No reserved posts can be de-reserved: Education ministry on draft UGC guidelines

New Delhi: The Ministry of Education (MoE) on Sunday clarified that no reserved posts can be de-reserved after draft guidelines by the University Grants Commission (UGC) 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 'Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)' are in the public domain for feedback from stakeholders.

The draft guidelines have drawn flak from several quarters. The Congress alleged there is a "conspiracy" to end reservation given to SCs, STs and OBCs in posts in higher education institutions and that the Modi government is only doing "politics of symbolism" on the issues of Dalits, backward classes and tribals.

The JNU Students' Union (JNUSU) has announced a protest against UGC Chairman M Jagadesh Kumar on the issue on Monday.

Kumar also clarified that there has been no de-reservation of reserved category positions in Central Educational Institutions (CEI) in the past and there is going to be no such de-reservation.

"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 wrote on X.

The UGC chairman also posted: '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.

"It is important for all HEIs to ensure that all backlog positions in the reserved category are filled up through concerted efforts."

According to new draft guidelines by the UGC: "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 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 added.

In case of promotion, if sufficient numbers of SC and ST candidates fit for promotion against reserved vacancies are not available, such vacancies may be de-reserved and filled by the candidates of other communities.

The power to accord approval to the de-reservation of the reserved vacancies in such cases will be delegated to UGC and the Ministry of Education if certain conditions are met.

"The proposal can be considered if no candidate belonging to the category for which the vacancy is reserved is available within the zone of consideration or extended zone of consideration or eligible for promotion in the feeder cadre specified in the recruitment rules."

"The approval for de-reservation has been seen and concurred in by the liaison officer for SCST of the university. The proposal for de-reservation is agreed by the appropriate authority in UGC and the Ministry of Education."

"In case of disagreement between the appointing authority and the liaison officer for SC, ST of the university, the advice of the Department of Personnel and Training is obtained and implemented," the guidelines added.