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RESERVATION POLICY (CONCLUSION : NEEDS REVISION (ACC. TO SATISH DESPANDE…

- - - - BUT IS RESERVATION ENOUGH
- - - - RESERVATION DIMINISHES SELF AND PROMOTE HYPOCRISY AS OPINION IN PUBLIC AND PRIVATE ARE DIFFERENT
    - - RESERVATION POLICY IN INDIA HAS REACHED TO DEAD END. AND TODAY RAISED MORE QUESTIONS THAN ANSWERS
    - - RESERVATION CREATES MORE HEAT THAN LIGHT
  - - - BELIEVES THAT MEASURE LIKE RESERVATIONS ARE REQUIRED TO BRING MARGINALIZED SECTION INTO MAIN STREAM
      - RESERVATION SCHEME IS WRONGLY PERCEIVED AS EMPLOYMENT GENERATION SCHEME
    - - HELD THAT PEOPLE NEEDS TO SENSITIZE ABOUT HISTORICAL INJUSTICE, EXCLUSION DONE TO THESE CLASSES SO RESERVATION IN EDUCATION AND ADMINISTRATION IS JUSTIFIED
- - - - EQUAL OPPORTUNITY COMMISSION
        
        WHICH WILL ENSURE THAT DALIT COMMUNITY DON'T FACE DISCRIMINATION
    - - LIKE THAT IN USA WHERE COMPANY ARE REQUIRED TO MAINTAIN PEOPLE FROM DIVERSE BACKGROUND
- - - - DUE TO THIS RESERVATION FOR OBC REMAINS THE MORE POLITICIZED ISSUE
      - VIEWS OF SC ON CRITERIA:
        
        BALAJI VS STATE OF MYSORE 1962 :arrow_double_down:
        
        CASTE CAN'T BE SOLE CRITERIA TO DETERMINE BACKWARDNESS
        
        INDIRA SAHNEY CASE 1992
        SC CHANGED ITS STANCE :arrow_double_down:
        
        CASTE TO BE DOMINANT OR CAN BE SOLE CRITERIA FOR RESERVATION
        
        RAM SINGH VS UOI 2014
        
        CASTE CAN BE EASY CRITERIA TO DETERMINE BACKWARDNESS.
        
        HOWEVER THERE IS NEED TO EVOLVE NEW PARADIGM: NOT IGNORING CASTE BUT GOING BEYOND CASTE
        
        SC ALSO HELD THAT IF TAKE ONLY HISTORICAL INJUSTICE CRITERIA
        
        IT MAY LEAD TO UNDER REPRESENTATION OF MOST BACKWARD
        
        THIS JUDGEMAT CAN BE SEEN IN LIGHT OF NALSA JUDGEMENT WHICH RECOGNISES TRANSGENDER AS OBC
  - - - SC ONLY PERMITTED RESERVATION AT ENTRY LEVEL :arrow_double_down: BUT NOT IN PROMOTIONS
    - - GOVT. CAME UP WITH 77 CONSA
        
        TO ADD ART 16(4 ) WHICH PROVIDE RESERVATION IN PROMOTIONS ALSO
    - - HELD THAT RESERVATION IN PROMOTION IS ALLOWED WITH CATCH UP RULE
    - - GOVT. CAME UP WITH 85TH CONSAA
        
        THAT PROVIDED RESERVATION IN PROMOTION WITH CONSEQUNTIAL SENIORITY (ART 16 (4A))
    - - SC UPHELD THE VALIDITY OF AMENDMENT BUT HELD THAT
        
        FOR THIS ADEQUATE DATA TO BE PROVIDE QUANTIFIABLE DATA THAT MEMBERS ARE NOT ADEQUATELY REPRESENTED
        
        ALSO SUCH DECISION SHOULD NOT HAMPER ART 335(CLAIMS OF RESERVATION SHOULD ALSO KEEP IN MIND )