Lawfully yours: By Retired Justice K Chandru | National institutions cannot remain islands when Article 15(5) mandates inclusive quota

CHENNAI: National institutions cannot remain islands when Article 15(5) mandates inclusive quota

Can IIMs and IITs claim exemption from reservation due to their premier status? Recently, IIMs have been criticised for not implementing the quota system. They have also not revealed their reservation roster, making judicial review difficult. Some IIM heads argue that the quality of B-schools would decline if reservation is applied in full measure. Certain IIMs maintain they cannot find enough qualified candidates from SC/ST groups for faculty roles. Can such reasoning be accepted as a genuine practical constraint?

-- Lenin Anandhan, Medavakkam, Chennai

In the early nineties, the then Director of IIT(M) openly suggested running more Pallavan Transport Buses as a step towards equality. In today’s context, I do not think anyone opposes reservation as affirmative action, especially since even upper castes now receive a 10% quota under the Economically Weaker Sections category. Nationally important institutions cannot function as islands, and their initial resistance has already been addressed through the insertion of Article 15(5) of the Constitution, which explicitly provides for reservations for Socially and Educationally Backward Classes (SEBCs) along with SCs and STs.

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Right to Services Act can bind officials to deliver time-bound public service

The Ungaludan Stalin scheme is a government initiative aimed at improving public service delivery and grievance redressal through doorstep outreach. However, there has hardly been any doorstep reach; instead, what is seen is people struggling to file petitions at designated counters in camps across the State. Yours truly also filed a petition for correction in the patta, as earlier visits to the tahsildar’s office yielded no result. An acknowledgement of receipt was sent instantly to the registered phone, but nothing has moved since. Inquiry at the office concerned, too, brought no response. How can a layperson find out if there is any progress in resolving their issues? Many have said that even an RTI query does not provide answers. Public service remains negligent in all government offices, and people believed this scheme would deliver quick solutions. Sadly, nothing has happened even after two months. Please advise on the legal or other procedure for follow-up. The much-touted transparency of the scheme is missing.

-- Monisha Mervin, Madhavaram

As long as bureaucracy remains indifferent to people’s problems, inertia cannot be overcome. There is demand for a new legislation, the Right to Services Act, which will bind government servants to time-bound service, failing which action can be taken against erring ones. Delhi already has such a law in place. Even otherwise, after making a query under the RTI Act, you can approach the High Court for appropriate directions to the revenue authorities concerned.