The OBC Reservation policy

implemented in educational institutions

Umang Jain - 15 March 2022

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 Introduction
 
The structure in Indian Society has largely been discriminatory through the
prism of Caste, Geography, and Religion. Various policies in the historic Indian polity
were discriminatory and partial by the means of religion and caste, but lately, the
dimensions that are discussed and addressed are based mostly based on caste. Indians
have exploited the rights and respect of the citizens of their own country, which were
among them. These exploitations and marginalization resulted in the breakdown of the
Indian society that was once a pioneer in the context of livelihood and civilization.

The discrimination was to be curtailed through efforts put by the Indian society
which nally led to execution and policy formations that supported the oppressed and
gave them ample amount of opportunities, which they always were neglected for.
This opportunity then was provided by the constitution of India because the
constituent assembly felt that it was supposed to be them who have the responsibility to
form the constitution that encouraged social justice and would be literature that will light
up the future of Indian society and its future generation, which would then live in a free
world.  Hence the concept of reservation was brought up in front of the constituent
assembly that was satis ed and knew that the problem would be solved through such
measures. As once said by Dr. Ambedkar that it is only through education the problem of
societal backwardness could be resolved. The system of reservation thus was mainly and
effectively implemented in educational institutions. Though it was also brought to
support the marginalized community through proper representation of their community
in various constitutional institutions and authorities. 
Reservation however in education was a tool that provided concession in fees of
education institutions and reserved seats for the students of such communities in higher
education institutions and further reserved them for employment opportunities in various
government jobs and services. 

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 The constitution provides such incentives to people belonging to communities of
Scheduled Caste (knowns as SCs), Scheduled Tribes (known as STs), and Socially and
educationally backward classes (commonly known as OBCs). The name of such
communities is maintained by the Ministry of Social Justice and Empowerment. This list is
dynamic since names of such backward communities be added or removed based on
education, social and economic factors, which are timely surveyed and studied by
commissions thus formed for this purpose. 
The heating debate comes to the part where lately the reservation policy has
hindered the meritorious students by denying them admissions in higher education
institutions and various other sectors including employment. In India reservation
accounts for almost 22.5% for SCs and STs (7.5% for Scheduled Tribes and 15% for
Scheduled Castes) and 27% for Other Backward classes raising the total percentage of the
reservation to 49.5%. This is also followed in parliament and other government
institutions. This clearly de nes that 49.5% of the total seats present in the higher
education institutions would be reserved hence decreasing the qualifying marks for exams
that enable admissions to such institutions. 
This is where things get tricky and annoying. Since the qualifying marks for two
students are different hence making the merit and amount of knowledge required to pass
such exams are compromised thus creating a drift and not uplifting the marginalized. This
concept was a kind of experiment that the constitution-makers thought would bring
equality largely, which is why the upliftment through such concepts was meant to be in
practice for not more than 10 years. The policy continued even with an extension of
deadlines as provided by the constitution. It later became a political agenda and tool to
win elections be it national or regional. It is human psychology to desire and if provided
for free we take it for advantage, hence making the voters lure the politicians to encourage
such agenda. Politicians are in position or opposition, comes together when debates
referring to reservation is brought up in parliament or legislative assemblies. 

What we forget is that such methods are creating more and more drift and difference
rather than equality. From the perspective of a backward class community, the concept of
reservation is good given the social structure, conditions they live in, and unfair treatment
that they received in the past. While from a perspective of those being left out which is
upper-caste hails the removal of reservation policy because to them they are not given
their rights even after making it into the qualifying list. 

Such differences where the communities get divided may be suited for either sides
or politicians but in a larger context this at the end of the curtails the aspirations of the

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 youth of the country. The proper implementation of upliftment policies would be through
proper research and verifying that with the ground reality. The basic concept of article
15(a), 46 is that the State shall promote and encourage the communities that are deprived
of the best available opportunities. Instead, the state created a drift in the society, which is
increasing day by day. Equal opportunities could be provided through various means, it
could be nancial help, fees concession, housing food security for such students and
people. This would help them bring up themselves through their state of mind and state
of living, which in turn would dissolve the disadvantages they faced due to being socially
and economically unwell.  

There should be equal treatment and opportunity the moment students are made to
write their exam, doing so would bring equality and do justice to all students be it
students of backward sections of society or meritorious minds that would nourish the
Indian economy and future. Failing in creating equality and lifting someone by taking the
opportunity away of a meritorious student is not right for anyone, this has created a
difference among all people from different communities, and has ended up showing in all
sorts of sectors in a society and an economy.

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 Sometimes the concept of reservation is also talked about from the view of the
competence of one getting the job that required certain qualifying marks but has been able
to make through it even with low marks. Reservation has certainly succeeded in making
lower-caste students from getting into higher education and hence making the
representation of crowd in a campus very well fair but it, on the other hand, made two
students of different merit get the job that required certain skills which are missing in the
so-called “deprived students”.
Sometimes the concept of reservation is also talked about from the view of the
competence of one getting the job that required certain qualifying marks but has been able
to make through it even with low marks. Reservation has certainly succeeded in making
lower-caste students from getting into higher education and hence making the
representation of crowd in a campus very well fair but it, on the other hand, made two
students of different merit get the job that required certain skills which are missing in the
so-called “deprived students”.

This is a vicious cycle, which if continued would result in improper skills and
knowledge is represented in the various institutions and jobs. When seats in higher
education are reserved for a section of the society, they qualify even after getting low
marks, which in turn grants them jobs in the government sector and not the private sector,
since the private sector only cares about merit and not caste or privileges. What happens
now is that no or very few people seek services from lower caste people due to his low
merit, which in turn creates more drift in the minds of the marginalized community as
they see it as discrimination. While on the other hand out of many students who managed
to get more marks but still didn’t get in public institutions, gets better deals from the
private sector, which gets on ourishing and hence can afford more spending on the
resources. This is still seen as discrimination by some and the difference among the
communities is on increasing and ends up demanding more and more reservation.

Let us understand this through a situation, where you are in a hospital with your
sick dad, wife, or child to get them treated and there are two doctors in line to treat them.
Out of which one was identi ed belonging to a lower caste and other being from the
upper caste, that’s saying that one of them got quali ed after getting lower marks and
ended up being a doctor just because he belonged to a special section of the ing marks
society which has nothing to do with his actual knowledge or merit of treating someone
on a hospital bed. Whom would you ask to treat your kid or spouse? Nobody wants to be
treated by a doctor who got quali ed after getting marks way under then the general

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qualifying marks, since the amount of knowledge required by two different doctors
should be equal when treating someone the same. Practical application of reservation is
different from that talked about and discussed in the paper. Adding to that let us add on
surgery or operation if needed to be performed, would it be possible for us to neglect the
merits of two different surgeons especially when you don’t require someone to tell their
caste as it could be known through their surnames quite easily. Whom would you want to
be treated by?
This type of situation and condition has nothing to do with the caste of the person
concerned here. I don’t believe that even if the sick person belongs to a lower caste, he/
she would ever want to be treated by a less meritorious doctor, after all, it’s the life of the
patient that is at risk. At the end of the day, all things are being viewed from the prism of
merit. If we look into ourselves and the activities in an economy, we want a quali ed and
meritorious person to provide us with the service so to make each & every penny spent by
us is worth it. However, when the same theory is applied in the context of society and
national level, things get ugly and the responses of all the people change as the
advantages are enjoyed and disadvantages are faced by them.
What therefore should be the solution to this dynamic problem that is so
controversial in terms of societal nature? The problem of exclusiveness in higher
education during early times is not a subject in the modern era, however, we should create
an inclusive environment so that each and every single person irrespective of his/her
caste, which includes people from lower caste but also addresses the one from upper caste
get best available opportunity subject to their quali cation. We should get the
economically weaker sections with the best quality of education, sponsored by the
government in government schools, the thing is nobody wants to spend lakhs of rupees
on education but since public schools don’t provide a better option, people are bound to
spend lakhs of rupees on their Child’s education. The state can provide them with
scholarships, concessions in fees if they can’t afford them.

The state must ensure that the unprivileged kids do have access to all those
materials required to compete and qualify for an exam. The moment two of the kids from
different background sits to write an exam there should be no partiality by any means.
They should be judged solely on the basis of their merit and the knowledge that they
have. They should be provided food or electricity, if they cannot afford it, they must have
access to computer and internet as they are now necessary means in education. Once
provided with all necessary articles, all of the students must then be judged only on the
basis of merit. This would not only bring equality and uplift the lower marginalized
community but also will help the nation get the best out of its potential youth that has got

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 the nest skills and knowledge, which is not possible with the current system of privilege
and unprivileged.
Among all the solutions to this problem, one must also point out the reforms that are
needed to be done which include the removal of quota system from institutions like IIMs,
for a very basic fact of the matter. Take for example IIM Ahmedabad, which charges
almost 25 lakh rupees for its two-year MBA programme. Now the point of quota system
fails here, since both the students from different communities are willing to pay such a
hefty amount to get into this prestigious institution, hence who is to be said unprivileged
or from the lower section of the society? When both of them earned that money it should
have through the principles of economics (that is you can’t carry out business in isolation,
it need constant interaction with all), then how the person can avail the bene ts of
reservation if he/she doesn’t ful ll the very rst requirement of the policy which is him/
her being from a marginalized/unprivileged community.

These are the questions that need to be addressed or they will lead to more and more
con icts in the upcoming decades and will result in a social breakdown. The judgments of
the Supreme Court to limit the quota to not more than 50% have been challenged and
argued by the politicians and people, which should a major concern. However, the policy
of creamy layer in OBCs quota is a step to create a merit-based economic structure but due
to improper implementation and forged documents submitted by con people in the very
same society bares many true unprivileged people off their rights and opportunities. To
access the situation, the state must calculate the economic well-being of the people while
formulating such policies that may have an intention to equalize everyone in the society
however they end up creating more gaps between them and raise issues.

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