AISA calls UGC draft guidelines ‘unconstitutional’, demands withdrawal; chairman clears no de-reservation

NEW DELHI: The All India Students’ Association (AISA) has demanded withdrawal of the University Grants Commission (UGC)’s guidelines on implementation of reservation in higher education institutions. The students’ body said the process of de-reservation would perpetuate inequality, poverty, marginalization and lack of diversity in academic institutions. AISA and other student organisations earlier announced protests against the UGC guidelines on January 29.

According to UGC draft guidelines, a vacancy reserved for SC, ST or OBC candidates can be declared unreserved if enough candidates from these categories are not available.

Also read UGC Draft Guidelines: 'No reserved post to be de-reserved,' says education ministry

“We reiterate that the process for de-reservation lacks clear guidelines, which could lead to misuse and perpetuate inequality. Moreover, de-reservation will perpetuate poverty and marginalization by hindering opportunities for socially and economically disadvantaged communities. It will also lead to a less diversity in academic institutions, which is linked to greater innovation in research and teaching, and impact an inclusive academic environment, affecting decision-making and perpetuating disparities,” the students’ body said in an official statement.

Meanwhile, UGC chairman M Jagadesh Kumar clarified that there has been no de-reservation of reserved category positions in Central Educational Institutions (CEI) in the past and there is going to be no such de-reservation. “It is important for all HEIs to ensure that all backlog positions in reserved category are filled up through concerted efforts,” he said.

UGC Draft Guidelines: 'Lack of consultation'

AISA argued that the education ministry is not inclined to consult with students, academicians and others about the reservation process as the guidelines are only in English language, issued online mode without wide broadcasting in press; and without localized consultations with effected stakeholders. “The initiation of such a consultative process in such a manner is tantamount to non-consultation, and is exclusionary to the vast majority of stakeholders,” it said.

The students’ organization said that the UGC draft guidelines are not legislative in nature and have constitutional repercussions. It believes that a fair consultation policy should have been adopted before putting out the guidelines.

Also read UGC Draft Guidelines: Teachers' bodies oppose "de-reservation" clauses

AISA quoted a statement of the Supreme Court implying that it is the duty of a state to protect the marginalized communities and provide social justice to them. “The de-reservation policy being adopted in Chapter X of this document is an unconstitutional, systemic attack on the social justice policy of reservation,” it stated.

The UGC guidelines provide that Group C and D posts can be de-reserved by the executive council of the university itself and the proposal for de-reservation of Group A and B posts must be submitted to the MoE for approval. AISA, however, finds the criteria to be adopted “utterly vague” and one enabling de-reservation.

UGC Draft on De-reservation: Violation of reservation policy

Commenting on the matter, the students’ group alleged that the UGC guidelines on reservation are in violation of the policy of the Department of Personnel and Training which bans the de-reservation of vacancies reserved for SC, ST and OBC candidates in direct recruitment.

AISA explained that the personnel department memo also mandates carry forwarding of vacant reserved posts to subsequent years as long as they are not filled. It also listed down the rare and exceptional cases in which de-reservation of group A posts is allowed. The students alleged that as per the UGC guidelines, the conditions laid down by the department are not required to be followed.

Also read UGC should uphold the principles of reservations: SFI

“The detailed conditions laid down in the Memorandum are not required to be followed according to the Draft Guidelines which are vague and lack adequate safeguards. Even the de-reservation policy in the context of promotions in the draft guidelines is devoid of adequate safeguards. Moreover, there is no question of de-reservation of Group B/C/D posts in cases of direct recruitment according to the Office Memorandum discussed above, whereas the same is explicitly permitted in the draft guidelines of the UGC,” the students’ organization added.

Furthermore, AISA expressed shock over the reservation guidelines for admissions which note that “Wherein any academic year any seat year marked for SC/ST/OBC / EWS cannot be filled due to nonavailability of a suitable candidate belonging to these categories, the universities may resort to second attempt for SC/ST/OBC and even then the seat is not filled by SC/ST/OBC candidate, the university will make third attempt in that academic year. However, unfilled seats will not be carryforward to the next academic year as backlog”.

The students’ group called it unconstitutional and said that this will result in a lack of fulfillment of reservation policy. “Since these guidelines are applicable to all central universities, deemed-to-be-universities, and other autonomous bodies/institutions under the central government or those receiving grant-in-aid from the UGC, central government, or consolidated fund of India, they will have massive repercussions on reservation policy in Higher education institutions across the country,” AISA stated.