Home News Reports All you need to know about the ordinance for reverting a court order that had effectively ended reservation in College-University postings

All you need to know about the ordinance for reverting a court order that had effectively ended reservation in College-University postings

The Allahabad High Court order, upheld by SC, had drastically reduced the number of reserved posts in colleges and universities

According to reports, the union government is considering bringing an ordinance to nullify the effect of a recent Supreme Court judgement on reservation in higher educational institutions.

In January this year, the Supreme Court of India had dismissed a petition of central government challenging an Allahabad High Court order to calculate the number of reserved posts in SCs, STs, and OBCs in Universities department-wise, as opposed to the earlier method of calculating the same institution-wise. This order had the far-reaching impact of reducing the number of reserved posts in higher educational institutions by at least 50-60%, and upto 90-95% in many institutions.

The Allahabad High Court order, issued on 7th April 2017, had changed the formula to calculate the number of reserved posts from the earlier 200 point to roster to a 13 point roster system. The order had said that every department in a university or college has to be taken as a separate unit while calculating the number of reserved posts, instead of the earlier practice of taking the whole institution as a single unit. UGC had immediately implemented this order, which had resulted in a drastic reduction in the number of reserved posts in advertisements issued for vacancies in higher educational institutions. Therefore, the government had filed a curative petition in the apex court challenging the Allahabad High Court order. When the Supreme Court rejected the petition, the govt had prepared a bill to restore the original reservation formula, but could not table it in the parliament due to lack of time.

- Ad - - article resumes -

Let us see in detail how the court order reduces the number of reserved posts. As per the current reservation policy, there is 27% reservation for OBCs, 15% reservation for SCs and 7.5% reservation for STs. Now, if the number of reserved posts for any category does not reach at least 1, no reserved post is offered for that category. For example, if there is an advertisement for only 3 posts, there will be no reservation as the number of reserved posts for OBC becomes less than 1. There have to be minimum 4 posts for a 1 reserved post for OBC, minimum 7 posts for 1 reserved post for SCs, and minimum 14 posts for 1 reserved post for STs.

This is how reserved posts are allocated under the current 13 point roster:

1234567891011121314
URURUROBCURURSCOBCURURUROBCURST

*UR=Unreserved

When the entire institution was taken as a unit, there was enough reservation for reserved categories as the number of total posts in an average university or college far exceeds the number of 14. But things change drastically when departments are taken as units, because in many departments in many institutions, the number of teachers may be less than 14. Several less popular departments in average colleges have 2-3 faculty positions, which means these departments don’t have any quota in the current system. Not just caste-based quota, this also affects the newly introduced 10% reservation for economically weaker sections, as if the number of posts in a department is less than 10, there will be no quota under this category.

The situation is worse for universities, because not just departments, even different categories of teaching positions like Assistant Professor, Associate Professor, Professor, etc, are taken as separate units in every department, which means that practically there is no reservation at all in universities under the new formula.

To see how gloomy the picture has become under the new formula, we can see this advertisement for 52 teaching positions issued in April last year by Indira Gandhi National Tribal University.

Recruitment advertisement of Indira Gandhi National Tribal University

Under the old system, there would have been 20 reserved posts as it would have been calculated on the total number of vacancies. But under the new formula, only 1 post for OBC is reserved, while the rest 51 posts are under the unserved category. It’s a big irony that this is the only central university dedicated to tribal studies, but probably there will never be a reserved post for STs if the current formula continues.

Recruitment advertisements issued by several institutions over the last several months tell a similar story, a drastic reduction in the number of reserved category positions. The following table, compiled by Economic and Political Weekly based on recruitment advertisement issued by various institutions, show the effect of the new formula.

Number of reserved posts in job advertisements issued by various educational institutions

The Ordinance to be issued by the government will revert the court order to restore the old 200-point roster for reservation. Human Resource Development minister Prakash Javedkar has said that the ordinance will be brought in two days. The Union Cabinet is expected to recommend the ordinance on Thursday.

March 7, 2019 update: The Union Cabinet today okayed the proposal for ordinance restoring 200-point roster in faculty jobs. 

Help Opindia Reach Every Indian. Share This Post
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Big Story

India has successfully launched its second mission to the moon, the Chandrayaan-2.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

Proud to be a brand - Made in India?
Now, Advertise on Opindia

Sushma Swaraj shuts down trolls

Former EAM Sushma Swaraj shuts down a troll, Irfan Khan, who wishes death upon her

Sushma Swaraj was condoling death of former Delhi BJP President when troll insinuated that she too will die soon.

Omar Abdullah comes in support of Imran Khan who was not given official welcome on arrival in US

Khan's humiliation seems to have affected former Jammu and Kashmir chief minister Omar Abdullah who sprung to his defence
Islamic extremism

Two youths, Shekhar and Basant forced to chant religious slogans by a mob that showed them Tabrez Ansari’s video, stabbed when refused

As Shekhar and Basant refused to raise religious slogans, the angry men reportedly stabbed them with knives.

Netizens ‘express concern’ over Priyanka Chopra’s asthma after a picture where she is smoking cigarette went viral on social media

Twitter users even dug up Chopra's own old tweet condemning smoking where she had claimed she does not smoke. While things could change with time so do personal preferences, the hypocrisy is quite baffling.

Mangalore: Mohammad Ansari rapes a cow by tying its limbs, villagers catch him in the act, arrested

The villagers also made Ansari touch cow’s feet and ask for forgiveness for raping her. However, when Ansari approached the calf, the animal freaked out and started running.

Mangaluru villagers caught Mohammad Ansari raping a calf, police arrests villagers for ‘hurting religious beliefs’

In the Kunjathbail village in Mangaluru, Mohammad Ansari was caught red-handed by the villagers while he was raping a calf.

Class nine student beaten by senior students for protesting ‘Allah Hu Akbar’ during National Anthem singing in school

When a Hindu student protested allah hu akbar chants during national anthem in school, he was badly thrashed by Muslim students

Here are 15 famous quotes from Harsha Bhogle during his commentary stint

The famous Indian commentator, Harsha Bhogle, born on July 19 in Hyderabad is celebrating his 58th birthday today.
Couple forced out of village; husband pressurised to accept wife’s religion

Hindu boy’s family forced out of village for marrying Muslim girl, police advices boy to convert as villagers threaten to kill

Newlywed Hindu boy and Muslim girl approach SSP for protection as villagers threaten to kill them and local police ask the boy to convert
Andrea sobs while pleading that her husband is innocent

Abusive actor Ajaz Khan who was arrested for inciting communal tension was ‘framed’, claims his wife, says he did nothing wrong

Khan was arrested by Mumbai Police on Wednesday last week for posting objectionable videos amounting to communal incitement on Tiktok and other social media websites
Subscribe to Day's Top Stories
- Advertisment -

Latest articles

Connect with us

173,723FansLike
160,032FollowersFollow
74,914SubscribersSubscribe
Help Opindia Reach Every Indian. Share This Post