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.

JAI TELANGANA

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20 Responses

  1. sree says:

    The issue of whether the govt wants to pay fee for some one or not is a separate issue vs nativity. TG govt can choose to pay fees on any basis it pleases, in fact it could even abolish any fee reimbursements.

    Having a grandfather born in TG as the only criteria is too restrictive. The other problem is that it will permanently ensure that no outsider can ever become a native of TG. Take for example KCR himself, his grand father may not have been born in TG (dont know this for a fact but if it is it will be too awkward). BTW if today TG government is trying to develop HYD as an attractive place for investments and woo talent to move to HYD; why should anyone consider a move if they know that even their grandchildren cannot apply for college admissions and jobs as a native? If 4 years is too short it is fair to extend it to 7 or perhaps decide on basis of 7th grade etc but grandfather and 1956 is outwith most definitions of nativity in the rest of India.

  2. rajkumar says:

    Well behaved settler shall not surmise by saying “Take for example KCR himself, his grand father may not have been born in TG (dont know this for a fact but if it is it will be too awkward)”.
    Well behaved settler shall win the hearts of Telangana people by identifying themselves with the problems faced by Telangana. They shall be like sugar in the milk.
    Well behaved settlers shall question the partisan and blatant unconstitutional moves of the centre, to the detriment of Telangana state, that too at the instance of neighboring state and an individual who is driven by parasitic tendencies.
    Let well behaved citizens express their concerns over the injustices meted out to Telangana then Telangana govt too will extend fee reimbursements to their children.
    BTW I am from Medak and a nearby village. I endeavour to clear your doubt. His great grandfather is also born in Telangana.
    Jai Telangana.

    • sree says:

      http://indiatoday.intoday.in/story/trs-president-has-roots-in-andhra/1/166822.html

      This article says otherwise. BTW I was in residuary AP and TG for 2 days and 5 days respectively in the past decade; I doubt I am a settler, well behaved or another kind.

      • aditya says:

        Sree,
        ‘The issue of whether the govt wants to pay fee for some one or not is a separate issue vs nativity.TG govt can choose to pay fees on any basis it pleases, in fact it could even abolish any fee reimbursements’. Well that is about it.When it is very categorically stated that the 1956 criteria is for fee reimbursement under ‘FAST’only.Why do you rake up admissions and nativity in this context?
        There will be rules to become the native of the state for other criteria, like in other states.Each state has its own rules.

        When you yourself don’t know whether you are Andhra or a settler in Telangana, why are you bothered about grandfather’s birth place of KCR?
        KCR said several times that his grand father and great grand father also from Telangana.But you guys don’t leave it. Why this ‘Randhranveshana’? For what purpose?

        • aditya says:

          BTW your ‘Why Seemandhra will be on the bacfoot'(http://www.greatandhra.com/politics/gossip/why-seemandhra-will-be-on-the-back-foot-58510.html) in greatandhra.com politics/gossips makes very interesting reading.

          • sree says:

            just to avoid confusion I will write with my full first name sreenivas. I actually dont visit that website. I am sure sree is a common enough pen name.

        • Ashwin says:

          Why do you bother whether KCR is from Andhra or Telangana? Is he claiming any Fees REimbursement, from Govt for self or his Children? Do you know that it was AA Humes who started Indian National Congress & Annie Besant was part of India’s struggle for Independence & Gandhi was part of it. Why didn’t you Andhra people protest INC’s involvement in fight for Independence? Do you know that Telangana students, Job aspirants, staff & everyone lived in Telangana itself as Non Locals from 1956 despite Gentlemen’s (Goonda’s) Agreement. Andhras would go to most inferior Universities in North like Sagar,Utkal,Sambalpur,Agra etc., where one can get admission in any Course if he can write 26 English Alphabets (not even in order) and get Ist Class by throwing money OR no matter any other means like 3 Ws, and they are not fit to get even lower IIIrd Class in Osmania (before Andhra faculty developed it) Above all this, they had their Selection Committee stooges all over Telangana & APPSC, to select only (far below inferior) Andhra candidates, with most inferior standards. No wonder, one M.Com Andhra fellow working in IDPL, writes Leave letter saying “My Wife is sick and I am the only Husband available. Please grant me leave”. I studied in a College where most of the students were from Andhra. When I asked them “what was your percentage in PUC/12th, they say 90% when we cant get even 65% with great effort but never wrote such leave letters. And these 90% Andhra stuff would not get even 19% in the very first year; God knows where all their 90% disappears suddenly? In the first place, let anyone, the oldest Andhra person/politician, say why they demanded SEparate Andhra? What was their problem in Madras where they were living for 500 yrs from Sri Krishna Devaraya period, right from Tirunelvali,Rajapalayam to Tiruvottiyur,Tiruttanni. AND why Andhras had to beg to merge with HYD/Telangana, with Gentlemen’s Agreement, only to violate, in word & deed, confirming that Andhras are no Gentlemen and not even the Great Grand children of Any Andhra person, does not deserve to get any sops from Telangana. Do you know that the Surplus funds of Telangana were diverted right from 1956 itself (which was 37 Cr) and the next 60 yrs, to Andhra? Do you know that Andhra budget was 19 Cr with deficit of 5 Cr AND HYD budget was 60 Cr with 20 Cr surplus before Andhra merged with HYD? What happened to all that wealth? Having looted all these 1000s of Cr of Telangana, why Andhras could not develop their Region? Do you know that 16,000 Cr was generated by selling lands in HYD to APIIC & the total amount was diverted to andhra? We need more than 18 Volumes of Encyclopaedia Britannica, to describe Andhras loot in Telangana/Hyderabad. Andhras confirm that they are worst shameless class, to demand any decency from Telangana people.

      • rajkumar says:

        Dear Well behaved the link proves nothing.
        It quotes so called self serving statements supposed to have been made by persons less than 70 years about the alleged migration of KCR family more than 70 years back. It is clear that the alleged exercise to trace the ancestry is stage managed by casteist Babu.
        I request you to visit Chintamadaka Village, Siddipet Mandal near Dubbaka of Medak District and ask anyone about the ancestry of KCR you will get correct answer.
        Well behaved settlers are expected to quote authentic sources and produce unimpeachable evidence.
        JAI TELANGANA.

  3. Ram says:

    Per his press conf tonight, 1956 cut off is used only for fee reinbursement scheme for SC/STs and EBCs. Not sure this criteria will be used for other purposes.

    • Ashwin says:

      It must be used for everything, just like Andhras (with most inferior qualification & fake certificates) looted Telangana share of Jobs under Manodu quota. What is the problem? Andhras claim they are great brainy guys, most intelligent & they can live anywhere. All the IIT coaching Center Andhra teachers put together, dont deserve to touch Telangana Ramaiah IIT Guru who never advertised about his student’s performance in IIT entrance but the great Andhra IIT Coaching Centers have to advertise about their Student’s performance, with fake students from other Institutes who secure admission in IIT. You must have read Stories in Swathi, Eenadu etc., Andhra magazines, by Andhra writers. There is nothing fari or genuine with Andhras.

  4. జి.వి.రమేష్ says:

    It is upto the TG Govt to frame its own guidelines while re-imbursing fees. But I am afraid that it can not frame any new rules on nativity as the rest of India already has certain universal norms to determine it. Even AP follows the same rules. So what holds us back from following them? I think it will be fair to restrict nativity to just a couple of things. 1. The candidate’s birth certificate 2. Proof of continuous study upto 10th class in Telangana.

    To ask for the antecedants of the father, mother, grandfather etc. – such things are purely unnecessary and impossible to implement, as majority of Telanganites in the previous generations were poor and uneducated. Birth certificates were also made compulsory only in recent years.

    • soonya says:

      The problem of proving that one studied till tenth is that it is open for gaming.

      Which many students from Andhra in the recent past and after the advent of the ‘teaching shops of ChaiNa’ and their ilk have abused to the hilt.

      The modus operandi is that the child would study in Andhra and would get a certificate from one of these shops and writes the final exam in Hyderabad. Lo and behold they become ‘local’! That’s has been the pain of Telangana.

      When a system gets abused one needs to come up with better systems.

  5. soonya says:

    Sree

    The government of Telangana announced a financial assistance scheme for the students of Telangana called FAST – that was a fast one on those who have been abusing the earlier scheme.

    The essential criterion of FAST seems to be that only those whose ancestors were born in Telangana region would be eligible. And I am sure they would add other criteria as they etch out the details of the scheme – such as income of parents, the worth of the college (to check the worthless colleges and the useless education imparted by them), it does not say anything about admissions.

    Anyways the APRA allows for the earlier rules to continue for another 10 years. Meanwhile, any migrant has a choice of admitting his/her child to any college except the government ones. Even there, a 15% quota of seats for merit students is allowed where any child who comes in the top 15% can avail. As is the case in Andhra universities too.

    Hence to say that migrants from rest of India will find it difficult is ill-founded. And if one examines the number of seats in educational institutions, there are obviously more in private sector compared to state supported ones.

  6. Ram says:

    Poor Telangana natives are biggest victims of the merger of Telangana and Andhra in 1956. Because of the mistake done by central govt generations of Telangana people suffered. Because of inward migration from Seemandhra to Telangana and because AP govt did injustice to Telangana in budget allocations, Telangana students in general had to face higher competition, Telangana poor students in particular could not compete at all and they were stuck in poverty cycle and their families suffered over the decades. By giving the scholarships to kids from those families he is trying to do some justice that group. Telangana people have to migrate to other states because of the discrimination of AP govt for last 6decades. TG govt is trying to help all poor Telangana students wherever they are.

    Income requirement is only for EBC. I dont think income requirement is there for BCs and SC/STs. Right now all the reservations for SC/ST/BCs are availed by creamy layer(90% of them from Seemandhra). This scheme may encourage some of the students whose familes migrated from Seemandhra to migrate back to AP to avail tuition waivers. More seats will be available for natives of Telangana.

    All these years because of the policies of AP govt, Telangana students had to face higher competition compared to Seemandhra(For eg: In Telangana you need 600 rank to get medical admission in general quota; But in Seemandhra you can get it with 1800 rank). Now because of Telangana govt policies, Telangana students will have less competition.

  7. Ashwin says:

    Prof Sreedhara Swamy gave all the required reasoning. All these opinions must be sent to KCR,KTR,Harish Rao, Etela etc., and also to the Prime Minister & President, to show them how Andhras cheated & looted Telangana, in all spheres. The cut off date should be not 1956 but 1953 when Andhras separated from Madras. Can any one Andhra person explain, logically which can stand questions from Telangana people, why they wanted Separate Andhra & why they could not live in Andhra? Why Telangana people were not Telugu people & how they became Telugus suddenly in 1956 when Andhras were begging in Kurnool? Why Andhras refused to return back to Telangana/Hyderabad State in 1940 when Nizam wanted to take back Regions given to British by paying money to British who were starving for funds to fight II WW. There is no injustice whatever done to Andhras in Telangana. In fact injustice can not be done by Telanganas for what Andhras have done to Telangana in 60 yrs and even now trying their best to ruin Telangana.

  8. Gangadhar says:

    For manythings we cannot go back in time for corrections as there is no end to this, especially in democratic setup. Telangana State is formed definitely to help telangana people. If other people settled here are isolated beyond certain point, it may result counter productive to Telanagana people (in general all) themselves as the rest of the world also can isolate them. It is dangerous to imagine for the consequences.

  9. Dimple says:

    if its necessary to take grandfather’s birth into consideration then what about the students whoare from other states and have completed their studies from nursery to intermediate in telangana and still pursuing their higher studies in telangana and depend on fee reimbursement
    Then what abt these students ? Aren’t they taken into consideration for fee reimbursment ? wil they not b considered as natives of telangana? if yes then y? do reply

    • D VRAJESH says:

      Mission Telangana team,

      I found this question is genuine. Forget about Andhra students.
      There are people from other states too(North India, TN, Kerala etc.)

      The students were born in Hyderabad/RR dist or surrounding dist. of Hyd.
      Their parents came to Hyd (Telangana) say some 30-40yrs back. They gonna live here in future too. As said by Dimple they studied 0-12, degree, PG and higher studies in Telangana it self.

      Then what is their fate? Are they not allowed to get fee reimbursement? Are they eligible to get a govt. job in Telangana?
      Because they are not even treated as locals in their own states of North India, Tamilnadu, Kerala etc., as they have completed studies in Telangana.

  10. Rajendera says:

    BJP and Telugu Deasam and other Andhra leadership parties and their slaves except TRS sighted on settlers vote bank in and around Hyderabad and Ranga Reddy for Municipal elections this is the reason, they are crying for them. They are insulting scarifies and wounding Telangana people sentiments. The might have forgot 1500 Telangana people laid down their lives for Telangana.

  11. rb chennuru says:

    If I were not wrong
    1. 1919 Mulki rules artcle 39 clause 6, rule 3,7 and 9 gives provision for according Mulki status to Non Mulkis (Includes citizens of India as well as any other country).
    2. They were made for appointments to Hyderabad civil services.
    3. Hon’ble Supreme Court upheld 1919 Mulki rules.

    My Doubts:
    a) Are the Mulki rules applicable to people of erstwhile Aurangabad and Gulbarga divisions also in their respective areas?
    b) What did Hon’ble Supreme Court say about nonmulkis who were eligible to apply for Mulki status as on 1956, but did not apply because the constitutional validity of those rules was upheld only in 1972.
    c) Did all those claiming to be Mulkis register their status before 1956? If not can they do it now?
    d) Since any person including foreigners can apply for Mulki status, does a CM or his Govt have the right to accord Mulki status to foreign infiltrators who are not Indian citizens? Did 1972 Supreme Court judgment uphold such a provision?
    e) Mulki rules were made for appointments to Hyderabad civil services. Can they be used to deprive students of fees reimbursement?

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