Over 60% OBC, SC posts vacant in IIMs

In News: More than half of the faculty positions reserved for OBCs in central institutions of higher education are vacant, while about 40% of those reserved for Scheduled Castes and Tribes also remain unfilled as per a reply of Union Education Minister.

Key Highlights from the Written Reply of Education Minister to Members of Parliament

Source:TH

• The situation is particularly acute in the elite Indian Institutes of Management (IIMs), where more than 60% of SC and OBC reserved positions are vacant, while almost 80% of positions reserved for the STs have not been filled.
  • This means that out of 24 positions reserved for the STs, only five have been filled.
• For the Indian Institutes of Technology (IITs), data has only been provided for non-faculty positions.
• Both the IITs and the IIMs have been lobbying for exemption from such faculty quota requirements.
• Within the Central Universities, vacancies were higher at the level of professors as compared to Assistant Professor.
  • Less than 1% of the 1,062 professors in Central universities are from the ST communities.
• The Education Minister falsely claimed about implementation of OBC reservation at all levels after enactment of ‘The Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019.

Reservation in Promotions in Jobs

• These data will revive the debate over the need of reservation in Promotion in Public Employment.
• Such demands have been frequently raised and got political support at different times either from opposition or in few states like Madhya Pradesh.
• Judicial Verdicts:
  • M.R. Balaji vs State of Mysore, 1962: It ruled that Article 15(4) is an “enabling provision”.
    • It does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.
    • State of Mysore reserved 68 per cent of seats in engineering and medical colleges for backward classes and SCs and STs.
  • C.A. Rajendran v. Union of India, 1967: Supreme Court reiterated its position, holding that the government is under no constitutional duty to provide reservations either at the initial stage of recruitment or at the stage of promotion.
    • Article 16(4) is just an enabling provision giving discretionary power to the government to make reservations.
  • Indra Sawhney v. Union of India (1992) and M Nagaraj v. Union of India (2006): Same stance with respect to Article 16(4) and 16(4A) was maintained.
  • Appeal for promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand , 2020: Supreme Court said that the government is not obligated to collect quantifiable data showing a community is inadequately represented in public services as required by Article 16(4A), if it has already decided not to grant reservations in promotions.
• Constitutional Provisions:
  • Article 14: guarantees equality before law and equal protection of laws to everyone.
  • Article 16(1) and 16(2): assure citizens equality of opportunity in employment or appointment to any government office.
  • Article 15(1): generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth.
  • Article 29(2): bars discrimination against any citizen with regard to admission to educational institutions maintained by the government or receiving aid out of government funds on grounds of religion, race, caste etc.
  • Article 335: Reservation should be extended without affecting general efficiency of administration.

Need

• Skewed Representation at Top Levels: Despite the fact that at entry level the reservation norms ensure fair representation, there seems to be a bias against reserved category candidates among the senior bureaucrats and office holders.
• Need of Caste Sensitive Policies: The higher level officials are sometimes averse to needs of backward caste and sometimes don’t adequately acknowlege discrimination faced by them.
• Breaking the prevalent Social Barriers: Still the mindset in multiple pockets demeans the Backward Castes due to centuries of neglect.

Criticism

• Against Principle of Merit: The merit and efficiency of organisation should be prime concern.
  • Rather than seeing the caste, the performance report must be the basis of promotion.
• Validates irreversible Caste Politics: The caste politics gains prominence due to such regressive steps as seen in Madhya Pradesh.
• Demotivates the Performers and General Category: The caste based promotions can demotivate the employees from focussing on output, overall growth.
  • It may create disbalance between the new entrant’s seniority levels.
• Against the Ethos of Reservation to bring everyone on Equal Pedestal: Reservation is meant to give everyone equal opportunity but not spoon feeding.

Way Forward

• Data Oriented Approach: Detailed studies on Performance of Institutions should be accessed.
• No politics on Caste Based Reservations: A separate independent committee may be created to provide neutral apolitical advisories.

Source: TH