Benefits of double reservation benefits not permissible: Sakina
Jammu March 30- Replying to a Calling Attention Notice regarding non-inclusion of Gurez in Actual Line of Control moved by Nazir Ahmed Gurezi today in Legislative Assembly, the Minister for Social Welfare Ms Sakina Itoo said that constitution of India under Article-15(4) provides for factual recognition of Backward class of people who are socially and educationally backward adding that Section-23 of the Constitution of Jammu and Kashmir, provides for special treatment to educationally and socially backward citizens to compete with advance sections of the society on terms of equality.

The Minister said in order to protection to the socially and educationally backward class, the Government enacted the J&K Reservation Act- 2004 so as to provide reservation in services, promotions and promotional institutions to the people belonging to backward class. She said under section-2 (0) the persons residing in backward areas, adjoining actual line of control, weak and under privileged classes are entitled for the benefits of this constitution.

The Minister said the Government in order to give effect to the provisions of the act section 23 of J&K reservation Act 2004, gives powers to make Rules under the Act. She said the J&K Reservation Rules, 2005 were issued vide SRO No.294 of 2005. She said these rules provides reservation of 8% to schedule caste, 10% to schedule tribe, 2% social caste, 3% resident of area adjoining ALC and 20% RBA, besides 6% to Ex-serviceman on horizontal and 3% reservation to physical challenged persons.         

The Minister also gave detailed the information about the reservation in promotion, professional institutions kept for various categories in the State.

The Minister said that the population of Bandipora district is 316436 out of which the schedule tribe population including Gurez area  is 54945. She said the whole tehsil of Gurez comes under ST category and are availing the reservation benefits to the extent of 10% under this category. She said the people of the area are also availing 20% reservation under RBA as whole of tehsil is included in RBA category, adding that the Government has not included the Gurez in ALC in the areas falling near the Line of Actual Line of Control in SRO 126 of 1994 and SRO 294 of 2005.

She said in 2007 Government constitute a Committee under the Chairmanship of then Chief Secretary of the State to review Jammu and Kashmir Reservation Policy. She said Committee while deliberating upon the issue of overlapping of backward areas as well as areas falling under line of actual control recommended that there should be no overlap of the both category and the recommendations was upheld by the Cabinet decision No. 230/16 of 2007.

She said the provision of double reservation under backward category is not permissible under the Act as well as rules as this will create confusion and deprive people of other areas of the benefit of reservation. She said therefore, the reason of not inclusion of Gurez in ALC is due to the operation of reservation Act and Rules there under and also the Cabinet decision under which the policy has been adopted.

No.PR/DI/2011/ Assembly-173/8930/gmw/jk/
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