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DUTA Report On Implementation of 200 PT Roster
DUTA Report On Implementation of 200 PT Roster
Contents:
1" #ntrod'ction 2" Delhi University and 4eservation -olicy 9 a Time :ine 7" ,odalities adopted *y Delhi University 9 a retrograde stance (" ,odel -roposed *y DUT.
1. Introduction
The University of Delhi implemented SC/ST reservation in teaching posts in 1996 and reservation for the OBC category in 2 !" #n 1999$ the %&ec'tive Co'ncil resolved to shift from the earlier ( )point vacancy *ased roster to the post)*ased roster +"e"f 2"!"199!$ as per the Office ,emorand'm of the Do-T dated 2"!"199!" This O, had also stated that the cadre sho'ld consist of all posts in the same grade and +ith the same mode of recr'itment" .ll posts of lect'rer in a college sho'ld therefore have *een treated as one cadre$ as also all posts of lect'rer at the University level" /o+ever$ Delhi University erroneo'sly adopted the department in a college/'niversity as a cadre" #n 2 !$ the %&ec'tive Co'ncilresolved to implement OBC reservation in teaching posts *y adopting the U0C 0'idelines 2 6 that mandated the implementation of the 0O# policy of reservation for SC/ST/OBC thro'gh the post)*ased 2 )point roster in the University and its colleges *y ta1ing the University as one 'nit and the College as one 'nit" /o+ever$ this resol'tion +as not implemented and the reservation rosters +ere implemented treating each Department 2discipline3 as a cadre" .s a res'lt the University of Delhi failed to achieve the mandated entitlement for each category" #t too1 DU many reminders from the U0C and ,/4D$ and contin'o's agitation on the iss'e *y the Delhi University Teachers5 .ssociation and vario's political gro'ps to implement this resol'tion" #t is only on 26 Septem*er 2 17 that certain modalities for implementation of 2 )point reservation 'sing the College as one 'nit and the University as a 'nit +ere passed in the %&ec'tive Co'ncil" /o+ever$ these modalities adopted *y the University are at variance +ith the clear directives iss'ed *y the U0C$ ,/4D and Do-T$ 0ovt" of #ndia" They 'ndo the *asic idea of treating the college/'niversity as a 'nit and +ill +or1 against mandated aims of reservation" The DUTA firmly believes that it needs to ensure entitlement of each section as per the Constitution and condemns an anti-reservation stance of the University. #t is also DUT.5s responsi*ility to sensiti8e the 'niversity comm'nity on the matter" #t is +ith this *elief that
2 the DUT. demanded implementation of the 2 )point roster and U0C g'idelines of 2 6 regarding reservation and *'ilt a consistent movement on the iss'e"Today +hen over ( positions are to *e filled$ it is important that the 2 )point roster is implemented in a correct manner so that ;'stice can *e done to all sections and DU moves in a direction +here the entitlement of each section as per the Constit'tion is achieved" #t is +ith a great sense of responsi*ility that the DUTA is proposing here an alternative model for the implementation of the 200-point roster treating the University as a unit and College as a unit in consonance with the !" directives issued through Do#T !ffice $emoranda.
the said roster *e converted into the 2 )point roster in 1997 and the same had *een comm'nicated to all ,inistries / Departments of the 0overnment of #ndia vide its letter dated 22 Octo*er$ 1997" =ollo+ing the 199! S'preme Co'rt >'dgment in the Sa*har+al case$ the 2 )point roster then +as again revised to a post)*ased roster and all 'niversities incl'ding DU +ere as1ed to implement the same +"e"f" 2 >'ly 199! 20"#"$ Dept" of -er" ?Trg"$ O"," @o" 76 12/2/96)%stt" A4es"B$ dated 2 >'ly$ 199!3" The Delhi University5s %&ec'tive Co'ncil adopted this O"," in 1999$ *'t implemented it erroneo'sly treating the department as a cadre" ConseC'ently$ the reC'isite percentages of SC/ST positions +ere not filled in any college" #n order to monitor the implementation of reservation policy for SC/ST$ U0C iss'ed several notices and reminders to the University and as1ed it to fill the *ac1log vacancies 222 >'ne$ 2 6 U0C letter as .nne&'re3" #n .'g'st 2 6$ U0C iss'ed ne+ g'idelines for strict o*servation of 4eservation -olicy of the 0overnment of #ndia in 'niversities$ deemed to *e 'niversities$ colleges and other grant)in) aid instit'tions and centers" The said g'idelines e&plicitly as1ed these instit'tions to implement reservation for SC$ ST$ OBC$ in all teaching posts s'ch as the posts of :ect'rers$ 4eaders$ -rofessors$ or *y +hatever other nomenclat're the posts are 1no+n" #t also strictly prohi*ited creation of department)+ise cadres$ +hich tends to create single posts or cadre +ith artificially red'ced n'm*er of posts in order to avoid reservation 22 6 0'idelines as .nne&'re3" DU ignored the aforesaid g'idelines of U0C and contin'ed +ith the 17)point roster$ there*y declining to fill reC'isite percentage of SC/ST posts and *ac1log" On 21"7"2 !$ DU %&ec'tive Co'ncil adopted the 2 point roster for SC$ ST and OBC along +ith U0C g'ideline on reservation$ 2 6" Th's OBC reservations in teaching posts *egan for the first time in DU" /o+ever the University contin'ed to treat the department/discipline as a cadre in o*vio's violation of the U0C 0'idelines"
3 The Office ,emorand'm 2@o"%sta*)#D/ 1! 2ii3/2 1 /1/3$ iss'ed on 7 Septem*er 2 17 *y the 4egistrar$anno'nced implementation of 2 )point roster$ treating the College as a 'nit and the University as a 'nit" The letter of the .ssistant 4egistrar 2Colleges3 dated ( Septem*er 2CB)##/11 /Circ'lar =ile/2 17/(6(3 gave fresh modalities of implementation of 2 )point roster" S'*seC'ently$ in a meeting of all college principals along +ith liaison officers on 2 Septem*er 2 17$ it +as 'nilaterally declared *y the 'niversity that the c't)off date for implementation of the 2 )point roster +o'ld *e 7) 9)2 17 and not 2)!)199!$ i"e" the date from +hen the roster *ecame mandatory$ nor 21) 7)2 !$ +hen the 2 point roster for SC/ST/OBC reservation +as formally approved *y the University5s %&ec'tive Co'ncil" .s a res'lt *ac1log of reserved posts have *een denied" These modalities for the implementation of 2 )point roster +ere finally passed in the %&ec'tive Co'ncil meeting of 26 Septem*er 2 17"
4 reservation roster for SC/ST and OBC respectively is at variance +ith the laid do+n la+s" D'e to contin'o's agitation on the matter$ the University iss'ed notices to colleges see1ing information a*o't the *ac1log" /o+ever$ its definition of *ac1log) as those reserved vacancies that +ere advertised *'t not filled ) is fla+ed$ as it does not cover those reserved vacancies that +ere not advertised d'e to *latant violation or +rong implementation of post)*ased roster of 2"!"9!/ U0C 0'idelines of 2 6" ='rther$ DU has decided that shortfall of *oth reserved and 'nreserved posts$ res'lting from revision of roster$ have to *e identified against specific posts in each department$ and the same shall *e filled *y the candidate2s3 of the respective categories as and +hen the post2s3 is vacated *y its present occ'pant" This is not only a complete misreading of the roster that doesn5t Fstic15 a category against each post$ *'t also a gross violation of U0C reg'lations on reservation for SC/ST and reservation policy of 0overnment of #ndia$ in that it delays inordinately the filling 'p of the shortfall$ +hich is to *e calc'lated for the entire cadre" .ccording to the 0O# policy en'nciated in the Do-T Office ,emos$ +henever a vacancy is created it is to *e p't into the roster that operates 'ntil the prescri*ed percentage is achieved" #t is only after that is achieved i"e" the shortfall is red'ced to 8ero$ that the principle of replacement is to *e follo+ed" /ence the DU policy of free8ing shortfall against specific posts to *e filled in only after vacation *y that specific inc'm*ent is designed to deny the legitimate d'e to the reserved categories$ and is a violation the 0O# policy andthe principles of social ;'stice" .lso$ the modalities for applying the 2 )point roster *y DUdo not incl'de teachers +ho have retired/ resigned/ left the college since 199!" They only consider teaching posts in the departments of the University and in vario's s'*;ects in the colleges as on date 27) 9)2 173" @ot considering those +ho have left the departments and colleges since the 2 )point roster *ecame mandatory +ill alter the n'm*er and placement of reserved positionsI artificially red'ce the entitlement of the reserved category and hence$ ma1ethe implementation of roster fa'lty" #t +ill red'ce the *ac1log$ on +hich the ceiling of < H does not apply$ to 8ero" .lpha*etical arrangement of departments for the p'rpose of ma1ing the roster is discriminatory *et+een departments$ *eca'se the density of reserved positions in the roster is not 'niform" .s a res'lt$ some departments +ill get e&cessive reservation +hereas others +ill hardly have any" =or instance$ in the ,aitreyi College roster offered *y DU as a model$ /istory has < reserved vacancies o't of a total of !$ +hereas Botany and %conomics have only 1 o't of ( and Joology$ 2 o't of 6" #n the DU roster for Kirori ,al College$ the Department of Statistics that has no e&isting reserved posts$ gets all three vacancies 'nreserved$ +hereas Joology$ that has some e&isting reserved posts gets all its fo'r vacancies reserved"Some departments having a si8e of less than si& teachers may get that slice of the roster that has no SC/ST post$ and conseC'ently +ill never have one *eca'se the nat're of the posts is *eing fi&ed for all time" ='rther$ *y adding or s'*tracting a sanctioned
5 vacancy in any department$ roster points may *e manip'lated in s'*seC'ent departments" %hile the !" policy stipulates the 200-point roster as a means of determining entitlement of different categories in the entire unit& i.e. College'University& it is silent about the modalities for allocation the reserved vacancies between different departments within the unit. Universities and colleges are different from administrative units in their structure. Though the 200-point roster has to be applied treating college as a unit& the modalities cannot ignore the fact that discipline-wise departments are realities& and that a teacher from one discipline cannot teach another. The modalities need to be such that while they allow reservation in smaller departments& they distribute the reserved vacancies proportionately between different departments. This is important to ensure heterogeneity and proportion in each department& essential for inclusive and collective growth. The University has applied the roster mechanically& without (eeping in mind the possible imbalances. Comparative Table The follo+ing is a comparative ta*le *et+een the U0C/,/4D 0'idelines for ma1ing 4oster and modalities adopted *y DU in the %&ec'tive Co'ncil meeting of 26 Septem*er 2 17" U C'$)*D 1 2 )point -ost)*ased 4oster is to *e made +"e"f" 2"!"199! 4oster is to *e prepared on *asis of seniority of all teachers in the college starting +ith earliest appointment as on 2"!"199!$ till date" !$ no. and date 76 12/2/96 dated 2"!"199! and Clarifications dated 27"1"96 .nne&'re cla'se 1 *ef -g 1$ ,'th's+amy 1 th %d -g 19 of ,5s+amy$ 1 th %dition .nd U0C 0'idelines 2 6 DU 2 )point 4oster is to *e made +"e"f 7"9"2 17
Shortfall to *e identified *y calc'lating difference *et+een total no" of reserved posts in college as per 2 )point 4oster and act'al appointees of that category *y reservation as on 2"!"9!"
4oster is to *e imposed on a list containing a ;'&taposition of filled and vacant posts +ithin departments arranged alpha*etically$ to +hich posts sanctioned s'*seC'ently +ill *e added at the end in 'nspecified order" -g 7!$ Shortfall identified against ,'th's+amy each filled post per 1 th %d department as on 7"9"2 17
6 ( Shortfall to *e filled in c'rrent recr'itment year along +ith c'rrent reserved vacancies s'*;ect to < H ceiling of total n'm*er of vacancies Bac1log is the difference *et+een the n'm*er of reserved posts earmar1ed on the roster after its adoption in 2"!"199!$ and act'al n'm*er filled *y reservation till date #n each recr'itment year$ *ac1log in vario's categories has to *e filled first and is not s'*;ect to < H ceiling .fter ded'cting *ac1log from c'rrent vacancies$ 'pto < H of remaining vacancies can *e filled 'p +ith reserved categories to cover shortfall L c'rrent reserved vacancies" Same as a*ove" Cla'se 2" Shortfall +ill *e filled as and +hen the inc'm*ent occ'pying the reserved post vacates the post *y retirement/ resignation etc" -g 76$ @o *ac1log$ since the date ,'th's+amy of adoption is *eing 1 th %d stip'lated as 7"9"17"
<
6 "
Same as a*ove
! "
Same as a*ove
There is no *ac1log$ and even the shortfall +ill not *e filled 'p this year or in s'*seC'ent years$ *'t as and +hen teachers occ'pying that post retire/resign etc"
7 for direct recr'itment and one for promotion 2+hen reservation in promotion applies3 shall *e dra+n" 2. The n'm*er of points in the roster shall *e eC'al to the n'm*er of posts in the cadre" #n case there is increase or decrease in the cadre strength in f't're$ the rosters are e&panded or contracted correspondingly" 3. The rosters are only an aid to determine the entitlement of different categories +ith regard to the C'ota reserved for them" 2O"," @o" 76 12/2/96) %stt" 24es"3 dated 2)!) 199!3 4. The two fundamental principles +hich form the *asis areM 2i3 the reservation for the entitled categories is to *e 1ept +ithin the prescri*ed percentage of reservation and 2ii3 the total reservation sho'ld in no case e&ceed < H of the cadre" 5. +hortfall at a given instance of time is the difference *et+een the total entitlement of a category for a given cadre strength and the n'm*er of recr'itments in that category" The aim of roster and modalities is to red'ce the Shortfall for each category to nil in d'e co'rse of time" 6. ,ac(log of a reserved category 2SC/ST/OBC3 is the n'm*er of posts +hich +ere earmar1ed for that category *'t remained 'nfilled in the earlier year2s3 . Bac1log also incl'des the n'm*er of posts +hich sho'ld have *een earmar1ed for to+ards SC/ST/OBC category as per the correct roster *'t +ere not done so *eca'se of a fa'lty roster" The *ac1log in SC/ST/OBC reserved vacancies has to *e treated as a separate and distinct gro'p" These positions are to *e filled first" The ceiling of < H on filling of reserved vacancies +o'ld *e applica*le only on the vacancies that arise in the c'rrent year$ after ded'cting *ac1log vacancies" The #roposed $odel The roster is prepared *y seniority +"e"f" 2"!"199! for the +hole college 2as is reC'ired *y la+3" Ehile the entitlement for SC/ST category +ill *e calc'lated +"e"f" 2"!"199! itself$ for the OBC category it +ill *e calc'lated +"e"f" 21"7"2 !" To determine the entitlement for SC/ST/OBC$ teachers +ho have retired/ resigned/ left the college since 199! are also incl'ded" The shortfall and *ac1log as +ell as the n'm*er of reserved vacancies as per the roster from among the total n'm*er of c'rrent vacancies are identified" .fter having identified the total n'm*er of reserved posts to *e filled this year as *ac1log L < H of remaining vacancies 2after ded'cting *ac1log3$ the method of distributing the reserved posts department-wise in a proportionate manner should be wor(ed out. -or this& the principle of entitlement per department can be used& so that roughly .0/ of the vacancies in each department are reserved.
4.3 An Example: Vivekanand College Reservation Roster #A*T A0 Determining 1ntitlement of Different Categories
2as per 0O#$ Do-T$ O, @o"76 77/1/2 6)%stt24es3 dated 1<"!"2 ! 11 11 92 63
1 @o"of permanent teachers as on 2"!"9! @o"of permanent appointments *et+een 2"!"9! and 21"7"2 ! @o" of permanent appointments after 21"7"2 ! Total 2 1ntitlement as per 200 point *oster 2a3 SC M Till 2"!"9!M @o of SC 4oster points *et+een 1 and ! .fter 2"!"9!M @o of SC 4oster points *et+een !1 and 92 2*3 STM Till 2"!"9!M @o of ST 4oster pts *et+een 1 and ! .fter 2"!"9!M @o of ST roster pts *et+een !1 and 92 2 c3 OBCM Till 21"7"2 !M @o of OBC roster pts *et+een 1 and 61 .fter 21"7"2 !M @o"of OBC 4oster points *et+een 62 and 92 7 2o of permanent +C'+T'!,C appointed through reservation 2a3 SC 2*3 ST 2c3 OBC ( +hortfall as on 2.3.430 2a3 SCM 2*3 STM +hortfall as on 25.6.2003 2c 3 OBC < ,ac(log 0 1ntitlement after adoption of post based roster - 2o. actually appointed 2a3 SCM 7 9 < 2 %&cess of 2 ad;'sted against shortfall3 2*3 STM 1 9 2 2 %&cess of 1 ad;'sted against shortfall3 2c 3 OBCM 7 )2 6 Current shortfall 2a3 SCM 1 9 2 2*3STM < 9 1 2c3 OBCM 21 L1
1 7 < 1 21 7
< 2 2
1 < 21
6 ( 22
9 ! 1ntitlement from current vacancies Total sanctioned strength of cadre @o of e&isting permanent teachers @o" of c'rrent permanent vacancies Bac1log 21 OBC 3 4emaining vacancies ,a&" permissi*le reserved vacancies N < H of (! N 27"< %ntitlement of SC/ST/OBC 2a3 OBCM 2!H of (! N 12"69 2*3 SCM 1<H of (! N !" < 2c 3 STM !"<H of (! N 7"<7 Total 6 Total entitlement 7including bac(log8 2a3 OBCM 17 L 1 2*3 SC M ! L 2c3 ST M 7 L Total Total percentage of reservation N 2(/ (6&1 N< H 1( ! 7 2(
1 < <! (6 1 (! 27
17 ! 7
2ote0 1" The overall entitlement ie prescri*ed percentage is the follo+ingM 2a3 OBCM 2!H of 1 <N 26"7<O26 2*3 SCM 1<H of 1 <N 1<"!<O1< 2c3 STM !"<H of 1 < N !"6!O! 2" %ven after the c'rrent vacancies are filled in the a*ove manner$ +e +o'ld still *e falling short of the prescri*ed percentage" The revised calc'lation of Fshortfall5 +o'ld *eM OBCM 26 9 21( L 23 N 12 SCM 1< 9 2! L < ) 1 2resigned33 N ( STM ! 9 27 L2) 12resigned33 N 7 These +o'ld *e grad'ally filled over a period of time$ as every post that is vacated is added to the roster and filled as per entitlement" 7" Once the prescri*ed percentages are achieved for any category$ the roster +o'ld not operate for that category$ and the replacement method +o'ld *e 'sed to maintain the percentage of reservation" (" The fig'res in the a*ove data are *ased on the information provided *y the College Staff Co'ncil Secretary
10
1 2 3 4 5 6 7 8 ' 1% 11 12 13 14 15 2ote0
Commerce Comp. Sc. Economics Englis !renc !oo" #ec nolog$ Hin"i His&or$ ()& s (*sic P $sic)l E" Pol. Sc. Ps$c olog$ S)ns+ri& Science #o&)l
Existin !ac"lt# 11 1 1 1 8 1 2 1 1 2
3 3 7 5 1 2 1% 3 3 3 3 4 1 48
1" =or allocation one co'ld dra+ 'p in the first instance$ the distri*'tion as per the c'rrent 17 point/ Department *ased 4oster +"e"f" 2"!"9!"2=or this$ the teachers +ho retired/ resigned after 2"!"9! +o'ld also have to *e incl'ded3"Then to meet the overall reC'ired allocation$ shift reC'ired n'm*er of reserved vacancies from one category to another starting +ith the first Department alpha*etically$ and ma1e 'p the reC'ired no of vacancies for OBC$ SC$ ST in that order$ 1eeping in mind the g'iding principles mentioned a*ove$ 'ntil the reC'ired n'm*er is reached" PThis has *een done for %conomics +hich had less than < H vacancies reserved$ li1e Sans1rit" % comes *efore S$ so +e shifted one U4 in %co to OBC$ to ma1e the OBC tally 1($ and U4 2("
11 2" 4oster points for -/ are 1$ 7($ 6!$ 1 1 etc" So in a cadre of 1 < posts$ ( +ill *e reserved for -/" Ee have s'ggested allocating these to the Departments that have more U4 vacancies" 7" .ll ad)hoc positions against fl'ct'ating +or1load sho'ld *e added at the end of the department list and filled as per 2 pt roster applied to the department"
*eferences
1. +wamy:s Compilation on *eservations and Concessions *y ,'th's+amy and Brinda$ S+amy -'*lishers 2-3 :TD" 2. 0O#$ DO-T$ O"," @o" 76 12/2/96)%stt"24es"3$ dated the 2 >'ly$ 199!" 3. .nne&'re # to the a*ove O"," 4. .nne&'re ## 22 point roster3 to the a*ove O"," 5. 0O#$ DO-T$ O"," @o" 76 77/1/2 6)%stt"24es"3$ dated 1<)!)2 6 6. U0C :etter @o" ="1)6213/2 62SCT3 dated < ,arch$ 2 !"