Introduction
Recently, the Centre has approved 27 OBC and 10 EWS reservations in all India quota (AIQ) for medical education. This decision has garnered significant attention, with a variety of reactions ranging from support to criticism. It’s essential to have a nuanced understanding of the proposal, particularly in the context of central educational institutions and AIQ.
Background and Implementation
The reservation for OBC (Other Backward Classes) was a long-overdue development. It was introduced in 2008 through the Central Educational Institutions Reservation Act, following a Constitutional Bench verdict that deemed it FAIR and SOUND. This signifies that OBC reservation has been in place in central educational institutions since 2008, contrary to the popular misconception that it has been in place for 70 years.
AIQ seats for medical and dental courses are essentially similar to seats in central educational institutions. This is because these seats are surrendered to the central pool in alignment with the AIQ scheme. The demand for OBC reservations in AIQ has been significant, especially since the DMK (Dravida Mugali Kazhagam) received a favorable order from the Supreme Court in October 2020. However, the government delayed the implementation, aiming for strategic advantage during the 2022 UP elections.
Why the Reservation for OBC?
Proponents of OBC reservations argue that open competitive exams, while ensuring formal equality, may not effectively address the persistent inequalities in access to educational facilities. Reservations like OBC enable disadvantaged classes to overcome barriers they face in competing with forward classes, thereby promoting substantive equality.
This privilege extends beyond mere access to quality schooling and preparation for competitive exams; it also includes social networks, cultural capital, and familial environments that provide advantages. Individuals from disadvantaged communities, often first-generation learners, may not possess the cultural capital necessary for success in open examinations. This is highlighted in the Neil Nunes vs Union of India Interim Verdict, which emphasizes the importance of these factors.
The Controversy over EWS Reservations
On the other hand, EWS (Economically Weaker Sections) reservations are a subject of debate. The basic premise of reservations is that economic criteria alone cannot determine eligibility. The Indira Sawhney Judgement of 1992 barred the implementation of 10 EBC (Economically Backward Classes) reservations, while upholding 27 OBC reservations. This judgement was based on the idea that economic status is not necessarily immutable or intergenerational.
The Sinho Commission Report, submitted in 2010, further reinforced the need for more budgetary allocation for scholarships, vocational training, and skill development courses, rather than reservation. Despite these recommendations, the NDA government introduced EWS reservations shortly before the 2019 Parliament elections. The validity of EWS reservations in education and employment is still pending before a Constitutional Bench, as they allegedly infringe on the basic structure of the Constitution. The criteria for determining EWS is also found to be erroneous, as evidenced by the Neil Nunes vs Union of India interim order.
Implications and Critiques
The current decision affects only 15 AIQ seats for NEET and 50 AIQ seats for NEET PG, where a significant portion of DNB (Diploma in Naturopathy and Ayurveda) seats do not have reservations. Critics argue that the focus should be on institutional preferences, state quotas, and academic excellence, rather than caste-based vertical reservations.
It's important to avoid confirmation bias and instead, educate oneself on the facts. Resources like the Rohini Commission on subcategorization of OBCs, the observations of the Supreme Court regarding the creamy layer in SC/ST (Scheduled Castes/Scheduled Tribes), and the Neil Nunes vs Union of India interim verdict offer valuable insights into the complexities of this issue.
Conclusion
While reservations like OBC in central educational institutions are supported by constitutional and legal frameworks, the case for EWS reservations remains contentious. A balanced and informed approach is necessary to address the challenges in the educational system and promote substantive equality.