UGC’s Draft Guidelines on Implementation of Reservation

Source: This post on Controversy over UGC’s Draft Guidelines on Implementation of Reservation has been created based on the article “Why UGC’s draft guidelines sparked outrage over ‘dereservation’ in faculty recruitment” published in “Indian Express” on 30^th January 2024.

UPSC Syllabus Topic: GS Paper 2 Social Justice – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

News: The article discusses the controversy regarding UGC’s new guidelines on implementation of reservation in higher education.

Background:

The Union government and the University Grants Commission (UGC) recently issued clarifications that faculty positions in universities reserved for SC, ST, OBC, and EWS candidates will not be opened to the general category.

This was in response to a controversy surrounding new draft guidelines on the implementation of reservation in higher education issued by the UGC last month.

Why did UGC Issue The New Guidelines on Implementation of Reservation?

Since the 2006 guidelines of the UGC on implementation of reservation, there have been various changes in this field. For e.g. new DoPT circulars based on court orders.

It was observed that there was confusion regarding the existing rules on implementing reservations. The objective was to develop a fresh set of guidelines that would clarify the latest government position.

The document lists all the court cases and government orders related to the process of implementation of reservation in higher education.

What is The Controversy?

1) Dereservation Provision: The chapter on de-reservation that sparked controversy. It suggested that reserved posts could be dereserved in “exceptional cases”. It states that it can be done if a university can provide adequate justification.

2) Extends to Grade B, C and D Jobs: DoPT permits dereservation for Group A posts in exceptional circumstances. However, the draft UGC guidelines extend this provision to Grade B, C, and D posts.

Note: Dereservation means opening up faculty positions that were originally reserved for specific categories (SC, ST, OBC, EWS candidates) to applicants belonging to the general category if those positions remain vacant despite efforts to fill them.

What Happens to Unfilled Positions in Higher Education Currently?

Although the DoPT already permits dereservation in exceptional circumstances exclusively for Group A posts under the central government, this provision has not been implemented in higher education institutions.

Unfilled quota positions in universities are re-advertised and special recruitment drives are carried out till suitable candidates are identified.

What was The Government’s Reaction?

The Ministry of Education issued a clarification stating there is no new instruction permitting dereservation.

Question for practice:

What led to the controversy regarding UGC’s new guidelines on implementation of reservation in higher education?