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Business News/ Education / News/  No ST, SC, OBC reserved vacancies can be de-reserved: Govt clarifies on UGC draft guidelines after backlash
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No ST, SC, OBC reserved vacancies can be de-reserved: Govt clarifies on UGC draft guidelines after backlash

The Ministry of Education Sunday clarified that no reserved posts can be de-reserved after draft guidelines by the 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

If approved, the guidelines will be extended to all the central universities, deemed-to-be-universities, and other autonomous bodies/institutions under the central government or those receiving grants-in-aid from the UGC, central government, or consolidated fund of IndiaPremium
If approved, the guidelines will be extended to all the central universities, deemed-to-be-universities, and other autonomous bodies/institutions under the central government or those receiving grants-in-aid from the UGC, central government, or consolidated fund of India

The Ministry of Education 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.

"Reservation in Central Educational Institutions (CEI) 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 tweeted on X, formerly known as Twitter.

Earlier on December 27, the UGC issued draft guidelines for de-reserving vacancies meant for scheduled caste (SC), scheduled tribe (ST) and Other Backward Class (OBC) candidates in higher education institutes (HEIs) and open them up for the general category if enough reserved candidates are not available.

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The ‘Guidelines for Implementation of Reservation Policy of the Government of India in Higher Education Institutes (HEIs)’ was released in the public domain for feedback in December, last year. The last date for providing public opinion ends today.

The draft guidelines state, "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 the 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 draft guidelines read.

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"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.

The draft guidelines also talk about shortfall and backlog in reserved vacancy posts and state that universities should try to fill the vacancies by calling for recruitment for the second time as soon as possible.

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“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 guidelines read.

Power to Accord Approval to De-reservation

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

"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 SC, ST of the university. The proposal for de-reservation is agreed upon by the appropriate authority in UGC and the Ministry of Education.

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"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.

If approved, the guidelines will be extended to all the central universities, deemed-to-be-universities, and other autonomous bodies/institutions under the central government or those receiving grants-in-aid from the UGC, central government, or consolidated fund of India.

The guidelines have been receiving backlash from several quarters. The JNU Students' Union (JNUSU) has announced a protest against it and will be burning an effigy of UGC Chairman M Jagadesh Kumar.

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Published: 28 Jan 2024, 04:59 PM IST
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