Round Table India
Creating a No-Response Zone: The Story of Discrimination against a Dalit in the Union Territory of Dadra and Nagar Haveli
(Note received from the victim’s wife)
We are a dalit family and we strongly feel discriminated and marginalized by the department of education under the administration of Union Territory of Dadra and Nagar Haveli. We are helpless. My husband has flooded their office with requests but it seems that his requests are thrown in the corner. We strongly believe in the constitution of India. This is my STORY which exposes how DALITS are treated in this country. How they are discriminated, marginalized, cornered and destroyed by the government officers. It seems that a dalit has lost all the constitutional rights, a right to be honest too. The story begins with an interview for the post of assistant professor in the subject of English held on 3rd October, 2012 at Secretariat in Silvassa College (currently Dr. A.P. J. Abdul Kalam Government College, Dokmardi, Silvassa), a college affiliated with Gujarat University. The selection committee of this Interview was chaired by the Governor of the UT of Dadra and Nagar Haveli. Violating all the rules of UGC and Gujarat University, an ineligible candidate was selected. Here starts an odyssey of discrimination, disappointments, display of injustice to a Dalit.
1. Hoping for justice, my husband had requested the Principal of the college on 26th October, 2012. BUT HE IS Still WAITING FOR A REPLY AFTER MORE THAN THREE YEARS.
2. Hoping that the administrator, who is also the chairman of the executive committee and governing body of the college, will provide him justice. My husband had sent his complaint to the administrator of DNH 26th October, 2012. BUT HE IS WAITING FOR HIS REPLY AFTER MORE THAN THREE YEARS.
3. On 30th November, 2012, my husband again prayed to the administrator of DNH for justice. BUT HE IS STILL WAITING FOR A REPLY AFTER MORE THAN THREE YEARS.
4. It was painful days for an honest man. My husband made many representations to all these government officers but none listened to him. When he met the principal of the college to explain the case, the principal did not listen. Rather he told my husband to go to the court for justice. Thus, he was compelled to knock the doors of the High Court for justice. How can a poor man afford the expense of the court? BUT AFTER SERVING A LEGAL NOTICE, THESE OFFICERS STRONGLY DISCRIMINATED HIM.
5. Earlier he was serving as a visiting professor in this college. Now his appointment was not renewed. A fresh advertisement was published and interviews were postponed if he appeared in them. On 17th September, 2013 my husband complained to the principal of the college regarding the repeated postponement of the interview for the post of visiting professor in English. BUT HE IS WAITING FOR HIS REPLY AFTER MORE THAN THREE YEARS.
6. The Minutes of the interview of assistant professor in English held on 2nd July, 2013 are deliberately lost because a Dalit candidate was selected for the post. In this regard, the administration has not yet taken legal action against the person who had lost this government document.
7. On 4th October, 2013 the students complained to the Director of Education and stated the irregularities and corruption prevalent in the college They demanded a neutral inquiry for the sake of the educational development of ST students. BUT NO INQUIRY IS SET UP TILL DATE
8. On 15th November, 2014, my husband wrote a letter to the Secretary of Education requesting to set up an inquiry. He sent a copy to the Administrator. BUT HE IS WAITING FOR HIS REPLY AFTER MORE THAN TWO YEARS.
9. On 31st March, 2015, my husband represented his case to the Administrator. BUT NO ACTION IS TAKEN.
10. On 16th April, 2015, my husband again wrote his case to the Administrator. BUT HE IS WAITING FOR HIS REPLY AFTER MORE THAN TWO YEARS.
11. With firm faith on the government, my husband re-requested the Administrator on 11th June, 2015. BUT HE IS WAITING FOR HIS REPLY
12. My Husband has strong faith in the system so once again he re-requested the Administrator on 23rd June, 2015 YET HE IS WAITING FOR HIS REPLY
13. He is very positive so he wrote his fifth request to the Administrator on 3rd July, 2015, sixth on 14th July, 2015, seventh on 21st July, 2015 and met the Administrator personally more than two times during 2015. BUT NOTHING IS DONE
14. On 29th September, 2015 he met to the Director of Education personally and submitted his application. BUT WAITING IS HIS DESTINY BECAUSE HE IS A DALIT IN THIS COUNTRY.
15. On 3rd July, 2015, my husband met the Administrator personally and requested to set up an inquiry. The Administrator assured him to solve the case within 7 days. YET THE CASE IS NOT SOLVED AFTER SEVEN MONTHS.
16. These officers do not respect the Office Orders of the Department of Personal, New Delhi. Even the Department of Personal (Central Government, New Delhi) too has to send a reminder to them. They also reply after months. They provide some incomplete reply to my husband without setting up an inquiry as requested by my husband and as directed by the Central Government.
17. On 2nd February, 2015, my husband again represented his case to the administrator of DNH. Again he assured in written to examine the matter. Again he promised to peep into the matter within seven days. AND AGAIN MY HUSBAND IS WAITING FOR SOME SILVER LINING.
Thus, our story reflects a story of depriving and destroying the academic career of a Dalit. Our government offices throw the files of dalits into the Dustbin. NO REQUEST WORKS. IT IS ALL WAITING FOR THE GODOT! The story also explores many questions regarding transparency and good governance. Our Prime Minister talks of Digital India but please let our government officers come out of the Iron Age of ancient India. I am shocked to know the time taken by these officers to examine corruption. Such a practice will certainly encourage the corrupt persons. All in all, the tragedy is for a person who is an honest and happiness for a person who is corrupt. Since media does not take note of poor family like us. I hope that you will help us.
Thank you for listening to Dalits,
Bhavna K. Parmar
Near Nizar Post Office,
Bus Station Road,
Letter sent recently by the victim, Mr. Jasvantkumar Valabhai Rathod, to the Vice Chancellor of Gujarat University
Mr. Jasvantkumar Valabhai Rathod
C/O: Haribhai Patel (Postman) New Plots,
Near Nizar Post Office,
Bus Station Road, Nizar Ta-Nizar,
Dated: 5th March, 2016
The Vice Chancellor,
Gujarat University Navrangpura,
Ahmedabad-380009 Gujarat, India
SUB: A REQUEST TO PROVIDE JUSTICE TO A DALIT CANDIDATE
Ref: (1) UGC, New Delhi’s Direct Order No. F.No.1 -71201 1 (scT), Dated 1st March, 2016 (2) My Letter of Request to your Office on 28th November, 2012 (3) My Second Letter of Request to your Office on 9th September, 2013
Hon’ble Sir, I sincerely thank UGC, New Delhi for providing me an opportunity to represent my case to you. I am a dalit student who is continuously discriminated and marginalized from 2012 by Silvassa Institute of Higher Learning (presently A.P.J. Abdul Kalam College of Arts, Commerce and Science, Dokmardi, Silvassa), a college affiliated with Gujarat University. I hope that you will examine the following case and provide me justice.
On 3rd October, 2012, I was interviewed for the post of Assistant Professor in English in Silvassa Institute of Higher Learning (presently A.P.J. Abdul Kalam College of Arts, Commerce and Science, Dokmardi, Silvassa) along with two candidates. The selection committee was chaired by the then Hon. Administrator. The Candidate selected for the post of Assistant Professor in English was not eligible for the post on four grounds:
1. In points No.2 of Minimum Qualification in the Advertisement (Annexure-I) published by the college on 27th June, 2012 it is clearly mentioned that “Besides fulfilling the above qualifications, the candidate should have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET. But unfortunately the candidate had not cleared the NET/ SLET/SET.
2. In points No.3 of the same advertisement, it is clearly mentioned that “Holders of Ph.D. degree as on the date of Notification of these regulations, along with those candidates who are awarded a Ph.D. degree through a process of admission, registration, course work and external evaluation as laid down in the UGC (Minimum Standards and Procedures for award of M.Phil/Ph.D. Degree), Regulations, 2009 and so adopted by the university, shall be exempted from NET/ SLET/SET. But unfortunately the candidate did not hold Ph.D
3. As per UGC Rules and Regulations on Minimum Qualifications for Appointment of Teachers and Other Staff in University and Colleges, 2010 (Annexure-II), N.E.T is mandatory to get appointed as Assistant Professor in any College of the Country. The Candidate selected for the post of Assistant Professor in English had neither cleared N.E.T. nor obtained Ph.D
4. Moreover, it has come to know recently through the Minutes of the Selection Committee for 2 posts of Assistant Professor in English dated 3rd October, 2012 that there were only 2 (two) candidates remained present in the interview (Please see Annexure VII) and that does not form the Quorum as mentioned in the UGC Rules and Central Government Rules.
5. The principal has violated all the notifications of UGC regarding appointment of Assistant Professors Thus, this selection of an Assistant Professor in English not only violated the criteria and qualification published in the advertisement of the college and UGC Rules and Regulations of 2010 but it also violated the Central Government Rules of forming a quorum for an interview. Regarding this improper and illegal selection, I requested to the then principal, Dr. D.C. Agrawal for many times but he did not reply me. He compelled me the knock the doors of the high court of Mumbai to seek justice. After some time, I came to know through replies of RTIs that Dr. Agrawal had misguided the selection committee by showing the Minutes of 471 and 472 Meeting of UGC held on 12.8.2010 and 27.9.2010. But the then principal had hidden the UGC, New Delhi’s Letter No. F.9-3/2010 (PS) Misc, dated 10th October, 2010. (Annexure-III) The letter clearly mentions that “It has come to the notice of UGC that in the recent past, some of the universities and institutions have advertised the post of Lecturer/Assistant Professor without any stipulation regarding mandatory requirement of NET/SLELT/SET as required by the UGC Regulations, notified on 11.7.2009 and 18.9.2010. It has also been noticed by UGC that universities/institutions are relying on the Resolutions of the Commission in the 471st and 472nd Meeting of UGC held on 12.8.2010 and 27.9.2010. It is clarified and informed for the benefits of all concerned Universities/institutions and other stakeholders including prospective candidates that the above resolutions are merely the part of the process of deliberation by the commission on the issue of minimum qualification for appointment and not a final decision required to be implemented. In fact, the Central Government vide its D.O. letter No. F.8-7/2010-U-1 (A) dated 3rd November, 2010 did not concur with the said resolutions dated 12.8.2010 and 27.9.2010 of the Commission.”
Again, the college advertised for the post of Assistant Professor in English next time. I applied and was interviewed by the Selection Committee chaired by Hon. Administrator on 2nd July, 2013. The result of which is not declared till date.
I came to know from the Agenda of the Meeting of Fourth Governing Body, Dated. 30th July, 2013 (Annexure- IV) that I was selected for the post. In the agenda, the then Principal Dr. D.C. Agrawal had misguided the Governing Body of Silvassa College by stating in written that the person selected for the post of Assistant Professor in English had sent a legal notice to Hon’ble Members of Selection Committee. He also presented a fake document signed by so called Mr. C.V, Raval which alleged my character. But when I sent a notice to Mr. Raval, I found that there was no person called Mr. C.V. Raval residing at the mentioned address in Rajkot. The Copies my correspondence to Mr. Raval and the Reply Letter by the Superintendent of Post Office of Rajkot are enclosed herewith for ready reference. (Annexure- VA and B)
The respected members of Governing Body were misguided by Dr. Agrawal. They decided to cancel the appointment and re-advertise the post. It is mentioned in the Minutes of the Meeting of the Fourth Governing Body (Annexure- VI) that “For the other post of English (UR), six candidates applied, however only five candidates appeared for the interview. Thus for the post of Assistant Professor in English, a wide choice was not available due to inadequate number of applicants. The English is a very popular subject, so if the posts are re-advertised there is a possibility of receiving sufficient number of applications for a good choice. Under such situations, it was proposed that the two posts of English may be re-advertised. The issue was deliberated at a length and after consideration it was unanimously approved that the two posts of English shall be re-advertised.” But after examining the matter and all the documents regarding the appointments of Assistant Professors in the college, it becomes clear that,
1. There are differences between the proposed matter in the agenda of the Fourth Governing Body and the resolution regarding my selection as mentioned in the Minutes of the same. Please examine page no. 2 to 5 of Annexure IV and page no. 3 of Annexure- VI.
2. Most of the members present in the Meeting of Fourth Governing Body were also the members of the Selection Committee including the Collector, Secretary of Education and Hon. Administrator. It surprises me that the persons who selected me in the interview had rejected my appointment in the Meeting of Governing Body.
3. If there were insufficient number of candidates, the principal might have suggested the selection committee to cancel the interview.
4. Regarding the insufficient number of candidates in my interview, it is shockingly submitted that, a) There were only three candidates in the Interview for the Assistant Professor conducted on 13th July, 2011(Annexure-VII) at Secretariat, Silvassa. b) On 12th July, 2012, there were only two candidates (Annexure-VIII) appeared in the Interview for the Assistant Professor conducted at Secretariat, Silvassa c) As per the Minutes of the Interview for the Assistant Professor conducted on 3rd October, 2012, there were only two candidates. (Annexure-IX) d) It is also shocking that in an Interview for the Post of Assistant Professor in Computer Applications, there was only one candidate and surprisingly he was selected for the post
5. As per the agenda of the Meeting of Fourth Governing Body (Dated. 30th July, 2013), the then Principal Dr. Agrawal proposed that my appointment would be cancelled because I have served legal notice to the members of selection committee. This proposal is illegal, caste-based, discriminatory and unconstitutional.
6. Moreover, it is hereby submitted that Dr. Agrawal misguided the members of Governing Body in such a way that the whole criteria, process of interview and selection of the candidate seems caste-based and discriminatory. Unfortunately, neither the Hon’ble Members of the Selection Committee nor the members of Governing Body take notice of inadequate number of candidates. They did not take notice that no quorum was formed in aforesaid interviews. Therefore, there are different rules applied for the Non-dalit candidates. For them, there is no need of quorum for their appointments. Violating all the rules of UGC and Central Government, these appointments are unconstitutional, illegal and discriminatory.
7. Thrice I was selected for the Post of Visiting Professor in this College and I had served for more than four semesters. I was also selected for the Post of Assistant Professor in English on purely contractual basis for 11 months at Diu College, the institute which is managed by the Government of UTs of Diu, Daman and Dadra and Nagar Haveli. I had also served there. This clearly shows my eligibility and integrity. It also clarifies that these colleges can appoint me for temporary or contractual posts but there is no place or space for a Dalit when the post is permanent.
8. When I was selected for the post of Assistant Professor in English, there were five candidates appeared in the Interview on 2nd July, 2013. (Annexure-X) and the number is appropriate to form a quorum as per the Rules and Regulations by UGC and the Central Government.
9. Moreover, the Minutes of the above-said Interview of Assistant Professor in English on 2nd July, 2013 are deliberately lost by the then Principal. (Annexure XI, A &B). Therefore, it becomes very clear that I was victimized by the then Principal, Dr. Agrawal.
Regarding the illegal appointment during 2012, I had requested to your office on 28th November, 2012 and also sent a reminder on 9th September, 2013 but I had not received any reply from you till date. I once again request you to set up a neutral inquiry to examine the matter and provide me justice.
Looking forward to your prompt and immediate action,
Enclosure: (Jasvantkumar V. Rathod)
1. Advertisement published by the college on 27th June, 2012, (Annexure-I)
2. The UGC Rules and Regulations on Minimum Qualifications for Appointment of Teachers and Other Staff in University and Colleges, 2010 (Annexure-II)
3. UGC, New Delhi’s Letter No. F.9-3/2010 (PS) Misc, dated 1oth October, 2010 (Annexure –III)
4. Agenda of the Meeting of Fourth Governing Body, Dated. 30th July, 2013 (Annexure- IV)
5. The Copies my correspondence to Mr. Raval and the Reply Letter by the Superintendent of Post Office of Rajkot (Annexure- VA and B)
6. A Copy of the Minutes of the Fourth Governing Body, Dated. 30th July, 2013 (Annexure-VI)
7. Minutes of the Selection Committee for the post of Assistant Professor (English) Silvassa College of Higher Learning, Silvassa, dated 13th July, 2011 (Annexure-VII)
8. Minutes of the Selection Committee for the post of Assistant Professor (English) Silvassa College of Higher Learning, Silvassa, dated 12th July, 2012 (Annexure-VIII)
9. Minutes of the Selection Committee for the post of Assistant Professor (English) Silvassa College of Higher Learning, Silvassa, dated 3rd October, 2012(Annexure-IX)
10. Attendance Sheet of Interview for the Assistant Professor conducted on 2nd July, 2013 (Annexure-X)
11. Silvassa College’s Replies to my RTI, dated 14.12.2013 and Letter of Dr. D.C. Agrawal dated 7th March, 2014. (Annexure-XI A & B)
Copy sent to: Hon’ble Secretary, UGC, New Delhi