Amendments to the Central Educational Institutions(Reservation in Admission)

The Union Cabinet today approved certain amendments to Sections 2,3,4 and 5
of the Central Educational Institutions (Reservation
in Admission ) Act, 2006. The Central Educational Institutions (Reservation in
Admission) (Amendment ) Bill 2010 will be introduced in the coming session of
Parliament.



             The proposed amendments to the Act aim at safeguarding interests of
the tribal population in far-flung and remote areas of the North-Eastern States
by providing a balance between the local policy at the State level and the
national policy on reservation. The
Amendments would ensure equity and inclusiveness and meet the regional
aspirations.



           The Central Educational Institutions (CEIs) are facing certain
practical difficulties in implementing the provisions of the Central Educational
Institutions (Reservation in Admission) Act 2006. These difficulties emanate
from the fact that their Statutes already provide for reservation of higher
percentage than 15% of the seats for SCs or 7.5% of the seats for STs, owing to
the composition of population served by it. In some cases the CEIs which were
State Universities earlier, have adopted the norms followed by the respective
State Governments which require them to reserve more than 7.5 per cent of seats
for STs.



            In order to address these problems, the Government has now proposed
to amend certain provisions of the Act.



These proposed amendments envisaged are as follows :



• State seats (viz. The seats earmarked to be filled from amongst the eligible
students of State in which the Central Educational Institution is situated), if
any, in a CEI situated in the tribal areas referred to in the Sixth Schedule to
the Constitution shall be governed by the reservation policy of the concerned
State Government in the matter of admissions of Scheduled Castes, Scheduled
Tribes and Other Backward Classes to that CEI.



• If the seats reserved for Scheduled Castes or the Scheduled Tribes or both
taken together in a CEI exceed 50% of the annual permitted strength, that CEI
shall be exempt from making any reservation for the other Backward Classes.
Further, if such a CEI is situated in the north-eastern States, including Sikkim
but excluding the non-tribal areas of Assam, the percentage of seats reserved
for the Scheduled Castes or the Scheduled Tribes shall not be reduced from the
level obtaining on the date immediately preceding the date of the commencement
of the Act; while in case of CEI situated in other areas the percentage of seats
reserved for the Scheduled Castes or the Scheduled Tribes in that CEI shall
stand reduced to 50%.



• If the seats reserved for the Scheduled Castes or the Scheduled Tribes or both
taken together in a CEI fall short of 50% of the annual permitted strength, the
percentage of seats reserved for the Other Backward Classes shall be restricted
to such shortfall.



• The period for giving effect to the provisions of sections 3,4 and 5 of the
Act shall stand enhanced to six years from three years, as some of the CEIs are
finding it difficult to adhere to the said time limit for creation of the
requisite physical and academic infrastructure due to a variety of reasons
beyond their control and have been requesting for the increase in the time
limit.



• The number of seats in a branch of study or faculty in a CEI shall be
increased with reference to the number of seats in that branch of study or
faculty available for the academic session immediately preceding the date of the
coming into force of this Act or with reference to the number of seats actually
filled in that session, whichever be less, mainly with a view to avoiding
wastage of resources.



Background :



           All the Central Educational Institutions ( other than those exempted
under section 4 of the Act, ) are, presently, required to reserve 27% seats for
the OBCs (excluding “creamy layer”), in addition
to 15% seats for the SCs and 7.5 % seats for the STs as also to expand their
capacity, over a maximum period of three years, from the academic session
2008-09. Difficulties experienced by some of the CEIs, particularly those
situated in the north-eastern States inhabited significantly, in some cases
predominantly, by tribal population, and Babasaheb Bhimrao Ambedkar University,
Lucknow, which has been reserving 50% seats for the Scheduled Castes and the
Scheduled Tribes in keeping with the objectives specified in their respective
Acts have led to the amendments.