UGC suggests de-reserving faculty posts if reserved candidates not available
This new significant proposal, which is part of the changes suggested by an expert committee reviewing the current reservation policy from 2006 in HEIs, is receiving a lot of backlash
A vacancy reserved for SC or ST or OBC candidates in higher educational institutions can be declared unreserved and opened up for general category if enough reserved candidates are not available.
This new significant proposal is part of the changes suggested by an expert committee set up by UGC to prepare and review the current reservation policy from 2006 in higher educational institutions (HEIs). The draft guidelines titled 'Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)' were released on the UGC website (ugc.gov.in) on December 27 and the last date to submit public opinion ended on January 28.
The guidelines dealing with de-reservation have been receiving backlash from several quarters. The JNU Students' Union (JNUSU), for instance, has announced a protest against it and will be burning an effigy of UGC Chairman M Jagadesh Kumar.
Rare and exceptional cases
What is significant about these new draft guidelines is the introduction of de-reserving vacancies meant for SC, ST and OBC candidates in HEIs.
According to the draft, there is a general ban on de-reservation of reserved vacancies in direct recruitment, but in "rare and exceptional cases" when a vacancy in Group A post cannot be allowed to remain vacant in public interest, the university concerned may prepare a proposal for de-reservation.
However, the university has to first give information like the designation, pay scale, name of the service, responsibilities, duties and responsibilities attached to the post, required educational and other qualifications, efforts made to fill the post, and why it cannot be allowed to remain vacant, justification for de-reservation.
De-reserving Group C and D posts can be approved by the executive council of the university, while for Group A and B posts, the proposal for de-reservation should be submitted to the ministry of education, offering the complete details for approval. After approval, the post may be filled and quota may be carried forward, the draft said.
De-reservation in promotions
The draft also talks about de-reservation in promotions, if not enough SC/ST candidates are fit for promotion against reserved vacancies. In this case, the UGC/ministry of education has to give the approval for the de-reservation of reserved vacancies. The draft also refers to the number of vacancies in researved posts in universities.
The proposal can be considered if no candidate belonging to the category for which the vacancy is reserved is available within the zone of consideration or extended zone of consideration or eligible for promotion in the feeder cadre specified in the recruitment Rules.
"The approval for de-reservation has been seen and concurred in by the liaison officer for SC,ST of the university. The proposal for de-reservation is agreed by the appropriate authority in UGC and Ministry of Education," said the draft.
"In case of disagreement between the appointing authority and the liaison officer for SC, ST of the university, the advice of the Department of Personnel and Training is obtained and implemented," the guidelines added.
Challenging reservation
These guidelines are applicable to all central universities, deemed-to-be-universities, and other autonomous institutions governed by the government of India.
A social media user adding the chapter on de-reservation to his post on X said, “For the first time there is a proposal that directly challenges reservation. A reserved seat should not made convertible at any cost because there are enough general class controlling the universities who deprives the reserved to go at the top by any means and this draft facilitates them.”
UGC reviews current reservation policy
According to the UGC, the main reason they formed an expert committee is to "prepare and review the current reservation guidelines from 2006".
The UGC notice said that these guidelines were being framed under the "most recent office record and various memorandums, court decisions, and to carry out the provisions of the Constitution in the interests of the weaker sections of society." Here is what the UGC posted on its website asking for feedback on its draft guidelines:
