Thursday, March 30, 2023
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Dalit IAS, IRS officers say absence of quota in Modi govt lateral entry scheme is illegal

Modi govt policy to induct domain experts into the civil service does not provide for quotas, a decision labelled unfair by Dalit IAS, IRS officers.

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New Delhi: The Modi government’s decision to not extend reservation to domain experts recruited in the civil service through lateral entry has irked several Dalit IAS officers and other civil servants — serving and retired — who argue that the decision is legally untenable.

This is just one among several objections civil servants have raised to the policy, which is aimed at bridging a perceived knowledge gap in the handling of crucial departments.

“The move to induct private talent into the government, and not bringing it under the fold of reservation, is illegal, and can be challenged both in court and in Parliament,” said former BJP MP Udit Raj.

Raj, who moved to the Congress ahead of the Lok Sabha elections, is a former Indian Revenue Service (IRS) officer.

Of the nine lateral entrants inducted by the Union Public Service Commission (UPSC) earlier this year, none belongs to any of the reserved categories — Scheduled Castes, Scheduled Tribes, or the Other Backward Classes.

“This has created quite a stir…” said a senior Dalit IAS officer who did not wish to be named. “It’s alarming how the government can just throw reservation into the bin.”

Also read: Modi govt to recruit 40 more domain experts in second push for lateral entry

Government’s position

According to an RTI reply to a query filed by The Indian Express in this regard, the government said the reservation policy did not apply to the lateral entry policy since domain experts were recruited for individual positions, and reservation did not apply to single posts.

Sources in the Department of Personnel and Training (DoPT) told ThePrint that, by the same token, the government was unlikely to extend the reservation quota to the 40 domain experts it is planning to hire as directors and deputy secretaries in the second leg of the lateral entry exercise.

However, according to the DoPT’s own rules, government appointments are exempt from reservation only if they are temporary, for a period less than 45 days.

Seeking to explain the contradiction, a DoPT official said, “Reservation can’t be given for one post… Under lateral entry, the contract is between an individual and the government, so reservation does not apply.”

Also read: 5 reasons why IAS officers are alarmed by Modi govt’s lateral entry push

‘Just a technical figleaf’

Calling this rule a dilution of the reservation policy, Raj said, “There is no dearth of talent, experience and honesty among Dalits and OBCs… But you are looking for ways to set aside the reservation.

“There is no objectivity in the government’s process of recruiting laterally…,” said Raj, “What’s the basis of their selection? They have to reveal.”

The senior Dalit officer quoted above agreed. “They might find a technical fig leaf to justify their decision, but the fact is that to not give reservation for government posts is against the spirit of the Constitution,” the officer said.

“If you do not want to apply the rules of the government on these people, why are you hiring them for government positions in the first place?” he added. “Just hire them as consultants. But if you are hiring them in government positions, it is a blatant violation of the law.”

P. Sivakami, a former IAS officer who quit the service in 2008 due to alleged caste discrimination, said, “The law is very clear — you have to give reservation for government jobs, no matter if the recruitment is lateral or normal.

“This is just a way to subvert the law and the system… It will not stand the test of legal scrutiny if challenged in court,” she said.

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  1. Then what they are waiting for. Challenge this in court if they are so confident that this is illegal.

  2. It is suggested reservation should be introduced in the following cases also like seats in railway , bus and air journey.2. seats in cinema hallls and other entertainment places. 3. Hospital beds in all wards, ward wise.4.Any other place where reservation is not yet provided specifically.

  3. First try to identify the privilege you have and why you think merit is only parameter considered during selection…we are in society where people even do not keep a servant without asking about their caste…(ex -recent one of a metrological scientist accused of harassing his servant for not correctly telling about their caste)
    It’s us who need to understand that all are human and all are equal…..caste system needs to be abolished that’s only panacea.
    Till there is caste there is discrimination because there will be always hierarchy.

  4. The day there is no disparity between a Brahmin and a dalit, the day Dalits are treated with same respect as a Brahmin will be the day, merit based system will be introduced in Government jobs.
    Casteless India will be a merit based nation. Unless you can ensure that I don’t think you can make the starting point equal to all.
    Meritocracy is nothing but a product of your parents’ standing in society, the cosy upbringing you had, the economic prosperity, good teachers, good environment etc. Nobody is born inherently talented or knowledgeable, it is the society that makes somebody an IAS or a peon.
    Although economic prosperity does not depend upon caste, but take any government survey on caste and try to see how many rich, successful and prosperous people belong to Dalits, Tribals, or Backward classes. The prosperity of Savarnas has been built on the historical deprivation of other castes. Please realise this thing.
    Peace out. Jai Hind.

  5. Whoever this dalit lobby is they should know one thing and that is ” bhai kaam karo itna ki log tumhe appreciate kare and all those quota should not matter then government kya private wale bhi hire karenge” it’s been years that reservation have came up why you all people don’t speak for those segment who are continuously taking advantage of reservation from generation at that point you will say it’s not in the law. Let the actual downtrodden have the advantage IAS officer son and daughter who has all the resources go and claim reservation that’s injustice speak on that too. Ambushing the government on promotion quota for reservations that’s injustice kal Aakar ye bhi bologe ki PM and president bhi reservation ka hona chahiye… Zindagi me hard work and toil karke aaona kuch haasil karo tab pata chalega ki Kitna difficult padhai karke cutoff meet karke pass hote he log…

    • First try to identify the privilege you have and why you think merit is only parameter considered during selection…we are in society where people even do not keep a servant without asking about their caste…(ex -recent one of a metrological scientist accused of harassing his servant for not correctly telling about their caste)
      It’s us who need to understand that all are human and all are equal…..caste system needs to be abolished that’s only panacea.
      Till there is caste there is discrimination because there will be always hierarchy.

  6. Lateral entry where merit is the only criteria is a very good move, but it must be ensured that only meritorious candidates get selected with no political or bureaucratic interference. To take India forward we Indians deserve the best at the top. Besides these are only a few posts which are being filled up rest are still the IAS. The need to make place for lateral entry is arising because the old system has failed to deliver government should be given all the support in this new experiment.

  7. This entire article is baseless rhetoric. and fear-mongering. Reason: The lateral entry numbers are extremely tiny compared to the total number of officers. As a percentage, probably less than 0.1%. So, overall, the impact is negligible.

  8. Vibhar Baxi’s comment is absolutely right because now every caste is playing on equal basis in every field. So reservation should be completely restricated and all the posts recruitements should be on the basis of indivifual merit rather than on the basis of caste reservation. Individual merit on every posts will bring progress in our country than on the basis of reservation. Since every caste is now in the mainstream of society.

  9. Reservation is backbone of our nation.Its the soul of our system, so in lateral entry reservation is must and in my personal view hundred% entry may be of reserve candidates and meritorious candidates may be ignored so that the Third World country status may be maintained and this will be a respect to Ambedkar ,VPSingh and Modiji

  10. if u r a talent and meritorious candidate . u should have crack the exam and get the job despite wasting time in commenting like that . it is ur culture to blame other for hiding ur fault . actually u dont know the reservation policy .

  11. Some people in important positions in the government were “connected to the roots” by force – – they came from humble backgrounds, so they had no choice but to be “connected to the roots”. Entire country benefitted by their being in important positions, because we are almost by definition a country of humble background.

    All that will change by these private sector imports into the government’s positions of importance. It is not my job to explain this in detail. I will only say that I have been in private sector, I have watched the values of private sector people from close range, so I know what I’m talking about. I do not know what Narendra Modi wants to make this country into. If we want to become a five trillion economy, we will first have to save our economy. Whatever that means to Modi ji.

  12. It’s time to give high avenue to lower classes for knowledge special institutions should be created to cater there needs but a final exam on any high post should on the basis of merit itself. Period

  13. This brahman r cunning and worst kind of human on planet earth. Propaganda of development ?? Development in which all administrative power money belongs to them!! It’s against idea of india. Dint want that development in which all can’t participate or a part of it. Natural resources is not someone’s father’s property. Nd why you always administrate us ?? Why ?? Then I’m against your idea of INDIA.
    And in true manner The real untouchable humans r Brahmin.

  14. Yes, dear author and about time. Ambedkar hoped — and wrote this into the Constitution– that reservations should not continue for more than 10 years. This has now been extended every ten years for 70 years!
    Why need reservations at higher levels of bureaucracy?

    Reservations blunt lack of equal opportunity at entry stage maybe makes sense….BUT can this writer explain why you need crutches all your life??

    And generation after generation– the children of same IAS officers gaining undue benefit — what deprivation or discrimination does a 3rd generation civil servant face?

    If my father, fore father managed to get jnto the premier civil services… i need reservations still to get entry, and also promotions??

    Solution is in same top quality govt funded education and health for all.

    Which Nehru and his dynasty and the Khan Market pseuds and our so-callec intellectuals and policy makers never really believed for all these 70 years .

    And that is the tragedy — that is the indirect attempt to perperuate hold of upper classes (and most of our pseuds belong to this class).

    Author should ponder over this — why India of all other countries failed to give basic education to all.

  15. People asking questions about reservation in armed forces,for their knowledge, since cast & creed is hidden in the armed forces to keep the moral high of the troops but more than 70% of troops are from SC’s & ST’s

  16. It is time we moved away from reservation to merit based recruitment. By all means provide level playing field at the education level during school and college phase but after that merit should be the only criterion if India is to progress!

  17. when will you reserved class realize, you are dragging the country down !!!!
    i rememeber in my med school, gandhi medical collage, bhopal, 1994 batch, 1 person got into medical school with 10% marks in PMT
    10% >>>> just marking in a in multiple choice will get you this much.. then got into surgery MS degree with reservation > he is surgeon now !!! god save the people.

  18. Looking at all the savarna comments in here one thing is certain. They are never going to let us Dalits prosper and thrive. They want us merely as their slaves. Treating us as insects for 1000s and 1000s of years now they speak of competence and reservations being temporary. This imbicles talk about building a first world country but want to do that on our backs. Giving all the excuses possible to take our rights away from us. While this savarna filth is the one that is overwhelmingly over respresented in Government, Private Sector, Education, media and every sector imaginable. Modi ia forgetting his background perhaps and also forgetting that it was us who voted in large numbers for him. I guess suppprting the party of “upper casts” is a mistake. They will never be our own. It is better to align with Muslims and Christians against this Brahmanvadi Setup. Their downfall will not be pretty now.

    • Don’t get too emotional and hateful.
      Your viewpoint should be listened. Constant infighting among our people based on religion, caste, and language is the reason for our downfall.
      Modiji is a reasonable man and the party is interested in increasing votes from Dalits and BCs.
      Dalit organizations should approach the issue diplomatically.

  19. You get reservations in entry to Civil services,again you want reservation in lateral entry.wah kyaa baat heh…

  20. Lateral entry means, there will be no transparency, nepotism in the indirect way and mostly Brahmins will be recruited, just consider 7 out of 9 are Brahmins recruited recently which is blatantly spoiled the reservation policy, this must be stopped no need to recruit the private individual in such higher govt post but should be facility of exam for all with reservation policy.
    And those who are disagree then first your shit which is in your mind, remove caste first then think about reservation to be removed

  21. Udit Raj says there is no dearth of talent among OBC and Dalits. If it is so, why reservation is required, he/she will get selected on the basis of merits.
    Some politicians will always find fault, if something new is being done by Modi Govt.

    • Ask your ancestors, if you’re brahmin ?? Why they wrote and publish manusmriti…. Why thy snatches all the human privilege from thousand of years??

  22. It is corporation of this country again within a Span of 100 years of Indian independence we will be slaves of new corporate India

  23. Already 10 years have passed with the application/promulgaration of Constitution and the practice of reservation is creating vote banks only.

    • Why so called rajput are not fight for joining in Armed Forces which were their duties in ancient times to save insiders from outsiders. Why so many invasion happened that’s mean they didn’t perform their duties and involved in physical properties

    • They don’t need, lower and middle castes are already >90% of the people in armed forces. Look at the profile of 44 CRPF jawans killed at Pulawama as example. When ever you see news tory of another armed forces casualty in Kashmir or against Naxalites, how many times is that person a Gupta, Agarwal, Sharma…

  24. It’s hightime the scourge of reservations are done away with; at least prevent those who’ve already availed the benefit and climbed above the caste barriers. Doesn’t make sense that children of well to do people from the so called “lower castes” claim reservations in spite of not being meritorious.

    • Dear Capt
      I can show u so many general caste dumbs in great organisation which is number one psu in india. Dont think that just being Gen is meritorious enough to continue upper caste hegemony over 80% people of this country.

  25. Weren’t reservations supposed to be temporary? Isn’t it illogical to have reservations in technical and specialist areas, where one is looking for the most qualified and skilled in that specified field?

  26. All apprehensions of Dalit activists and Sanya Dhingra also are misplaced…. As there is No Reservation beyond the entry level posts at Pay Level – 10…. Whereas the 9 posts filled up at Joint secretary level are at Pay Level – 14 where there’s no reservations at present even…. The writer atleast should know the realities before writing on the basis of these activists who are there to sensationalize the things…

    • Lateral entry should be based solely on competence. It should not matter the background of the person. By bringing in reservation for niche skilsets, we might not get the correct person from reservation bucket. So pick the best if we are planning to build a first world society.

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