UGC’s Draft De-Reservation Guidelines

January 29, 2024

Recently, the Ministry of Education responded on its official Twitter handle to clarify that there has been no change in the reservation policy for central educational institutions. “After enactment of this Act, no reserved post is to be de-reserved. Ministry of Education has given directives to all the CEIs to fill up the vacancies strictly as per the 2019 ACT,” the ministry tweeted. This statement came after heavy backlash from students over the UGC’s draft guidelines that proposed de-reserving vacant reserved category seats.

Draft Guidelines Sparked Controversy Over Implications

The controversial draft ‘Guidelines for Implementation of the Reservation Policy’ were released by the UGC in December 2023. They proposed de-reserving vacant reserved category seats in higher education institutions after reasonable efforts to fill them. This sparked criticism as groups expressed worries over potential dilution of reservation policies due to these guidelines.

No Clarity Over Applicability of Guidelines

While the UGC draft attracted outrage, there has been no clarity whether it would be binding on all higher education institutions. As education is on the concurrent list, states can formulate their own reservation policies. Experts pointed out that the UGC can only issue suggestive guidelines for centrally-funded institutions. This aspect requires further clarification from authorities.

Social Justice At Stake

Student groups and activists argued that de-reservation of seats defeats social justice envisaged through reservation. They asserted that reservation aims to make education inclusive by providing representation to marginalized sections. Diluting reservation through exclusionary administrative measures undermines this constitutional goal of promoting equality.

Meritorious Reserved Category Students Overlooked

Experts also pointed out that they have come across meritorious students from reserved backgrounds who could not get seats due to vacant positions. De-reserving such seats ignores the abundance of talent among marginalized communities. It further reduces access to higher education for such capable students due to a procedural technicality.

Inadequate Efforts to Fill Reserved Seats

Activists questioned if adequate efforts are made by institutions to fill reserved category seats before dereserving them. They highlighted lack of effective outreach and counseling to ensure maximum filling of reserved seats. De-reservation then allows institutes to conveniently bypass responsibilities to implement reservation.

Dereservation Defies Legal and Constitutional Protections

Critics said the UGC’s dereseration formula violates legal and constitutional safeguards for reservation. The Supreme Court has upheld reservation as intrinsic to the right to equal opportunity in public employment and education under Articles 16(4) and 15(4). Dereservation without exhaustive efforts to fill reserved seats renders these protections meaningless.

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