Disha Tandon, Pune
The University Grants Commission (UGC) of India recently drafted guidelines regarding the de-reservation of vacancies reserved for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in higher education institutions (HEIs). These guidelines have stirred considerable controversy and received backlash from various quarters, including the Jawaharlal Nehru University Students’ Union (JNUSU).
The draft ‘Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)’ propose that a vacancy reserved for SC, ST, or OBC candidates can be declared unreserved in certain situations. Specifically, if suitable candidates from these categories are not available, and after following a specified procedure, the reserved vacancy may be filled as an unreserved one. This process is known as de-reservation.
According to the draft guidelines, there is a general ban on de-reservation of reserved vacancies in direct recruitment. However, in rare and exceptional cases, when a Group A service vacancy cannot remain vacant in the public interest, the university may prepare a proposal for de-reservation. This proposal must list efforts made to fill the post, reasons why it cannot remain vacant, and justification for de-reservation. For Group C or D positions, the proposal should go to the Executive Council of the University. In contrast, for Group A or B positions, it should be submitted to the Ministry of Education for approval.
In the case of promotion, if sufficient numbers of SC and ST candidates fit for promotion against reserved vacancies are not available, such vacancies may also be de-reserved and filled by candidates of other communities. The power to approve the de-reservation of reserved vacancies in these cases will be delegated to the UGC and the Ministry of Education, provided certain conditions are met.
The draft guidelines also address the issue of shortfall and backlog in reserved vacancy posts. They state that universities should attempt to fill these vacancies by calling for recruitment for a second time as soon as possible.
The UGC guidelines have been met with significant opposition. The JNUSU announced a protest against the guidelines, including burning an effigy of UGC Chairman M Jagadesh Kumar. Critics argue that the proposed de-reservation provision undermines affirmative action and could lead to discrimination against reserved category candidates.
In response to the uproar, the Ministry of Education clarified that no reserved posts would be de-reserved in centrally funded universities. They emphasized that reservation in Central Educational Institutions (CEI) is provided for all posts in direct recruitment in the Teacher’s cadre as per the Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019. After this Act’s enactment, no reserved post is to be de-reserved, and all vacancies must be filled strictly as per the 2019 Act.
UGC Chairman M Jagadesh Kumar also clarified that there has been no de-reservation of reserved category positions in Central Education Institutions in the past, and there will be no such de-reservation in the future. He emphasized that the draft was simply a proposal and that anything related to de-reservation would be removed from the final document.
The draft guidelines were intended for public feedback until January 28, following their release in December of the previous year. They were prepared by a four-member committee headed by Dr. H S Rana, Director of the Institute of Public Administration. The committee’s aim was to compile a formal compendium of guidelines on implementing reservation in universities to eliminate confusion due to multiple circulars and court judgments.
In summary, the proposed UGC draft guidelines on de-reservation of reserved vacancies in HEIs have sparked significant debate and opposition, leading to clarifications and reassurances from both the Ministry of Education and the UGC. The controversy highlights the complexities and sensitivities involved in implementing affirmative action policies in education.