http://in.news.yahoo.com/48/20081008/814/tnl-cabinet-to-end-dereservation-of-sc-s_1.html
*Cabinet to end dereservation of SC/ST posts*

Wed, Oct 8 02:17 AM

The Cabinet meeting on Wednesday is all set to amend the SC/ST(Reservation
in Posts and Services) Act by passing a statutory order banning
dereservation of posts in seats reserved for SC/STs, penal action against
officials not implementing the reservation policy satisfactorily and
training of SC/ST candidates who do not meet administrative requirements for
being appointed to the reserved posts.

The reservation policy has so far been implemented through an executive
order and while the SC judgement in the landmark Indira Sawhney case had
granted legal validity to the executive order, the proposed amendment seeks
to go a step further and provide a statutory status to it. The order seeks
to prevent vacant SC/ST seats from being dereserved for the general category
and also ensure greater recruitment of SC/ST candidates. The larger aim of
the amendments is to ensure that the government plays a pro-active rule in
increasing the representation of SC/STs in government jobs.

Minister for Social Justice and Empowerment, Meira Kumar and Minister for
Chemicals and Fertilisers Ram Vilas Paswan had pushed for these changes
after complaints that vacant SC/ST seats were being filled by General
Category candidates through executive orders. It was alleged that the clause
in Section 11 of the Reservation Bill-"SC/ST vacancies shall not be filled
by non-SC/STs" followed by "provided SC/ST vacancies may be de-reserved as
prescribed" -was misused to throw open the seats lying vacant for a long
time for the general category.

The government is keen to implement the amendments to the Act before the Lok
Sabha polls and will push to bring it during the forthcoming session of
Parliament from October 17 to counter the impact of BSP leader Mayawati.

The keenness of the government can be gauged from the fact that it chose to
set aside objections from the Law Ministry regarding the "illegality" of
dropping the "de-reservation" clause. The Law Ministry had pointed out that
posts could not be left vacant for a long time and must be filled to ensure
efficiency in administration.

-- 
Ranjit

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