Partha & Ors. v. The State of Mysore & Ors. A.J.R. 1961 Mys. 220. The High Court found that the direction contained
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 May 16, 1961. After taking into consideration the recommendations made in the said Report, the State Government issued an order for the purpose of Article 15 (4) of the Constitution on July 10, 1961. By that order, the State Government specified 81 classes of people as backward classes and 135 classes of people as more backward classes and reserved 30 percent of seat-professional and technical institutions for backward and more backward classes. 15 per cent and 3 per cent of the seats were reserved for Scheduled Castes and Scheduled Tribes respectively and the remaining 52 per cent of the
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 Mysore [1963] Supp. 1 SCR 439.

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 July 26, 1963 which directed that 30 per cent of the seats in professional and technical colleges and institutions should be reserved for backward classes as defined in that order and that 18 per cent of the seats should be reserved for the Scheduled Castes and Scheduled Tribes. The criteria laid down in that order for determining social and economic backwardness were two-fold-income and occupation. It stated that those who followed occupations of agriculture, petty business, inferior service, crafts or other occupations involving manual labour and whose family income was lessthan Rs. 1,200 per annum were to be treated as belonging to backward classes.

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 November 19,1975. The Commission recommended that person belonging to backward classes for purposes of Article 15(4) of the Constitution should be divided into three groups-(a) backward communities consisting of 15 castes (b) backward castes consisting of 128 castes and (c) backward tribes consisting of 62 tribes.

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 February 22,1977 whereunder it listed the Backward communities. Backward Castes and Backward Tribes who shall be treated as Backward classes for purposes of Articles 15(4) and 16(4) of the Constitution of India. The order clarified, (a) that only such citizens of these Backward Classes whose family income per annum from all sources if Rs. 8000 (Eight thou sands only) and below
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 February 22, 1977 and another notification dated March 4, 1977 issued for purposes of Article 16(4) had also been challenged in a number of writ petitions filed under Article 226 of the Constitution before the High Court of Karnataka in S Somashekarappa &
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 May 1, 1979, the reservation for backward communities was reduced to 18 per cent A for purposes of Article 16(4). By an order dated June 27, 1979, the State Government modified the Government order dated February 22, 1977 b increasing the reservation for 'Special Group' from 5 per cent to 15 per cent both for purposes of Article 15(4) and Article 16(4) of the Constitution. Thus as on date, the total reservation for purposes of Article 15(4) is 68 per cent and for purposes of Article 16(4) is 66 per cent. There are only 32 per cent seats in professional and technical colleges and 34 per cent posts in Government services which can be filled up on the basis of merit. These writ petitions filed under Article 32 of the Constitution of India, seek to challenge the Constitutional validity of the State Government orders dated February 22,1977 as modified by the Government orders dated May ],1979 and June 27,1979. Disposing of the petitions and the appeals by Special Leave, the Court expressed their following opinions, Per Chandrachud, C.J.
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 Madras v. Srimathi Champakam Dorairajad & Anr

[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 Mysore &

Ors. [1964] 6 SCR 368; Triloki Nath & Anr v. State of Jammu

JUDGMENT:

State of Jammu & Kashmir & Ors [1969] I SCR 103; A.

Peeriakaruppan etc. v. State of Tamil Nadu [1971] 2 SCR 430,

State of Andhra Pradesh & Ors. v. U.S.V. Balram etc [19721 3

SCR 247; Janki Prasad Parimoo & Ors etc etc v State of Jammu

& Kashmir & Ors. [ 1973] 3 SCR 236; State of Uttar Pradesh v

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, India is such a vast country that conditions

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, India is such a vast country that conditions vary from

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.

http://www.dpsrkp.net/intladmissions.htm

http://www.youtube.com/watch?v=nBdi3Cm1cLc

Chak De India Title Song

http://www.dpsrkp.net/intladmissions.htm

School Address

Delhi Public School
Sector XII, R. K. Puram
New Delhi - 110022
India

Admission Timings Activities ■ Notices International Admissions Schools@PlanetVidya PVMail Exun Clan

International Admissions

Students of Delhi Public School R.K. Puram have not only acquired admissions in prestigious institutions in India but have also been successful in glorifying the school’s name in the international arena. The following is the list of the 2005-2006 batch of students who have secured admission in universities across the globe.

S.No. Name of Student Course

University/College Remarks

1 .Gaurav Maken - Computer Engineering- Drexel, Toronto, Ryerson, Waterloo

2-Neha Upadhyay- B.Sc. Psychology - Lancaster

3 Sahil Taneja - B.B.A. - Lancaster

4 .Ankit Aggarwal - Business Studies - Lancaster

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 San Diego, Manchester, Edinburgh and Southampton Academic Award of $15,000 at Purdue

8-Charit Taneja -Secondary School -Faffles Institution Singapore Full Scholarship

9 Mayank Gupta Secondary School Faffles Institution Singapore Full Scholarship

10 Anwita Khaitan Secondary School Faffles Institution Singapore Full

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, South Korea

15 Angad Singh Chopra Mechanical Engineering Purdue

16 Anukriti Puri Computer Engineering Drexel with Scholarship

17 Angadeep Singh Mechanical Engineering Purdue, University of Illinois (UC) Michigan Ann-Arbor

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 Drexel, Minnesota, Arizona State, Purdue, Cincinnati

20 Shrinjan Khosla Computer Engineering Purdue, University of Washington in St. Louis

21 Samarth Modwal Engineering McGill, Toronto, Canada

22 Neha Khullar Economics Business Mount, Holyoke, Drexel, Manchester, York, Nottingham, Essex, Warwick & SMU Scholarship awarded by Drexel

23 Joyeeta Biswas Engineering Carnegie Mellon, Drexel Scholarship awarded by Drexel

24 Arjun Sawhney Finance Emory, Indiana, Bryant

25 Harkirat Singh Computer Engineering Illinois (UC), Carnegie Mellon, Texas Austin

26 Dhruv Gonga Computer Engineering Drexel, N. Iowa, St. John's University Scholarship awarded by Drexel

27 Garun Gautam Business Management London School of Economics, Lancaster, Royal Holloway Conditional offer by LSE

28 Ananya Prakash Engineering Drexel With scholarship

29 Tarun Sharma Computer Science Clarkson, Stevens Institute of Tech (ED)

30 Mahum Shabir

Liberal Arts Harward, Yale, U-Penn, Duke, Princeton, Grinnell, Swartmore, Drexel 100% scholarship at Harward 95%at Princeton and U-Penn scholarship awarded by Drexel

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, Waterloo, McMaster and Drexel Scholarship awarded by Drexel

33 Vibhas Jain Computer Engineering University of Washington in St. Louis, University of Santa Clara

34 Ishita Kapoor Computer Engineering Santa Clara, Carnegie Mellon

35 Rohan Juneja

Engineering Georgia Tech, Virginia Tech, Michigan Ann-Arbor, U. Illinois at UC, University of Maryland, Purdue

36 Agasthya Arya

Computer Sc. Purdue, Penn State, Carkson, NJIT Suny Baffalo, Drexel Sholarhip awarded by Drexel

37 Fatima Husain

Bio-Medical Engineering Yale, Drexel, Columbia, U Penn, Boston. 80% scholarship at Yale

38 Tanvi Misra

Biological Science NU, Emory, U-Penn, Tulane, Girginia, Case Western, Boston.

39 Mehak Gandhi

Medical Integrated Program Boston, Drexel

40 Roahn Sharma Engineering Michigan, Purdue, Cornell, Drexel Scholarship awarded by Drexel

41 Rashi Sabherwal Plus Two United World College (Pune) 100% scholarship

42 Saurav Bhatia Engineering Virginia, Tufs, USC, Cornell, Waterloo 100% scholarship at Tufts & 50% at USC

43 Rishabh Katyal

Economics Rochester, Drexel Scholarship awarded by Drexel

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), Boston, Drexel Scholarship awarded by Drexel

46 Shipra Srinivasan

Economics and International Relations NYU, Boston, Tufts, Colgate, Drexel Scholarship awarded by Drexel

47 Shitij Gupta Literature, Science & Arts Michigan Ann-Arbor

48 Geetika Kumar Literature, Science & Arts Michigan Ann-Arbor, Boston Univ. Emory, Univ. of Illinois at UC

49 Shweta Sharma Software Engineering Univresity of Melbourne

50 Priyanka Mittal Software Engineering University of Melbourne

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, Texas at Brownsville Scholarship awarded by 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, Nottingham, Aston, UK

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 Univ. of Maryland, Minnesota, N. Carolina State

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 Australian National University,Queensland, Macquari, NSW Full Scholarship at ANU

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 Santa Barbara

71 Priyadarshi Panda Ph D Chemical Engineering MIT

72 V. R. Dhananjay MS in Communication Technological Univ. of Munich Duke, Amherst, Univ. Virginia Full tuition waiver

73 Saswati Das Engineering Drexel, Illinois Wesleyan Scholarship awarded by Drexel

74 Anuj Sawani MS Electrical Engineering Penn State

75 Sahil Behl MBA Cardiff

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 (UK)

79 Chaitanya Sharma MS Electrical Engineering Stanford

80 Akansha Saxena Biomedical Engineering Drexel Scholarship awarded by Drexel

81 Akash Sharma Engineering Drexel, Texas at Brownsville Scholarship awarded by 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 Sana Macha Engineering Nayang Technological University 100% Scholarship

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, UK

92 Sidharth Singhal BA (Accounting & Management) Leeds Business School

93 Tanuj Sharma M. Engg. (Electrical & Embedded Computer System Engineering) School of Electronic & Electrical Engg. at Leeds.

94 Neeraj Kumar B.MOS (Finance Administration) University of Western Ontario Huron College, King's College, Ryerson University of Toronto

95 Madhur Mehta Finance and Administration Windsor, Memorial University of New Foundland.

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 Humber College, George Brown College, Toronto

115 Kunal Sood BBA and Computers Warwick

116 Vishal Bhavnani Accounting and Finance Warwick

117 Neha Misra M.A. in International Journalism Cardiff

118 Karanjit kalsi M. Engineering (Electrical & Wireless Communication) University of Sheffield, UK

International Admissions 2005

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Please see the symbolism being used to kill people as following :-

Spearheading Congress party’s poll campaign

Profile
By Harihar Swarup

SHEILA DIKSHIT may legitimately claim to be a daughter of Delhi but she is also daughter-in-law of the city of fragrance, Kannauj, a sleepy little town in Uttar Pradesh. Kannauj is globally renowned for producing perfumes or, as they call it in the local language, “itar” by indigenous techniques. The “itar” was used by maharajas, rajas and nawabs in olden days and the viceroys and the governors and their “memsahibs” admired its aroma during the British raj. The famous Kannauj “itar” was said to be much superior to the perfumes of Paris and its scent lasted much longer.

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 Delhi, Sushma Swaraj, is 15 years younger to her. Though originally belonging to Haryana, Sushma too is now a full-fledged Delhiite. Sheilaji was born in Punjab and her ancestors hailed from Kapurthala.

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 Delhi girl having been educated in Jesus and Mary School and Miranda House, she married Dikshitji’s only son, Vinod Dikshit, an IAS officer of the UP cadre, and became “bahu” of an orthodox Brahmin family. Sheilaji was born in Kapurthala in 1938 but her parents subsequently moved to Delhi and settled down at Neelkatra locality in Chandni Chowk.

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 Lucknow and Delhi and she managed the Dikshit’s household very efficiently, looking after the visitors, guests and top leaders. This was her first exposure to politics and Sheilaji, sharp as she is, learnt her lessons well.

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 Punjab in September, 1985. Accompanied by Mahendra Prasad, MP from Bihar, popularly known as “King Mahendra”, she was driving to Amritsar after addressing an election meeting at Batala. She wanted to drive non-stop to Amritsar but King Mahendra and others in the car insisted that they must halt somewhere for lunch. Sheilaji broke her journey and proceeded to a wayside hotel. The moment they sat down and ordered cold drinks, there was a loud explosion. The Toyota car belonging to King Mahendra blew up in flames. Someone had planted a time bomb underneath the car. Sheilaji and the other occupants of the car escaped death by a few minutes. King Mahendra still preserves the mangled car as a reminder of the dark days of militancy in Punjab.

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 Kanpur to Delhi and emergency medical aid could not be given to him. She was shaken but took the irreparable loss with great courage.

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 Delhi, Sheilaji weighs every word before speaking and every sentence has a meaning. She says times have changed vastly since the Lok Sabha elections early this year.

“People have seen five years of the BJP rule in Delhi and eight months of the Vajpayee Government at the Centre. Just compare it with the Congress rule of any period and the answer will be loud and clear”, she says.

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 16-11-1994.

Sir,

I ;Mamta Kalra ; previously bonafide resident of Jabalpur,and NAME :- Mamta Dhody ,

Daughter of Shri J.C.Dhody ,residing at the following

Address :-MIG-22,

KATANGA HOUSING BOARD COLONY,

NARMADA ROAD,

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,Delhi tution centres sex hovels.

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 16-11-1994; as I was demandind a separate 29th state Ayodhya beside the Sarayu river by 2016,for 16th Samskara of the Death of Hindus.

India Today,  April 1, 2002

India Today,  March 25, 2002

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 –Delhi University sanctioning of my project on Forensic Psychology dated 18-11-2005 ,as well as my dissertation on Alienation and Neuroticism of 1986,Pure Psychology .

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:-Jabalpur Hospital ,Katanga Colony

[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 INDIA INSURANCE COMPANY AS SENIOR MANAGEMENT.

DAUGHTER OF DECEASED APPLYING FOR COPY OF ORIGINAL DEATH CERTIFICATE of Shri J.C.Dhody

-Mamta Dhody Kalra.

Presently resident of Delhi

ADDRESS:-

Mamta dhody Kalra

1513,Outram Lane

Mukherjee Nagar

Delhi-9 . Phone Number:- 27605550.

I also contacted the Municipal Corporation of Jabalpur on phone for the same on 11-6-2007,by contacting the President’s office:- Smt. Anuradha Pandey

President (Municipal Corporation Jabalpur)

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.

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