IMPLEMENTATION OF PROOTECTIVE PROVISIONS OF CONSTITUTIION IN HIMACHAL PRADESH IN RELATION TO SC, ST & OBC.
-A miniscule perspective
Part A/1-Education(Outlines)
(Based on information obtained under the RTI Act)
Reservation in admission:
There are four pronged attacks on representation to SC/ST/OBC:
i) Inadequate provisions for reservation, ii) incongruous deliverance,
ii) precedence to EWS and iv) ambivalent commitment on scholarships.
Palpable anomalies
1.Diverse norms in one State
Ø Horticulture and Forestry.
ü SC 22%, ST 5% and OBC 15%.
Ø Medical Education.
ü State Quota & All India Quota: SC 15%, ST 7.5%
ü OBC: No reservation in percentage. 4 seats in IGMC and 2 seats each in rest of the five GMCs under SQ and 27% in AIQ. P G courses: no reservation in SQ- 27% in AIQ.
ü In B SC (Medical Technology) reservation is only in direct seats.
Ø Agriculture University
ü 15% & 7.5% for SC & ST.
ü OBC: one seat in each seven UG course.
Ø Technical Education.
SC 22%, ST 5%, OBC 18%.
Ø H P University & S P University
ü SC: 15%, ST 7.5 %, OBC: Nil
2.Aberration in practice.
ü In addition to normal or State seats, there are self financing/non subsidized seats, ICAR seats, NRI seats, supernumerary seats and the like available for admission. But reservation is effected only against normal or State seats which number less than half of total seats.
ü In case of Economically Weaker Sections, Agriculture University has been providing reservation ‘over and above total seats’. In the admission year 2022 for UG programmes, against total 504 seats available, 56 were reserved to SC/ST/OBC combined and 46 to EWS alone.
ü No seats were reserved to SC/ST in the Biotechnology Department of HPU in 2022 admission.
3.Poor intake.
ü In the admission year 2022 out of total 532 seats available for admission in B Sc (Hon) programmes in Colleges of Horticulture & Forestry, 79 seats were earmarked for SC/ST/OBC (SC: 37, ST: 9 & OBC: 33) and 56 (SC: 29, ST: 7 & OBC: 20) were actually admitted.
ü In all the four Government Engineering Colleges, 919 students were admitted in 2022. Out of this 103 SCs, 18 STs and 68 OBCs were taken against roster which is less than half of total reserved seats.
4.Transfer of seats
ü Where reserved categories candidates are not available against vertical reservation, seats are transferred to General category. A large number of seats are transferred this way. In some cases such transfer has been effected in first counselling itself.
ü Relative poverty, minimum eligibility benchmark, higher cost of education, fees structures and systemic apathy are scourge to the deprived.
5.No monitoring, evaluation and accountability.
ü Monitoring system is not in place. There is no flow of information or returns from Institutions and Departments undertaking admission process, to the controlling bodies viz Universities, Governments, UGC, NMC, ICAR, SC/ST/OBC Commissions. Therefore, data of admissions against reserved seats are not even prepared.
ü Gaps in admissions against reserved seats are neither reviewed nor evaluated.
ü There is no accountability in case of aberrations.
What is just and rightful
ü Earmarking more than 50% seats as special seats and then excluding them from the purview of reservation is a denial tactic and violative of prevailing rules of reservation. Therefore, reserved seats should be computed on total and all forms of seats available for admission as is being done by CSK HP Agriculture University in case of EWS.
ü In case of unavailability of candidates, seats should be transferred horizontally failing which such transfer should be inter reserved categories.
ü Minimum eligibility criteria and fees structures may be rationalized to increase number of eligible candidates.
ü Details of counselling process should be submitted to monitoring bodies, online, and system of corrective interventions may be put in place. Monitors and liaison officers may be appointed.
ü Universities and institutions should be made liable for gaps and deviations.
l Principle of“ oneState one rule of reservation”is essential. Population is sole factor for determination of quantum of reservation. Keeping in view ratio of 50% cap, reservation in admission should be fixed at 24% for SCs, 8% for STs and 18% for OBC in all Institutions/Universities uniformly, for the sake of justice and empowerment of these classes.
l Legislation is necessary to prescribe and regulate reservations both in Private and Government Educational Institutions.
(Compilation and analysis: P S Draik)
Details shall follow next week.
IN DETAIL
IMPLEMENTATION OF PROTECTIVE PORVISIONS OF THE CONSTITUTION OF INDIA IN HP IN RELATION TO SC/ST/OBC.
(Based on information obtained under RTI Act, 2005).
PART A/1
Education
Article 15(4) of the Constitution of India lays down that“nothing in this Article or in clause (2) of Article 29 shall prevent the State from making any special provision for advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.” Therefore, the State provides reservation in admissions to educational institutions along with other incentives to promote education among the SC, ST & OBC.
Ubiquitous Scenario
l There are four pronged attacks on representation to SC/ST/OBC:
ü i) inadequate provision for reservation,
ü ii) incongruous deliverance,
ü iii) precedence to EWS and
ü iv) ambivalent commitment on scholarships.
l Self financing/non subsidized seats are a method to obstruct education to deprived classes.
l Where candidates are not available against vertical reserved category seats such seats are transferred to unreserved (general category).
l A large number of seats earmarked for reserved category candidates are transferred to general category. In some cases of admission in the year 2022 such transfer was ab initio effected during first round of counseling itself.
l Relative poverty, minimum eligibility benchmark, higher cost of education, fees structures and systemic apathy are scourge to the deprived.
l Monitoring and evaluation system is not in place.
l Record relating to reservation provided in admissions is not even maintained.
l There is no accountability in case of deviations.
Illustrative outlines of status of reservation in admission.
Following status has emerged from the case study of admissions during2022(academic sessions 2022-23) in select institutions:
University of Horticulture and Forestry.
(Reservation: SC- 22%, ST-5%, OBC- 15% only in case of normal seats).
B. Sc. Programmes
Distribution of seats
Quota/category | CoH Nauni | CoF Nauni | CoH&F Neri | CoH&F Thunag |
Total seats | 115 | 118 | 185 | 114 |
Normal seats | 42 | 42 | 75 | 50 |
Res for SC | 09 | O9 | 19 | 10 |
Res for ST | 02 | 01 | 04 | 02 |
Res for OBC | 06 | 06 | 13 | 08 |
ICAR seats | 08 | 08 | 10 | 00 |
Self fin seats | 56 | 56 | 85 | 50 |
Nominated | 04 | 07 | 03 | 06 |
Other seats | 05 | 05 | 12 | 08 |
Admissions | against | reserved | seats | in 2022 |
SC | 04 | 05 | 11 | 09 |
ST | 01 | 01 | 04 | 01 |
OBC | 06 | 03 | 07 | 04 |
M.Sc. Programmes
Distribution of seats
Quota/Category | CoH Nauni | CoF Nauni | CoH&F Neri |
Total seats | 83 | 54 | 57 |
Normal seats | 38 | 30 | 29 |
Reserved for SC | 07 | 06 | 07 |
Reserved for ST | 01 | 01 | 01 |
Reserved for OBC | 05 | 04 | 05 |
ICAR seats | 12 | 03 | - |
Self financing seats | 32 | 20 | 27 |
Other seats | 01 | 01 | 01 |
Ph. D.
Distribution of seats
Quota/Category | CoH Nauni | CoF Nauni | CoH&F Neri |
Total seats | 54 | 24 | 18 |
Normal seats | 28 | 13 | 10 |
Reserved for SC | 06 | 03 | 02 |
Reserved for ST | 01 | 01 | 00 |
Reserved for OBC | 03 | 02 | 02 |
ICAR seats | 06 | 01 | 01 |
Self financing seats | 19 | 09 | 06 |
Other seats | 01 | 01 | 01 |
Admissions made | Against | Reserved | Seats |
Scheduled castes | 06 | 02 | 01 |
Scheduled Tribes | 00 | 00 | 00 |
Other Backward Classes | 02 | 01 | 00 |
ü In all the four Colleges out of total 532 seats available for admission in B Sc (Hon) programmes, 79 seats were earmarked for SC/ST/OBC category candidates (SC: 37, ST: 9 & OBC: 33) and 56 (SC: 29, ST: 7 & OBC: 20) were actually admitted.
ü Out of total available 194 seats for M Sc courses, 37 seats (SC: 20, ST: 3 & OBC: 14) were earmarked for SC/ST/OBC category candidates. Though a number of such candidates stand admitted; but actual number taken against roster could not be ascertained because of ambiguity of information available.
ü Of the total 96 seats available for Doctorate programme 20 seats (SC:11, ST: 2 & OBC: 7) were earmarked for SC/ST/OBC against which 12 (SC: 9, ST: 00, OBC: 3) were admitted.
Diploma courses
There are 35 seats in Diploma courses with a total of 27% reservation (22% to SC, 5% to ST).
Ø Moot points
ü Basis for excluding ICAR, SF seats from the ambit of reservation.
ü Method and norms of admission against ICAR seats.
MEDICAL EDUCATION
U G Courses
Distribution of MBBS seats
Quota /Category | IGMCShimla | GMCTanda | GMCNahan | GMCMandi | GMCChamba | GMCH.pur |
Total seats | 120 | 120 | 120 | 120 | 120 | 120 |
AI Q (15% of 120) | 18 | 18 | 18 | 18 | 18 | 18 |
ESI Q (35% of 102) | - | - | - | 36 | - | - |
State Quota | 102 | 102 | 102 | 66 | 102 | 102 |
Total Reserved | 50 | 49 | 49 | 32 | 47 | 47 |
SC | 15 | 15 | 15 | 10 | 15 | 15 |
ST | 8 | 8 | 8 | 5 | 8 | 8 |
OBC | 4 | 2 | 2 | 2 | 2 | 2 |
EWS(10),PWD(5), B.Ar (3), WFF, SGC, J&KM, TR, WDP | 23 | 24 | 24 | 15 | 22 | 22 |
Admissions | In | Seats | reser | for | SC/ST | OBC |
Scheduled Castes | 18 | 17 | 18 | 18 | 18 | 18 |
Scheduled Tribes | 09 | 09 | 09 | 09 | 09 | 09 |
Other Back Classes | 4/5 s/aiq | 2/5 s/iq | 2/5 s/iq | 2/5 s/aiq | 2/5 s/aiq | 2/5 s/aiq |
Reservation:- SC= 15% (both on AIQ & SQ), ST= 7.5% (both on AIQ & SQ) OBC= SQ : %age not laid down-seats earmarked. AIQ: 27%
ü OBC admitted in Tanda are from Non Creamy Layer (Central List).
P G COURSES
IGMC Shimla
Total seats: 131. Seats filled up: 126
Distribution and reservation (SC: 15%, ST: 7.5%, OBC: 27% AIQ)
Quota | Total seats | SC | ST | OBC |
All India | 59 | 7 | 3 | 17 |
GDO | 49 | 5 | 5 | -- |
Direct | 18 | 1 | -- | -- |
Total | 126 | 13 | 8 | 17 |
Dr RPGMC Tanda
Seats filled up: 88
Quota | Total seats | SC | ST | OBC |
All India | 41 | 5 | 4 | 11 |
State | 47 | 9 | 2 | 2 |
G.Total | 88 | 14 | 6 | 13 |
ØMOOT POINTS
· Population is the base for determination of reservation (discussed in hererinafter, including in Part B under the caption “case for adequate representation”) – reason for 15% reservation to SC and allocation of fixed seats to OBC.
· Need and logic behind AIQ when only SC/ST/OBC of Himachal are entitled for reservation.
· Trends in distribution of reserved AIQ seats.
B SC (Medical Technology)
Name of course | In service | Direct | In Shimla | In Tanda |
Anesthesia & OT | 8 | 8 | 10 | 6 |
Laboratory | 10 | 10 | 10 | 10 |
Radio-diagnosis | 10 | 10 | 10 | 10 |
Renal Dialysis | 3 | 2 | 5 | - |
Total | 31 | 30 | 35 | 26 |
Reservation: Only in Direct seats.
ØMOOT POINT
· Reason for excluding ‘in service’ seats from the ambit of reservation.
HP AGRICULTURE UNIVERSITY
Undergraduate Programmes
Distribution of Seats
Courses | BV Sc & AH | B Sc (H) Agr | B Tec F Tec | B Sc L Sc | B Sc Ph Sc | B Sc (H) Co Sc | B Sc HHA |
UniversitySeats | 57 | 102 | 60 | 60 | 60 | 60 | 30 |
1.HP Bonafide | 36 | 34 | 32 | 29 | 29 | 48 | 14 |
Res for SC | 05 | 05 | 05 | 04 | 04 | 07 | 02 |
Res for ST | 03 | 03 | 02 | 02 | 02 | 04 | 01 |
Res for OBC | 01 | 01 | 01 | 01 | 01 | 01 | 01 |
2.Over & Above | 21 | 68 | 28 | 31 | 31 | 12 | 16 |
Self Financing | 07 | 51 | 24 | 27 | 27 | 08 | 12 |
NRI/For Nat | 08 | 04 | -- | -- | -- | -- | -- |
Others | 06 | 13 | 04 | 04 | 04 | 04 | 04 |
3.VCI/ICAR | 11 | 18 | - | - | - | - | - |
4.Total seats | 68 | 120 | 60 | 60 | 60 | 60 | 30 |
5.Res for EWS Over & Above total seats | 07 | 12 | 06 | 06 | 06 | 06 | 03 |
6.Grand total | 75 | 132 | 66 | 66 | 66 | 66 | 33 |
7. Admissions | 75 | NI | 35 | 55 | 36 | 10 | 06 |
SC | 05 | ,, | 05 | 04 | 04 | 02 | 01 |
ST | 03 | ,, | 02 | 02 | 02 | 01 | 01 |
OBC | 01 | ,, | 01 | 01 | 01 | 01 | -- |
Reservation: For SC& ST= Only in HP bonafide seats.
OBC: One seat earmarked in each of seven courses.
EWS: Computed on total seats available for admission.
Postgraduate Programmes
Distribution of Seats
Colleges | HP Bon | SFS | ICAR | Total | NRI | For. N. |
Agriculture | 48 | 31 | 32 | 111 | 03 | 02 |
Basic Sciences | 06 | 03 | - | 009 | - | - |
DGCN V&A Sciences | 54 | 26 | 13 | 093 | 01 | 01 |
Community Sciences | 18 | 07 | - | 025 | - | - |
Grand total | 126 | 67 | 45 | 238 | 04 | 03 |
Reservation= SC & ST: only in HP bonafide seats.OBC: No reservation. EWS:On total seats except NRI & FN.
Total reserved seats in four Colleges: SC-17, ST-9, EWS-24
Total students admitted: 159. Out of this SC--4 , ST--5.
Doctoral Programmes
Distribution of Seats
Colleges | HP Bon | SFS | ICAR | Total | NRI | For. N. |
Agriculture | 24 | 10 | 13 | 47 | 03 | 02 |
DGCN V&A Sciences | 13 | 05 | - | 18 | - | - |
Community Sciences | 04 | 02 | - | 06 | - | - |
Grand total | 41 | 17 | 13 | 71 | 03 | 02 |
Total reserved seats in three Colleges: SC-5, ST-3, EWS-8
Total scholars admitted: 43. Out of this SC-1 , ST-1.
Ø Moot points
· Basis for excluding ICAR, SF, NRI, other seats from the ambit of reservation only to SC/ST/OBC when reservation to EWS is computed over and above total seat
· Method and norms of admission of ICAR, NRI, other seats.
TECHNICAL EDUCATION
Scheme for allocation of seats (UG/PG Courses)
Category | Allocations |
A- AIQ | 15% of total sanctioned seats |
B- HPSQ | 80% for Govt Institutions for Himachalis; 65% of total sanctioned intake for Pvt Inst. |
C-NRI | 5% of total sanctioned intake |
D-Management seats only in Pvt Inst | 15% of total sanctioned intake in UG Courses only. |
E-Supernumerary seats | a)5% for BPL/Antodya/Orphan- Tuition Waiver b) 15% for Foreign nationals c) 2 seats in each Inst for Kashmiri Migrants |
F-Lateral entry seats -II yr B Tech Course | 10% over and above the sanctioned seats |
G-Lateral entry seats -II yr B Ph Allp Course | 10% over and above the sanctioned intake |
Reservation: SC 22%, ST 5%, OBC 18%, EWS 10%.
Chart showing actual admissions in each College
Courses | S.Nagar | Kangra | P.Nagar | Kotla | Bandla |
Compu Sc.and Engg:Total | 75 | -- | 61 | -- | -- |
SC | 07 | -- | 06 | -- | -- |
ST | 03 | -- | 02 | -- | -- |
OBC | 06 | -- | 06 | -- | -- |
Civil Engg: Total | 78 | 76 | -- | 41 | 71 |
SC | 12 | 11 | -- | 01 | 10 |
ST | 00 | 01 | -- | 02 | 00 |
OBC | 04 | 09 | -- | 01 | 00 |
Electrical Engg. Total | -- | 77 | 58 | -- | 73 |
SC | -- | 06 | 05 | -- | 11 |
ST | -- | 02 | 00 | -- | 03 |
OBC | -- | 05 | 04 | -- | 06 |
Electro & Commu Engg | 73 | 73 | 31 | -- | -- |
SC | 11 | 07 | 05 | -- | -- |
ST | 01 | 02 | 00 | -- | -- |
OBC | 08 | 06 | 01 | -- | -- |
Mechanical Engg Total | 31 | 45 | -- | -- | -- |
SC | 02 | 06 | -- | -- | -- |
ST | 00 | 00 | -- | -- | -- |
OBC | 02 | 06 | -- | -- | -- |
Textiles Engg. Total | 30 | -- | -- | -- | -- |
SC | 00 | -- | -- | -- | -- |
ST | 01 | -- | -- | -- | -- |
OBC | 04 | -- | -- | -- | -- |
B Architecture. Total | -- | 26 | -- | -- | -- |
SC | -- | 03 | -- | -- | -- |
ST | -- | 01 | -- | -- | -- |
OBC | -- | 00 | -- | -- | -- |
Cumulative | 287 | 297 | 150 | 41 | 144 |
SC | 32 | 33 | 16 | 01 | 21 |
ST | 05 | 06 | 02 | 02 | 03 |
OBC | 24 | 26 | 11 | 01 | 06 |
Grand total admissions: 919. Out of this SC 103, ST 18, OBC 68.
H P University
UG Courses
Distribution of seats
Seats available for admission | Foreign Studies | Dept of Laws | Business Studies | Library Science |
Subsidized |
| 170 |
| 10 |
Non subsidized | nil | 10 |
| 20 |
NRI |
|
| 37 |
|
Nominated & other Quota |
|
|
| 7 |
Total | 193 | 180 | 116 |
|
SC | 24 | 25 | 12 |
|
ST | 12 | 13 | 7 |
|
OBC | nil | nil | nil |
|
EWS | No inf | No inf | No inf | 1 |
üSeat for EWS is supernumerary.
University Institute of Technology
Total seats (including SFS/NSS, others) available for admission: 300
Seats for SC/ST: As per 120 point roster (SFS/NSS, & others excluded).
University Institute of Legal Studies.
Total seats (including SFS/NSS, others) available for admission: 120
Admissions made: 120. Out of this SC: 11, ST: 06, OBC: Nil
HP University Regional Centre, Dharmshala
Total seats: 660, Admissions: 558, In roster: SC 74, ST 37, OBC Nil
Postgraduate Courses (HPU)
Category of seats | Biotech | Interdiscip. St | Laws | PopulationSt | Eco | Socio | Lifelong Lg | Psychology | Geography |
Subsidized |
| 35 | 21 | 15 | 75 |
| 35 | 25 | 25 |
Non-subsidised |
| 50 | 10 | 15 | 10 |
| 05 | 3 | 10 |
Supernumerary |
|
|
|
| 19 |
|
|
| 4 |
Nomi. & OQ |
|
|
| 5 |
|
|
|
|
|
Total | 30 | 85 | 31 | 35 | 104 | 50 | 40 | 28 | 39 |
SC | nil | Ad 2 | 3 | Ad 1 | 11 | 07 | 5 | 3 | 4 |
ST | nil | -- | 2 | Ad 1 | 05 | 04 | 2 | 2 | 2 |
OBC | 01 | -- | nil | nil | nil | nil | nil | nil | nil |
EWS | 03 | -- | NI | NI | NI | NI | 4 | 2 | 3 |
ü Admission to Biotechnology Course is conducted at AI basis
ü Seats to EWS are additional to total seats in Economics Course.
Sardar Patel University
Distribution of seats
Name of course | Sub | Non sub | Name of course | Sub | Non Sub |
Botany | 20 | 10 | Environ Science | 20 | 10 |
Chemistry | 20 | 10 | Ind Chemistry | 20 | 10 |
History | 30 | 15 | MBE | 20 | 10 |
MBA | 30 | 15 | MCA | 30 | 15 |
Physics | 20 | 10 | Pub Ad | 30 | 15 |
Zoology | 20 | 10 |
|
|
|
Total seats: Subsidized- 260, Non subsidized- 130
Reservation: only against subsidized seats.
Admissions against 120 point roster: SC 29, ST 10.
Moot points in relation to HPU & SPU
· Basis for excluding supernumerary, self financed/non subsidized seats from the ambit of reservation only to SC/ST when reservation to EWS is computed over and above total seats
· Denial of reservation benefits to OBC.
On adequacy of representation
Education is the predominant factor to bring about socio-economic amelioration of the depressed and deprived. Principle of reservation as per Article 15(4) of the Constitution of India is adequacy of representation. Adequacy has been correlated to proportional representation in case of SC and ST and Union of India and most of the States have been implementing this principle in the matter of reservation in public / grant-in-aid educational institutions. In case of OBC this is 27% in Central educational/ grant-in-aid institutions and the States have been providing reservation on the basis of size of population of OBC and demographic pattern of each State. State of HP has 25.22, 5.71 and 23 (tentative) percent SC, ST & OBC population respectively.
Reservation in admission to private educational institutions
There is competitive and parallel educational set up in private sector wherein there is hardly any opportunity available to the deprived and depressed. Therefore, it is imperative that education in private sector is also opened up to the SC/ST/OBC categories.
Article 15(5) of the Constitution of India lays down that“nothing in this Article or in sub clause (g) of clause (1) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far such special provision relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (i) of Article 30”.
FINAL ON EDUCATION
Debate on diagnosis and remedy
· Improvement in implementation within the ambit of laid down quantum and norms of concessions?
· Our MODEL based on Constitutional mandate, quantifiable data and prevailing circumstances determining such model?
· The way out?
Ravi Dhiman
An insightful review on the implementation of Protective Provisions in the Constitution in Himachal Pradesh, specifically focusing on the rights of SC, ST, and OBC communities. The article provides a comprehensive overview, shedding light on the challenges and successes in ensuring these protective measures reach the intended beneficiaries. The author's attention to detail and clear articulation make this a valuable read for anyone interested in understanding the dynamics of constitutional safeguards in the context of social justice in Himachal Pradesh.