Who are reaping reservation fruits of EWS category?

The 103rd constitutional amendment Act, 2019 was the remarkable amendment Act in the history of India as it granted 10 percent of reservation to the Economically Weaker Sections of society (EWSs). The amendment was done keeping in view the weak social, economic and educational conditions of the poor families in the general category only. The decision was hailed by all sections of society. The Economically Weaker Sections (EWS) mean person who are not covered under the scheme of reservation for SCs, STs and Socially and Educationally Backward Classes as defined under clause (M),Clause(N), and Clause (O) of Section 2 of Jammu and Kashmir Reservation act 2004. Under the said constitutional amendment act, the candidates belonging to the Economically Weaker Sections category can avail 10 percent of reservation benefit while applying to the government jobs and admission in Educational Institutions in the State of the Jammu and Kashmir. It brought a sigh of good relief after a long time to the candidates of the Economically Weaker Sections belonging to the general category. It has given constitutional recognition to the poor from the upper castes. For availing benefits, the candidates belonging to the Economically Weaker Sections category need to possess Income and Asset Certificate issued by the Competent Authority after proper procedure, norms and rules. The Jammu and Kashmir reserved categories falling under the category of Scheduled Castes, Scheduled Tribes and socially and Educationally Backward Classes are not entitled for claiming the benefit under Economically Weaker Sections (EWSs) category. The main motive behind the EWS is to promote the welfare of poor people by addressing their issues of educational and income inequality because there are many people among the general category living under hunger and abject poverty. There are many cases reported in Kashmir valley where economically weaker Section certificates have been issued to the undeserving candidates belonging to affluent families. The poor deserving candidates living under abject poverty are taken for granted by the government officials especially the tehsil officials. The issuance of economically weaker section certificates to undeserving candidates by any public servant is due to corruption for material gains. The candidates ineligible for EWS certificates and getting same by any fraudulent means are murdering the merit of the deserving and meritorious educated youth of Economically Weaker Sections category. The same undeserving candidates of affluent families are being appointed in government jobs on edge of EWS certificates and the poor deserving candidates despite high points fail to appoint due to non-availability of EWS certificates. After abrogation of article 370, hundreds of EWS certificates have been issued by some tehsil officials to the non-genuine candidates who are taking undue advantages and many among them were selected in various government departments.
In Kashmir valley, the deserving EWS candidates are being denied their fundamental rights due to some tehsil officials. Denying any fundamental right for the poor people is the worst form of corruption. It is the violation of justice and equality as basic human rights. The undeserving candidates have reduced the chance of deserving candidates in government jobs and admissions in educational institutions. The public servants and candidates involved in illegal and fraudulent EWS certificates breed only inequality and cause injustice to the poor deserving candidates. It is very unfortunate that a below poverty line (BPL) candidate namely Shabir Ahamad wani (Masters in Mathematics from the kashmir university) from Ohangam village, Tehsil Beerwah applied for an EWS certificate a few years ago. Despite being eligible, he was denied due to unknown reasons by the Tehsil officials Beerwah. Although he filed the RTI application, First appeal and even second appeal for seeking list of all EWS certificates issued by the tehsil office Beerwah but the concerned Tehsildar Beerwah failed to provide the information under RTI Act 2005. He is now in anxiety, depression, and pleading for justice but nobody is listening. The Economically weaker section candidates face many hardships during completion of their education and they bear all difficulties with the hope to get better jobs and admissions in good educational institutions by using EWS certificates. However, non-genuine candidates are taking opportunities of few incompetent public servants who misuse for their better future. The undeserving candidates are reaping EWS reservation fruits and the helpless and the poor deserving are pushed down on the social ladder. There are a good number of public servants in the Kashmir valley known for their best administrative qualities. Being hardworking, dedicated and honest, they are always working on the basic principles and values of civil services. They never compromise integrity, impartiality, equality, equity etc. in rendering public services. They always keep public services at the forefront . Reservation for the weaker sections category is good only if it benefits and improves the conditions of the genuine and deserving poor families otherwise; it is very harmful for the society as it creates imbalance and wide gap due to inequality and injustice for the deserving poor. The Jammu and Kashmir government should be very serious about the injustice done to the aggrieved and deserving candidates belonging to EWS category. The government should direct the tehsil officials to keep all EWS related records ready available on websites. Daily updating of records like EWS certificates by tehsil officials can help in identification of genuine and non-genuine candidates and this will bring transparency and accountability in the department. The government should also constitute a high level committee for investigation of fraudulent EWS certificates issued to the undeserving candidates and those involved in EWS certificate frauds should be given deterrent punishments. Awareness among educated youth and the tehsil officials and enactment of strict laws by the government regarding issuance of EWS certificates is the need of the hour. The Civil society, Religious organizations, NGO,s etc. should also come forward and join hands together firmly with the aggrieved candidates to fight against illegal issuance of EWS by tooth and nail as the Jammu and Kashmir RTI Movement has been fighting under the umbrella guidance of the chairman Dr. Raja Muzaffar Bhat.
(The author is a teacher at Boys Higher Secondary School Beerwah. Views are his own)
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