New Delhi, March 5, 2011: Several students of Scheduled Tribes from all over India held a meeting here in JNU Students’ Office on March 4 to organise a protest rally on March 8 against the Government of NCT of Delhi in seeking restoration of reservation in posts and services in respect of Scheduled Tribes under the Government of NCT of Delhi.
Students from Scheduled Tribes will assemble at the Jantar Mantar on March 8 and proceed to Parliament to submit a memorandum to the Prime Minister Manmohan Singh, UPA Chairperson Sonia Gandhi and Home Minister P Chidambaram for immediate restoration of the 7.5% for Scheduled Tribes under Government of NCT of Delhi.
The members of tribal communities notified in the States and UTs under Article 342(1) of the Constitution of India were enjoying the reservation benefits of the vacancies in posts and services under the Government of NCT of Delhi since 1955, however this facilities was stopped by the Government of Delhi based on the judgment pronounced by the Supreme Court.
The Supreme Court pronounced its judgment in Civil Appeal No. 5092 of 2009 (Subhash Chandra & Others Vs. Delhi Subordinate Services Selection Board & Others) declaring that the dicta in Pushpa (Case Appeal Civil No. 6-7 of 1998 S. Pushpa & Others Vs. Siva Chanmugavelu & Others) is an obiter and not lay down any binding ratio.
The fate of entire tribal communities across India have been hanging in balance by the Hon’ble Court using two words 1) DICTA OBITER (an incidental observation made by a judge which is not material to the judgment and therefore not binding) i.e. statement which are not part of the ration decideni. (2) PER IN CURIUM (a decision which a subsequent court finds to be a mistake and therefore not a binding precedent).
The ST communities in Delhi alleged that the bureaucracy in the Local Government (Govt. of NCT of Delhi) unnecessarily filling up the posts mean for STs, dereserving the seats, non-publishing of posts and non declaration of results and helding up the promotions of the officials of ST categories in a hurriedly manner. This may be termed a systematic attempt to eliminate STs from National Capital Territory citing courts judgments.
To press for the restoration of this reservation facilities, thousands of tribals from different states and UT’s under the aegis of All India Scheduled Tribes Student Action Forum will demonstrate on March 8 at Jantar Mantar at 11 AM. In this regard, several tribal students and leaders came together for the first time at the meeting held in the capital on March 2. The Forum will provide transportation (buses) for north Delhi and South Delhi.
The Forum appeals to all the Scheduled Tribes across the country to participate in this rally. For further information, contact: 9899313764, 9891856893, 9999593603.
~ BKT
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