Let’s Not Live In A Fool’s Paradise But Address Chronic Deprivations In Real Earnest

It is, therefore, agonizing to see why SC, ST and OBC students are not being allowed to get into the seats of learning in private institutions through affirmative measures as stipulated in the Constitution of India

The 21st century is not the era for us to live in a fool’s paradise and stay blind to the harsh realities that persist across India.

Progress is undeniable but chronic and multifaceted deprivations including poverty, malnutrition, lack of quality education and healthcare, gender inequality and limited access to opportunities continue to afflict millions.

Not ironically, these issues are interwoven and cannot be resolved with superficial solutions or token gestures. It’s time for policymakers, institutions, and citizens alike to acknowledge the depth of the grave challenges we are faced with as a nation and commit to sustained, inclusive development that reaches every corner of the nation.

Only by facing the truth head-on can we hope to build a just and equitable society.

Therefore, I don’t see any merit to disagree with what Congress leader Rahul Gandhi said in Patna the other day, “In this country, if you are not from the upper caste, then you are a second-class citizen. I am saying this because I have observed and understood the system very deeply. We conducted a caste survey in Telangana and based on its results, we increased reservations. I myself have said in front of (Prime Minister) Narendra Modi that if the Centre does not end the wall of reservation, then we will break the 50 per cent limit.”

It is, thus, more than obvious that the Gandhi scion is referring to the idea of distribution of national resources, opportunities, facilities, privileges and responsibilities among all proportionate to their population.

The Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports, in its report titled ‘2025-26 Demands for Grants of the Department of Higher Education’, which was tabled in Parliament on March 26, said that as of 31 January, 28.56 per cent of the total sanctioned teaching faculty positions (18,940) across IITs, National Institutes of Technology (NITs), Indian Institutes of Management (IIMs), Indian Institutes of Science Education and Research (IISERs), central universities, and other higher education institutions were vacant.

The data further revealed that 17.97 per cent of the 11,298 assistant professor positions are vacant, 38.28 per cent of the 5,102 associate professor positions remain unfilled, and an alarming 56.18 per cent of the 2,540 professor positions are unoccupied.

As reported in the media widely, the report highlighted a substantial number of unfilled reserved faculty positions in central universities. Approximately, 1,521 out of 3,652 sanctioned positions for Other Backward Classes (OBCs) remain vacant; 788 out of 2,315 positions for Scheduled Castes (SCs) are unoccupied, and 472 out of 1,154 positions for Scheduled Tribes (STs) remain unfilled.

It also noted a significant shortage of reserved non-teaching staff in central universities. Of the 4,495 sanctioned positions for OBCs, 1,983 remain vacant. Likewise, 1,011 out of 2,013 positions for SCs remain unfilled, while 1,491 out of 3,409 positions for STs are unoccupied.

It is not a healthy situation at all at a time when SC, ST and OBC candidates are rarely allowed or recruited as general category candidates in Central government’s higher education institutions (HEIs).

One wonders why we have not been able to ensure an ideal situation where there is a zero backlog of vacancies meant for SCs, STs and OBCs in the public sector.

By not doing so, we only lend credence to what Rahul Gandhi said that people from weaker sections of society are treated as second-class citizens, implying that their privileges and rights are not being honoured as mandated in the Constitution.

This failure is not just a bureaucratic lapse but a reflection of deeper social apathy and institutional inertia. It inadvertently supports the criticism voiced by the Congress leader that members of marginalised communities continue to be treated as second-class citizens. When constitutional provisions meant to uplift the weaker sections are not honoured in letter and spirit, it undermines the very foundation of our democratic ethos.

Let me share some more details. Only five per cent of students enrolled in the top 30 private universities are SCs, according to the Parliamentary Standing Committee report.

The report also revealed that Birla Institute of Technology and Sciences, Pilani, had no students from the SC, ST and OBC categories. They have a negligible presence in enrolment and faculty figures in the private universities that found a place among the National Institutional Ranking Framework’s (NIRF) top 100 overall university rankings. Less than one per cent of students in these universities are from ST, while only 24 per cent are from OBC. Overall, only four per cent of the faculty in the 30 private universities are SCs.

It is, therefore, agonizing to see why SC, ST and OBC students are not being allowed to get into the seats of learning in private institutions through affirmative measures as stipulated in the Constitution of India.

The Constitution (93rd Amendment) Act, 2005 came into effect on January 20, 2006. This amendment introduced Article 15(5) in the Constitution. “Nothing in this Article or Sub-Clause (g) of Clause (1) of Article 19 shall prevent any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30,” the Article reads.

The Central Educational Institutions (Reservations in Admission) Act, 2006 was passed in Parliament. Quota for SCs, STs, and OBCs in central educational institutions was introduced with effect from January 3, 2007. When the legislation was challenged in the Supreme Court - Ashoka Kumar Thakur versus Union of India - on April 10, 2008, the apex court by a 2-0 margin held Article 15(5) as constitutionally valid only for state-run and state-aided institutions and reservations in private unaided institutions left open to be decided in the appropriate course.

However, in the Indian Medical Association versus Union of India case, the Supreme Court in a 2-0 verdict on May 12, 2011 held that Article 15(5) is applicable for private unaided non-minority educational institutions.

For the first time, in the Pramati Educational and Cultural Trust versus Union of India case, on January 29, 2014, the top court in a 5-0 verdict upheld Article 15(5) explicitly and left no room for any ambiguity that reservation for SCs, STs, and socially and educationally backward classes of citizens in private educational institutions is constitutionally permissible.

Policy makers need to know that affirmative tools are for inclusion, dignity, and historical correction. As a nation, we must treat this issue not as a routine administrative problem but as a national priority that demands urgent and sustained action to ensure equity, representation, and justice for all citizens.

(The writer is a senior journalist, author and columnist. The views expressed are strictly his personal)