Lok Sabha Question No. 1536 (UNSTARRED), answered on 2019-07-01
Subject: Implementation of Reservation Roster
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: Ganesh Singh

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

## LOK SABHA UNSTARRED QUESTION No.1536

## TO BE ANSWERED ON 01.07.2019

## Implementation of Reservation Roster

- †1536.SHRI GANESH SINGH: Will the Minister of HUMANRESOURCE DEVELOPMENT be pleased to state: (a)  whether a cadre or unit 'University/college' should have been constituted to ensure the implementation of reservation roster points under section (6c) and section8(a) (v) of the UGC guidelines 2006 pertaining to implementation of reservation in various teaching posts in Central Universities; (b) if so, the details thereof; (c) the details of appointments made till 28th February, 2019, university-wise; (d)  whether  the  Government  had  directed  to  institutions  to  postpone  the  recruitment process; (e) if so, the details thereof; (f) whether the Government has undertaken any study pertaining to appointments to the reserved posts for various teaching posts following implementation of 13 point roster; and (g) if so, the details thereof?

## ANSWER

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

- (a)  &  (b):  Under  Articles  15  and  16  of  the  Constitution,  the  Government  is  required  to make special provisions for protecting the rights of Scheduled Castes (SCs), Scheduled Tribes (STs), Socially and Educationally Backward Classes (SEBC) for safeguarding their interests. Vide order dated 07.04.2017 in W.P. No.43260 of 2016, Hon'ble Allahabad High

Court  had  directed  that  the  reservation  rosters  should  be  prepared  considering  the Department/Subject as a unit instead of the University as a whole. Implementation of this judgement  would  have  amounted  to  grave  miscarriage  of  justice  for  the  SCs/STs  and

OBCs. Hence, 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  (UGC)  respectively  in  the  Hon'ble  Supreme  Court.  These  SLPs  were dis missed on 22.01.2019. Subsequently both MHRD and UGC had filed review petitions, which were dismissed on 27.02.2019.

(c):  The  details  of  the  appointment  made  till  01.04.2019  in  the  Central  Universities  are available at https://www.ugc.ac.in/pdfnews/4526671\_LSPQ -No -1536 -Annexure -1 -TEACHING -POSITION -IN -CU -AS -ON -01 -04 -2019.pdf .

(d) & (e): Directives were issued by the University Grants Commission on 19.7.2018, to the Universities to postpone the recruitment process, if it is already underway, till further orders.

Subsequently  based  upon  the  analysis  of  the  result  of  preparing  the  roster  by considering  the  Department/  College  as  a  unit  and  dismissal  of  the  review  petition,  to protect  the  rights  of  the  SCs,  STs  and  SEBCs,  the  Central  Educational  Institutions (Reservation in Teachers' Cadre) Ordinance, 2019 was promulgated on 7 th March, 2019 by the Hon'ble President to ensure preparation of the reservation roster considering the University/ Department as a Unit. 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/ Colleges/ Institution as one unit.

The Notice for replacement of the Ordinance by the Bill has already been given in the Lok Sabha.

(f) & (g): An analysis was done of the impact of changing the roster from the university to the department in 21 Central Universities. The study conducted by the UGC show that the  implementation  of  the  reservation  policy  by  taking  each  department  as  a  unit  will impede the chances of fair selection of SCs/STs as well as SEBCs and seats will reduce drastically  in  the  cadre  of  Assistant  Professors  to  even  nil  in  some  cadres.  In  order  to safeguard the interest of these categories, an Ordinance was promulgated on 7 th March, 2019 which is now placed for replacement as a Bill.

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