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Subject: Social empowerment

  • Civil Service candidates await Centre’s word on foundation course amid case in top court

    Why in the News

    The Centre has asked the Supreme Court for permission to let the Department of Personnel and Training (DoPT) allocate services to the 2025 Civil Services Examination recommendees without implementing the Rohith Nathan judgment. That judgment, delivered on 11 March, found that the DoPT was excluding certain Other Backward Classes (OBC) candidates from reservation by treating them as creamy layer on the basis of their parents’ salary income alone. The Court directed corrective measures within six months. The examination results had been declared on 6 March, days before the ruling, which places one entire recruitment cycle across the line the judgment drew. The 958 candidates recommended in that cycle now have no service allocation and no foundation course date.

    What is the creamy layer income test?

    1. Where it comes from: The DoPT Office Memorandum of 8 September 1993 operationalised the Supreme Court’s direction in Indra Sawhney (1992) to exclude the socially advanced sections within a backward class.
    2. How it is structured: The Memorandum sets out a Schedule of six categories. The first five exclude a candidate by the status of the parent regardless of income, covering constitutional posts, service grades, armed forces ranks, professions and trade, and property ownership.
    3. The sixth category is residual: It applies an income and wealth test to everyone the first five do not catch, using gross annual family income above the ceiling for three consecutive years.
    4. What the income test leaves out: Salary income and agricultural income are excluded from that calculation. Only income from property, business, capital gains and similar sources is counted, and the ceiling has stood at Rs 8 lakh since 2017.

    What did the Rohith Nathan judgment find, and what did it direct?

    1. The finding: A Division Bench held that the DoPT was treating equals unequally, since the single variable separating two otherwise identical candidates was the parent’s employer.
    2. How the discrimination worked: A child of a government clerk was tested without salary income and passed. A child of a public sector or private employee on the same pay was tested with salary income counted and failed.
    3. What the Court held on the test itself: The income and wealth component is a residual filter, not the primary basis for exclusion. It must apply the same way to all until the government establishes equivalence between public sector posts and government grades.
    4. The direction: The Centre was to create supernumerary posts for the petitioners within six months, with services allotted according to the candidates’ ranks in their respective examination years.

    Why is the service allocation stalled?

    1. The Centre has asked to be excused from the ruling for this cycle: Its application seeks permission for the DoPT to allocate services without implementing the judgment.
    2. The cycle straddles the ruling: Results were declared on 6 March and the judgment came on 11 March, so allocation for this batch would be the first application of whichever reading the Court settles on.
    3. Nothing moves until the hearing: The Supreme Court is set to hear the Centre on 17 September, and the allocation question is what that hearing turns on.

    What are the 958 recommendees facing?

    1. The course has not begun: The foundation course was expected to begin in August and has not started.
    2. The schedule lapsed without a replacement: A tentative start date of 24 August was circulated, and nothing has been communicated since the matter came before the Court.
    3. No communication has reached the candidates: Recommended candidates report receiving nothing from the DoPT or from the academy about when the course will start.
    4. Neither official channel has been updated: No updates on the next steps have appeared on the DoPT website or on the website of the training academy.

    Challenges to the creamy layer determination

    1. The equivalence of posts was never established: The 1993 Schedule made the rank test for public sector and private employees conditional on an equivalence with government grades that has not been drawn up in three decades. Eg. Reservation policy is the Ministry of Social Justice and Empowerment’s subject under the Allocation of Business Rules, and the DoPT can only issue instructions once that Ministry frames the policy.
      The Fix: Notify a post-equivalence table so the rank-based categories apply uniformly whoever the employer is, which removes the need for the income test in these cases altogether.
    2. The income ceiling moves by discretion rather than by indexation: With no formula, the threshold stays static through years of inflation and then jumps, so the excluded population changes for reasons unrelated to backwardness. Eg. The ceiling went from Rs 1 lakh to Rs 8 lakh in five irregular steps over 24 years.
      The Fix: Tie the ceiling to a published price or wage index with automatic annual revision.
    3. Verification rests on self-declaration: Certificates are issued on a declaration checked by local revenue staff, so a defect surfaces only when the appointment is scrutinised. Eg. Recruitment bodies cancel candidatures years after selection over defective certificates.
      The Fix: Validate income declarations against tax and land records at the point the certificate is issued rather than at the point of appointment.
    4. No data exists on who actually captures the benefit: Without caste-wise data on selections and appointments, the claim that a small number of families corner reserved posts cannot be tested either way. Eg. The Rohini Commission on sub-categorisation of Other Backward Classes worked without a comprehensive survey of selections.
      The Fix: Publish caste-wise selection and appointment data against reserved posts as a standing annual return.
    5. Central and State lists diverge: A community recognised as backward by a State is often absent from the Central list, and the same test is administered differently across the two. Eg. Candidates holding State OBC certificates have been denied central reservation.
      The Fix: Publish a mapped concordance between the Central list and each State list, so a candidate can see which list governs a given post.

    Conclusion

    The dispute is no longer about whether the exclusion was wrong, since that has been decided. It is about who absorbs the cost of correcting it, and both available answers create a fresh set of claimants. A recruitment cycle cannot be held open indefinitely, and a batch allotted on a reading the Court has already rejected moves the litigation one year forward rather than ending it. The hearing later this month is where that choice is made, and the marker is whether the Court permits an interim allotment or holds the executive to the timetable it set.

    Back2Basics

    1. What it is: The Lal Bahadur Shastri National Academy of Administration is the central training institution for the Indian Administrative Service.
    2. Where it is: It is located at Mussoorie in Uttarakhand.
    3. What the foundation course is: The Academy runs the common Foundation Course taken by fresh recruits to the All India Services and the Central Civil Services before they move to their own service academies.
    4. Who administers it: It functions under the Department of Personnel and Training, and was formed in 1959 by merging the earlier IAS Training School at Delhi and the IAS Staff College at Shimla.

    Matching Previous Year Question

    “[2024, GS1, 15 marks] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.”

  • How JNU’s admission model gives marginalised students a leg-up

    Why in the News

    A division bench of the Delhi High Court has allowed Jawaharlal Nehru University to continue applying its “deprivation points” model in admissions, subject to the final outcome of the challenge to it. That challenge was brought by an aspirant to a postgraduate course at the university, and the substantive plea is still being heard by a single judge. The model, in place in some form since the 1970s, awards additional points on the entrance test score to candidates from backward districts, to women and transgender applicants, and to Kashmiri migrants. What is contested is whether adding measured points for regional and structural disadvantage produces a truer ranking of ability, or whether it displaces the entrance test as the basis of selection.

    What is the deprivation points model?

    1. A weighting added to the entrance score: Applicants to undergraduate and postgraduate courses can be awarded a maximum of 12 deprivation points, which are added to the entrance test score before final merit is determined.
    2. It targets disadvantage the reservation categories do not capture: The points are directed at candidates from backward regions, at women and transgender persons, and at displaced groups, cutting across social category.
    3. It is unique to one university: No other institution in the country operates a comparable points based deprivation weighting in admissions.
    4. Its age is part of its standing: The model has been part of the university’s admissions process in some form since the 1970s.

    How are the points calculated?

    1. The district of origin is the first determinant: Districts are classified for the current admissions cycle into Quartile 1, meaning backward, and Quartile 2, meaning relatively less backward.
    2. Four Census indicators fix the quartile: The classification uses the percentage of female illiteracy, the percentage of agricultural workers, the percentage of rural population, and the percentage of households with no toilet within the premises.
    3. Undergraduate weighting: A candidate gets six points for a Quartile 1 district and four points for a Quartile 2 district.
    4. Postgraduate weighting: The corresponding figures are three points and two points respectively.
    5. Kashmiri migrants: The system provides five deprivation points to Kashmiri migrant candidates.
    6. Female and transgender candidates, higher band: They receive seven points where they fall within categories including Scheduled Caste, Scheduled Tribe, Other Backward Classes, Person with Disability, Quartile 1 or Quartile 2.
    7. Female and transgender candidates, base band: They receive five points where they are from the unreserved category and do not fall in either district quartile.
    8. Which programmes it covers: Points are awarded for undergraduate, postgraduate, certificate of proficiency and advanced diploma of proficiency programmes, and doctoral programmes were excluded in 2017 after the university adopted the 2016 University Grants Commission admission guidelines.

    How has the system changed over time?

    1. The parameters have never been fixed: Both the number of points and the criteria used to identify deprivation have been revised repeatedly over the decades.
    2. It was withdrawn once and brought back: The system was withdrawn in 1984 and restored from 1995-96 after pressure from the students’ union, in a modified form.
    3. Research degrees were carved out in 2017: Deprivation points were discontinued for Master of Philosophy and doctoral admissions. They were retained for undergraduate and postgraduate admissions.
    4. Controversy has tracked it throughout: The model has drawn objection at intervals since its introduction, of which the present writ challenge is the latest instance.

    Why was the system put in place?

    1. To stop the university selecting for prior advantage: It was introduced so that the university did not merely draw students who had already benefited from greater educational opportunities.
    2. The founding mandate was national, not local: The university was created by an Act of Parliament and was not established for Delhi alone, so it was expected to draw talent from across the country.
    3. Test scores are an incomplete measure of merit: Academic performance alone cannot be treated as a complete measure of merit when candidates come from vastly different social, economic and regional circumstances.
    4. It equalises the conditions of competition: Districts were grouped by objective indicators of development, with candidates from more deprived regions receiving additional weightage, so that the comparison between candidates is made on more comparable terms.

    Does adding points to an entrance score redefine merit or dilute it?

    1. The innovation is that it is not category based: The model turns on the structural deprivation and inequalities that shape educational opportunity, rather than on the social category a candidate belongs to.
    2. It reaches disadvantage that reservation does not: A quota operates on identity, so it cannot distinguish between a candidate from a metropolitan school and one from a district with high female illiteracy and no household sanitation.
    3. Geography carries socio historical marginalisation: Any understanding of merit becomes more complicated once region and location are recognised as determinants of the opportunity a candidate had.
    4. The counter case is procedural, not ideological: The challenge before the Delhi High Court does not dispute that regional disadvantage exists, it questions whether an award of up to 12 points on an entrance score is a proportionate way to correct for it.

    What does cross country evidence show about targeted admission measures?

    1. The practice is widespread but not universal: Around one third of the world’s countries use affirmative action or targeted quotas to improve educational access, according to the 2026 Global Education Monitoring Report of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
    2. Geography is an accepted basis elsewhere too: Those measures include quotas and weightings based on geographic or development indicators, not only on social identity.
    3. Five countries are named as showing results: The report records that India, Brazil, China, Israel and Sri Lanka have seen increased enrolment among under represented groups because of targeted measures.
    4. The evidence establishes direction, not design: The report speaks to enrolment outcomes at the national level, so it supports the case for targeting without settling how many points a specific indicator should carry.

    Challenges to the deprivation points model

    1. District level indicators miss intra district inequality: A quartile score attaches to a whole district, so an affluent urban household inside a backward district collects the same points as a landless household in the same district. Eg. Backward districts routinely contain a district headquarters town with private schooling of metropolitan standard. Fix. Compute the weighting from the candidate’s school and block of study rather than from the district of domicile alone.
    2. The indicator set is anchored to ageing Census data: Female illiteracy, agricultural worker share, rural population share and household sanitation are drawn from Census figures that predate a decade of change in each. Eg. Household sanitation coverage changed substantially across districts after the national sanitation mission, which the underlying figures do not reflect. Fix. Recompute district quartiles against the Census 2027 returns and fix a mandatory revision cycle thereafter.
    3. Domicile is provable and therefore gameable: Points that depend on the district of origin create an incentive to establish a domicile record in a Quartile 1 district. Eg. Domicile and residence certificates for educational benefit have been a recurring subject of litigation in State admissions. Fix. Verify the district claim against the school of last attendance rather than against a residence certificate.
    4. Additive points interact unpredictably with statutory quotas: A candidate can hold both a reserved category seat entitlement and a high deprivation score, which compounds two corrections applied for overlapping reasons. Eg. A Scheduled Caste woman from a Quartile 1 district draws the maximum deprivation band on top of category reservation. Fix. Publish the category wise cut off effect of the points each cycle, so the combined weighting is visible and can be calibrated.
    5. Admission support is not the same as completion support: Points widen entry, but the language, foundational and financial gaps that follow entry are not addressed by the admission formula. Eg. Dropout and completion gaps for first generation entrants persist even in institutions with strong entry side affirmative action. Fix. Attach a funded bridge programme and mentorship entitlement to every candidate admitted on deprivation points.
    6. The scheme rests on university policy, not on statute: Because the model is an executive decision of the academic council, it can be withdrawn or curtailed without any legislative process. Eg. It was withdrawn in 1984 and restored only after sustained student mobilisation. Fix. Embed the deprivation weighting in the university’s statutes so that any change requires approval by the university’s statutory bodies and the visitor.

    Conclusion

    The model’s real claim is not that it helps disadvantaged candidates, which any quota does, but that it measures disadvantage on indicators that a category based quota cannot see, and applies the correction as a graded score rather than a reserved seat. Its weakness is the same as its strength, since a weighting anchored to district averages and dated indicators will always be blunt at the level of the individual candidate. The Delhi High Court has left the system operating for now, and the substantive question of whether a 12 point addition to an entrance score is a proportionate correction is still before a single judge.

    Affirmative action in Indian higher education

    1. What it covers: Affirmative action in admissions operates through reserved seats, relaxed qualifying marks and, in a small number of institutions, additional weightage on entrance scores.
    2. The statutory reservation in central institutions: Central educational institutions reserve 15 per cent of seats for Scheduled Castes, 7.5 per cent for Scheduled Tribes, 27 per cent for Other Backward Classes excluding the creamy layer, and 10 per cent for the Economically Weaker Sections.
    3. The access problem it addresses: The Gross Enrolment Ratio in higher education stands at about 28.4 per cent, well short of the National Education Policy 2020 target of 50 per cent by 2035.
    4. The scale of the system: India runs the world’s second largest higher education system, with total enrolment of roughly 4.65 crore students across more than 1,168 universities and 45,473 colleges.

    Constitutional framework governing affirmative action in education

    1. Article 15(4): Enables the state to make special provision for the advancement of socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes.
    2. Article 15(5): Enables reservation in admission to educational institutions, including private unaided institutions, other than minority institutions.
    3. Article 15(6): Enables reservation of up to 10 per cent of seats for the Economically Weaker Sections among citizens not covered by the earlier clauses.
    4. Article 29(2): Bars denial of admission to any state maintained or state aided educational institution on grounds only of religion, race, caste, language or any of them.
    5. Article 46: Directs the state to promote with special care the educational and economic interests of the weaker sections, in particular the Scheduled Castes and Scheduled Tribes.
    6. Article 21A: Guarantees free and compulsory education to all children between six and fourteen years, which is the foundation stage the higher education gaps trace back to.

    Laws and rules governing reservation in educational institutions

    1. Central Educational Institutions (Reservation in Admission) Act, 2006: Prescribes the category wise reservation of seats in central educational institutions and provides for annual increases in intake so that unreserved seats are not reduced.
    2. Constitution (One Hundred and Third Amendment) Act, 2019: Inserted Articles 15(6) and 16(6) to create the Economically Weaker Sections reservation in education and public employment.
    3. Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019: Restores the institution as the unit for computing teaching post reservation, in place of the department wise roster.
    4. Right of Children to Free and Compulsory Education Act, 2009: Requires private unaided schools to reserve at least 25 per cent of entry level seats for children from disadvantaged groups and weaker sections.
    5. University Grants Commission Act, 1956: Establishes the Commission with power to determine and maintain standards in higher education. The Commission issues admission guidelines binding on universities under that power.

    Government initiatives for educational access of disadvantaged groups

    1. PM Young Achievers Scholarship Award Scheme for Vibrant India: Provides scholarships to students from Other Backward Classes, Economically Backward Classes and De notified Tribes for schooling and higher education.
    2. National Fellowship for Scheduled Caste Students: Funds Master of Philosophy and doctoral research by Scheduled Caste scholars in recognised universities and institutions.
    3. National Overseas Scholarship: Funds postgraduate and doctoral study abroad for Scheduled Caste, De notified Tribe, landless agricultural labourer and traditional artisan candidates.
    4. Ishan Uday: A special scholarship scheme of the University Grants Commission for students from the North Eastern region pursuing general degree and technical courses.
    5. Pradhan Mantri Uchchatar Shiksha Protsahan Yojana: Provides central sector scholarships to meritorious students from low income families for undergraduate and postgraduate study.

    Back2Basics: Jawaharlal Nehru University

    1. What it is: A central university funded through the University Grants Commission and administered under the Ministry of Education, with the President of India as its visitor.
    2. Its academic character: It is organised around schools and centres rather than conventional departments, and is oriented predominantly towards postgraduate and research programmes.

    Matching Previous Year Question

    “[2024, GS1, 15 marks] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.”

  • Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.

    The Constitution envisages substantive equality to correct historical injustices faced by vulnerable groups. However, despite being the 4th largest economy, India’s ranking in HDI, 2025 was 130th out of 193 countries.

    Policies for equity and social justice

    Constitutional provisionsArticles 14, 15(4), 15(5), 16(4), 17, 46

    Reservations in education, public employment, and political representation

    Protective legislation – SC/ST (Prevention of Atrocities) Act

    Targeted welfare schemes

    Sarva Shiksha Abhiyan

    MGNREGA

    Ayushman Bharat

    PM-JANMAN (for PVTGs)

    SHRESHTA (high-quality residential education for SCs).

    Institutional mechanisms – National Commissions for SCs, STs, OBCs

    UGC Equity Regulations 2026, which mandate anti-discrimination cells in all universities.

    Reasons behind underprivileged sections not getting benefits of affirmative action

    Political factors

    Politicization of affirmative action policies hinders adaptability to changing needs. Eg- high income limit for creamy layer

    Proxy representation – Eg- Sarpanch Pati phenomenon in panchayats

    Short termism and political populism rather than focusing on “empowerment.” Eg- loan waivers, ladli behna etc reduce public investment in health, education etc

    Social factors

    Social Stratification- Caste-based discrimination prevents upward mobility for the marginalized. Eg- 96% manual scavengers are Dalits

    Population Pressure (1.35 billion) strains public infrastructure, housing, and the job market.

    Elite Capture within Beneficiary Groups – Eg- Advanced sections among SCs dominating reserved seats (“class within caste”)

    Regional disparity – Eg- BIMARU states lag behind southern states in human development indicators

    Low Social Capital and Networks – Lack of mentoring and peer support for marginalised students leading to social isolation. Eg- Rohith Vemula

    Glass ceiling effect for women – discrimination and low representation at higher positions

    Economic factors

    Shrinking Public Sector – Eg- Over 90% workforce outside formal government employment where reservation is absent

    Intergenerational Poverty limits health, education outcomes and employment productivity. Eg- stunting and wasting rates among ST children is ~10-15% higher than the national average.

    Economic Inequality – richest 1% control more than 40% of total wealth, while the bottom 50% own merely 3% (Oxfam Report)

    Administrative factors

    Leakages and corruption –

    Inclusion-exclusion errors in PDS (Shanta Kumar committee)

    Ghost beneficiaries in Ayushman Bharat identified by CAG

    Lack of last mile reach due to security issues like naxalism, insurgency etc.

    Poor Social Infrastructure

    Healthcare – low public spending (2.1% of GDP) and high out of pocket expenditure (40%)

    Education – low public investment (2.9% of GDP) lead to “quality crisis” and high dropout rates at secondary and higher levels

    Skill Gap – only about 51.25% of youth are employable.

    Way Forward

    Outcome-Oriented Design – Eg- Aspirational district program

    Better targeting

    Subcategorization within SCs (Davinder Singh case)

    Multi-dimensional Deprivation Index (MDI) for EWS and OBC categories

    Capability Approach- increase expenditure on Health (2.5% of GDP) and Education (6% of GDP)

    Women Empowerment by adopting best practices like Kerala’s Kudumbshree Model

    Focus on Gender-Caste Intersectionality to address the “double burden” of women from underprivileged sections.

    There is need for whole of government and life-cycle approach to realise the vision of Viksit Bharat@2047