UGC Letter reg: Implementation of Reservation Policy of the Government of India.

No.F.1-5/2006(SCT)

05 March, 2018

The Registrar(s)
All Central Universities
All State Universities receiving grant-in-aid
Deemed to be Universities receving grant-in-aid by UGC/Government
Inter University Centres of UGC

Subject: Implementation of Resenation Policy of the Government of India – Reg.

Sir/Madam,

With reference to the above subject, I am to inform that for implementation of reservation policy of the Central Government. MHRD vide order No.6-30/2005-U5 dated 6th December, 2005 directed the UGC to ensure effective implementation of the reservation policy in the Central Universities and those of Institutions Deemed 10 Universities receiving aid from the public funds except in minority institutions under Article of the Constitution. Accordingly, UGC, vide letter No.1-5/2006(SCT) dated 25-08-2006, circulated new Guidelines for strict implementation of Reservation Policy of the Government. This has been further reiterated by MHRD O.M.No.12-60/2013-UI dated 25-6-2013.

The Ministry of Human Resource Development vide its letter No. 1-7/2017-CU.V dated 06-09-2017 has directed the UGC to examine the issues mentioned in judgments (10 in number) quoted by the Hon’ble High Court Of Allahabad, in its order dated 07-04-2017 and submit its recommendations to MHRD for their consideration and appropriate decision.

Accordingly, UGC had constituted a Committee and submitted its recommendations to Ministry of Human Resource Development on 07-11-2017. Thereafter, in compliance of the judgement Of the Allahahad High Court upheld by the Hon’ble Supreme Court Of India and in view of tendered by the DOPT and recommendations Of the UGC, MHRD vide its O.M.No.1-7/2017-CU.V dated 22.2.2018; has intimated that the department’s O.M. No.12-60/2-13-UI dated 25-06-2013 stands amended to the extent mentioned below in the UGC guidelines 2006, in accordance with the recommendations of the UGC, which are as under:

“(i) Clause 6(c);
In case of reservation SC/ST, all the Universities, Deemed to be Universities, Colleges and other Grant-in-Aid institutions and Centres shall prepare the roster system keeping the Department Subject as a unit for an levels of teachers as applicable.

(ii) Clause 8(a)(v):
The roster, department-wise, shall be applied to the total number of posts in each of the categories [(e.g.) Professor, Associate Professor, Assistant Professor] within the Department/Subject”.

The above decision may also be circulated to its constituent and affiliated colleges for immediate follow up action.

You requested to prepare fresh within month of receipt of this letter under intimation to UGC.

This isues with the approval of the Competent Authority.

Yours faithfully,
sd/-
(Dev Swarup)

Authority: www.ugc.ac.in

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IMPORTANT SUPREME COURT JUDGEMENT – WITH EFFECT FROM 10.02.1995

RESERVATION IN PROMOTIONS SHOULD BE ROSTER POINT BASED (TOTAL NUMBER OF POSTS SHOULD BE THE BASIS FOR WORKING OUT NUMBER OF POST TO BE EARMARKED FOR EACH CATEGORY IN THE CASTE – WISE RESERVATION ROSTER) AND NOT VACANCY BASED.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 4751-4752/2011

V. LAKSHMIKANTHAN AND ANR.

APPELLANT(S)

VERSUS

UNION OF INDIA AND ORS. ETC.

RESPONDENT(S)

J U D G E M E N T

KURIAN, J.

1. Though several contentions are raised in these appeals, finally the learned counsel for the appellants has come down to one submission, since according to him, he is entitled to succeed on that. That submission pertains to the direction in R.K. Sabharwal and Others v. State of Punjab and Others, (1995) 2 SCC 745, regarding post based roster in the matter of promotions. It was made clear in R.K. Sabharwal (supra) that 10.02.1995 shall be the date for the purpose of following the post based roster. It appears, the Respondent No.2 was still not following the same which led to the decision in Union of India and Ors. v. Virpal Singh Chauhan and Others, (1995) 6 SCC 684. In paragraph 33 in Virpal Singh Chauhan (supra) it was made clear that the Railways

has to follow the principles as laid down in R.K. Sabharwal (supra). Paragraph Nos. 29 and 33 of the same are extracted below:

(Click Here to the View)

Source: Confederation

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