Nativity as the Criterion for Admissions and Recruitments
By: Prof. S. Sreedhara Swamy, (Retd Professor, OU)
Telangana State is formed after prolonged struggle spanning 6 decades. Around 1500 human sacrifices-in 1969 agitation and present struggle, where suicides continued for 4 years, is unprecedented any where in the world. Thousands of students faced lathi charge, tear gas shells on a continuous basis Employees launched agitation and went on a historical strike, Sakala Janula Samme and Million March etc. Public at large also followed in the struggle in Rail Roko, Vanta Vaarpu programmes etc. Finally they fought through Ballot to throw away un democratic, un responsive autocratic Rule. In all these struggles the aspirations of people were clearly demonstrated that exploitation should be stopped, once for all, and also to raise Telangana pride and self respect. Lots of hopes, in the process, were also generated, that our people would get jobs and educational opportunities. Formation of Telangana with 10 Districts and Hyderabad as Capital is in fact demerger. Telangana was freed from Andhra clutches, a status that existed before its merger on 1-11-1956, is restored politically and geographically. Mulki Rules etc should have been restored, but were annulled under six point Formula. Now attempts have to be made to restore some of the rules and regulations that existed in Hyderabad state which benefited Telangana people, also protect from the onslaught. The essence is that genuine Telanganites should get real benefits so that the wounds and scars are erased and forgotten.
Heartening to note, that the Chief Minister Sri. K. Chandrasekhar Rao made an important policy statement that “only Telangana students should get fees reimbursement” This is a right and positive move. Even earlier there is a debate in the media that who is the real Telanganite. A genuine Telanganite, based on the nativity (former Mulki Rules) should be the criterion for all recruitments and admissions. After the Supreme Court five member Bench, led by Justice S.M. Sikri gave the judgement in October 1972 that Mulki Rules are valid, Separate Andhra agitation started. Andhra leaders conveniently had forgotten that Gentlemens Agreement, which was the basis for merger of Telangana with Andhra. Without this Agreement, Andhra Pradesh would not have been formed, since Fazal Ali Commission had recommended the formation of Separate Hyderabad state some of the important features of the Supreme Judgement are:
a)Parliament gave statutory recognition to the Gentlemen’s Agreement by making the necessary constitutional Amendment in Art 371, providing for the constitution of the Telangana Regional Committee—the constitution (seventh Amendment) Act 1956, interalia substituted a new Article 371 for the old for making special provision with respect to the states of AP, Punjab, and Bombay.
b)The Supreme court also examined the validity of Mulki Rules in the context of Section 16(3) and held Mulki Rules Valid because the Public Employment (Requirement as to Residence) Act 1957 received the Assent of the President of India and came into force on March 21, 1959.
c)Para 18 of the judgement says “ It cannot be denied that the purpose of Reorganisation of States is not to take away Fundamental Rights of Telangana people—Accordingly we are of the view that the Mulki Rules continued in force even after the constitution of the state of Andhra Pradesh “
Inspite of these clear references that held Mulki Rules Valid, Andhra employees and political leadership wanted a state of AP without any safeguards to Telangana students and employees or else alternatively separate Andhra State be created. Dominant Andhra people have no respect for logic and even legal verdicts. The then Prime Minister Smt Indira Gandhi was all powerful, Telangana leaders have become subservient and surrendered and as a result Six Point Formula was evolved. 32nd Amendment of the Constitution was made and under clause 371-D the President of India was empowered to make Rules for Andhra Pradesh. Naturally the Rules framed and Submitted by Andhra dominated Bureaucracy, political leadership, were incorporated in the so-called Presidential Order.
Presidential Order, 1975
In exercise of Powers conferred by clause 1 and 2 of Article 371-D of the constitution, the President hereby makes, with respect to the State of Andhra Pradesh, the following Order “ Andhra Pradesh Public Employment (Organisation of Local cadres and Regulation of Direct Recruitment) Order 1975—popularly known as Presidential Order Under Six Point Formula, sixth point was acted upon — Abolition of Mulki Rules and Telangana Regional Committee. Instead of three Regions, Telangana, Andhra and Rayala Seema, the state was divided into six zones. For generations Telangana (10 districts) were a separate region, was divided into V and VI zones (which included Hyderabad District) were organised. Consequently locals and Non locals were created, four years of Study came in place of 15 years of Domicile, and Every Rule was created in such a way that it favoured Andhra Employees, zonal system, State wide selections were adopted. Some Departments like Education, Police had created, illegally non existing VII zone and converted Hyderabad city into Free zone to accommodate, specifically Andhra Employees in Hyderabad city. Further, City Cadre had to be created, if necessary, under clause 3(6), which was near created and notified. Employees were brought into city under the pretext of City cadre, inspite of the judgement of the High Court., writ petition no W.P. 13458 of 2001, and decided on 22-11-2001. Para (88) (b) states “No separate cadre has been organized for the city of Hyderabad within the meaning of Para 3(6) of the Presidential Order. Education Department has misused city Cadre to accommodate Lecturers and Principals etc., in Govt Degree Colleges, in Hyderabad.
President Rule, Six-point Formula, 32nd Amendment of the Constitution, 371-D, Presidential Order, Zonal System, Local Vs non local, 4 years of study, etc are all aberrations and should be suitably modified to suit Telangana needs, requirements and aspirations. The Mulki Rules, as promulgated by Nizam required the birth of father in Telangana, and also the grandfather’s birth in Telangana. Now in the changed circumstances, birth of father would be erroneous, only the birth of Grandfather in Telangana should be the basis. In short those children whose grand father was born in Telangana, and a native of Telangana should be considered as Telanganite or native of Telangana. To this extent Telangana Government should initiate necessary steps. This is the real challenging Task of Telangana Government. The Telangana Government appears to be veering around 1-11-1956 as a Cut of Date. Those who are residents of Telangana, and natives of Telangana on or before, either of the suggestions —-Fathers father, grand father should be a native, or those who were natives before 1-11-1956, should be adopted after studying legal and administrative aspects. The students of Osmania University and Kakitya University, and other universities are eagerly waiting for political statement indicating a cut of Date for the purposes of recruitment and admissions. This policy alone will help our Telangana youth to get jobs otherwise the history would repeat itself, and Telangana would be filled by Andhra candidates.
The students of Osmania were in virtual jail for several years. Thousands of False cases were booked against them. Most of the students of Telangan Universities faced severe Lathi charges. Police entered into Ladies Hostels and resorted to Lathi charge, the TV visuals should help in identifying the police officers, responsible for illegal and inhuman atrocities and legal and administrative, punitive actions should be initiated. Meanwhile all the false cases booked against Telangana students and employees and others should be lifted immediately.