October 2: Salute to the father of Nation @ Rajghat

October 1, the Supreme Court in the case of 2006 listened to the grievances of both the parties. The judge emphasised on the disclosure of scaling system, which the lawyer of UPSC, Mr. Subramanyam couldn't do well. He rather said that scaling system is such that weak students attain higher marks and brilliant students get lower marks because UPSC believes that those who score less in Prelims can write Mains better. This was quite whimsical and stupid. The judges ruled that out and asked Mr. Subramanyam to be ready with the documents pertaining to the scaling system on the next hearing date on 11 November, where the entire day shall be put in place for the revelation of scaling system and its fallacies. And social activist Madam Aruna Roy also came there at Jantar Mantar to encourage us.

Morning, 2nd October, the group of volunteers gathered near Batra Cinema Hall Parking, Mukherji Nagar, New Delhi at 6:30 am to proceed for the venue Rajghat. The group had got T-shirts prepared for the occasion and wore them inside the shirt, so that the authorities/police don’t raise an alarm and ban the students from marching forward as they have always reacted to student gatherings so far. After a bit of wait for some friends and delay, we marched from Mukherji Nagar to a bus stop, where in we all flogged into a DTC bus, which carried us to somewhere near Kashmiri Gate. Then again some marching and   at 10.00 am we finally reached Rajghat. We paid our homage to the figure of grace in the fight for justice and equality.

There some tourists were interested in knowing what we were assembled for. We could explain them the problems faced by the developing Nation of ours in weeding out corruption and setting fair practices. We presented them with T-shirts as souvenirs. To our utter surprise, some of them expressed their wish to see the Gandhian way of protest and be with us for some time to Jantar Mantar. We were obliged to have them with us at Jantar Mantar. Also, there was a social activist, who has been leading a Gandhian life since the last three years and who also dresses like Gandhi, also accompanied us to Jantar Mantar.

As we waited at Rajghat for a conveyance to Jantar Mantar we could get our hands on a wonderful Papad feast. It was quite delighting, especially when our tourist friends also joined us.

At Jantar Mantar we found Swami Agnivesh and his team, motivating the guys to fight for the cause and also requesting them not to be corrupt after becoming bureaucrats themselves. Meanwhile some IAS aspirants had best of their time teaching Naina and Julie from Denmark, a few sentences in Hindi.

Then it was Frode, a Hollander who made us feel as if he was a part of our team since the beginning. He was moving everywhere and capturing pictures. He is a student in Asian Film Institute, Noida and also was wondering if he could take the Protest against Corruption in UPSC, as the topic for his project in which he is required to shoot a documentary.

Well, we made the guests see the nearby ancient observatory at Jantar Mantar, bargained an auto rickshaw to their Hotel for them and came back to action for handling media and sending Press Notes, emails, pictures and all. The hectic day, then went off with some luminations of success in the protest in the hearts of some.

Group Marching Towards Rajghat

Group Mobilization

Some Bits & Bytes :D



Papad Treat @ Rajghat



Teaching Hindi to Naina: She just came to see Gandhian way of Protest @ Jantar Mantar

Swami Agnivesh addressing the volunteers

Letter of a Grieved Student to the Honourable SC

To

The Honourable Supreme Court of India

New Delhi

India

Subject: Letter bringing to the notice of Honourable Supreme Court, where the fundamental rights of a group of citizens of India have been infringed upon, an apparent wrong done, with a plea that this letter be treated as a PIL, and demanding the restoration of the fundamental rights to the affected group of the citizens of India, as given under Article 32 of the Indian Constitution.

Your Honours

I will now take your permission to state the facts of the case:

1.    I along with 5, 95, 000 other candidates had appeared in the Preliminary examination for civil services conducted by Union Public Service Commission (UPSC) in May 2010. The issued roll numbers were more than the number of candidates applied.

2.    The result for the same exam was declared on August 19 and I was declared unsuccessful. Incidentally, I had qualified the same exam last year and this was my fourth and last attempt, as per requisites of UPSC.

3.    The analysis of the result sheet available on the website of UPSC, revealed a startling fact:

Lumps of selected roll numbers in the result: There is huge variation in the distribution of selected roll numbers in the wholesome roll number list. Out of the first 1 lakh roll numbers there are 6300 selected candidates, then from rest of 4.5 lakh roll numbers only 6000 selections which is against the laws of probability distribution and implies that merit is concentrated in early applicants only! There are more pronounced similar kind of variations that from a particular thousand the selection ratio is as high as 30% and at some thousand as low as 0.0%.

4.    UPSC’s silence on the RTI filed by students and a static answer always, “The matter is under subjudice”.

Conclusion:

• It is most unfair, by any means, statistical or otherwise, to assume that almost fifty percent of all hardworking, sincere and deserving candidates applied within first one lakh of allotted roll numbers.
• The action of concerned administrative officials is prima facie unreasonable because there is no discernable principle to justify it.
• The burden must be shifted to Union Public Service Commission to prove that impugned decision is an informed and just action not otherwise.

Impact of the results of Preliminary examination 2010 on our fundamental rights;

·        Right to Equality: “The state shall not deny any person equality before law or the equal protection of law within the territory of India. (Article 14)

In this case the right to equality of treatment in equal circumstances (the examination) prima facie has been denied.

·        There prima facie doesn’t appear to be any reasonable basis of classification of successful and unsuccessful candidates.

·        The result fails itself on two tests:

o   The classification of students as mentioned above isn’t found on any intelligent differentia which distinguishes these, that are grouped together from other and

o   The differentia doesn’t prima facie have a rational relation to the object sought in selection of eligible candidates for the civil services

·        The guarantee of equal protection applies against substantive and procedural laws.

·        The decision making should be fair, transparent and open.

·        The guarantee of equal protection includes absence of any arbitrary discrimination by the laws themselves or the matter of their administration.

·        Here prima facie the rules have been applied with an unequal hand.

·        Equality of opportunity in the matter of public employment. (Article 16)

The true impact of equality of opportunity is not simply a matter of legal equality. Its existence depends not merely on the absence of disabilities but on the presence of abilities and opportunity of excellence in each cadre/grade as equality of opportunity, meaning equality between the members of same class of employees and not between that of separate independent classes. This right prima facie has also been denied.

5.    Inability to approach the court: My father has since long retired and I do part time jobs and tuitions to enable myself to live in Delhi and appear for the exams. I do not have the economic means required to hire lawyers and approach the court.

6.    Urgency of the matter: Mains examinations for this year are slated to begin from October 29. Delay in giving relief in the said matter may cause irreparable and irreversible harm to many eligible and deserving students due to passage of time.

In India, the honourable Supreme Court is the last refuge of downtrodden, economically disadvantaged and helpless. Many a times, relief has been granted on the basis of letters. I trust my letter to this institute of justice in India, will not go in vain.

Thank You

Yours faithfully

XYZ