UGC Draft Guidelines Allow De-reservation of Reserved Vacancies in Higher Education Institutes

The University Grants Commission (UGC) has introduced new draft guidelines that permit the declaration of a vacancy reserved for SC, ST, or OBC candidates as unreserved if an insufficient number of candidates from these categories are available. The ‘Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)’ are currently open for public feedback.

These guidelines have faced criticism from various quarters, with the JNU Students’ Union (JNUSU) announcing a protest against them. As a symbolic gesture, the union plans to burn an effigy of UGC Chairman M Jagadesh Kumar. Despite the backlash, Kumar has not provided any reaction to the criticism of the guidelines.

According to the draft guidelines, a reserved vacancy for SC, ST, or OBC candidates cannot be filled by a candidate outside of these categories. However, the guidelines outline a procedure for de-reservation, wherein a reserved vacancy can be declared unreserved and filled as such if necessary.

The guidelines also mention that there is a general ban on de-reservation of reserved vacancies in direct recruitment. However, in exceptional cases for Group ‘A’ services, if a vacancy cannot be allowed to remain vacant in public interest, the University may propose de-reservation. The proposal needs to detail efforts made to fill the post, reasons for not allowing it to remain vacant, and justification for de-reservation. For Group ‘C’ or ‘D’, the proposal goes to the Executive Council of the University, while for Group ‘A’ or ‘B’, it is submitted to the Ministry of Education for necessary approval. Once approved, the post may be filled, and reservation may be carried forward, as per the draft guidelines.