Lok Sabha Question No. 5733 (UNSTARRED), answered on 2018-04-02
Subject: Reservation in Educational Institutions
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: ASHOK MAHADEORAO NETE

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION

## LOK SABHA UNSTARRED QUESTION NO. 5733 TO BE ANSWERED ON 2.4.2018

## RESERVATION IN EDUCATIONAL INSTITUTIONS

## †5733. SHRI ASHOK MAHADEORAO NETE:

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:

- (a)  whether  the  Government  has  taken  any  steps  to  ensure  reservation  in  admission  of Scheduled Castes in educational institutions such as schools, colleges, universities, vocational institutes, medical and engineering colleges;
- (b) if so, the details thereof as on date; and
- (c) if not, the reasons therefor?

## MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT

## ANSWER ( DR. SATYA PAL SINGH )

(a)  to  (c)  The  Government  of  India  assists  the  States/UTs  in  the  implementation  of  the Sarva  Shiksha  Abhiyan  programme  for  universalization  of  elementary  education  in  the country. Section 3 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 stipulates  that  every  child  of  the  age  of  6  to  14  years  shall  have  a  right  to  free  and compulsory education in a neighbourhood school till completion of elementary education. Section  12(1)(c)  of  the  RTE  Act,  2009  provides  for  admission  of  children  belonging  to weaker sections and disadvantaged groups in the neighbourhood private unaided schools in Class  I  or  below  to  the  extent  of  at  least  25  percent  of  the  strength  of  that  class. The provision  is  not  applicable  in  Jammu  &  Kashmir.  The  definition  of  'child  belonging  to disadvantaged  group'  includes  a  child  belonging  to  Scheduled  Castes  (SC)/Scheduled Tribes(ST); and now, children with special needs also.

Reservation  for  disadvantaged  groups  and  weaker  sections  in  schools  is  regulated  and governed by the State RTE rules and notification. For Admission in Navodaya Vidyalaya Samiti there is a provision for reservation of seats for SCs and STs candidates in proportion to their population in the district but not less than the national average. For Admission in Kendriya Vidyalaya Sangathan (KVS) 15% seats for SCs and 7.5% for STs are reserved in all  fresh  admissions.  The  Central  Board  of  Secondary  Education  (CBSE)  Affiliation  ByeLaws-Rule  12  inter  alia  prescribe  that  'as  regards  reservation  for  SC/ST  students  is concerned, it shall be governed by the Education Act/Rules applicable to the State/U.T. where the school is situated.'

For  Redressal  of  grievances  relating  to  the  provisions  of  the  RTE  Act,  the  National Commission  for  Protection  of  Child  Rights  (NCPCR)  at  the  national  level  and  State Commission for Protection of Child Rights (SCPCR) and the Local authorities, have been designated as the grievance redressal authorities.

The Central Educational Institutions (CEI) (Reservation in Admission) Act, 2006 provides reservation  for  students  belonging  to  the  Scheduled  Castes,  Scheduled  Tribes  and  Other Backward Classes (OBC) in Central Educational Institutions (CEIs) established, maintained or aided by the Central Government. As per the CEI (Reservation in Admission) Act, 2006 read with the Central Educational Institutions (Reservation in Admission) Amendment Act, 2012, Out of annual permitted strength in each branch of study or faculty, 15% seats are to be reserved for Scheduled Castes, 7.5% for Scheduled Tribes and 27% for Other Backward Classes. Reservation in admission in State Government controlled and State Government funded institutions are guided and regulated by the respective State Governments.

University Grants Commission (UGC) issues the various instructions from time to time to all      Universities      regarding  implementation  of  reservation  policy  in  teaching  and  nonteaching posts as well as admission to all level courses except in Minority Institutions under Article 30(1) of the Constitution.

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