Introduction

Special facilities and reservations for the backward sections of the society have been provided in the Constitution of India so that the overall development and standard of living of these castes/classes can be equivalent to the other classes.

For this, the Government of India constituted V.P. Mandal Commission. In regards to its recommendations of the nine-member special constitution bench of the Hon'ble Supreme Court in its landmark judgment 1992 in the case "Indira Sawhney Vs. Union of India" issued a mandate that In relation to the inclusion or exclusion of castes in other backward classes, every State Government and the Central Government shall constitute such tribunals or commissions which will make their recommendations to the Government, and the Government will generally be bound to accept them.

Therefore, the required inclusion in the list of backward classes for a permissible reservation to other backward classes in services, etc. under the state and to give due consideration to the related complaints his Excellency Mr. Governor of Uttar Pradesh gladly approved the formation/establishment of a permanent commission vide mandate number 22/16/92 Personnel-2 dated March 09, 1993, consisting of 01 chairman and 04 members.

The Commission came into existence with the Honorable Chairman and Honorable Members taking over in September 1993, and Uttar Pradesh Government's Notification No. 34/XVII-V-1-1-(KA)44-1996 came into force with effect from 05th January 1996 as the Uttar Pradesh Backward Classes State Commission Act 1996 (President Act No.1 of 1996).

Uttar Pradesh Backward Classes State Commission (Amendment) Act-2007 vide notification number 1187/79-V./07-01(a)29-2007 Lucknow, 09 July 2007 published by the Government of Uttar Pradesh 01 Chairman, 02 Vice-President and 17 members were arranged and the Uttar Pradesh Backward Classes State Commission (Amendment) Act-2014, made the arrangements for the appointment of 01 chairmen, 02 vice-chairman and 25 members in the commission.

Functions of the Commission

• The commission will examine requests for the inclusion of any class of citizens as a backward class in the schedule and will hear complaints of wrong inclusion or non-inclusion of any backward class in the schedule and shall give the appropriate advice to the State Government.
• Investigate and monitor all matters relating to the safeguard measures provided for the backward classes under any law for the time being in force or under any order of the State Government and evaluate the system of such safeguards.
• To inquire into specific complaints regarding denial of rights and safeguards of backward classes.
• Participate in the planning process of socio-economic development of the backward classes and advise them and evaluate the progress of their development.
• To submit reports to the State Government on the working of those safeguards annually and at such other times as the Commission may deem fit.
• Shall recommend in such a report such measures as may be taken by the State Government for the effective implementation of those safeguards and other measures for the protection, welfare, and socio-economic development of the backward classes.
• Shall perform such other functions in relation to the protection, welfare, development, and promotion of backward classes, as may be specified by the State Government.

Powers of the Commission

The State Backward Classes Commission, U.P. President Act No.-1 of 1996, while performing its functions under sub-section (1) of section 9, shall have all the powers of a civil court trying a suit and in particular with respect to the following matters-

• Summons and compels any person to appear and examine him on oath.
• Requiring the discovery and production of any document.
• Obtaining evidence on affidavits.
• Requisition any public document or copy from any court or office.
• Issuance of commission for examination of evidence and documents.
• Any other matter which may be prescribed.

Places where backward classes are reserved:-

1. Government Jobs.
2. Educational Institutions.
3. Technical Educational Institutions (Reservation in CPMT, Engineering)
4. Government Quarters.
5. Government Hostel
6. In the buildings, plots, and commercial plots of the Development Authority and Housing Development Council.
7. In the shops of Mandi Parishad.
8. In shops built by Municipal Corporation, Municipality.
9. The village head, district panchayat president, etc. where there is a reservation available.

Powers and working system of State Backward Classes Commission, U.P.:-

Three types of complaints are accepted under the State Backward Classes Commission, Uttar Pradesh:-

1. Relating to caste inclusion and expulsion.
2. Complaints relating to safeguarding measures (denial of rights).
3. Work related to reservation and other safeguards (evaluation and planning).

1. Caste Inclusion and Removal:

Following is the procedure for examining requests for inclusion of a class of citizens as a backward class and hearing complaints of wrong inclusion or non-inclusion of any class in the Schedule of Backward Classes:-

• The representation of the castes which are socially and educationally backward but not listed in the Schedule of Other Backward Classes to be included in the list.
• If complaints are received about wrong inclusion or non-inclusion of any backward class in the schedule, then after investigation and monitoring of those complaints, the recommendation is given to the government.

For both the above works, the form is obtained from the commission office and the representation form is filled and submitted to the commission. The above form is considered to be made available to the commission by the organization of the concerned caste. After the preliminary hearing, and then the social and educational study of the castes, the surveyed castes are brought to the notice of all the citizens by public information through newspapers.

2. Complaints (deprived of rights) related to safeguarding measures (Reservation and Harassment):

Complaint means to bring to the notice of the Commission the situation of deprivation of safeguards (protection/rights from oppression) of any backward class of citizens.
Under any law of the Uttar Pradesh government or under any order of the state government, all the matters related to the safeguard measures (protection from oppression) provided for the backward classes are investigated and monitored on receipt of complaints, and recommendations are given to the government.

3. Work-related to the reservation and other safeguards (evaluation and planning):

1. Regarding reservation in jobs under the Uttar Pradesh Public Service Backward Classes Reservation Act, 1994.
2. Complaints related to a reservation in government housing, in relation to a reservation in houses and plots allotted by various authorities/housing development councils, and wherever reservation is applicable.
3. Complaints related to situations that occur when a person belonging to a backward class is not given the permissible benefits under any rule/order by the government and obstacles are created by the concerned department, like pension of public servants, compensation amount, the appointment of deceased dependent and payment of dues, General Provident Fund Retirement Bill removal or any claim arising out of winding up.

Process:-

• The above types of complaints will have to be made available by the complainants directly to the Chairman, State Backward Classes Commission, Uttar Pradesh in triplicate with full details by attaching the evidence.
• If the above types of complaints are prima facie incomplete, the Commission will reject them on the basis of the non-availability of facts related to the complainant.
• If the complaint is decided by the Commission for hearing after investigation, then the complainant will have to appear in person and confirm the evidence.
• If correspondence has been made by the complainant with his department before sending the complaint to the Commission, then evidence must be submitted as an attachment, and if the correspondence is not done, then only after correspondence with the concerned department can submit the complaint to the commission.

Apart from many recommendations for backward classes by the commission, recommendations for social, education, and development are sent to the Uttar Pradesh government.

The Uttar Pradesh State Backward Classes Commission is constantly striving for the development and protection of the interests of the backward classes. If any person wants to give any suggestion, opinion, or statement for the social, educational, economic, or political development of backward classes, then it can be given at the following address:-

President
State Commission for Backward Classes, Uttar Pradesh
3rd Floor, Indira Bhawan, Ashok Marg, Lucknow
Phone No.- 0522-2287243
Phone No.-0522-2287076 (EPVAX)
Fax No.- 0522-2287215
Website-www.upsbcc.in
E-mail-sbcc-up@nic.in