A recent (November 7) judgment of the Supreme Court upheld the 103rd Amendment to the Constitution. By a three-two majority the learned justices validated a patently politically motivated additional 10 percent reserved quota in higher education institutions and government jobs for economically weaker sections (EWS) from the general category. This apex court verdict requires reconsideration because it has the potential to further devalue merit in the academy, and enfeeble steadily deteriorating administration within the Central and state governments.

For the purposes of perspective, it’s pertinent to note this additional quota comes atop a 15 percent reservation for scheduled castes (SC); 7.5 percent for scheduled tribes (STs) and 27 percent for other backward castes/ classes (OBCs). Hitherto 49.5 percent of capacity in Central and state government colleges and universities was reserved for these castes (euphemistically described as classes).

In 1992 in the interests of meritocracy in academia and government, the court imposed a 50 percent ceiling on reserved quotas. However, in its majority judgement upholding the 103rd Amendment, the apex court has unwisely acquiesced to a breach of that ceiling, observing it’s not inviolate.

This latest verdict is inimical to the broader public interest because when 60 percent of students in an HEI (higher education institution) are admitted on criteria other than merit, standards of education will inevitably suffer. Before upholding the constitutional validity of this new reserved quota, their lordships should have taken judicial notice of the reality that not even one of India’s 1,041 universities — despite some of them being of 150 years vintage — is ranked in the Top 200 World University Rankings (WUR) published annually by QS and Times Higher Education, the globally respected London-based HEI rating agencies. Secondly, the learned judges should have also taken judicial notice that administrative efficiency in Central and state government offices is arguably lowest worldwide.

Therefore permitting government to appoint employees on criteria other than proven merit is against the public interest. For evidence of official ad[1]ministrative inefficiency, the learned judges needed to have looked no further than their own backyard. The justice system is clogged with a backlog of 30 million pending cases.

The proper way to address historical injustices to SC, ST, OBC and EWS communities is to facilitate their access to the best learning and skilling institutions through provision of generous scholarships and bursaries.

Simultaneously, learned judges of the apex court need to apply their formidable collective intellect to cleanse the augean stables of the public education system while unambiguously protecting the rights of quality-conscious private education providers. Levelling down standards in the academy and public administration beyond a point on sentimental considerations, is a zero sum game. Everybody loses.

Also Read:  ‘SC upholding 10% quota to EWS a slap on face of parties with vested interests’