Reservation for Teaching and Non Teaching Cadre in UGC

University Grants Commission (UGC) had issued guidelines to implement Reservation Policy for the Scheduled Castes (SCs) and Scheduled Tribes (STs) to all teaching and non-teaching posts

GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER EDUCATION

RAJYA SABHA

UNSTARRED QUESTION No.2792
TO BE ANSWERED ON 12.12.2019

SC/ST reservation in teaching and non-teaching cadre

2792. SHRI K. SOMAPRASAD

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state

(a) whether Government has noticed the UGC instruction to implement SC/ST reservation in the teaching and non-teaching cadre, if so, the details of action taken;

(b) if not, the reasons therefor;

(c) whether the above instruction is applicable in the case of minority status institution, if so, the details thereof and the action taken report thereto; and

(d) if not, the reasons therefor?

ANSWER

MINISTER OF HUMAN RESOURCE DEVELOPMENT
(SHRI RAMESH POKHRIYAL ‘NISHANK’)

(a) & (b) The University Grants Commission (UGC) had issued guidelines vide letter No. F.1-5/2006(SCT) dated 25th August, 2006 to all Central Universities/Deemed to be Universities and State Universities for ensuring implementation of Reservation Policy for the Scheduled Castes (SCs) and Scheduled Tribes (STs) to all teaching and non-teaching posts. These guidelines inter-alia provided for preparation of reservation rosters by considering a University as a ‘Unit’.

The Hon’ble Allahabad High Court in its judgement to W. P. No. 43260 of 2016 dated 7.04.2017, ruled that reservation rosters should be prepared by considering the Department as a ‘Unit’ instead of University as a ‘Unit’. Implementation of this judgement would have adversely affected the representation of SCs and STs in faculty recruitment. SLPs and Review Petitions filed by Ministry of Human Resource Development and UGC, against the impugned judgement, were dismissed by the Hon’ble Supreme Court.

To uphold the Constitutional Provisions for safeguarding the interests of SCs/STs and Socially and Educationally Backward Classes the Central Educational Institutions (Reservation in Teachers Cadre) Ordinance, 2019 was promulgated on 7.3.2019. The same was subsequently repealed and the Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019 was notified on 9.7.2019 to ensure preparation of rosters by considering the University as a ‘Unit’.

(c) & (d) The provisions of reservation are not applicable to the Minority institutions covered under Article 30(1) of the Constitution.

Source: Rajya Sabha

Also check the following links related to this topic:

Cabinet approves Reservation in Teachers’ Cadre Ordinance, 2019

Penal Provisions for Violation of Reservation in Promotion

Union Cabinet approved extension of SC/ST Reservation in the Lok Sabha & state assemblies for 10 years

Reservation Provisions for SCs/STs/OBCs – Lok Sabha QA