UGC's Draft Guidelines on De-reservation

• 02 Feb 2024

For Prelims: University Grants Commission's (UGC), Scheduled Castes (SCs), Scheduled Tribes (STs), Reservations

For Mains: Government Policies & Interventions, Issues Related to SCs & STs, Reservation

Source: IE

Why in News?

The University Grants Commission's (UGC) draft guidelines on implementing reservations in higher education have sparked significant debate, largely due to the proposal of 'de-reservation' in certain exceptional cases.

• In response, the Union government and the UGC have clarified that faculty positions in universities reserved for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Economically Weaker Section (EWS) candidates will not be opened to the general category.

Note

• De-reservation refers to the potential removal of reserved seats or quotas allocated to specific categories, such as SCs, STs, OBCs and EWS.

What do the UGC Draft Guidelines Encompass?

• The UGC had tasked a committee, led by Dr H S Rana, the director of the Institute of Public Administration, to formulate new draft guidelines for implementing reservations in higher education, considering the changes and new government instructions since the 2006 guidelines.
  • The aim was to clarify existing rules and incorporate updates from Department of Personnel and Training (DoPT) circulars based on court orders.
• The draft encompasses various chapters covering aspects like quotas in faculty posts, preparation of reservation rosters, de-reservation, verification of caste claims, and reservation in student admissions.
• The chapter on de-reservation is at the centre of the debate, as it suggests that reserved faculty positions could be dereserved in "exceptional cases" with adequate justification from the university concerned.
  • The guidelines state that a vacancy reserved for SC/ST or OBC candidates can be declared unreserved if enough candidates from these categories are not available.
  • Proposals for de-reservation of Group A and Group B level jobs must be submitted to the Education Ministry, while Group C and D level posts require approval from the university's Executive Council.

Why did this De-reservation Chapter cause an Outcry?

• Reasons for Protest:
  • Contrary to current academic practices, where reserved faculty positions are not converted for general candidates, the draft guidelines appeared to pave the way for de-reservation in faculty positions leading to a public outcry.
    • The controversy arose as this provision extended Group A posts to include Group B, C and D.
  • The Education Ministry officially maintains a ban on the de-reservation of reserved vacancies for SC, ST, and OBC in direct recruitment.
    • Historically unfilled quota positions are traditionally re-advertised, and special recruitment drives are conducted until suitable candidates are identified.
  • This was seen as a violation of the constitutional mandate of reservation and a threat to the representation and empowerment of the marginalised communities in higher education.
• UGC and Government's Reaction:
  • In response to the public outcry, the Ministry of Education and UGC swiftly issued clarifications, emphasizing that there is no new instruction permitting de-reservation.
    • The Ministry reiterated that the Central Educational Institutions (CEI) Act, 2019, prohibits the de-reservation of reserved posts, and all vacancies must be filled as per the 2019 Act.
  • UGC Chairman clarified that the guidelines were only in draft form, assuring that any provision related to de-reservation would not be part of the final document.

What is the University Grants Commission?

• The University Grants Commission (UGC) came into existence on 28th December, 1953 and became a statutory Organization of the Government of India by an Act of Parliament in 1956, for the coordination, determination and maintenance of standards of teaching, examination and research in university education.
• The UGC operates under the Ministry of Education, the Central Government appoints a Chairman, a Vice-Chairman, and ten other members to the UGC.
  • The Chairman is chosen from people who are not officers of the Central Government or any State Government.
• Apart from providing grants to eligible universities and colleges, the Commission also advises the Central and State Governments on the measures that are necessary for the development of Higher Education.
• It functions from New Delhi as well as its six Regional offices located in Bangalore, Bhopal, Guwahati, Hyderabad, Kolkata and Pune.
• It also regulates the recognition of fake universities, autonomous colleges, deemed to be universities and distance education institutions.

Constitutional Provisions Governing Reservation

• The Indian Constitution contains several provisions for reservation. Part XVI deals with SC and ST reservations in Central and State legislatures.
• Articles 15(4) and 16(4) enable the reservation of government service seats for SCs and STs.
  • The Constitution 77^th Amendment Act of 1995 introduced Article 16(4A) in the Indian Constitution, allowing the government to implement reservation in promotions.
  • Subsequently, the 85^th Amendment Act of 2001 modified Article 16(4A) to provide consequential seniority to SC and ST candidates promoted through reservation.
• Article 16(4B) allows the state to fill unfilled SC/ST vacancies in the succeeding year, bypassing the 50% reservation cap.
• Articles 330 and 332 provide specific representation for SCs and STs in Parliament and State Legislative Assemblies.
• Panchayats and Municipalities also have reservation provisions under Articles 243D and 243T.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Mains:

Q. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (2018)