All Jammu and Kashmir OBC Manch’s Chairman, Sub Maj (Retd) Madan Lal Dubgotra, contradicted a statement made by the All India Backward Classes Union (AIBCU) stating that there is no OBC reservation in J&K since the revocation of Article 370. Dubgotra explained that 27% reservation for OBC quota was implemented in J&K in 1995 under the J&K Govt Resolution No. 12011/7/95-BCC dated 24-05-1995. However, the OBC castes identified by the Mandal Commission are not the only Other Backward Classes in J&K since Residents of Backward Areas (RBA) and Residents of Areas adjoining to Actual Line of Control (ALC) also fall under this category. The J&K Govt has declared these groups as Backward Classes other than SC and STs, as per Rule 2(o) of J&K Reservation Act 2004 and Rule 4 of J&K Reservation Rules 2005, which violates Articles 15 and 16 of the Constitution of India and Mandal Commission Recommendation.
Furthermore, Dubgotra expressed that the actual OBC castes identified by the Mandal Commission Recommendation are not receiving adequate reservations in J&K, considering the population ratio of the present 27 castes considered as Social Caste. After including the OBCs among West Pakistani Refugees who have become domiciles of J&K following the removal of Article 370, the population of these castes is around 14%. The previous J&K Govt, therefore, provided 20% OBC reservation quota to RBA, 3% to ALC, 2% to OSC, and 2% as a reserve that remained unutilized. Dubgotra suggests that 2% of the OBC castes under Social Caste population was excluded, and hence there needs to be modification in the J&K Reservation Act and Reservation Rules in accordance with Article 15&16 of the Constitution of India so that proper justice is provided to the OBC category in J&K.
Dubgotra has urged the Union Government as well as the LG of J&K UT that the definition of Socially and Educationally Backward Classes sabotaged by the previous J&K Government at the time of implementation of OBC reservation in J&K needs to be replaced in the J&K Reservation Act and Reservation Rules in accordance with Article 15&16 of the Constitution of India. It is because RBA and ALC categories, as declared by the previous government, do not fall under Socially and Educationally Backward Classes in terms of Article 15 &16 of the Indian Constitution. After the revocation of Article 370, the Constitution of J&K 1956 was immediately suspended, and J&K UT got governed under the Constitution of India. The Chairman of the Manch requested the Chairman of the J&K SEBC Commission to remove RBA and ALC categories from the Backward Classes declared by the previous Government.
Dubgotra’s claim has highlighted concerns regarding the reservation issue in J&K. Considering the violations of Articles 15 and 16 of the Constitution of India and the Mandal Commission Recommendation, it is necessary to review the reservations system in J&K. It is essential to provide justice to the OBC category in J&K as per population ratio instead of favoring a few categories over others. The Union Government needs to take appropriate action to ensure social justice for all in J&K in line with the Constitution of India.
