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    BlogLegal BlogsThe Central Educational Institutions (Reservation in Teacher's Cadre) Bill 2019

    The Central Educational Institutions (Reservation in Teacher’s Cadre) Bill 2019

    This article on ‘The Central Educational Institutions (Reservation in Teacher’s Cadre) Bill 2019‘, is drafted by Mayank Prashar. He is Law Student from Law School, Jagran Lakecity University, Bhopal.

    Introduction

    Giving greater importance to reforms in the Education sector, making it inclusive and conformity in mind the aspirations of the people from different categories, the nation needs inspection and maintenance in the field of education and the government had been trying its best to do is part. The schools and the colleges are engaged in a struggle to get an adequate number of teachers. Even so, these steps and efforts have been made to uplift the same. 

    On Monday Lok Sabha passed the “The Central Educational Institutions(Reservation in Teachers ‘Cadre) Bill,2019, which proposes to make College or University as a unit instead of a department for the objective of providing reservation for replenishing teachers position in Central Education Institutions.  The Central Educational Institutions(Reservation in Teachers ‘Cadre) Ordinance, 2019.” is replaced by this Bill.

    The Cabinet chaired by the P.M Shri Narendra Modi has approved the introduction of “The Central Educational Institutions(Reservation in Teachers ‘Cadre) Bill,2019” and was introduced in Lok Sabha by Mr. Ramesh Pokhriyal Nishank, Minister of Human Resources Development on June 27, 2019.

    The Bill seeks to provide for the development of economically weaker areas of citizens. The reservation of up to 10% for “economically weaker sections” in educational institutions and public service will be in addition to the prevailing reservation.

    Reservation of teaching responsibilities in Central Educational institutions for individuals belonging to scheduled castes, scheduled Tribes, socially and educationally backward classes, and economically weaker sections are furnished through this bill. The bill will allow feeling about 8000 existing vacancies in 41 central universities. This is an agreeable step for the candidates across the nation.

     There are more than 7000, educating jobs lying unoccupied in Central educational institutions, according to the HRD minister. This bill is aimed at filling those unoccupied spaces. Teachers will be given jobs through direct recruitment according to the conditions of this Bill 

    Why was an Ordinance Pass?

    Last year, the University grants commission announced that a private department is going to be considered because of the base unit to calculate the amount of teaching post to be reserved. This all was supported by the supreme court order from the year 2017 this increased the 200 point roster system toward 13 point roster. Former HRD Minister Mr. Javedkar had aforesaid in parliamentary government was willing to bring and associate ordinance if it is review petition on this directive filed at the supreme court was rejected. The Supreme court rejected the review petition and thus the government passed the associate ordinance. In step with this ordinance, the system can revert to a 200 point list. This was additionally supported by student and teachers organization across the country.

    How have teacher reservations been implemented in past?

    In 2006, the University Grants Commission (UGC) issued guidelines for teacher reservations in central educational institutions. These guidelines required central educational institutions to think about a university together unit for the aim of reservation. It stated that reservations would be calculated employing a roster system specified by the Ministry of Personnel, Public Grievances, and Pension. 

    Why is this coming up now? 

    According to the HRD Ministry, this Bill is aimed for:-
    1. This Bill will work to fill all of those more than 7000 teaching jobs lying vacant in central educational institutions.
    2. This  Bill will also serve the purpose of fulfilling the demands of people from these sections, for their rights as mentioned in the Constitution.

    Objectives

    The main objective behind this Bill is to contribute the reservation in a teaching position in Central institution which consists for a person belonging to scheduled caste and scheduled Tribes, socially and educationally backward classes as well as economically weaker sections as well as Ensure compliance of the Constitutional Provisions of Articles 14, 16 and 21; and Expected to improve the teaching standards in the higher educational institutions by attracting all eligible talented candidates belonging to SCs/STs/SEBCs/EWS.

    Key provisions of Bill

    Content and Exceptions – 

    The Bill will involve  ‘central educational institutions’. A Central Educational Institution is one that is established, maintained, or aided by the Central Government, like the bill. These include- 

    1. Institutions deemed to be a university
    2. Universities set up by Acts of Parliament
    3. Institutions of national significance 
    4. Institutions receiving assistance from the central government

    However, Bill’s provisions are not applicable to all Central Institution there are exceptions like institutions of excellence, research institutions, and institutions of national and strategic importance.

    Left out Minority Education Institutions.  

    Reservation of Posts – 

    The Bill gets hold of for reservation of posts in direct recruitment of teachers. 

    The bill not only pursues to ensure better representation of teachers from the SC, ST, and OBC categories in higher education, it also renders the way for the first time for a 10% representation to the economically needy from the general category.

    The bill will assess the university or college as one unit refurbishing an earlier reservation system.  Direct recruitment in Teachers’ Cadre is getting on to be the university or educational institutions not department by he unit for reservation of seat.

    So, allotment of teaching posts for reserved categories would be performed on the basis of all positions of the same level across departments.

    Benefits of this Bill.

    UGC’s annual report of year (2017-18) states that the number of assistant professors in central universities is more than 75% from the general category. Their representation would go off because the present bill also applies that 10% quota of the economically weaker among the overall category.

    Given this, applying the court’s department wise placed norm would have gathered the sense of deprivation of the backward categories.
    This bill will provide relief for all new aspirants and from the disadvantaged section of society. Restoring this system would help out to serve an important purpose and guarantee.

    Case laws 

    • Vivekananda Tiwari Vs Union of India (Allahabad High court,2017)
    • Jigyasa Jain and Ors Vs Union of India and Ors (Delhi High court,2019)
    • L.N Mishra college and Research center and Ors Vs Union of India and Ors (Delhi High court,2019)

    Conclusion

    This bill was in the news because the Lok sabha has passed it in 2019 while replacing an earlier ordinance. The same Central Government from promulgates an ordinance with some same on March 7, 2019. The main purpose of this bill was to ensure reservations in teaching jobs under central Universities. The main change was to move 13 point roster from 200 point roster. Earlier it was 200 point roster but it was not good for a common man. For example- If someone gets a rank 3rd in his merit list then his job will come after 599 aspirants which simply shows you a single rank cost you more than 199 positions. Before the government passes this ordinance they filed a case in court and the judge rejected the petition after saying that orange and apple can’t stay together which means two different streams can’t count together.

    The question was that; What will be considered as a Unit – a – Department or University?  

    After some time they agree appeal court says you don’t have a new argument on what will we discuss and rejected that position then they come up with this ordinance and ask the public to give their view as well as mention another important thing which is left out in that ordinance. Then there a question arise which all Universities come under this bill? The answer is No, Not all. Those institutes deemed as institutions of excellence, and of national and strategic importance will not come under this law. Minority institutions are also left out of this Bill. Another question raised about the bill that’s “How will recruitment occurs through this?

    The answer is as follows Teachers will be given jobs through direct recruitment. This means that the process of recruitment would be by inviting applications from those eligible to teach in a Central institution, as against public advertisement which is mentioned in the provision of the bill itself.


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