PaRCha - JNU - AISA material - 2008 ID-22067
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And whereas, it is clear from the Report and recommendations of the Mandal Commission and from the O.M. referred to above that the identification and listing of SEBC was for all purposes, of Articles including those under Articles 15(4) 16(4) of the Constitution and purposes of all other social justice measures which emerge from the Constitutional mandate of equality as well as the removal of inequality, including social inequality; and that this was always the intention of the Government of India, and it was only as an initial step (at the outset), in the situation and context then existing, that reservation under Article 16(4) was taken up, and this should not be misconstrued or misinterpreted to mean that the Central Lists of SEBCs were intended for the purpose of only Article 16(4); .
And whereas, it is not the practice of the Government of India or the State Governments, nor is it practical to identify and list SEBC/OBC or any other category in need of social justice for each purpose separately, and in the case of SC and ST also such has been the principle and practice all along, and in the case of SEBC this is the position in respect of State Lists as noted by the aforesaid Supreme Court judgment which specifically mentions that the State lists of SEBC/OBC were prepared both for the purposes of Article 16(4) as well as 15(4), and in the Indian social reality every genuine socially backward class is also an educationally backward class and it has been pointed out by the Supreme Court in the aforesaid judgment that in the Indian Context social backwardness leads to educational backwardness; .
And whereas, no public purpose is served by identifying and listing SEBC for each purpose each time separately thereby losing time; .
And whereas, the mention of the purpose of reservation in Government posts and services in the Resolution of the Ministry of Welfare No. 12011/68/93-BCC (C) dated 10.9.1993 notifying the first Central list of SEBC/OBC was not intended to mean that the identification and listing of SEBC/OBC was only for the purpose of Article 16(4) and was in fact for all purposes including for the purposes of Article 16(4) as well as Article 15(4) of the Constitution of India as elucidated above and the same is the position with the subsequent resolutions notifying Central list of SEBC/OBC issued from time to time, both on the basis of common listing and on the basis of Advices of the National Commission for Backward Classes (NCBC), and this is also the position in respect of the definition of Lists in Section 2 (c) of the NCBC Act of 1993 (No. 27 of 1993); .
And whereas, the Central Government is satisfied that the Central Lists of the SEBC/OBCs, was prepared with due care; .
And further whereas, the lists of SEBCs/OBCs of different States referred to for arriving at the Central (Common) Lists of SEBCs/OBCs were and are being used by States for extending the benefit of reservation for employment as well as for other measures of advancement such as admission to educational institutions and scholarships and so on; .
And whereas, it is clear from the above that the SEBC/OBC referred to in the CEI Act have already been determined for each and every purpose currently in operation as well .
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PaRCha - JNU - AISA material - 2008 ID-22067
.
And whereas, it is clear from the Report and recommendations of the Mandal Commission and from the O.M. referred to above that the identification and listing of SEBC was for all purposes, of Articles including those under Articles 15(4) 16(4) of the Constitution and purposes of all other social justice measures which emerge from the Constitutional mandate of equality as well as the removal of inequality, including social inequality; and that this was always the intention of the Government of India, and it was only as an initial step (at the outset), in the situation and context then existing, that reservation under Article 16(4) was taken up, and this should not be misconstrued or misinterpreted to mean that the Central Lists of SEBCs were intended for the purpose of only Article 16(4); .
And whereas, it is not the practice of the Government of India or the State Governments, nor is it practical to identify and list SEBC/OBC or any other category in need of social justice for each purpose separately, and in the case of SC and ST also such has been the principle and practice all along, and in the case of SEBC this is the position in respect of State Lists as noted by the aforesaid Supreme Court judgment which specifically mentions that the State lists of SEBC/OBC were prepared both for the purposes of Article 16(4) as well as 15(4), and in the Indian social reality every genuine socially backward class is also an educationally backward class and it has been pointed out by the Supreme Court in the aforesaid judgment that in the Indian Context social backwardness leads to educational backwardness; .
And whereas, no public purpose is served by identifying and listing SEBC for each purpose each time separately thereby losing time; .
And whereas, the mention of the purpose of reservation in Government posts and services in the Resolution of the Ministry of Welfare No. 12011/68/93-BCC (C) dated 10.9.1993 notifying the first Central list of SEBC/OBC was not intended to mean that the identification and listing of SEBC/OBC was only for the purpose of Article 16(4) and was in fact for all purposes including for the purposes of Article 16(4) as well as Article 15(4) of the Constitution of India as elucidated above and the same is the position with the subsequent resolutions notifying Central list of SEBC/OBC issued from time to time, both on the basis of common listing and on the basis of Advices of the National Commission for Backward Classes (NCBC), and this is also the position in respect of the definition of Lists in Section 2 (c) of the NCBC Act of 1993 (No. 27 of 1993); .
And whereas, the Central Government is satisfied that the Central Lists of the SEBC/OBCs, was prepared with due care; .
And further whereas, the lists of SEBCs/OBCs of different States referred to for arriving at the Central (Common) Lists of SEBCs/OBCs were and are being used by States for extending the benefit of reservation for employment as well as for other measures of advancement such as admission to educational institutions and scholarships and so on; .
And whereas, it is clear from the above that the SEBC/OBC referred to in the CEI Act have already been determined for each and every purpose currently in operation as well .
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