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1. Acknowledge Acknowledgement ment …………………………………… ………………………………………... …...... ... 2 2. Declar Declarati ation on ……… ……………… ………………… ………………… ………………… ………………. ……... 3 3. Scope Scope of Study Study …………………… …………………………… ………………… ………………. …….... ..... 4 4. Obj Object ectie ie!! ……… ……………… ………………… ………………… ………………… ………………. …….... ..... 4 ". #e!ear #e!earc$ c$ %et$odol %et$odology ogy ………………… …………………………… ………………… ………... ... 4 &. 'ntrod 'ntroducti uction on …………………… …………………………… ………………… ………………. ……... .. " ( & ). A Surey Surey of t$e #e!eration! #e!eration! *olicy *olicy …………………... …………………... & + , -. Accounting Accounting for Succe!! …………………………………… …………………………………….. .. 1 ,. Admini!tra Admini!tratie tie Deficiencie! Deficiencie! ……………………………1 ……………………………11 1 + 12 1. /ae #e!eration! 0orked 0orked ……………………........ 13 ( 14 11. Are #e!eration! noug$ ………………………..…. 14 ( 1" 12. 0$at an be Done ………………………………….. 1" + 1& 13. onclu!ion ………………………………………….…. 1) + 114. ibliograp$y and 0e 0ebliograp$y………….…….……. bliograp$y………….…….……. 1, ( 2
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I, Jay Kothari take genuine pride and pleasure in presenting this project with the grace of the almighty to Mrs. Alka Mehta. I would first of all like to express my most sincere gratitude to Mrs. Alka Mehta for her paramount support and encouragement. I am thankful for being gien the honour of making this project on !"eserations for #$uality % "eality or Myth&' I am thankful to the library staff and committee members for all the coneniences which played a major role in the completion of this project. I would like to thank my family for their perpetual support and encouragement. I would also like l ike to thank my friends fr iends for their support and adice. (ast but the most important, I would like to thank )od for keeping me in good health and senses to complete this project. I am thankful to my seniors for all their boundless support, support, encouragement encouragement and aluable aluable adice adice wheneer wheneer needed. I present present this project with a humble heart.
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I, Jay Kothari, -ereby declare that, the project work titled !"eserations for #$uality % "eality or Myth&' submitted to -..(./., "aipur is record of an original work done by me under the able guidance of Mrs. Alka Mehta, 0aculty Member, -..(./., "aipur.
1 Jay Kothari +emester % I 2.A. ((.2. *-ons. "oll no. % 34
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5he scope of my study includes the nature of reserations, their implementation to bring e$uality between citi6ens of a country and the myths and realities associated with reserations. 5he project also concentrates on the ideology behind reserations and their ground leel implementation with special attention to the effects of such proisions.
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5he basic objecties of this project are 71 8. 9. 4. :.
5o study the ideology behind reserations. 5o study the nature of reserations. 5o study the impact of reserations in India. 5o get a deep insight into the realities and myths of reserations.
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5he project work is descriptie and analytical in nature, It is a critical ealuation of what reserations are, what was thought to be their outcome and what the reality is. It is largely based on arious sorts of reserations that we hae and what their impact is. 5he primary sources that proed to be helpful for the completion are books and the internet.
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"eseration in India is the process of setting aside a certain percentage of seats for members of the backward and under1represented communities. "eseration is a form of $uota1based affirmatie action. It is goerned by constitutional laws, statutory laws and local rules and regulations. +cheduled ;astes *+.;., +cheduled 5ribes *+.5. and 9 the ;onstitution specified 8?@ and .?@ of acancies in public sector and goernment1aided educational institutions as a $uota resered for the +; and +5 candidates respectiely for a period of fie years, after which the $uota system would be reiewed. 5his period was routinely extended by the succeeding goernments. 5he +upreme ;ourt ruled that reserations could not exceed ?B@ *which it judged would iolate e$ual access guaranteed by the ;onstitution and put a cap on reserations. 5he reseration system has receied a mixed response from Indians since its inception. It has been praised for diminishing the gap between the upper and the lower castes by allowing the latter to enjoy the further increased opportunities as the former in jobs, education and goernance by allotting seats exclusiely for them. It has also been criticised for discouraging a merit1based system and encouraging ote bank politics.
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As Marc )alanter has obsered, goernment employment in India is widely considered prestigious and a guarantor of security and adancement 8 . )oernment jobs still account for majority of the jobs in the economyCs organised sector. 5able 8 illustrates that despite serious attempts at liberalisation beginning in 8==8, the public sector continues to dominate the Indian economy and sere as the main source of employment. As a result, reserations in the coeted area of goernment serices take on increased salience.
Source: +tatistical Abstract, India, 9BBB, pg. 934
5able 9 summarises representation of +;Cs in the four classes of ;entral )oernment +erices from 8=?= % 8==?.
5able 2. *ercentage of S mployee! in entral :oernment Serice!
1 Marc )alanter, ;ompeting #$ualities 7 (aw and the 2ackward ;lasses in India,. Delhi 7
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Source: ational ;ommission for +cheduled ;astes and +cheduled 5ribes, +eenth "eport. It is clear that there has been a general rise in +; representation in all four categories of employment in central serices across time. 5he +; presence in ;lass % I, for instance, has increased by ten1fold, from 8.8> per cent in 8=?= to 8B.89 per cent in 8==?. 5he ;lass % II figures show an upward trend from 9.4> per cent in 8=?= to 89.3 per cent in 8==?. 5he lowest class, which initially had more +; employees in 8=?= than any of the other classes had in 8==?, had had a slower rate of increase. Fhile these are all good indications that reserations are working, it is difficult to ignore certain realities that detract from this success. +; representation in the ;lasses I and II, after oer ?B years, still fall short of the reserations $uota of 8? per cent for +;Cs while the less1 prestigious and lower paid ;lass III and IG jobs are amply filled. #en prior to 8=B, when $uotas were set at 89.? per cent, only class IG met the $uota of places allotted to +;Cs. -oweer, because reserations apply to only current appointments and the aerage serice career is around 4B years, it is a time consuming process for the percentage of posts held to e$ual the percentage of positions resered. 5he steep increase in ;lass I and II positions since the 8=3BCs suggests that the percentage of new +; recruits is nearing the +; reserations $uota. Another factor undercutting the reserations is the prealence of false caste certification. on1+;Cs, whether out of opportunism or desperation, hae been known to pose as +;Cs in order to take adantage of resered goernment jobs in addition to another benefits afforded to +;Cs, such as relaxation of maximum age limits, and waiing of ciil serices exams and fees.
D=A5'O8 #ducation has long been identified as key to achieing the adancement of the +;Cs. In line with Article 8?*: of the ;onstitution, which empowers the state to make special proisions
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for the educational deelopment of +;Cs, the Indian goernment currently allows the reseration of 8? per cent of seats for +;Cs in uniersities and colleges. 5his policy coers enrolment in arious undergraduate and graduate courses of general, technical, medical and other professional education. "eserations can also extend to the allotment of places in dormitories. +tate goernments obsere different rates of obseration, based on the si6e of their +; populations. Along with these measures, the central and state goernments hae also instituted scholarshipHstipend programs, as well as initiaties to furnish +;Cs with special tutoring, books, mid1day meals, stationary and uniforms. colleges4. 5he /); has routinely published guidelines to encourage and aid state goernments in filling reseration $uotas entirely. Despite these special concessions, enrolment statistics for the undergraduate, post1graduate, technical and professional courses indicate that the +; are still under1represented, with only 84.4 per cent enrolment *5able 4. 5his falls short of both the instructed reseration of 8? per cent of seats as well as the proportion of +;Cs to the total population. -oweer it should be noted that the percentage of +;Cs in courses of higher education hae almost doubled since 8=>.
5able 3. nrolment in =ndergraduate? *o!t(:raduate? 5ec$nical and *rofe!!ional our!e!
2 ational ;ommission for +cheduled ;astes and +cheduled 5ribes, Annual "eport7 8==41 =:, 8>199p. 3 ational ;ommission for +cheduled ;astes and +cheduled 5ribes, Annual "eport7 8==31= 8==1=>, >1=p.
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A surey of +; admission to central uniersities *5able : backs this finding. Among the institutions examined, only Giswa 2harati in Fest 2engal clearly met the 8? per cent $uota, with 8.3 per cent of those enrolled in the non1professional school from the +cheduled ;astes. 5able 4. Admi!!ion of S@! to entral =nier!itie! in 1,,&(,)
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5he reserations policy has not been entirely successful in significantly improing the conditions of the +;Cs. As a perusal of any report from the ational ;ommission on +;Cs and +5Cs will reeal, the Indian goernment, from central to local leels, has often displayed a lackadaisical attitude in administering reserations policy. At the same time, +; interests often take a back seat on the political agenda. 5he reserations policy has eoled into a bureaucratic structure with major inefficiencies. Fith the fading of the congress partyCs dominance, the Indian political scene has witnessed the flowering of many new parties and the intensification of party competition. As the population of +;Cs increases faster than the rate of growth of the general population, political parties hae realised the electoral potential of this group and hae sought to use reserations as a way of garnering otes. ;hristophe Jaffrelot has argued that the congress party in its heyday, used such a strategy, !bargaining and extending its patronage in exchange for electoral support.' -oweer, once in office, politicians lose their incentie to see that reserations are implemented effectiely. Another reason for the failure of reserations is that Dalits hae failed to unite as an All1India political force. 5hough there hae been Dalit political success stories, such as the rise to power of the 2ahujan +amaj Earty in /ttar Eradesh, these achieements hae been restricted to certain regions. Dalits hae been plagued by internal rialries, including their own caste
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hierarchy. A politically influential Dalit national moement is yet to emerge. ;onse$uently they hae not been able to lobby effectiely for the efficient implementation of the reserations policy. Dalit politicians who are elected to resered seats in legislatie bodies like the (ok +abha hae also been known to be the serants of their party rather than representaties of their +; constituents. 0urthermore, the general politici6ation of reserations has contributed to Dalit disunity, sparking disputes oer the distribution of benefits.
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A FLAWED AND CUMBERSOME SYSTEM: THE ISSUE OF FALSE CERTIFICATES Any consideration of reserations as a form of social engineering to redress the grieances of a minority must touch on the mechanics of the system. It is a system that has grown enormously since its origins in the 8=4BCs and reaches into all leels of Indian politics, education and goernment employment, including the substantial number of goernment undertakings. 5he cornerstone of the system is the official list, or schedule, which gies the !+cheduled ;astes' their name. <ertime a large body of administratie bodies, forms and case law has come into being to guide the reseration process. 5here are for example a pro forma for sending proposal for reseration of acancies and grouping of isolated posts for purposes of orders regarding reseration. -oweer, the most important form is the certificate that eery +cheduled ;aste member must hae to apply for resered employment, educational benefits, holding resered legislatie seats at any leel, or receiing !benefits under arious deelopmental programmes meant for members of +cheduled ;astes and +cheduled 5ribes.' Ineitably the issuing of certificates has become a source of corruption. Jobs, +chooling, )rant money, and een some share of political power % perhaps a seat on a illage or a municipal council % are at stake.
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A +urey of the manifesto of the major political parties in the late 8==BCs indicates that nearly all groups address the issue of reserations. 0urthermore, adapting a pro1reserations stance is often the course of action, since, as the policy expands, opposing the reserations is considered !electoral suicide.' In 8==3 for example, four major parties % ;<)"#++, JAA5A DA(, ;EI*M and 2JE % endorsed reserations. Fhile the 2JE, Janata Dal and ;EI*M supported reserations for backward classes, the ;ongress party een proposed to extend reseration to women in the (ok +abha :. 5his is not a new deelopment in Indian Eolitical +cience, As ;hristophe Jaffrelot argues in his book India! Si"en# Re$o"u#ion: T%e ri!e o& #%e Lo' Ca!#e! in Nor#% Indian (o"i#ic!) 5he ;ongress party had long been aware of the significance of the +; ote as well as the electoral potential of the reserations system.
4 !Eolicies of Eolitical Earties based on their #lection manifesto 8==3,' http7HHmeade.nic.inHelectionHcmpare.htm Accessed August , 9B8:
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/A> #S#>A5'O8S 0O#9D +uccess of reserations policy will be measured by results % -ow Dalits fare in the Indian +ociety. A precursor example was the selection of K.".arayanan, a Dalit as IndiaCs president in 8==. -is distinguished career has included 5IM# as a journalist, heading a uniersity, and serice as ambassador to the /nited +tates. Dalit political actiism is another indicator of change. Fell orchestrated protests at the 9BB8 /nited ations conference on racism in Durban, (iely internet sites of Dalit adocacy groups, and most of all, growing inolement in political life show that increasing numbers of Dalits are making their presence felt. 5he emergence of well educated, articulated and middle class raises the $uestion of what was responsible for such progress. In the case of Dr. Ambedkar, a maharaja stepped in to help at a critical juncture in his education. 0or those following his footsteps, the maharaja may be the reserations policy. ;riticised, with justification, for inefficiency, the network of reserations in its half century of existence has contributed to Dalit opportunity. study found that Dalit educational achieement for younger age groups in illages in "ajasthan and Madhya Eradesh had surged to the point that it was irtually the same as for /pper ;astes 3.
5 !(itercay "ate7 India', ;ensus of India, http7HHwww.censusindia.netHresultsHproindia4.html, Accessed August , 9B8: 6 Anirudh Krishna, !Fhat is -appening to ;aste& A iew from some orth Indian Gillages'
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Fhat is harder to pinpoint is how much improement can be credited to reserations and how much might hae occurred without them as a result of general goernment deelopmental policies and economic growth. Dalits are in no mood to find this out.
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"eserations will continue to play a useful role but will likely be a diminishing part of the solution of Dalit problems. 5here are major flaws. "eserations apply to the public sector but not the priate sector, the probable growth area of the Indian economy. 5hen there are tens of millions of Dalits liing in rural areas and not part of the !organi6ed' economy. It is often a difficult life. In 8=3, +hankar "ao Mane, the then ;ommissioner for +cheduled ;astes and +cheduled 5ribes, wrote the following appraisal7
5he hard fact of our social life is that the +cheduled ;astes are fighting alone. -ouses in ;aste -indus localities are not aailable to them on rent een in urban areas drinking water wells are generally not open to them, the serices of priests, barbers and washermen are still denied to them in seeral parts of the country and they are paid nominal wages for hard labour in the fields. And, when they try to assert their rights to use common serices or demand proper wages, they are subjected to inhuman atrocities, abuses, assaults, social boycott, loot, arson, murder and what not. 5hey are branded with red hot iron. #en their women are not spared. +till they struggle . (et the +cheduled ;astes be assured that in their struggle they are not alone. 5hat the enlightened among the Indians are with them not only with words of sympathy but with concrete action. "eporting by Indian and foreign human rights groups and goernments indicates that
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problems of this kind remain in many parts of India despite the ;onstitution, laws, and the desire of a great many Indians for an end to mistreatment of Dalits.
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5he reserations system would benefit markedly from an administratie face1lift. As recommended by the ;ommission for +cheduled ;astes and +cheduled 5ribes, a comprehensie act, articulating the policy, is needed. 5he reision and streamlining of procedures, such as +; certification, might help curb abuse. In addition, social programs such as those directed at improing the education system, especially at the primary leel and in rural areas, should be gien more emphasis.
"eform will depend heaily on the political will of goernment leaders and dominant political parties as well as the ability of the Dalits to mobili6e successfully. A source of optimism is the success of the 2ahujan +amaj Earty in the 0ebruary 9BBB assembly elections in /ttar Eradesh. 5he party won = out of :B4 seats in the state legislature with the support of a wide range of communities . <er the longer term, other forces might be in the +;Cs faour. In addition to stressing the importance of education, businessman1turned1journalist )urcharan Das sees the growth of capitalism as a key to breaking down caste prejudice and raising the +;s. Eointing out that !;aste does not perade modern economic life in the way that it structures rural social life,' he predicts that the growth of the priate sector and the middle class will erode the old Indian hierarchy>. Acknowledging democracyCs role in improing the lot of Dalits in the twentieth century, Das beliees that in the new century the Indian economy . . . will create new opportunities for eeryone. 5he better jobs, it is true, will go to the better educated. 2ut as the lower castes begin to reali6e that the better jobs are in the priate sector rather than in the goernment, they will turn, one hopes, to education rather than reserations. 5his may already be happening. Ereiously mentioned field research in "ajasthan and Madhya Eradesh suggests that a new political leadership, defined by education and skill
7 +ukumar Muralidharan, “2JE in 2ig 5rouble ,” 0rontline, Gol. 8=, Issue ?, March 918? , 2002. http7HHwww.flonnet.comHfl8=B?H8=B?BB:B.htm Accessed 8th Jul 2014. 8 )urcharan Das, India /nbound *ew ork7 Alfred A. Knopf, 9BB8, 8?:p.
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rather than caste, may be emerging in these rural areas. 5wenty1six per cent of the new leaders are +;s, though the group only makes up 99 per cent of the population. #ducation, commerciali6ation, and land reform hae facilitated the representation of +;s among this new political elite.
DasC argument may be oerstated gien the slow pace of economic liberali6ation in India since major reforms in 8==8. As Das concedes, the priate sector is still influenced by the affinities of kin and caste connectionLthe 2irla and 5ata companies being examplesL but the spirit of capitalist competition has also drien many businesses to recruit for skill and talent, not caste.
0inally, the January 9BB9 2hopal ;onference is a good sign. 5hat the non1Dalit ;hief Minister of a large state would organi6e the meeting and take personal interest in the welfare of Dalits showed both political acumen and willingness to fashion solutions. +ingh foresaw a continued role for reserations. In his paper for the conference, he warned, though, that they were only part of the solution7 Fhile the Dalit moement must strie to achiee complete fulfilment
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5he primary argument that is used against reseration is the bogus ploy of merit. Initially people used academic performance as a measure of merit. 5hen, when the oppressed *with limited resources began to make inroads in this aspect the focus changed to performance and later into personal potential.C #entually, the measure of merit is so formless, cannot be defined and is adopted according to the grounds of argument. 5here is a general misconception that reseration in elite institutions will degrade the instituteCs $uality. In the AIIM+ and II5 entrance examinations, the difference between the toppers in open and resered category is large of the order to 9B to 4B@.
-oweer, when it comes to the last successful candidate in either lists, the difference narrows down to about half of it. In 9B88 and 9B89 II5 entrance exams, many students would hae made it een without the $uota. In AIIM+, the difference is mostly because of the smaller pie. In spite of these deelopments, it leaes one wondering why the upper caste intellectuals are against reserations. 5he only reason is that they see the reserations as a mode to limit the share of future generations of their families and castes. 5he point to be noted is that these upper caste people neer agitated against any policies that might hae aderse repercussions if implemented. either did they protest against lack of healthcare facilities, work to improe technology, management in rural areas. It all boils down to the fact that they are not bothered about the $uality of the education, nationCs growth but truncated opportunities to their families and castes are of major botheration to them.
Another major argument is that reserations should be based on economic criteria rather than caste system. 0irstly, it should be understood that reseration in India follows the concept of protectie discrimination compared to egalitarianism. #galitarianism aims at e$uality by proiding the disadantaged indiidual the bare minimum that allows himHher to $ualify to join the main stream. 2ut protectie discrimination is something more, in the sense that it addresses indiiduals who are under priileged in more than one category like social, economical, psychological, gender etc. It is ery clear that reserations are meant to address something more than economic depraity and cannot be iewed as counters to poerty. Moreoer, some opine that India needs to hae /+ %style affirmatie action instead of reserations. 5his argument has fundamental flaws because affirmatie action is framed in terms of formal e$uality whereas India has institutionali6ed the notion that a commitment to e$uality entails not just formal e$uality, but substantie e$uality in the form of preferential treatment to oercome the historic disadantages suffered by groups. Affirmatie action is
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not based on $uota or lower eligibility criteria but proides a preference to women and Afro1 Americans oer the whites when they are e$ually $ualified. An alternatie argument presented is that reserations promote further casteism. 5his is not true the policy of reserations is recognition of the brutal reality of casteism and a meagre attempt to counter the caste order. Erotests by upper1caste Indians *who constitute less than 8? per cent of Indian population against the attempts of Indian goernment to make elite educational institutions accessible to those who hae suffered centuries of oppression is disingenuous. -oweer, majority of the Indians supported reserations in India.
It is the mediaCs bad to blow up the opinion of a small percentage of the people regarding reserations. "eserations and deelopment go hand in hand. 5he south Indian experience is a classical example. ;ities like ;hennai, 2angalore hae become more modern canters because of the participation of lower castes in all markets compared to Delhi and Kolkata . In India, reserations proide a smooth transformation of the caste1cantered system and allows for e$ual sharing of resources. Instead, if the upper caste is going to continue their attacks, the nation will hae to get ready to face iolent struggles as the epal Maoist moement or the ciil strife in Earis in 9BB?. 5he upper caste intellectuals who hae occupied the majority of academic, administratie and executie positions, including oer =? per cent of the appellate judicial positions haenCt really produced any major changes in the proportional growth of the nation. Eroportional growth does not refer to )DE but to the state of ordinary man. "ich getting richer is not growth.
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1. !"#sh$, %.R. %$&'( )'&&$ss$'( "(d I(d$"( *"t$'("l$s&. *e+ elh$u(sh$/"&
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)'&&$ttee '( :(t'uch"$l$t, 9c'('&$c "(d 9duc"t$'("l eel'&e(t ' the %cheduled )"stes "(d )'((ected 'cu&e(ts <elh$,16=. 5.
/pper
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national
media.
www.hindu.comH9BB3HB3HB?HstoriesH9BB3B3B?B:=>8:BB.htm 3. )uidelines for consideration of re$uests for Inclusion and complaints of under inclusion in the central list of <2;s. http7HHncbc.nic.inHhtmlHguideline.htm
.
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www.friendsofsouthasia.orgHcasteHreserationsH
>. EersonsH+ections excluded from reseration which constitute the !creamy layer' in society http7HHncbc.nic.inHhtmlHcreamylayer.htm
=. Anand 5eltumbde, "eseration in Eriate +ector7 An <eriew of the Eroposition http7HHwww.ambedkar.orgHiekHreseration8899B:.htm
8B.
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http7HHwww.indianexpress.comHsundayHstoryH8BB::.html
88. eera ;handhoke, 5hree Myths about "eserations, #conomic and Eolitical weekly, June 8Bth 9BB3.
89. Kancha Ilaiah, Merit of "eserations, #conomic and Eolitical Feekly, June 8, 9BB3.
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84. Jayathi )osh, ;ase for ;aste1based Nuotas in -igher #ducation, #conomic and Eolitical Feekly, June 8, 9BB3.