DUTA Report on Implementation of 200 pt Roster

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    mplementation of 200 point Roster at DUDecember 2013

    1. ntroductionThe 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 thedepartment 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 26 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 taing 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 discipline3 as a cadre" .s a

    res'lt the University of Delhi failed to achieve the mandated entitlement for each category"

    #t too 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 thisresol'tion" #t is only on 2 Septem*er 217 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 +or 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.5sresponsi*ility to sensiti8e the 'niversity comm'nity on the matter" #t is +ith this *elief that

    Contents:

    1" #ntrod'ction

    2" Delhi University and 4eservation -olicy a Time :ine

    7" ,odalities adopted *y Delhi University a retrograde stance

    (" ,odel -roposed *y DUT.

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    the DUT. demanded implementation of the 2)point roster and U0C g'idelines of 26

    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.

    2. Delhi University and Reservation Policy a Time LineDU decided to implement the ()point vacancy *ased roster for SC/ST in teaching positions in the

    year 199< in spite of the fact that S'preme Co'rt in the #ndira Sa+hneycase had directed that

    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 ased to implement the same +"e"f" 2 >'ly 199! 0"#"$ Dept" of -er" ?Trg"$

    O"," @o" 7612/2/96)%stt" A4es"$ 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" Conse'ently$ the re'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 ased it to fill the *aclog vacancies 22

    >'ne$ 26 U0C letter as .nne&'re3"

    #n .'g'st 26$ 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 ased 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 no+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 26 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 re'isite percentage of SC/ST posts and *aclog" 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$ 26" 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"

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    The Office ,emorand'm @o"%sta*)#/1! ii3/21/1/3$ iss'ed on 7 Septem*er 217 *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 Colleges3 dated ( Septem*er

    CB)##/11/Circ'lar =ile/217/((3 gave fresh modalities of implementation of 2)point

    roster" S'*se'ently$ in a meeting of all college principals along +ith liaison officers on2Septem*er 217$ 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)217 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 *aclog 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 2 Septem*er 217"

    . !odalities adopted "y DU a retro#rade stanceThese modalities adopted *y the University are at variance +ith the clear directives iss'ed

    *y the U0C$ ,4D and Do-T$ 0ovt" of #ndia and shall 'ndo the *asic idea of treating the

    college as a 'nit and +ill +or against the stated aims of reservation"

    =or application of the 2 point roster$ as per the DU decision$ all departments in a college

    have to *e alpha*etically arranged" Eithin each department$ occ'pied posts have to *e

    listed according to seniority follo+ed *y the vacant posts" -osts sanctioned after the

    approval of the roster are to *e added in the end according to the date of sanction/approval" The 2 point roster is imposed on this arrangement$ fi&ing a category against

    each post" This clearly defies the U0C directive to apply the roster according to seniority in

    the college$ i"e" taing the college not the department3 as a 'nit U0C letter dated< ,arch$

    2!3"

    .s per the Do-T O,s$ the roster is applied on the filled posts to *egin +ith to determine

    overall shortages or e&cesses if any$ and then on the vacancies to determine overall

    entitlement of each category" The roster is only a transparent and convenient aid to

    determine overall entitlement as per prescri*ed percentage" .rrangement *y seniority isalso meant to transparently demonstrate and ens're that no one is left o't from the list$

    incl'ding those +ho resigned/e&pired/retired" The roster is not meant to *e 'sed to Fstic5 a

    category on each individ'al post +hich +o'ld change +ith each ne+ method of arranging

    namesG3.s an alternative to 'sing the roster$ entitlement co'ld *e determined *y act'ally

    calc'lating percentages 1

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    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 seeing

    information a*o't the *aclog" o+ever$ its definition of *aclog) 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 ofpost)*ased roster of 2"!"9!/ U0C 0'idelines of 26"

    ='rther$ DU has decided that shortfall of *oth reserved and 'nreserved posts$ res'lting from

    revision of roster$ have to *e identified against specificposts in each department$ and the

    same shall *e filled *y the candidates3 of the respective categories as and +hen the posts3

    is vacated *y its present occ'pant" This is not only a complete misreading of the roster that

    doesn5t Fstic5 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 7)9)2173"

    @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$ maethe

    implementation of roster fa'lty" #t +ill red'ce the *aclog$ on +hich the ceiling of

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    vacancy in any department$ roster points may *e manip'lated in s'*se'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 maing 4oster

    and modalities adopted *y DU in the %&ec'tive Co'ncil meeting of 2 Septem*er 217"

    UC'$)*D !$ no. and

    date

    *ef DU

    1 2)point -ost)*ased

    4oster is to *e made +"e"f"2"!"199!

    7612/2/96

    dated 2"!"199!and

    -g 1$

    ,'th's+amy1th%d

    2)point 4oster is to *e

    made +"e"f 7"9"217

    2 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"

    Clarifications

    dated 27"1"9

    .nne&'re

    cla'se 1

    -g 19 of

    ,5s+amy$

    1th%dition

    .nd U0C

    0'idelines

    26

    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'*se'ently +ill *e addedat the end in 'nspecified

    order"

    7 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!"

    O, @o"

    7677/1/2

    %stt dated

    1

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    ( Shortfall to *e filled in

    c'rrent recr'itment year

    along +ith c'rrent

    reserved vacancies s'*;ect

    to

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    for direct recr'itment and one for promotion +hen reservation in promotion

    applies3 shall *e dra+n"

    2. The n'm*er of points in the roster shall *e e'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 'ota reserved for them" O"," @o" 7612/2/96) %stt" 4es"3 dated 2)!)

    199!3

    4. The two fundamental principles+hich form the *asis areM i3 the reservation for the

    entitled categories is to *e ept +ithin the prescri*ed percentage of reservation and

    ii3 the total reservation sho'ld in no case e&ceed

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    4.3 An Example: Vivekanand College Reservation Roster

    #A*T A Determining 1ntitlement of Different Categories

    as per 0O#$ Do-T$ O, @o"7677/1/2)%stt4es3 dated 1

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    ! 1ntitlement from current vacancies

    Total sanctioned strength of cadre 1'ly$ 199!"

    3. .nne&'re # to the a*ove O","

    4. .nne&'re ## 2 point roster3 to the a*ove O","

    5. 0O#$ DO-T$ O"," @o" 7677/1/2)%stt"4es"3$ dated 1