The Bill was moved by Haryana Chief Minister Mr Manohar Lal to give statutory status to Backward classes Block ‘A’, Backward classes Block ‘B’ and Backward classes Block ‘C’ by enacting the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016 and request the Central Government to include this Act in 9th Schedule read with Article 31B of the Constitution of India.
It may be recalled that the Chief Minister had already assured that the Bill would be brought in the ongoing session of the State assembly.
The Bill provides for increase in percentage of reservation in Schedule I, II and III for Class I and II posts for BC ‘A’, BC ‘B’ and BC ‘C’ from 10 per cent, five per cent and five per cent to 11 per cent, six per cent and six per cent respectively. It was also decided to increase the existing reservation of five per cent for Economically Backward Persons in General Caste Category in Class I and II posts from five per cent to seven per cent.
The Bill states that notwithstanding anything contained in this Act, the State Government may provide horizontal reservation for such category or categories of persons within Backward Classes, as it may deem necessary from time to time.
As per provision under Article 340 of the Constitution to sort-out the issue of social and economic backwardness of various castes, the Haryana Government set up its First Backward Classes Commission on September 7, 1990 under the Chairmanship of Mr. Justice Gurnam Singh (Retd.). The Commission submitted its report on December 30,1990 and the recommendations of the Commission were accepted by the Government. The State Government vide its notifications No. 299-SW(1) dated February 5,1991 included ten castes, Ahir, Bishnoi, Meo, Gujjar, Jat, Jat Sikh, Ror, Saini, Tyagi and Rajput in list of Backward Classes. Further, the State Government vide instruction dated April 5,1991 provided reservation to these castes. The State Government re-examined the reservation policy and issued order on September 12,1991 that till a final decision is taken, recruitment will be made according to the status prevalent prior to the letter issued on April 5,1991.
The State Government also submitted an affidavit on October 1,1993 in the Supreme Court of India to the effect that the Haryana Government has stayed all reservations made in pursuance to the Gurnam Singh Commission and the recommendations and also stated that an independent commission for examining the inclusion and exclusion of castes is being set-up. The State Government constituted the second Backward Classes Commission under the Chairmanship of Sh. Ramji Lal, Ex. MP, who was later on replaced by Mr Deshraj Kamboj and on the recommendations of this Commission, the State Government vide its notification No. 1170-SW(1)-95 dated June 7,1995 included five castes namely, Ahir/Yadav, Gujjar, Saini, Meo, Lodh and Lodha in the list of Backward Classes and further the Haryana Chief Secretary issued instructions dated July 20,1995 after approval of the Council of Ministers in its meeting held on June 6,1995, wherein the Backward Classes were bifurcated in two Blocks A and B and provided 27 per cent reservation to Backward Classes of the State. 16 per cent reservation was provided to Block A (67 castes) and 11 per cent to Block B (6 castes) as referred above.
Since, the State Government had already extended benefit to five castes namely – Jat, Jat Sikh, Ror, Bishnoi and Tyagi, on the recommendations of Justice Gurnam Singh Commission report, as such, these castes were included in the list of Backward Classes on February 5,1991 and reservation to these castes was also extended on April 5,1991, however, later on these notifications were withdrawn by the Government on September 12,1991.
Ever since then the State Govt. had been receiving various representations from various quarters to include castes in the list of Backward Classes for providing reservation in Government jobs and educational institutions, as such, the Haryana Government vide its notification dated April 8, 2011 reconstituted the Haryana Backward Classes Commission under the Chairmanship of Justice (Retd.) K.C. Gupta. The terms of reference of this Commission were to entertain, examine and recommend upon requests for inclusion and exclusion of castes in the list of Backward Classes. A study in this regard was got conducted by Justice (Retd.) K.C. Gupta Commission from Maharshi Dayanand University, Rohtak and the Commission submitted its recommendations to the Government on December 12,2012. The Council of Ministers accepted the recommendations of the Commission in its meeting held on December 12,2012. The Chief Secretary vide his demi-official letter dated December 14,2012 forwarded the case to the Govt. of India for inclusion in the Central list of OBCs.
After analyzing Justice (Retd.) K.C. Gupta Commission report, the State Government is satisfied that the report of the Commission is based on quantifiable data and strong evidences, which indicates that not only the above five Castes/Classes are backward classes socially and educationally and they also comply with all legal norms suggested in Indra Sawhney’s (CWP 930 of 1990) case, which has made it imperative for the State to provide these Castes/Classes ten percent reservation in relaxation of general rule of 50 percent in terms of paragraph 810 of the Indra Sawhney’s case.
It may not be out of place to mention that Reservation in Haryana has already touched the 50 per cent threshold as prescribed by the Supreme Court of India, however the case law established by Indra Sawhney’s case does not limit the powers for providing reservation to classes by the Executive or Legislative Branches. As per the judgement reservation should not ‘exceed 50 per cent of the appointments in a grade, cadre or service in any particular year. It is only for extraordinary reasons that this percentage may be exceeded. However, every excess over 50 per cent will have to be justified on valid grounds which will have to be specifically made out.
It has specifically been held by the Apex Court in the said judgement:-“The adequacy of representation is not to be determined merely on the basis of the overall numerical strength of the Backward Classes in the services. For determining the adequacy, their representation at different levels of administration and in different grades has to be taken into consideration. It is the effective voice in the administration and not the total number which determines the adequacy of representation.”
Hence, for the economic and educational advancement of the people belonging to Backward Classes of Citizens, policy of reservation in Government Services and in admissions to educational institutions under the State has been under implementation in the State of Haryana and must be extended due to the reasons enumerated above in order to overcome the limitations as imposed on Backward Classes by them and the injustices suffered by them historically as detailed above. These Backward Classes have been categorized as Backward Classes Block (A), Backward Classes Block (B) and Backward Classes Block (C) in the Schedule I, Schedule II & Schedule III respectively to this Act.
Hence as a large percentage of the population of Haryana suffering from social and educational backwardness for many years have started enjoying the fruits of the reservation policy and have been able to improve their lot and attain better living conditions the same must be extended in view of the need for those who have not been represented or have been underrepresented in the reservation policy of Haryana in view of their being backward educationally as well as socially and as such to be treated as Backward Classes Block ‘C’.
This Act would be called the Haryana Backward Classes (Reservation in Services and Admissions in Educational Institutions) Act, 2016.
While making appointment and admission to educational institutions, reservation shall be made for the members of the Backward Classes as specified in the Schedule. No person belonging to the creamy layer of Backward Classes shall be considered for admission in educational institutions against the seats reserved therein for Backward Classes as specified in the Schedule; or entitled to claim reservation in or be considered for appointment in services under the State against the posts reserved for Backward Classes as specified in the Schedule. The Government shall, by notification, after taking into consideration social, economic and such other factors, as deemed appropriate, specify the criteria for exclusion and identification of persons belonging to the Backward Classes as creamy layer. The criteria fixed under sub-section (2) shall be reviewed every three years. The State Government shall provide for horizontal reservation for such category or categories of persons within Backward Classes, as it may deem necessary from time to time. Where the seats reserved for Backward Classes for admission in educational institutions are not filled up in any academic year due to non-availability of candidates possessing the requisite qualifications, the same shall, after the display of the final list of such admissions for that year, be made available to candidates of general categories by the educational institution.
The Government by notification, appoint any officer to be the competent authority for the purposes of carrying out the provisions of this Act. The competent authority may, for the purposes of sections 3 and 4, issue caste identification certificate in terms of Schedule in such manner, as may be prescribed. The competent authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
The Bill states that a person belonging to the Backward Class as specified in the Schedule shall, for the purposes of sections 3 and 4, support his candidature by a certificate of caste identification issued by the competent authority. No suit, prosecution or other legal proceeding shall lie against the competent authority, officers of the Government for anything which is in good faith done or intended to be done under this Act, or any rule or order made thereunder.
If any difficulty arises in giving effect to the provisions of this Act, the State Government by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty. No such order shall be made under this section after the expiry of three years from the commencement of this Act. The Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. Every rule made under this Act shall, as soon as possible, after it is made or issued, be laid before the State Legislature. The Government shall at the expiration of ten years from the coming into force of this Act and at every succeeding period of ten years thereafter, undertake revision of the Schedule.
Notwithstanding anything contained in any judgment, decree or order of any court or other authority, the reservation made, and anything done or any action taken on the basis of such reservation, by the Government for admission to educational institutions and for appointment in the services for the Backward Classes on the date of coming into force of this Act, shall, for all purposes be deemed to be and to have always been, validly made, done or taken in accordance with law, as if this Act had been in force at all material times when such reservation has been made and such thing done or action taken, adds the Bill.
BACKWARD CLASS BLOCK ‘A’
|1.||Aheria, Aheri, Heri, Naik, Thori or Turi, Hari||36.||Khanghera|
|3.||Beta, Hensi or Hesi||38.||Labana|
|4.||Bagria||39.||Lakhera, Manihar, Kachera|
|7.||Baragi, Bairagi, Swami Sadh||42.||Mochi|
|10.||Bhat, Bhatra, Darpi, Ramiya||45.||Noongar|
|13.||Chirimar||48.||Rehar, Rehara or Re|
|15.||Chimba, Chhipi, Chimpa, Darzi, Rohilla||50.||Rai Sikhs|
|17.||Dhobi /Dhobi Rajak||52.||Shorgir, Shergir|
|19.||Dhimar, Mallah, Kashyap- Rajpoot, Kahar, Jhiwar, Dhinwar,|
Khewat, Mehra, Nishad, Sakka, Bhisti, Sheikh-Abbasi
|54. Singhikant, Singiwala|
55. Sunar, Zargar, Soni
56. Thathera, Tamera
58. Banzara, Banjara
59. Weaver ( Jullaha)
65. Chaaraj (Mahabrahman)
68. Rangrez, Lilgar, Nilgar, Lallari
69. Dawala, Soni-Dawala, Nyaaria
70. Bhar, Rajbhar
71. Nat (Muslim)
|22.||Gwaria, Gauria or Gwar|
|24.||Ghasi, Ghasiara or Ghosi|
|27.||Gadaria, Pal, Baghel|
|29.||Hajjam, Nai, Nais, Sain|
|30.||Jhangra-Brahman, Khati, Suthar,|
Dhiman-Brahmin, Tarkhan, Barhai, Baddi
|31.||Joginath, Jogi, Nath, Jangam-Jogi,Yogi|
|32.||Kanjar or Kanchan|
* Reservation in services:-Sixteen percent reservation shall be provided for Class III and IV posts and eleven percent in Class I and II posts.
* Reservation in admissions:- Sixteen percent reservation shall be provided for admissions in educational institutions.
BACKWARD CLASS BLOCK ‘B’
|4.||Saini, Shakya, Koeri, Kushwaha, Maurya||5.||Meo||6||Gosai/Gosain/ Goswami|
* Reservation in services:- Eleven percent reservation shall be provided for Class III and IV posts and six percent in Class I and II posts.
* Reservation in admissions:- Eleven percent reservation shall be provided for admissions in educational institutions.
BACKWARD CLASS BLOCK ‘C’
|4.||Bishnoi||5.||Tyagi||6||Mulla Jat/Muslim Jat|
* Reservation in services:- Ten percent reservation shall be provided for Class III and IV posts and six percent in Class I and II posts.
* Reservation in admissions:- Ten percent reservation shall be provided for admissions in educational institutions.
Table depicting percentage of Reservation for SC, BC ‘A’, BC ‘B’, BC ‘C’, SBC and EBP
|Existing Reservation||Approved Reservation|
|In Class I and II Government Jobs|
|BC ‘A’||10 per cent||BC ‘A’||11 per cent|
|BC ‘B’||5 per cent||BC ‘B’||6 per cent|
|SBC||5 per cent||BC ‘C’||6 per cent|
|EBP||5 per cent||EBP||7 per cent|
Table depicting percentage of Reservation for Class III and IV Categories of Government Jobs and all Government/Government Aided Educational Institutions
|Existing Reservation||Approved Reservation|
|In Class III and IV Government Jobs|
|BC ‘A’||16 per cent||BC ‘A’||16 per cent|
|BC ‘B’||11 per cent||BC ‘B’||11 per cent|
|SBC||10 per cent||BC ‘C’||10 per cent|
|EBP||10 per cent||EBP||10 per cent|
Ø The classification of BC ‘A’ and BC ‘B’ has been given statutory status, which was not given earlier.
Ø Reservation has been increased in Class I and II posts for BC ‘A’, BC ‘B’ and EBP.
Ø The percentage of reservation will not be changed in Class III and IV posts.
Ø The Central Government will be urged to include this Act in 9th Schedule read with Article 31B of the Constitution of India.