11. THE TEXT OF A PIL PLANNED
An Intro:
The apex courts have been showing, more strikingly since recent past, a lot of enthusiasm on many a detail of 'public' issues and governance. In relation to Anti-reservation movement one has to wait and see the reaction of the apex court and the nature of the reaction.
In this backdrop it is seriously being considered to file a PIL. The following is the text containing the major points to be brought forth. There are corrections needed to suit to conform to the legal practice and structure.Pending these modifications it is posted for sharing with our bretheren
To
The Hon’ble Supreme Court,
New Delhi
Sub: Anti-Reservation Movement – Its Anti-Social and Anti-Constitutional Nature – Your Intervention to Ban It – Request – Regarding.
Sir,
The Hon’ble court is aware of the ongoing strikes and various other activities against reservations. This activity is directed against one of the fundamental principles of our constitution. Further, the demand is against the immediate, direct, long term and implicit welfare of the majority of the people and in general the welfare of the nation as a whole viewed historically. The spear headers and participants all belong to only one community that has historically been suppressing the merit of the lower castes, robbed stole away all wealth and resources of the land, constitutionalized and legalized such booty after the advent of constitution and consistently opposing all measures to erase the caste divisions and proportionate representation of all people in all walks of life.
For all such reasons this strike cannot be considered as the voice of any people. It is so because, firstly, it is targeted against the majority of the people. Secondly, it is initiated and participated by elements that solely belong to that community which is opposed to the majority of the people. What is going on in the name of strikes and anti-government activity is an outright rampage against the majority of the people by a handful of elements different from and opposed to the targeted majority of the people. The principle of reservation, from the legal point of view too, is upheld by the constitution.
Reservations are in fact in the process of waiting for a full-fledged, all embracing and committed implementation. If any measures in this direction are to be opposed – whether such opposition is right are wrong is a matter of later debate but the constitutionality and legality of the very expression of opposition itself is the point of focus – it needs to be opposed by the lower castes and not the upper castes, or by a proportionate mix of both. The present strikers do not meet such requirement. Thus this activity is rendered as anti-social and anti-constitutional. It must be declared so and abolished. It is also hurting the sentiments of the lower castes. Making a “tamasha” of the rightful, constitutional and genuine needs in the public is to be stopped. The present strikers are also resorting to all such activities that will raise social tensions, disturb the social peace and harmony and those who are employed or supposed to be on duty in service of people are violating such of the norms for their sectarian and anti-social cause. The support of governmental, statutory or any registered bodies – like IMA – also must be viewed very seriously and they must be severely cautioned against it.
The government too is a culprit for such tensions. Introduction of reservations in installment basis itself is some thing dubious. It is a political strategy against reservations. This attitude is a result of upper casteism and anti-reservationism. The simple reason is that the government is dominated by upper casteism.
It is also pleaded that the Hon’ble court order the government to implement reservations in a full-fledged way covering all the organizations and institutions – scientific, defense, public and private – with all commitment and with all other associated supports to the target people to make use of these opportunities.
It is also pleaded before the Hon’ble court that the argument of the anti-reservationists “on the ability to carry out the assignment effectively” be rejected at the very outset and in its totality. It is these elements who have been grabbing the best quality public education available in India and simply deserting India for their selfish pursuits. Unless they were assured of some other lucrative engagement they never intended to stay back in India. Though if a few of them take up some jobs in India they take it only to use it as spring board to fulfill the criteria of experience are some other deficiencies to fly away abroad. There are so many medical graduates and there are many a government doctor posts lying vacant. These graduates are not inclined to take up the jobs. A decent and comfortable life is not sufficient to them. They are bent upon leading a life of a rich Western fellow even if they had to stay back in India.
In view of this, it is specially pleaded that the Hon’ble court may be pleased to question the moral and ethical grounds of these elements not only on their opposition to reservation but also primarily on their very suitability to be considered for admission into these public institutes run by public money and that the Hon’ble court may be pleased to decree that the government should entertain anyone in the public institutes unless such admitted persons undertake to work in the government services first for the salaries that are offered to all.
Hence, the intervention of the apex court is urgently required and it is requested that the court may be pleased to take action to contain the strikers.
It is highly objectionable that a handful vested interested of the society want to dictate terms to, the good and bad of the majority and tries hold the whole society at ransom with a threat.
If the strikers sincerely feel that they are aggrieved of opportunities for the self, they should ask the government to create more such. The crooked desire of snatching away the proportionate quota must be deserted. The economically weak or average among them can even ask for apportionment of a proportionate quota to them if they want a shield of protection against their counter parts who are far superior in their financial and resourceful riches.
The present activity under the caption of “a protest against the government or a strike” is a clear attack on the common people. They are opposing the rightful proportionate extension of opportunities to the persons from majority of the people. Almost all patients who visit these hospitals affected by the strikes are from lower castes only.
The total paralization of medical services in these hospitals due to the strike of the “aggrieved doctors” is an irony of the need of reservations for OBCs in these hospitals.
It is enough that they proved a point what they in fact are opposed to. That should not be continued to make their action a further absurdity.
The apex courts have been showing, more strikingly since recent past, a lot of enthusiasm on many a detail of 'public' issues and governance. In relation to Anti-reservation movement one has to wait and see the reaction of the apex court and the nature of the reaction.
In this backdrop it is seriously being considered to file a PIL. The following is the text containing the major points to be brought forth. There are corrections needed to suit to conform to the legal practice and structure.Pending these modifications it is posted for sharing with our bretheren
To
The Hon’ble Supreme Court,
New Delhi
Sub: Anti-Reservation Movement – Its Anti-Social and Anti-Constitutional Nature – Your Intervention to Ban It – Request – Regarding.
Sir,
The Hon’ble court is aware of the ongoing strikes and various other activities against reservations. This activity is directed against one of the fundamental principles of our constitution. Further, the demand is against the immediate, direct, long term and implicit welfare of the majority of the people and in general the welfare of the nation as a whole viewed historically. The spear headers and participants all belong to only one community that has historically been suppressing the merit of the lower castes, robbed stole away all wealth and resources of the land, constitutionalized and legalized such booty after the advent of constitution and consistently opposing all measures to erase the caste divisions and proportionate representation of all people in all walks of life.
For all such reasons this strike cannot be considered as the voice of any people. It is so because, firstly, it is targeted against the majority of the people. Secondly, it is initiated and participated by elements that solely belong to that community which is opposed to the majority of the people. What is going on in the name of strikes and anti-government activity is an outright rampage against the majority of the people by a handful of elements different from and opposed to the targeted majority of the people. The principle of reservation, from the legal point of view too, is upheld by the constitution.
Reservations are in fact in the process of waiting for a full-fledged, all embracing and committed implementation. If any measures in this direction are to be opposed – whether such opposition is right are wrong is a matter of later debate but the constitutionality and legality of the very expression of opposition itself is the point of focus – it needs to be opposed by the lower castes and not the upper castes, or by a proportionate mix of both. The present strikers do not meet such requirement. Thus this activity is rendered as anti-social and anti-constitutional. It must be declared so and abolished. It is also hurting the sentiments of the lower castes. Making a “tamasha” of the rightful, constitutional and genuine needs in the public is to be stopped. The present strikers are also resorting to all such activities that will raise social tensions, disturb the social peace and harmony and those who are employed or supposed to be on duty in service of people are violating such of the norms for their sectarian and anti-social cause. The support of governmental, statutory or any registered bodies – like IMA – also must be viewed very seriously and they must be severely cautioned against it.
The government too is a culprit for such tensions. Introduction of reservations in installment basis itself is some thing dubious. It is a political strategy against reservations. This attitude is a result of upper casteism and anti-reservationism. The simple reason is that the government is dominated by upper casteism.
It is also pleaded that the Hon’ble court order the government to implement reservations in a full-fledged way covering all the organizations and institutions – scientific, defense, public and private – with all commitment and with all other associated supports to the target people to make use of these opportunities.
It is also pleaded before the Hon’ble court that the argument of the anti-reservationists “on the ability to carry out the assignment effectively” be rejected at the very outset and in its totality. It is these elements who have been grabbing the best quality public education available in India and simply deserting India for their selfish pursuits. Unless they were assured of some other lucrative engagement they never intended to stay back in India. Though if a few of them take up some jobs in India they take it only to use it as spring board to fulfill the criteria of experience are some other deficiencies to fly away abroad. There are so many medical graduates and there are many a government doctor posts lying vacant. These graduates are not inclined to take up the jobs. A decent and comfortable life is not sufficient to them. They are bent upon leading a life of a rich Western fellow even if they had to stay back in India.
In view of this, it is specially pleaded that the Hon’ble court may be pleased to question the moral and ethical grounds of these elements not only on their opposition to reservation but also primarily on their very suitability to be considered for admission into these public institutes run by public money and that the Hon’ble court may be pleased to decree that the government should entertain anyone in the public institutes unless such admitted persons undertake to work in the government services first for the salaries that are offered to all.
Hence, the intervention of the apex court is urgently required and it is requested that the court may be pleased to take action to contain the strikers.
It is highly objectionable that a handful vested interested of the society want to dictate terms to, the good and bad of the majority and tries hold the whole society at ransom with a threat.
If the strikers sincerely feel that they are aggrieved of opportunities for the self, they should ask the government to create more such. The crooked desire of snatching away the proportionate quota must be deserted. The economically weak or average among them can even ask for apportionment of a proportionate quota to them if they want a shield of protection against their counter parts who are far superior in their financial and resourceful riches.
The present activity under the caption of “a protest against the government or a strike” is a clear attack on the common people. They are opposing the rightful proportionate extension of opportunities to the persons from majority of the people. Almost all patients who visit these hospitals affected by the strikes are from lower castes only.
The total paralization of medical services in these hospitals due to the strike of the “aggrieved doctors” is an irony of the need of reservations for OBCs in these hospitals.
It is enough that they proved a point what they in fact are opposed to. That should not be continued to make their action a further absurdity.
posted by Sampath Kumar Thulasi @ 11:06 PM
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