Understanding the Controversial UGC Draft Guidelines

The Ministry of Education (MoE) has recently clarified its stance on the draft guidelines proposed by the University Grants Commission (UGC) regarding the reservation policy in Higher Education Institutes (HEIs). The guidelines suggest the possibility of de-reserving vacancies meant for SC, ST, and OBC candidates if an adequate number of candidates from these categories are unavailable.

The Draft Guidelines: A Source of Controversy

The 'Guidelines for Implementation of the Reservation Policy of the Government of India in HEIs' are currently open for public feedback. However, they have faced criticism from various quarters, with the Congress alleging a conspiracy to diminish reservation benefits for SCs, STs, and OBCs. The controversy has even prompted the JNU Students' Union to organize a protest against UGC Chairman M Jagadesh Kumar.

Clarity on De-Reservation

Contrary to the concerns raised, UGC Chairman Kumar asserts that there has been no de-reservation of reserved category positions in Central Educational Institutions (CEI) in the past and assures that no such de-reservation is on the horizon. The Ministry of Education emphasizes that, as per the Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019, no reserved post is to be de-reserved.

Understanding the Draft Guidelines

The draft guidelines highlight that a vacancy reserved for SC, ST, or OBC should ideally be filled by a candidate from the respective category. However, it introduces a provision for de-reservation in exceptional cases where a vacancy in a Group A service cannot remain vacant in the public interest. The university must justify and seek approval for de-reservation, ensuring a transparent process.

De-Reservation in Promotion

In cases of promotion, if an insufficient number of eligible SC and ST candidates are available, the draft guidelines allow for de-reservation and selection from other communities. The power to approve de-reservation in such cases lies with the UGC and the Ministry of Education, contingent upon specific conditions being met.

Ensuring Transparency and Approval Process

To prevent misuse, the guidelines specify a rigorous process for de-reservation approval. The proposal must outline efforts to fill the post, reasons for non-availability of suitable candidates, and justification for de-reservation. The involvement of liaison officers and consultation with the Department of Personnel and Training further ensure a fair decision-making process.

While the draft guidelines have stirred controversy, it is essential to understand the nuances and mechanisms in place to maintain the integrity of the reservation policy. The public feedback period provides an opportunity for stakeholders to contribute their perspectives, shaping a policy that upholds inclusivity and fairness in higher education.