Lok Sabha Question No. 3462 (UNSTARRED), answered on 2021-03-17
Subject: De-reservation of Reserved Vacancies
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Rajveer (Raju Bhaiya) Singh, Sangeeta Kumari Singh Deo, Raja Amareshwara Naik, Nisith Pramanik, Jayanta Kumar Roy, Bhola Singh, Sukanta Majumdar, Vinod Kumar Sonkar, Sarmistha Sethi

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

## GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL AND TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 3462

(TO BE ANSWERED ON 17.03.2021)

## DE-RESERVATION OF RESERVED VACANCIES

## 3462. SHRI RAJVEER SINGH (RAJU BAAIYA):

SHRIMATI SANGEETA KUMARI SINGH DEO:

SHRI RAJA AMARESHWARA NAIK:

SHRI NISITH PRAMANIK:

DR. JAYANTA KUMAR ROY:

SHRI BHOLA SINGH:

DR. SUKANTA MAJUMDAR:

SHRI VINOD KUMAR SONKAR:

SHRIMATI SARMISTHA SETHI:

Will the PRIME MINISTER be pleased to state:

- (a) whether there is a general ban on de-reservation of reserved vacancies in case of direct recruitment and if so, the details thereof;
- (b) whether  there  is  no  SC/ST/OBC  quota  in  Indian  Institute  of  Technology  (IITs)  for recruiting senior faculty posts;
- (c) if  so,  whether the IITs are allowed to de-reserve entry level posts after one year of not finding suitable SC/ST/OBC candidates and if so, the details thereof;
- (d) whether the Government appointed committee tasked to look into 'effective implementation of reservation'  in  student  admissions  and  faculty  positions  at  IITs  has submitted its report and if so, the details thereof;
- (e) whether the committee had suggested to exempt the 23 IITs from reservations altogether under the Central Educational Institutions (Reservation in Teachers' Cadre) Act 2019 and if so, the DOPT's reaction thereto; and
- (f) the  other  steps  being  taken  by  the  Government  in  this  regard  including  the  comments from other Government ministries?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a):    Yes,  Sir.  Department  of  Personnel  and  Training  (DoPT),  vide  Office  Memorandum No.36020/2/2007-Estt(Res), dated 7 th December, 2009, has put a general ban on de-reservation of reserved vacancies in case of direct recruitment.

(b) to (f):  As Informed by the Ministry of Education, in recruitment to teaching (faculty) posts, IITs were earlier guided by the communication, dated 09.06.2008, issued by the Department of Higher Education, which, inter alia , provides as under -

- (i) In  recruitment  to  the  posts  of  Assistant  Professor  and  Lecturers  in  Science  and Technology  subjects  in  IITs,  15%,  7 1/ 2% and  27%  reservation  for  SCs/STs/OBCs, respectively,  shall  be  applied  to  these  posts  filled  up  as  a  whole  during  a  year. Reservation shall be applied, to the extent possible at the school or board Branch of Engineering level at least, if not at the level of an individual Department.
- (ii) If,  despite  efforts  made  as  per  (i)  above,  vacancies  of  Assistant  Professors  and Lecturers filled up in a given year do not have representation of SCs/STs/OBCs to the extent of the laid down percentages due to non-availability of suitable candidates of these categories, such vacancies could be got de-reserved in the next year.
- (iii) Posts of Associate Professors and Professors in Science and Technology subjects in IITs  shall  be  exempted  from  reservation  as  per  DoPT  Office  Memorandum  dated 23.06.1975, read with Office Memorandum dated 13.05.1994.

It  has  further  been  informed  that  after  notification  of  the  Central  Educational  Institutions (Reservation  in  Teachers'  Cadre)  Act,  2019,  IITs  have  been  requested  by  the  Department  of Higher  Education  to  Comply  with  the  provisions  of  reservation,  issued  vide  letter,  dated 18.11.2019,  which,  inter  alia,  conveys  that  in  consonance  with  Section  3(1)  of  the  Act,  there shall be reservation of Posts in direct recruitment of SCs, STs and OBCs out of the Sanctioned Strength in the teachers' cadre in the Central Educational Institution to the extent as follows -

- (i) Fifteen per cent for SCs;
- (ii) Seven and one-half per cent for STs;
- (iii) Twenty-seven per cent for Socially and Educationally Backward Classes.

As informed, in order to consider all aspects, including the aspect of effective implementation of reservation, a Committee was constituted on 23.04.2020 under the Chairmanship of Director, IIT, Delhi, which submitted its report on 17.06.2020. The report of the Committee was circulated to all concerned Ministries and their comments obtained. No decision has  been  taken  by  the  Department  of  Higher  Education  on  the  recommendations  of  the Committee.

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