In recent developments, the Ministry of Education and the University Grants Commission (UGC) have officially asserted that there will be no de-reservation of reserved faculty positions in higher education institutions (HEIs). This statement comes in response to a report suggesting the UGC’s release of draft guidelines for de-reserving vacancies in HEIs.
Jagadesh Kumar, Chairman of the UGC, clarified in an interview with ANI that the released guidelines are still in draft form and open for public feedback. He reassured the public that the final document will not include any de-reservations. Kumar emphasized that there has been no de-reservation of reserved category positions in Central Educational Institutions (CEI) in the past and affirmed that no such de-reservation will take place.
The Ministry of Education further supported this stance in a post on X, stating that directives have been issued to all Central Educational Institutions to fill vacancies strictly in accordance with the Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019. The Act ensures reservation for all posts in direct recruitment in the Teacher’s cadre in Central Educational Institutions, and no reserved post is to be de-reserved after the enactment of the Act. All CEIs have been instructed to adhere to the provisions of the 2019 Act while filling up vacancies.
However, the controversy arises from the new draft guidelines proposed by the UGC. According to these guidelines, a vacancy reserved for SC/ST or 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 currently open for feedback from stakeholders.
The proposed guidelines have faced criticism from various quarters, with the JNU Students’ Union (JNUSU) announcing a protest against them. In response to the backlash, UGC Chairman M. Jagadesh Kumar has not provided a reaction.
The draft guidelines outline that a reserved vacancy may be declared unreserved through the process of de-reservation, but there is a general ban on de-reservation in case of direct recruitment. Exceptions are allowed in rare cases when a Group A service vacancy cannot remain vacant in public interest. The guidelines provide a procedure for de-reservation, including listing efforts to fill the post, reasons for not filling it, and justification for de-reservation.
In promotions, if sufficient SC and ST candidates are not available for reserved vacancies, these vacancies may be de-reserved and filled by candidates from other communities. The power to approve de-reservation in such cases will be delegated to UGC and the Ministry of Education, subject to certain conditions.
As the controversy continues, the draft guidelines remain a topic of debate and scrutiny. Stakeholders are encouraged to provide feedback on the proposed guidelines as the UGC considers the finalization of its policy on faculty reservation in higher education institutions.