No Reserved Posts Can Be De-Reserved: Education Ministry On Draft UGC Guidelines

Soon after its release into the public for feedback, the draft UGC Guidelines have received criticism from various quarters.

On Draft UGC Guidelines, Education Ministry Says No Reserved Posts Can Be De-Reserved (Representational Image)

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Following the controversy erupting after the draft guidelines by the University Grants Commission (UGC) for the implementation of the reservation policy of the government of India in HEIs' proposed that any vacancy reserved for SC, ST and OBC candidates can be declared unreserved if enough candidates from these categories are not available, the Union Ministry of Education has now come up with a clarification stating that no reserved post can be de-reserved, news agency PTI reported. 

Notably, the 'Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)' are in the public domain at the moment for feedback from various stakeholders. 

Soon after the release though, UGC’s new draft guidelines started receiving flak from various quarters in no time. The Indian National Congress swiftly termed the move as a conspiracy framed by the BJP government at the centre to end reservation given to Scheduled Castes, Scheduled Tribes, and Other Backward Classes in higher education institutions. The Congress further alleged the BJP of doing "politics of symbolism" on the issue of dalits, backward classes and tribals.

In protest to the draft guidelines, the JNUSU (JNU Students Union) also staged a demonstration and burnt the effigy of UGC Chairman Mamidala Jagadesh Kumar. The UGC chairman also clarified that there has been no de-reservation policy for reserved candidates in the past in Central Educational Institutions (CEI), and there will be no such de-reservation either. 

"This is to clarify that there has been no de-reservation of reserved category positions in Central Educational Institutions in the past and there is going to be no such de-reservation,” the UGC Chairman said. 

"Reservation in Central Educational Institutions is provided for all posts in direct recruitment in Teacher’s cadre as per the Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019. After enactment of this Act, no reserved post is to be de-reserved. Ministry of Education has given directives to all the CEIs to fill up the vacancies strictly as per the 2019 ACT," the Ministry of Education (MoE) said on X (formerly Twitter). 

As per the new UGC draft guidelines, “A vacancy reserved for SC or ST or OBC cannot be filled by a candidate other than an SC or ST or OBC candidate, as the case may be.”

“However, a reserved vacancy may be declared unreserved by following the procedure of de-reservation where after, it can be filled as an unreserved vacancy. There is a general ban on de-reservation of reserved vacancies in case of direct recruitment. However, in rare and exceptional cases when a vacancy in a Group A service cannot be allowed to remain vacant in public interest, the University concerned may prepare a proposal for de-reservation of the vacancy giving the following information: The proposal will be required to list -- efforts made to fill up the post; reasons why it cannot be allowed to remain vacant and justification for de-reservation,” the draft guidelines state. 

"The proposal for de-reservation in case of Group C or D should go to the Executive Council of the University and in case of Group A or B should be submitted to the Ministry of Education, giving full details, for necessary approval. After receiving the approval, the post may be filled and reservation may be carried forward," the draft guidelines add further. 

As per the guidelines, in case of reserved promotions, if there is a shortage of candidates suitable for the promotion from the SC, ST, categories, such vacancies may be filled with candidates from other categories. On the meeting of certain conditions, the UGC and the Ministry of Education shall be empowered with according approval to the de-reservation of the reserved vacancies in such cases. 

(With inputs from PTI)