Central Education Bill Gets President's Assent

The Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 has received assent from the President and will be deemed to have come into force on March 7, 2019. The Act replaces the Central Educational Institutions (Reservation in Teachers' Cadre) Ordinance, 2019 which now stands repealed.

The Act provides for the reservation of posts in appointments by direct recruitment of persons belonging to the Scheduled Castes, the Scheduled Tribes, the socially and educationally backward classes and the economically weaker sections, to teachers' cadre in certain Central Educational Institutions.

As per the provisions in this act, a Central Educational Institute will be regarded as one unit for the purpose of reservation of posts.

The reservation of posts in direct recruitment out of the sanctioned strength in Teachers' cadre will be in the following manner:

• 15 per cent reservation for Scheduled Castes
• 7.5 per cent reservation for Scheduled Tribes
• 27 per cent reservation for socially and educationally backward classes
• 10 per cent reservation for economically weaker sections

However, not all Central Educational Institutions fall in the purview of this act. The Act leaves out the institutions of excellence, research institutions, institutions of national and strategic importance and a Minority Educational Institution.

For the purpose of creation of additional faculty posts in Central Educational Institutions due to the provision of 10 per cent reservation for Economically Weaker Sections category, the government has already sanctioned of Rs. 717.83 crores for the period 2019-20 and 2020-21. After 2020-21, the additional posts of the faculty will be factored in the regular budget estimates.

The Act restores earlier reservation system based on 200 point roster.

Sub clause (c) of clause 6 and sub clause (a) of clause 8 of the University Grants Commission Guideline, 2006 provided that a University or College be treated as one unit and not the Department or subject when determining reservation roster points in teaching posts in Central Universities.

However, the said clause was quashed by the Allahabad High Court and the same was upheld by the Supreme Court. The Apex Court held the view that cadres can be combined for the purpose of reservation. This necessitated a move from a 200-point roster system to 13-point roster system, a move which brought recruitment process to a standstill.

The present Act will allow filling up of up of more than 7000 existing vacancies in Central Educational Institutions and pave the way for filling up 3 lakh vacancies in the Government (Central and State) Educational institutions by direct recruitment in Teacher's Cadre.