Relaxation of 5% marks in appointment of teaching post to OBC candidate

[SuDhiR iNdiA]

PRESS INFORMATION BUREAU
GOVERNMENT OF INDIA, New Delhi, July 25th, 2016
on Eligibility Criteria for Reservation for SC/ST/OBC in Higher Education
-The UGC (Minimum qualifications for appointment of teachers and other academic staff in universities and colleges and measures for the maintenance of standards in higher education) (4th Amendment), Regulations, 2016 prescribe 5% relaxation in minimum eligibility marks of 55% marks for candidates belonging to SC, ST and OBC categories for direct recruitment to teaching positions. The regulations are available at http://egazette.nic.in/WriteReadData/2016/170658.pdf .

The Department of Personnel & Training (DOPT) has informed that in order to increase the representation of SC/ST/OBC communities in posts and services under the Central Government, various concessions/ relaxations are provided in direct recruitment, apart from prescribing reservations for candidates belonging to these categories.
My question on the basis of above are-
1- whether this relaxation is only for the institutions under UGC or also for others like NCTE
2- Whether this relaxation is only for SC and ST or also for OBC as some institutions/universities are denying this
3- Whether any notifications/ guideline/ advisory has been issued by DOPT or MHRD on behalf of Center Government to State and Union territory Government or to other stakeholders like NCTE in this direction then give details.
4) This provision is only for Center govt or also for State.

[Dr. Ashok Dhamija]

The answer to your question is contained in the UGC Regulations, link to which is given by you, Regulation 1.2 of which states as under:

“They shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under clause (f) of Section 2 of the University Grants Commission Act, 1956 (3 of 1956) and every Institution Deemed to be a University under Section 3 of the said Act.”

Therefore, provisions of these Regulations will apply to all Universities and all institutions recognized by the UGC and also in all institutions which are deemed Universities.

If such regulations are to be applicable to any other organisation, then there has to be a specific provision or order to that effect. So, you’ll have to check from the NCTE whether these regulations are applicable to them. File an RTI application, if needed.

These Regulations clearly mention that they are applicable to OBC also.

For your third question, seek information from the concerned agencies, if necessary by filing RTI application.

Fourth question is already answered. It is applicable to all Universities and all institutions recognized by the UGC and also in all institutions which are deemed Universities, whether Central or State.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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