Subclassification of scheduled castes: Haryana govt asks SC panel to analyse data
Data on inadequacy of representation in the services must be collected as it indicates backwardness, says top court’s ruling
The BJP government in Haryana on Thursday set in motion the process to ascertain inadequacy of representation of scheduled castes (SCs) in public employment because of their backwardness. The Council of Ministers made a reference to the Haryana Scheduled Caste Commission, headed by former MLA Ravinder Baliyala, to analyse data pertaining to the scheduled castes in the state and make recommendations to facilitate subclassification of scheduled castes.
The move is an outcome of the August 1 seven-judge constitution bench judgement of the Supreme Court allowing subclassification of scheduled castes by the state governments. With Haryana assembly elections likely in October, the BJP would like to mollify a section of the scheduled castes in the state by quickly going through the process of subclassification for the purpose of reservation in public employment.
‘Must be based on empirical data’
The apex court had held that the state can sub-classify, inter alia, based on inadequate representation of certain castes. “However, it must establish that the inadequacy of representation of a caste/group is because of its backwardness. The state must collect data on the inadequacy of representation in the services of the state because it is used as an indicator of backwardness,’’ Chief Justice DY Chandrachud and Justice Manoj Misra said in their order.
Justice BR Gavai in his ruling held the state will have to justify that the group for which more beneficial treatment is provided is inadequately represented as compared to the other castes in the said list. “While doing so, the state will have to justify the same on the basis of empirical data that a sub-class in whose favour such more beneficial treatment is provided is not adequately represented,’’ Justice Gavai said.
The apex court judgement had held that a November 9, 1994 Haryana government notification by which the scheduled castes in the state were classified in two categories – block A and B for the purpose of reservation — is also valid.
The notification creating a subclassification among scheduled castes was quashed by the Punjab and Haryana high court on July 6, 2006. The special leave petitions challenging the 2006 HC judgment before the Supreme Court were tagged with the appeals involving the challenge to the Punjab Act.
‘Subclassification done in 1994 becomes valid’
The state government in 1994 classified Haryana’s scheduled castes into two categories. While the block B consisted of Chamars, Jatia Chamars, Rahgars, Raigars, Ramdasias or Ravidasias, the block A consisted of 36 castes in the list of scheduled castes for the state. Some of the 36 castes were Ad Dharmi, Balmiki, Dhanak, Doom, Kabirpanthi, Julaha , Khatik, Kori, Koli, Mazhabi, Nat, Badi, Od, Perna, Sansi, Bangali, Barar, Bawaria, Bazigar, Bhanjra, Chanal, Dagi, Darain, Dhogri, Dhangri, Sapera, Sikligar, Sirkiband.
Within the quota reserved for scheduled castes in direct recruitment for government jobs, 50% of the vacancies each were to be offered to candidates from block A and block B. The 1994 notification further stipulated that in case suitable candidates from a block were unavailable, candidates from the other block be recruited against those vacancies. The constitutional validity of the notification was challenged in the high court. The HC on July 6, 2006, quashed the 1994 notification, terming it unconstitutional in view of the Supreme Court judgment in EV Chinnaiah case. Haryana government’s senior counsel, Arun Bhardwaj had told HT that the apex court’s order allowing subclassification and overruling the EV Chinnaiah judgement makes the 1994 notification valid.
“However, a fresh notification for subclassification of scheduled castes can only be made on the basis of quantifiable and demonstrable data bearing on levels of backwardness and representation in the services of the state,’’ said a top official quoting the apex court judgement.
Public employment data of SCs analysed in 2020
While enacting a legislation for setting aside 50% of the 20% seats reserved for scheduled castes in high education institutions for a new category – the deprived scheduled castes, the BJP government in 2020 had analysed the data of government employees. The data revealed that the total representation of a section of the scheduled castes in Haryana government jobs comprising 36 castes designated as deprived scheduled castes was only 4.7%, 4.14% and 6.27% in group A, B and C services, respectively, even though their population is about 11% of the total population of the state. The population of the other category of scheduled castes in Haryana was also about 11% of the total population but in respect of their representation in government jobs, their share was far high at 11%, 11.31% and 11.8% in group A, B and C, respectively.