Lok Sabha Question No. 1559 (UNSTARRED), answered on 2019-07-01
Subject: Calculating Vacancies
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: H. Vasanthakumar

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT

## DEPARTMENT OF HIGHER EDUCATION LOK SABHA UNSTARRED QUESTION No.1559 TO BE ANSWERED ON 01.07.2019

## Calculating Vacancies

1559.SHRI H.VASANTHAKUMAR:

Will the Minister of HUMANRESOURCE DEVELOPMENT be pleased to state: (a)  whether  the  Government  has  asked  the  University  Grants  Commission  (UGC)  to convey  to  all  Universities  to  start  its  process  of  teachers'  appointment  by  calculating vacancies based on individual departments; (b) if so, the details thereof and the steps being taken by the Government so far; (c) the number of Universities and colleges that are going ahead with the appointments and  calculating  the  vacancies  on  the  basis  of  departments  which  may  affect  the representation of SC/ST candidates and if so, the details thereof; and (d)  whether  the  commission  had  announced  that  an  individual  department  should  be considered as the base unit to calculate the number of teaching posts to be reserved for

Scheduled Caste and Scheduled Tribe candidates and if so, the details thereof?

## ANSWER

## MINISTER OF HUMAN RESOURCE DEVELOPMENT (SHRI RAMESH POKHRIYAL 'NISHANK' )

(a)  to  (d):  The  Central  Universities  had  been  issuing  their  advertisements  for  teaching posts  since  2006  after  preparing  the  reservation  rosters  taking  'University'  as  a  unit  in accordance with University Grants Commission (UGC) guidelines of 2006. An  advertisement  of  Banaras  Hindu  University  for  the  post  of  teachers  was challenged before Hon'ble Allahabad High Court by way of the W.P. No. 43260 of 2016 contending that reservation for the SC/ST/OBC ought to have been applied by treating the  post  of  different  levels  in  each  subject/department  as  a  unit  and  not  the  whole university as a unit. The  Hon'ble  Allahabad  High  Court  in  its  order  of  W.P.No.43260  of  2016  dated 07.04.2017 quashed these guidelines of UGC and instructed that the unit for reservation roster should be Department/ subject. Implementation of these orders would have led to

grave miscarriage of justice for the SCs/ STs/ SEBCs. Hence, challenging the orders of the Hon'ble Allahabad High Court, SLP Nos. 14318 dated 16.04.2018 and 14099 dated 12.4.2018  were  filed  by  Ministry  of  Human  Resource  Development  (MHRD)  and University Grants Commission respectively in the Hon'ble Supreme Court. These SLPs on  22.01.2019.  Subsequently  both  MHRD  and  UGC  had  filed  review were  dis missed petitions, which were dismissed on 27.02.2019. In  order  to  protect  the  rights  of  the  SCs,  STs  and  SEBCs,  and  to  ensure  their adequate  representations  in  teaching  positions,  the  Central  Educational  Institutions (Reservation  in  Teachers'  Cadre)  Ordinance,  2019  was  promulgated  by  the  Hon'ble President on 7 th March, 2019 to ensure preparation of the reservation roster considering the  University/  College  as  a  Unit.  Hence  the  unit  of  reservation  will  be  University/ Institution and not Department/ Subject. The Notice for replacement of the Ordinance by the Bill has already been given in the Lok Sabha. In  pursuance  to  the  Ordinance,  on  7 th March,  2019,  the  Ministry  of  Human Resource  Development  has  issued  directives  to  the  University  Grants  Commission  to start  the  recruitment  with  immediate  effect.  The  University  Grants  Commission  has reiterated  the  instructions  to  all  the  University  on  8 th March,  2019  to  implement  the reservation of posts in direct recruitment by considering the University/College/Institution

as one unit.

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