DECCAN INQUIRER e news bi-weekly EDITOR: NAGARAJA.M.R. VOL.22 ….ISSUE...87…..29/10/2026
Did government conduct any scientific survey to make 82nd constitutional amendment done on the basis of scientific study or survey by committee to fix low eligibility criteria , lower cut off marks for SC & ST , OBC , EWS , other reservation candidates
Example : Community. Z doesn't have representation in state road transport department. To fulfill that shortage a person with night blindness from community Z is appointed as driver in transport bus. What will be the fate of passengers ?
Ideally person from community Z who is fit in all respects must be appointed as driver.
No, the Government of India did not conduct a specific scientific survey or committee study to enact the 82nd Constitutional Amendment Act, 2000. [1, 2]
Instead, the amendment was a direct legislative reaction to a specific Supreme Court judgment. [1]
Why the 82nd Amendment Was Enacted
The Judicial Trigger: In the 1996 case S. Vinod Kumar vs. Union of India, the Supreme Court ruled that relaxing qualifying marks or lowering evaluation standards for Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of promotion was impermissible. The Court based this on Article 335, which mandates maintaining the "efficiency of administration". [1, 2]
The Government's Response: Following the judgment, the Department of Personnel and Training (DoPT) withdrew these relaxations in 1997. This led to widespread representations from Members of Parliament and marginalized communities. [1]
The Amendment: Without forming a scientific committee or conducting a field survey, the government introduced the 82nd Constitutional Amendment to bypass the court's ruling. It inserted a proviso into Article 335, explicitly allowing the state to grant relaxations in qualifying marks and evaluation standards for SCs and STs during promotions. [1, 2, 3]
The Subsequent Demand for "Quantifiable Data"
While no scientific survey was done before passing the amendment, the lack of empirical backing led to a monumental legal challenge later:
The M. Nagaraj Case (2006): The validity of the 82nd Amendment (alongside the 77th, 81st, and 85th amendments) was challenged in the Supreme Court. [1, 2]
The Court's Caveat: The Supreme Court upheld the constitutional validity of the amendment but introduced a strict requirement. The bench ruled that these amendments are merely "enabling provisions". If a state government wants to implement these promotional relaxations or quotas, it must collect quantifiable data (empirical/scientific study) to prove:
The backwardness of the class.
The inadequacy of their representation in that specific government cadre.
That the relaxation will not completely compromise the overall efficiency of administration. [1, 2, 3, 4, 5]
The 82nd Amendment was passed due to intense socio-political pressure to reverse court orders, not a pre-existing scientific study. However, because of subsequent judicial rulings, any modern implementation of it requires empirical, survey-driven data collected by the state. [1, 2]
In summary, the 82nd Amendment itself was passed as a political and legislative tool to restore previous reservation benefits, not the result of a committee's scientific study. However, because of the Supreme Court's subsequent rulings, governments are now legally forced to conduct institutional, data-driven studies before they can actually apply the provisions enabled by it. [1, 2, 3]
No.36012/23/96-Estt.(Res.)Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated: the 3rd October, 2000
OFFICE MEMORANDUM
Subject: Reservation in promotion – Prescription of lower qualifying Marks/lesser standard of evaluation.
The undersigned is directed to refer to Department of Personnel & Training’s O.M.No.36012/23/96-Estt.(Res) dated 22nd July, 1997 vide which various instructions of the Government providing for lower qualifying marks/lesser standards of evaluation in matters of promotion for candidates belonging to the Scheduled Castes and Scheduled Tribes had been withdrawn, on the basis of the Supreme Court’s judgement in the case of S. Vinod Kumar Vs. Union of India.
2. The undersigned is further directed to say that the matter has been reviewed, consequent to which the following proviso to Article 335 has been incorporated in the Constitution by the Constitution (Eighty-Second Amendment) Act, 2000:
"Provided that nothing in this Article shall prevent in making of any provision in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State."
3. In pursuance of the enabling proviso of Article 335 of the Constitution, it has now been decided to restore, with immediate effect, the relaxations/concessions in matters of promotion for candidates belonging to SCs/STs by way of lower qualifying marks, lesser standards of evaluation that existed prior to 22.7.1997 and as contained in the instructions issued by the Department of Personnel and Training from time to time including OM No.8/12/69-Estt.(SCT) dated 23.12.1970, No.36021/10/76-Estt.(SCT) dated 21.1.1977 and para 6.3.2 of the DPC guidelines contained in Department of Personnel and Training’s O.M. No.22011/5/86-Estt.(D) dated 10.4.1989. In other words, the effect of these instructions would be that the Department of Personnel and Training’s OM No.36012/23/96-Estt.(Res) dated 22nd July, 1997 becomes inoperative from the date of issue of this OM.
4. These orders shall take effect in respect of selections to be made on or after the date of issue of this OM and selections finalised earlier shall not be disturbed.
5. All Ministries/Departments are requested to bring these instructions also to the notice of their Attached/Subordinate Offices and Autonomous Bodies Public Sector Undertakings under their control for compliance.
(J. Kumar)
Deputy Secretary to the Government of India
Tele No.3011797
To
1. All Ministries/Departments of the Government of India.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurance Division),New Delhi.
4. Department of Public Enterprises, New Delhi.
5. Railway Board.
6. Union Public Service Commission/Supreme Court of India/Election Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/President’s Secretariat/Prime Minister’s Office/Planning Commission.
7. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
8. Ministry of Social Justice & Empowerment, Shastri Bhavan, New Delhi.
9. National Commission for SCs & STs, Lok Nayak Bhawan, New Delhi.
10.National Commission for Backward Classes, Trikoot-I, Bhikaji Cama Place, R.K. Puram, New Delhi.
RESERVATION , Caste Discrimination. & Reverse Caste Discrimination by government are all CRIMES , HUMAN RIGHTS VIOLATIONS.
Every human being has got human rights by birth. No Ambedkar , no Modi , nobody has given it and nobody has authority , right to snatch it away from us.
No Caste , No Human being is neither superior nor inferior. There are many brilliant people among Dalits , among reservation people like in other communities. By nature all are Equal with equal human intellect. Therefore in qualifying examinations & interviews fixing low cut off marks for some caste candidates and fixing very high cut off marks for others are Crimes by authorities.
Late Mr. Ambedkar violated our human rights by Caste Reservation Policy and since independence many politicians including our PM Mr Modi violated our human rights by reinforcing caste reservation. All of them are guilty of Human Rights violations , therefore CRIMINALS.
PIL for legal prosecution of Late Mr Ambedkar & Mr.Modi
Ambedkar Modi & Human Rights Crimes
https://e-inquirer.blogspot.com/2026/06/modi-ambedkar-human-rights-crimes.html?m=1 ,
CANCEL Ambedkar's Bharatha Rathna Award
https://e-inquirer.blogspot.com/2026/05/cancel-ambedkars-bharatha-rathna.html?m=1. ,
Editorial : Honourable Chief Justice of India Please Answer
Nature has made every human being same , same IQ, same intelligence for all , no discrimination. We human beings made mistakes by dividing ourselves on the basis of race , skin colour , caste , etc.
Examinations for government jobs , college entry , degree final exams are fixed with qualifying percentage / marks. In all these exams dalit candidates are fixed with low qualifying marks / percentage and rest are fixed with higher qualifying marks. Dalits are given higher age limits and more number of attempts are also given.
Does the dalits have low IQ / intelligence than others ? What are the scientific reasons behind this anamoly?
This practice is human rights violation. Read following articles and please ANSWER.
-40 is the cut-off
You heard it right -40 is the cut-off for reserved category for NEET-PG entrance exam.
It's not about being fair or unfair anymore. It's about being accountable to the citizen of this country.
Imagine being treated by a doctor who scored -40 marks while many deserving future doctors are waiting in line to give another attempt to crack the exam.
I agree Reservation in some places makes sense but everything has a limit to it.
When it comes to CAT, previous year the lowest percentile at which IIM Indore had given admission to a aspirant was 49%ile while a candidate with 99.5 %ile wasn't even given a call.
What do you think. Is reservation really benefitting the nation or it is moving us backward?
NEET cutoff for SCSTOBC is -40. Do you think this is fair to the patients or society ?
NEET cutoff for SCSTOBC is -40. Do you think this is fair to the patients or society ?
These are people who will diagnose, operate, prescribe, and literally decide life or death. If someone couldn’t even cross zero in an entrance exam, what confidence is a patient supposed to have later in him ?
this isn’t about hating anyone. It’s about standards in healthcare. As a patient, why would I voluntarily choose a doctor who entered with massively lower academic requirements and risk my life ?
No political party in their right mind can touch reservations and still expect to win elections. And it seems society is adamant in going to the far ends of reservation instead of coming out of it.
So is there any end to this? Shouldn't the reserved themselves be concerned about such things and ask for different opportunities instead of something that hasn't worked in last 70 yrs.
Give degrees to failed SC-STs: Med varsity
Hindustan Times | ByGaurav Saigal
, Lucknow
Dec 06, 2011 02:01 AM IST
The Chhatrapati Shahuji Maharaj Medical University in Lucknow has urged the Medical Council of India that graduation degrees be granted to SC and ST medical students, who have repeatedly failed to clear the final exams. A few of them have been trying since 1996. Gaurav Saigal reports.
The Chhatrapati Shahuji Maharaj Medical University in Lucknow has urged the Medical Council of India that graduation degrees be granted to SC and ST medical students, who have repeatedly failed to clear the final exams. A few of them have been trying since 1996.
Earlier, about 50 reserved category students blamed the university’s teachers, alleging that they were deliberately giving SC-ST students poor marks.
The move comes only a few months before the assembly polls in Uttar Pradesh where scheduled castes and scheduled tribes constitute 18% of the electorate.
On Monday, a letter from the vice-chancellor of the university — India’s first residential medical university, established in 1905 — Prof DK Gupta, to the MCI read: “As students have failed consecutively on several attempts, they be allowed to have a degree.”
He said a separate passing percentage should be fixed for students belonging to the reserved category, as they get selected with lower qualifying marks through medical entrance.
Although state medical education minister Lalji Verma
said, “I will comment only after going through the documents”, Congress spokesperson Ram Kumar Bhargava said repeated failure of a section of students should be probed.
But Samajwadi Party leader Ambika Chaudhary said, “Once they (students from underprivileged sections) get an opportunity, they must be up to the mark to become doctors.”
Editorial : Caste discrimination by Supreme Court
Honourable Chief Justice of India Please Answer
To our previous appeals for justice in this regard , supreme court of india didn’t respond. Thereby SCI judges supported these caste biased acts by governments.
Nature has made every human being same , same IQ, same intelligence for all , no discrimination. We human beings made mistakes by dividing ourselves on the basis of race , skin colour , caste , etc.
Examinations for government jobs , college entry , degree final exams are fixed with qualifying percentage / marks. In all these exams dalit candidates are fixed with low qualifying marks / percentage and rest are fixed with higher qualifying marks. Dalits are given higher age limits and more number of attempts are also given.
Does the dalits have low IQ / intelligence than others ? What are the scientific reasons behind this anamoly?
This practice is human rights violation. Read following articles and please ANSWER.
Give degrees to failed SC-STs: Med varsity
Hindustan Times | ByGaurav Saigal
, Lucknow
Dec 06, 2011 02:01 AM IST
The Chhatrapati Shahuji Maharaj Medical University in Lucknow has urged the Medical Council of India that graduation degrees be granted to SC and ST medical students, who have repeatedly failed to clear the final exams. A few of them have been trying since 1996. Gaurav Saigal reports.
The Chhatrapati Shahuji Maharaj Medical University in Lucknow has urged the Medical Council of India that graduation degrees be granted to SC and ST medical students, who have repeatedly failed to clear the final exams. A few of them have been trying since 1996.
Earlier, about 50 reserved category students blamed the university’s teachers, alleging that they were deliberately giving SC-ST students poor marks.
The move comes only a few months before the assembly polls in Uttar Pradesh where scheduled castes and scheduled tribes constitute 18% of the electorate.
On Monday, a letter from the vice-chancellor of the university — India’s first residential medical university, established in 1905 — Prof DK Gupta, to the MCI read: “As students have failed consecutively on several attempts, they be allowed to have a degree.”
He said a separate passing percentage should be fixed for students belonging to the reserved category, as they get selected with lower qualifying marks through medical entrance.
Although state medical education minister Lalji Verma said, “I will comment only after going through the documents”, Congress spokesperson Ram Kumar Bhargava said repeated failure of a section of students should be probed.
But Samajwadi Party leader Ambika Chaudhary said, “Once they (students from underprivileged sections) get an opportunity, they must be up to the mark to become doctors.”
Honourable Chief Justice Of India ANSWER
- Please Answer SCI
DARPG Registration No. : DEPOJ/E/2025/0005683.
Whether caste reservation based on social status of caste only ?
Then why economic freebies like financial grants , special scholarships , free hostel , low eligibility marks , low cut off marks , more number of attempts , higher age relaxation , etc are given to scheduled caste candidates , why ?
On what scientific basis ? Low IQ , Low Intelligence ? Nature has produced us all the same without any discrimination. Why disparity by government?
Governments give special financial grants , special Medical benefits to scheduled castes patients , why ?
Why discrimination by government? Are not lives of all people equally important irrespective of caste, religion? Diseases , viruses doesn't discriminate Persons before attacking them.
When a non SC caste person abuses a SC person verbally or physically taking his caste name it is a crime and abuser is punished.
Whereas when a SC person abuses a non SC person verbally , physically by taking his caste name , no action by government. Is it not double standards?
Making hate speeches against caste , religion is a crime. Burning religious books are a crime.
Then why no action taken against many persons including ambedkar , periyar who burnt hindu religious books? Why no actions against dalit people making derogatory comments against other castes , Hinduism?
If Manu smriti is biased , unjust just put it aside don't consider it in governance , why burn it. As per same logic writings of ambedkar , periyar is also biased , ambedkar constitution is biased , Bible, Quran too has biases , many shortcomings , then is it right to burn those too? Will dalits dare to burn those?
Government is an ideal employer.
Then why special promotion to SC employees based on caste alone?
As per dalits statements Buddhism, Christianity are ideal religions without discrimination.
Then after dalits getting converted to Buddhism, Christianity why government gives them reservation benefits?
Caste discrimination of SC person based on his caste is a crime.
Then what about discrimination of left hand dalits , safai karmacharis by right hand dalits. Why no action taken by government against guilty right hand dalits?
Dalits always make derogatory comments against Hinduism, hindu dieties , hindu practices ?
Then why they want to enter temples without respect for it.
Then why they want to work as priests in few rich temples only , they can also work in lakhs of temples for existing wages which is a fraction of government mandated minimum wages.
Dalits make derogatory comments against hindu temples , but take government benefits funded by temple money. Are not these double standards of dalits?
Please read the following Web pages and answer :
By celebrating victory of Bhima koregoan battle are dalits celebrating victory of our oppressors , britishers?
Did Ambedkar participate in india's freedom struggle ? Imprisoned ?
Based on ambedkar's correspondence with british government did he favour british rule ?
With regards to eminent individuals What are the parameters , criteria followed by government for erecting statues in public places , declaring holiday , government functions honouring eminent individuals? We can observe numerous ambedkar statues , busts in India while few or nil statues , busts of individuals who contributed more to india's freedom.
Note :
Religion , religious scriptures without humanity is waste. In the same way constitution, law book without humanity is waste.
Humanity is above all. Human rights of all must be upheld.
Untouchability is inhumane act by one human being against the other. We as part of this society acknowledge with shame inhuman treatment meted out to our scheduled caste brothers and sisters from time immemorial till date. We bow our head in shame before them and apologize to them.
But revenge , one more crime is not the answer to solve a crime. Now bharath is a civilized society.
Affirmative policies of government are stoking caste hatredness and creating caste divisions , reaffirming caste identities instead of caste annihilation.
Government must change it's methods , policies to uphold , protect human rights of all.
Calm Introspection is needed by all.
We respect noble ideals of our Constitution but don't respect biased unjust british era Laws in it. Those unjust laws must be amended to uphold our constitutional ideals.
Jai Hind. Vande Mataram.
Nagaraja M R
Reservation Crime against Humanity
https://e-inquirer.blogspot.com/2025/07/reservation-crime-against-humanity.html?m=1
Crimes by Ambedkar Constitution
https://e-inquirer.blogspot.com/2025/07/crimes-by-ambedkar-constitution.html?m=1
Criminal Constitution of India
https://e-inquirer.blogspot.com/2025/07/criminal-constitution-of-india.html?m=1
Only SC ST lives Important?
https://e-inquirer.blogspot.com/2025/07/sc-st-lives-important-vvips.html?m=1
Does SC ST people have low IQ Intelligence?
https://e-inquirer.blogspot.com/2025/07/does-sc-st-people-have-low-iq.html?m=1
NOT Ambedkar alone
https://e-inquirer.blogspot.com/2025/06/not-ambedkar-alone.html?m=1
Fake SC ST Atrocity cases
https://e-inquirer.blogspot.com/2025/06/cji-fake-sc-st-atrocity-cases.html?m=1
Ambedkar & Periyar were against India's Independence?
https://e-inquirer.blogspot.com/2025/05/ambedkar-periyar-were-against-indias.html?m=1
Crimes by Dalits
https://e-inquirer.blogspot.com/2024/12/dalit-crimes.html?m=1
Blackmail by Dalits?
https://e-inquirer.blogspot.com/2025/05/blackmail-by-dalits.html?m=1
Amend Unjust Constitution of India
https://e-inquirer.blogspot.com/2025/01/unjust-constitution-of-india.html?m=1
Did government conduct any scientific survey to make 82nd constitutional amendment done on the basis of scientific study or survey by committee
No, the Government of India did not conduct a specific scientific survey or committee study to enact the 82nd Constitutional Amendment Act, 2000. [1, 2]
Instead, the amendment was a direct legislative reaction to a specific Supreme Court judgment. [1]
Why the 82nd Amendment Was Enacted
The Judicial Trigger: In the 1996 case S. Vinod Kumar vs. Union of India, the Supreme Court ruled that relaxing qualifying marks or lowering evaluation standards for Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of promotion was impermissible. The Court based this on Article 335, which mandates maintaining the "efficiency of administration". [1, 2]
The Government's Response: Following the judgment, the Department of Personnel and Training (DoPT) withdrew these relaxations in 1997. This led to widespread representations from Members of Parliament and marginalized communities. [1]
The Amendment: Without forming a scientific committee or conducting a field survey, the government introduced the 82nd Constitutional Amendment to bypass the court's ruling. It inserted a proviso into Article 335, explicitly allowing the state to grant relaxations in qualifying marks and evaluation standards for SCs and STs during promotions. [1, 2, 3]
The Subsequent Demand for "Quantifiable Data"
While no scientific survey was done before passing the amendment, the lack of empirical backing led to a monumental legal challenge later:
The M. Nagaraj Case (2006): The validity of the 82nd Amendment (alongside the 77th, 81st, and 85th amendments) was challenged in the Supreme Court. [1, 2]
The Court's Caveat: The Supreme Court upheld the constitutional validity of the amendment but introduced a strict requirement. The bench ruled that these amendments are merely "enabling provisions". If a state government wants to implement these promotional relaxations or quotas, it must collect quantifiable data (empirical/scientific study) to prove:
The backwardness of the class.
The inadequacy of their representation in that specific government cadre.
That the relaxation will not completely compromise the overall efficiency of administration. [1, 2, 3, 4, 5]
The 82nd Amendment was passed due to intense socio-political pressure to reverse court orders, not a pre-existing scientific study. However, because of subsequent judicial rulings, any modern implementation of it requires empirical, survey-driven data collected by the state. [1, 2]
In summary, the 82nd Amendment itself was passed as a political and legislative tool to restore previous reservation benefits, not the result of a committee's scientific study. However, because of the Supreme Court's subsequent rulings, governments are now legally forced to conduct institutional, data-driven studies before they can actually apply the provisions enabled by it. [1, 2, 3]
No.36012/23/96-Estt.(Res.)Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated: the 3rd October, 2000
OFFICE MEMORANDUM
Subject: Reservation in promotion – Prescription of lower qualifying Marks/lesser standard of evaluation.
The undersigned is directed to refer to Department of Personnel & Training’s O.M.No.36012/23/96-Estt.(Res) dated 22nd July, 1997 vide which various instructions of the Government providing for lower qualifying marks/lesser standards of evaluation in matters of promotion for candidates belonging to the Scheduled Castes and Scheduled Tribes had been withdrawn, on the basis of the Supreme Court’s judgement in the case of S. Vinod Kumar Vs. Union of India.
2. The undersigned is further directed to say that the matter has been reviewed, consequent to which the following proviso to Article 335 has been incorporated in the Constitution by the Constitution (Eighty-Second Amendment) Act, 2000:
"Provided that nothing in this Article shall prevent in making of any provision in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State."
3. In pursuance of the enabling proviso of Article 335 of the Constitution, it has now been decided to restore, with immediate effect, the relaxations/concessions in matters of promotion for candidates belonging to SCs/STs by way of lower qualifying marks, lesser standards of evaluation that existed prior to 22.7.1997 and as contained in the instructions issued by the Department of Personnel and Training from time to time including OM No.8/12/69-Estt.(SCT) dated 23.12.1970, No.36021/10/76-Estt.(SCT) dated 21.1.1977 and para 6.3.2 of the DPC guidelines contained in Department of Personnel and Training’s O.M. No.22011/5/86-Estt.(D) dated 10.4.1989. In other words, the effect of these instructions would be that the Department of Personnel and Training’s OM No.36012/23/96-Estt.(Res) dated 22nd July, 1997 becomes inoperative from the date of issue of this OM.
4. These orders shall take effect in respect of selections to be made on or after the date of issue of this OM and selections finalised earlier shall not be disturbed.
5. All Ministries/Departments are requested to bring these instructions also to the notice of their Attached/Subordinate Offices and Autonomous Bodies Public Sector Undertakings under their control for compliance.
(J. Kumar)
Deputy Secretary to the Government of India
Tele No.3011797
To
1. All Ministries/Departments of the Government of India.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurance Division),New Delhi.
4. Department of Public Enterprises, New Delhi.
5. Railway Board.
6. Union Public Service Commission/Supreme Court of India/Election Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/President’s Secretariat/Prime Minister’s Office/Planning Commission.
7. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
8. Ministry of Social Justice & Empowerment, Shastri Bhavan, New Delhi.
9. National Commission for SCs & STs, Lok Nayak Bhawan, New Delhi.
10.National Commission for Backward Classes, Trikoot-I, Bhikaji Cama Place, R.K. Puram, New Delhi.
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