A vacancy reserved for SC or ST or OBC candidates can be declared unreserved if enough candidates from these categories are not available, according to new draft guidelines by University Grants Commission (UGC).

The 'Guidelines for Implementation of the Reservation Policy of the Government of India in Higher Education Institutes (HEIs)' are in public domain for feedback from stakeholders.

The guidelines have been receiving backlash from several quarters. The JNU Students' Union (JNUSU) has announced a protest against it and will be burning an effigy of UGC Chairman M Jagadesh Kumar.

No reaction could be had from Kumar on the criticism for the guidelines.

"A vacancy reserved for SC or ST or OBC cannot be filled by a candidate other than an SC or ST or OBC candidate, as the case may be.

"However, a reserved vacancy may be declared unreserved by following the procedure of de-reservation where after, it can be filled as an unreserved vacancy," the draft guidelines read.

"There is a general ban on de-reservation of reserved vacancies in case of direct recruitment.

"However, in rare and exceptional cases when a vacancy in a Group A' service cannot be allowed to remain vacant in public interest, the University concerned may prepare a proposal for de-reservation of the vacancy giving following information: The proposal will be required to list -- efforts made to fill up the post; reasons why it cannot be allowed to remain vacant and justification for de-reservation.

"The proposal for de-reservation in case of Group C or D should go to the Executive Council of the University and in case of Group A or B should be submitted to the Ministry of Education, giving full details, for necessary approval. After receiving the approval, the post may be filled and reservation may be carried forward," the draft guidelines read.

In case of promotion, if sufficient numbers of SC and ST candidates fit for promotion against reserved vacancies are not available, such vacancies may be de-reserved and filled by the candidates of other communities.

The power to accord approval to de-reservation of the reserved vacancies in such cases will be delegated to UGC and Ministry of Education, if certain conditions are met.

"The proposal can be considered if no candidate belonging to the category for which the vacancy is reserved is available within the zone of consideration or extended zone of consideration or eligible for promotion in the feeder cadre specified in the recruitment Rules.

"The approval for de-reservation has been seen and concurred in by the liaison officer for SC,ST of the university. The proposal for de-reservation is agreed by the appropriate authority in UGC and Ministry of Education.

"In case of disagreement between the appointing authority and the liaison officer for SC, ST of the university, the advice of the Department of Personnel and Training is obtained and implemented," the guidelines added.

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