Patel Dhirubhai Argued that Income Ceiling fixed by the government of India for Pre-Metric and Post Metric Scholarship is make unequal to SCs and STs

Patel Dhirubhai is Argued to Government of India for the withdraw of Perennial  Income Ceiling of Rs.2,50,000/- fixed for Pre-Metric and Post Metric Scholarship. It is Violating the Article 14 and 15 (4), 46, 341, 342, 366 (24) and 366 (25) of the Constitution of India.

Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be depend upon student’s parents income ceiling of Rs. 2,50,000/- Argued by Patel Dhirubhai.

 Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be  depend upon student’s parents income ceiling of Rs. 2,50,000/- Argued by Patel Dhirubhai.

             

          Status of the Scheduled Castes or Scheduled Tribes cannot be depending on Income of student’s parents. The benefits of Pre-Metric and Post Metric Scholarships are made for SCs and STs under the Special provisions provided by Article 15 (4), 46, 275(1), 341, 342, 366 (24) and 366 (25), it cannot be  depend upon student's Parents income ceiling of Rs. 2,50,000/-

           The Parental Income Ceiling fixed for ST Students for Pre-Metric and Post Metric Scholarship by the Ministry of Tribal Affairs is arbitrary , discriminatory and violating of Article 14, 15(4), 46, 342 and 366 (25) of the Constitution.

             ‘Means Test’ is held only for Other Backward Class (i.e. for OBC) and has no relevance in the case of Scheduled Castes and Scheduled Tribes.

             Imposing Income Ceiling by Govt. of India for Pre-Metric and Post Metric Scholarship for SCs and STs is discriminating under Article 15 (4) of the Constitution among similar SC/ST persons. It is also a clear violation right of equality under Article 14 which override or abridge of the fundamental rights guaranteed to the Citizens under Article 14 and 15 (4).

Patel Dhirubhai asking question to Govt. of India regarding Reservation Policy of Govt. of India

(A)   Whether the Reservation Policy of the Government of India for Scheduled Castes and Scheduled Tribes as to applicable in posts and Services of various Union Territory Administrations or not.

       (B)  If the Reservation Policy of the Government of India for Scheduled Castes and Scheduled Tribes as to applicable in posts and services of various Union Territory Administrations then why the Appointing Authorities of UT Administrations are not considering the Claims of other States SCs / STs in direct recruitment and Claims for Promotion from feeder cadre employees for the posts and services under the various Union Territory Administrations.   

The State Government or Union Territory Administration cannot forced or legislate on requirement of local residence of Scheduled Castes or Scheduled Tribes for employment under the State Government or Union Territory Administration.

                    

             Under the Articles 341 (1) and 342 (1), those castes, tribes and race who are notified as Scheduled Castes or Scheduled Tribes in relation to that State or Union Territory, are entitled to all reservation benefits under the Scheme of Constitution of India is reinforced by the Presidential Notification in any State or Union Territories. Only Parliament can add castes, tribes and race or include such other castes, tribes and race in existing notification under the Articles 341 (2) or Article 342 (2) and such Scheduled Castes or Scheduled Tribes which is requirement of local residence in relation to that State or Union Territory for reservation in employment can only forced by Parliament by making a law under Article 16 (3) of the Constitution of India for prior to such employment or appointment within a State or Union Territory. The State Government or Union Territory Administration cannot legislate on this aspect; nor can the executives of Union or State Government, add to or alter the exiting list of Scheduled Castes or Scheduled Tribes notification issued in relation to a State or Union Territory, either through State legislation or through policies or orders or letters or circulars.