IMPLEMENTATION OF PROTECTIVE PORVISIONS OF THE CONSTITUTION OF INDIA IN HP IN RELATION TO SC, ST & OBC.
Education A/1- Summary
(Based on information obtained for base year 2022 under the RTI Act)
- Reservation in admission:
There are four pronged attacks on representation to SC/ST/OBC:
- Circumnavigation of the provisions for reservation.
- Incongruous deliverance
- Precedence to EWS and
- Ambivalent commitment on scholarships.
Diverse norms in one State
- Horticulture and Forestry.
- SC 22%, ST 5% and OBC 15% (till academic sessions 2022-23).
- SC 15%, ST 7.5% and OBC 2 seats in each college (from academic sessions 2023-2024).
(Pattern of Medical Education adopted from 2023-24)
- Medical Education.
- State Quota & All India Quota: SC 15%, ST 7.5%
- OBC: No reservation in percentage. 4 seats in IGMC and 2 seats each in rest of the five GMCs under State Quota and 27% in All India Quota.
- Agriculture University
- 15% & 7.5% for SC & ST respectively.
- OBC: one seat in each seven UG course.
- Technical Education.
- SC 22%, ST 5%, OBC 18%.
- H P University & S P University
- SC: 15%, ST 7.5 %, OBC: Nil
Travesty of justice
- OBC have largely been deprived of their Constitutional right.
- There are inadequate provisions for SC/ST.
- Strategy for selective catalytic reduction in admission at work.
Structured retrogression
- Government of HP in the Department of Higher Education, issued instructions on 20.08.20 providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively, in admissions by applying 200 point roster. HPU adopted these instructions on 4.12.2020. These instructions were withdrawn by the Government on 12.08.2021, without assigning any reason. HPU superseded the adoption on 23.08.21.
- Government of HP in the Department of Horticulture issued instructions on 15.09.2020 providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively, in admissions. These instructions were adopted by UHF, Nauni, on 06.10.2020. Having implemented for three years UHF adopted the system being followed in Medical Education & Research from Academic Sessions 2023-24, in hot haste, without prior approval of either the Government or Academic Council or the EC.
Calculated Laisse-toi aller strategy at work
- Monitoring system is not in place. There is no accountability in case of aberrations.
- 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.
- Gaps in admissions against reserved seats are neither reviewed nor evaluated.
- Universities/Institutions have been working in derogation of their own ordinances/regulations as regards reservation in admission. Such ordinances/regulations provide a fixed percentage of reservation without any exceptions. To bye-pass and confound this Constitutional mandate, self financing/ non subsidized/ supernumerary seats, ICAR seats, NRI seats, other quota seats and the like have been arbitrarily projected, in key courses, as being outside the purview of reservation and filled up surreptitiously usurping the rights of oppressed.
- In coveted courses Economically Weaker Sections have been provided reservation ‘over and above total seats’. Therefore, SC/ST/OBC have been relegated to poor step cousins of EWS. For instance, in Agriculture University Palampur, 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.
- In some courses like B Sc (Medical Technology) rule of reservation has been completely ignored.
- One may gauze the level of manipulation that people have been made to believe that so called special seats like non subsidized/SFS are outside the ambit of rule of reservation.
Poor intake against reserved seats
- 30 seats were filled up without admitting a single SC/ST in the Biotechnology Course in HPU in 2022 admission.
- In MBA (Rural Dev), HPU, there were 15 subsidized and 35 non subsidized seats. 2 SC/ST each were admitted against subsidized seats.
- 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.
- In all the four Government Engineering Colleges, 919 students were admitted in 2022. Out of these 103 SCs, 18 STs and 68 OBCs were taken against roster which is less than half of total reserved seats.
Transfer of seats
- 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 counseling itself in hot haste.
- Relative poverty, minimum eligibility benchmark, higher cost of education, fees structures and systemic apathy are scourge to the deprived.
What is just and right?
- Principle of “one State one rule of reservation” may be adopted. Population is sole factor for determination of quantum of reservation. This has been held in a number of judgments by Honorable Supreme Court of India. Government of India and other State Governments have been following this norm. Himachal is not proactive in such matter. On the basis of quantum of population in HP, reservation in admission may be fixed in proportion to the population of SC & OBC in all Educational Institutions/ Universities uniformly, for the sake of justice and empowerment of these classes. 7.5% share of Scheduled Tribes is Constitutional mandate and has socio-administrative history. There is urgent need to enhance this provision under the prevailing situation.
- Law may be enacted to provide and regulate reservations both in Private and Government Educational Institutions.
- Earmarking more than 50% seats in all important courses as special seats and then selectively excluding them from the purview of reservation is a denial tactic and violative of prevailing rules of reservation. Therefore, seats reserved for SC, ST OBC may be computed on total and all forms of seats available for admission as is being done by CSK HP Agriculture University and other institutions in case of EWS.
- It is settled law that where reserved category candidates figure in merit they should be taken against open seats and not against rosters points. But there is deliberate and complete violation of this law in the matter of admissions. There is urgent need to put the things straight.
- In case of unavailability of candidates, seats may be transferred horizontally failing which such transfer should be inter reserved categories.
- Minimum eligibility criteria and fees structures may be rationalized to increase number of eligible candidates from reserved categories.
- Counseling should be transparent. Details of counseling 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.
- Officers of Universities and Institutions may be made personally and severally liable for gaps and deviations.
IMPLEMENTATION OF PROTECTIVE PORVISIONS OF THE CONSTITUTION OF INDIA IN HP IN RELATION TO SC, ST & OBC.
(Based on information obtained for base year 2022 under RTI Act).
-A miniscule perspective
Education A/2-Details
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
There are four pronged attacks on representation to SC/ST/OBC:
- Circumnavigation of the provisions for reservation
- Incongruous deliverance,
- Precedence to EWS and
- Ambivalent commitment on scholarships.
- There is apathetic and arbitrary dithering on the reservation issue. After moving one step forward Government and Universities have been taking two steps backwards. OBC have been largely denied of this Constitutional mandate.
- Population has direct nexus to the quantum of reservation. However, more than one fourth of SCs have been provided 15% reservation in critical education sectors like higher education, medical education, agriculture education.
- To circumvent even these minimized concessions, Universities /Institutions have been working in derogation of their own ordinances/regulations. Such ordinances/regulations provide a fixed percentage of reservation without any exceptions. To bye-pass and confound this Constitutional binding, self financing/ non subsidized/ supernumerary seats, ICAR seats, NRI seats, other quota seats and the like have been arbitrarily projected in coveted courses and filled up surreptitiously usurping the rights of oppressed.
- Where candidates are not available against vertical reserved category seats such seats are transferred to unreserved (general category). A large number of seats are transferred this way. In some cases of admission in the year 2022 such transfer was ab initio effected during first round of counseling itself.
- Relative poverty, minimum eligibility benchmark, higher cost of education, restrictive fees structures and systemic apathy are scourge to the deprived.
- Reserved categories candidates who figure in general merit are booked against the reserved seats. It settled law that where reserved category candidates figure in merit they should be taken against open seats and not against rosters points. But there is deliberate and complete violation of this law in the matter of admissions.
- Calculated financial barriers have been raised in key courses to preempt the admission of poor students-scholarship back up has been rendered to sheer ritual.
- Monitoring and evaluation system is not in place.
- Record relating to reservation provided in admissions is not even maintained.
- There is no accountability in case of deviations.
- There is method in aberrations.
- Illustrative outlines of status of reservation in admission.
Following status has emerged from the case study of admissions during
2022 (academic sessions 2022-23) in select institutions:
H P University
(Government of HP in the Department of Education, vide letter number EDN-A-F(7)-5/2013-Loose dated 20.08.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively in educational institutions in the matter of admissions. HPU adopted these instructions and circulated vide No. 3-60/20-HPU(Genl.) dated 4.12.2020 for implementation. But these instructions were withdrawn by the Government vide letter number EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021 and separate instructions were issued on the same day in case of EWS. Consequently vide No. 3-60/20-HPU(Genl.) dated 23.08.2021 HPU superseded circular of even number dated 4.12.2020 and adopted instructions of Government contained in letter No. EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021).
PG Courses (HPU)
Distribution of seats
| Name of Course | Nature of Seats | Total | SC: E/A | ST: E/A | BC: E/A |
| Biotechnology | All | 30 | 5/0 | 2/0 | 4/1 |
| Microbiology | Subsidized | 23 | 3/2 | 1/1 | - |
|
| Non subsidized | 22 | Nil | Nil | - |
|
| Supernumerary/spl | 17* | Nil | Nil | - |
| Forensic Science | Subsidized | 15 | 2/1 | 1/1 |
|
|
| Non subsidized/spl | 15+10 | ? | nil | - |
| Zoology | Subsidized | 15 | 2/2 | 1/1 | - |
|
| Non subsidized | 10 | Nil | Nil | - |
|
| Supernumerary | 19 | Nil | Nil | - |
| Botany | Subsidized | 10 | 2/2 | 1/1 | - |
|
| Non subsidized | 20 | Nil | Nil | - |
|
| Supernumerary | 19 | Nil | Nil | - |
| Environment Sc. | Subsidized | 15 | 2/2 | 1/1 | - |
|
| Non subsidized | 10 | Nil | Nil | - |
|
| Supernumerary | 20 | Nil | Nil | - |
| Lib. & Inf. Sc. | Subsidized | 10 | 1/1 | 1/1 | - |
|
| Non subsidized | 20 | Nil | Nil | - |
| Defence & Str Stud | Subsidized | 10 | 1/1 | 1/1 | - |
|
| Non sub/supernumerary | 20 | Nil | Nil | - |
| Arch and A History | Subsidized | 15 | 2/2 | 1/1 | - |
|
| Non sub/supernumerary | 20 | Nil | Nil | - |
| Journalism & MC | Subsidized | 25 | 3/3 | 1/1 | - |
|
| SFS/supernumerary | 16 | Nil | Nil | - |
| Yoga Studies | Subsidized | 15 | 2/1 | 1/1 | - |
|
| Non sub/supernumerary | 26 | Nil | Nil | - |
| Population Studies | Subsidized | 15 | 2/1 | 1/1 | - |
|
| Non sub/supernumerary | 20 | Nil | Nil | - |
| M Ed | All | 50 | E: 5 | E: 4 | E: Nil |
| PG Dip Cl Psycho | All | 20 | 0/1 | 0/1 | - |
| MA Physical Edu | Subsidized | 12 | 2/2 | 1/1 | - |
|
| Non subsidized | 5 | nil | nil | - |
| M.P. Ed | Subsidized | 24 | 3/3 | 2/2 | - |
|
| Non subsidized | 16 | Nil | nil | - |
| MBA (Rural Dev) | Subsidized | 15 | 2/2 | 2/2 | - |
|
| Non subsidized | 35 | nil | nil | - |
| MBA | Subsidized | 71 | 9/9 | 5/5 | - |
|
| Non subsidized | 53 | Nil | nil | - |
| MTTM (PG) | Subsidized | 25 | 4/4 | 2/2 | - |
|
| Non subsidized | 25/38 | nil | nil | - |
| Population Studies | Subsidized | 15 | 2/1 | 1/1 |
|
|
| Non sub/other quota | 20 | nil | nil | - |
E/A stands for seats Earmarked/Actually Admitted (E-Earmarked; A-actually Admitted).
- No SC/ST candidate was taken in Biotechnology course.
*Out of 17 supernumerary/special seats in Microbiology five were reserved for EWS. Reserved seats in this course in the share of SC/ST combine was four.
- All SC & ST candidates in Microbiology have come on merit and not against the roster points; but they have been shown against the reserved seats.
? In all eight SC candidates qualified and took admission on merit in Forensic Science. ST candidate also came on merit.
- In Defence and Strategic Studies four seats were earmarked to EWS under supernumerary seats classification. Total reserved seats were two in case of SC/ST combined.
- 63 seats were filled up in MTTM (PG) Course in admission year 2022. As against this four SC and two ST candidates were admitted which comes to 6% and 3% respectively.
UG Courses (HPU)
Distribution of seats
| Name of Course | Nature of seats | Total | SC: E/A | ST: E/A | BC:E/A |
| BHM | Subsidized | nil | - | - | - |
|
| Non subsidized | 40 | - | - | - |
| Library Science | Non subsidized | 10 | 2/1 | 1/1 | - |
|
| Non sub/ supernumerary | 28 | nil | nil | - |
| BALLB (Hons) | All | 120 | A:11 | A:6 | - |
| BBA | Subsidized | 40 | 6/6 | 4/4 | - |
|
| Non subsidized | 20 | nil | nil | - |
| BCA | Subsidized | 30 | 5/5 | 2/2 | - |
|
| Non subsidized | 20 | nil | nil | - |
Para 3.1(a) [under Chapter III (Admissions)] of the HPU ordinance provides that “15% and 7.5% of the seats shall be reserved for Scheduled Castes and Scheduled Tribes candidates, respectively….” Therefore, exclusion of certain seats out of the purview of reservation is against this basic tenet. Notwithstanding such unambiguous legal position HP University has been successfully finding ways and means to circumvent the provision derived from the Constitution of India.
- Ipso facto Sardar Patel University, sister institution of HPU, is also following HPU in such deviations.
(Government of HP in the Department of Education, vide letter number EDN-A-F(7)-5/2013-Loose dated 20.08.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively in educational institutions in the matter of admissions. HPU adopted these instructions and circulated vide No. 3-60/20-HPU(Genl.) dated 4.12.2020 for implementation. But these instructions were withdrawn by the Government vide letter number EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021 and separate instructions were issued on the same day in case of EWS. Consequently vide No. 3-60/20-HPU(Genl.) dated 23.08.2021 HPU superseded circular of even number dated 4.12.2020 and adopted instructions of Government contained in letter No. EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021.
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 |
| 75 | 132 | 35 | 55 | 36 | 10 | 06 |
| SC | 05 | 5 | 05 | 04 | 04 | 02 | 01 |
| ST | 03 | 3 | 02 | 02 | 02 | 01 | 01 |
| OBC | 01 | 1 | 01 | 01 | 01 | 01 | -- |
*Earmarked in compliance of order dated 22.11.2012 of HP High Court in CWP NO. 4872/2012- Aurag Singh vs State of HP.
- Total seats available for admission in all seven courses: 504
- Reservation: When computed on 15%, 76 seats were due for SC. ST could have got 38 seats @ 7.5 %. But actually 32 were earmarked to SC and 17 to ST. As against this EWS were provided 46 seats.
- In B Sc (H) Agriculture de facto representation given to SC is 3.7% and to ST it is 2.2%. Albeit it is 9% to EWS.
Postgraduate Programmes
Distribution of Seats
| Colleges | HP Bon | SFS | ICAR | Total | NRI | For. Nat. |
| 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 seats available for admission: 245
- Total reserved seats in four Colleges: SC-17 (7%), ST-9 (3.4%), 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.
Rule of reservation hauled and mauled
Regulations 2.7.4 of Academic Regulations 2011-12 applicable to reservation in admissions provides as follows:
- “15% and 7.5% seats will be reserved for the students belonging to the Scheduled Castes and Scheduled Tribes, respectively. In case the requisite number of candidates from one particular category of reservation i.e. Scheduled Caste or Scheduled Tribe is not available, seats will be filled up from the other category, but within 22.5% reservation limit..”.
It is clear from the bare reading of this regulation that unqualified reservation is mandatory in all the seats available for admission in an admission year. Denial of reservation in self financing, NRI, ICAR, supernumerary and other such seats in relation to SC/ST is blatant violation of rule of reservation. No such violation is, however, made in case of EWS category.
- 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.
UNVERSITY OF HORTICULTURE AND FORESTRY.
- (The Government of HP in the Department of Horticulture vide letter number HTC-G (10)-5/2018 dated 15.09.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively, in the matter of admissions in educational institutions. These instructions were adopted by University of Horticulture and Forestry, Nauni and such adoption was conveyed vide letter number UHF/Regr(Acad)/4-20/2020-25095-125 dated 6.10.2020 to the Chancellor and Government, among others. Vide notification No. UHF/Regr.(Acad)4-22(114)/2023-7577-7615 dated 14.06.2023 the UHF, unilaterally and in hot haste, without prior approval of either Government or Academic Council or the EC adopted the system of reservation in admission which is being followed in Medical Education and Research).
- 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 |
- 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 (7%), ST: 9 (2%) & OBC: 33 (6%)] and 56 [(SC: 29 (5.4%), ST: 7 (1.3%) & OBC: 20 (3.7%)] were actually admitted.
- 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.
- 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).
- The Government of HP in the Department of Horticulture vide letter number HTC-G (10)-5/2018 dated 15.09.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively, in the matter of admissions in educational institutions. These instructions were adopted by University of Horticulture and Forestry, Nauni and such adoption was conveyed vide letter number UHF/Regr(Acad)/4-20/2020-25095-125 dated 6.10.2020 to the Chancellor and Government, among others. Vide notification No. UHF/Regr.(Acad)4-22(114)/2023-7577-7615 dated 14.06.2023 the Registrar of UHF, unilaterally in hot haste and without the approval of either Government or Academic Council or the EC, notified adoption of the system of reservation in admission which is being followed in Medical Education and Research.
TECHNICAL EDUCATION
Scheme for allocation of seats (UG/PG Courses)
| Category | Allocations |
| 15% of total sanctioned seats |
| 80% for Govt Institutions for Himachalis; 65% of total sanctioned intake for Pvt Inst. |
| 5% of total sanctioned intake |
| 15% of total sanctioned intake in UG Courses only. |
|
|
| 10% over and above the sanctioned seats |
| 10% over and above the sanctioned intake |
Reservation: SC 22%, ST 5%, OBC 18%, EWS 10%.
Chart showing actual admissions in each College
| Courses |
| Kangra |
| 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 | -- | -- | -- | -- |
| -- | 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.
- De facto representation to SC comes to 11%, to ST it is less than 2% and in case of OBC 7.3%.
MEDICAL EDUCATION
U G Courses
Distribution of MBBS seats
| Quota /Category | IGMC Shimla | GMC Tanda | GMC Nahan | GMC Mandi | GMC Chamba | GMC H.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 | reserv | 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/aiq | 2/5 s/aiq | 2/5 s/aiq | 2/5 s/aiq |
- s/aiq stand for State/all India Quota
Reservation:-
- SC= 15% (both on AIQ & SQ),
- ST= 7.5% (both on AIQ & SQ)
- OBC= SQ : %age not laid down-seats earmarked; AIQ: 27%
- AIQ is as per guidelines of Government of India made in compliance of directive of Honorable Supreme Court of India.
Maharishi Markandeshwar Private Medical College, Kumarhatti.
Distribution of seats
| Total Seats | State Quota (25%) | Mgt Quota (75%) |
| 150 | 38 | 112 |
| Reserved for Scheduled Castes | 6 | 16 |
| Reserved for Scheduled Tribes | 3 | 8 |
| Reserved for OBC | 2 | 5 |
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 |
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 |
- In compliance of order of Division Bench of High Court in CWP No.440 of 1984, Dr Naresh Kumar Versus State of and others, Government of HP in the Department of Health and Family Welfare, issued instructions vide letter number Health-B(12)-1/83 dated 10.10.1984 to provide 15% reservation to SC and 7.5% to ST in degree and diploma courses. It has been further mentioned that “seats which fall against the reserved point for SC or ST would be treated as reserved for the said class irrespective of the fact that whether the same is to be filled from in service candidates or by direct candidates”.
- This rule is being violated in case of admission of in-service candidates in B Sc (Medical Technology).
- MOOT POINT
Population is the base for determination of reservation (discussed hereinafter, including in Part B under the caption “case for adequate representation in services”) – reason for 15% reservation to SC and allocation of fixed seats to OBC.
Dental Colleges
Distribution of seats
| Category of seats | HPGDC Shimla | HDC Sunder Nagar | BDC Nalagarh | HIDS, Paonta S. |
| Total Seats | 75 | 60 | 60 | 100 |
| All India Quota (15% out of 60) | 11 | - | - | - |
| State quota 50%, Mgt quota 50% | 64 | 30 | 30 | 50 |
| Reserved for SC (SQ) | 10 | 5 | 5 | 7 |
| Mgt Quota | - | 3 | 3 | 5 |
| Reserved for ST (SQ) | 5 | 2 | 2 | 4 |
| Management Quota | - | 2 | 2 | 3 |
| Reserved for OBC (State Quota) | 1 | 4 | 4 | 6 |
| Management Quota | - | 2 | 2 | 4 |
| Reserved for other categories (SQ) | 17 | 5 | 5 | 5 |
| Management Quota | - | 1 | 1 | 1 |
2. 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. But this State ignored this factor for long. Even now the concessions are in piecemeal.
- Aware of this gap HP Technical University has adopted increased quantum of reservation (SC 22%, ST 5%, OBC 18%, EWS 10%).
- The Government of HP in the Department of Horticulture vide letter number HTC-G (10)-5/2018 dated 15.09.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively, in the matter of admissions in educational institutions. These instructions were adopted by University of Horticulture and Forestry, Nauni and such adoption was conveyed vide letter number UHF/Regr(Acad)/4-20/2020-25095-125 dated 6.10.2020 to the Chancellor and Government, among others. However, vide notification No. UHF/Regr.(Acad)4-22(114)/2023-7577-7615 dated 14.06.2023 the UHF unilaterally adopted, in hot haste, the system of reservation in admission which is being followed in Medical Education and Research.
- Government of HP in the Department of Education, vide letter number EDN-A-F(7)-5/2013-Loose dated 20.08.2020 issued instructions providing 22%, 5%, 15% and 10% reservation to SC, ST, OBC and EWS respectively in educational institutions in the matter of admissions. HPU adopted these instructions and circulated vide No. 3-60/20-HPU(Genl.) dated 4.12.2020 for implementation. But these instructions were withdrawn by the Government vide letter number EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021 and separate instructions were issued on the same day in case of EWS. Consequently vide No. 3-60/20-HPU(Genl.) dated 23.08.2021 HPU superseded circular of even number dated 4.12.2020 and adopted instructions of Government contained in letter No. EDN-A-F(7)-5/2013-Pt-1 dated 12.08.2021.
- Agriculture University and Medical University, however, remain unmoved.
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”.
- Enactment of such law is long pending.
B- Scholarships
B/1-Summary
- Illustrations of dithering grants.
- Due to organized scam nearly 2.38 lakh students did not get pre-matric and post matric scholarships from 2009-10 to 2016-17.
- No budget was released during the financial years 2018-19, 19-20 & 20-21 and 50677 students did not get pre matric scholarships during those years. Similarly, due to deficient grants 5316 students did not get post matric scholarship during these years.
- No budget was released for post matric scholarship in 2021-22. Liabilities were cleared during 2022-23.
- During financial year 2022-23 Pre matric scholarships were not released to 19691 eligible students and to 22804 post matric eligible students.
- No post matric scholarships have been provided in Govt medical Colleges for the last seven years.
- The rate of scholarships are parochial-ranging from 625 to 7000 for day scholars and 1875 to 13500 to hostelers per annum in post matric scholarship scheme for SC students, for example.
- Inescapable ramification of such predicament is drop outs.
- The appeal
- Scholarship Schemes for SC/ST/OBC may be recast and made need based. Scholarships should come to the rescue of deprived at the time of admissions and periodically thereafter.
- Schemes may be rationalized- also to cater to boarding/lodging needs - and to keep pace with sustained upsurge in cost of education-particularly professional and technical.
- Scope of scholarships may be extended to studies in designated overseas Institutions. Some States have such succoring measures.
- Students whose scholarships were not paid may be compensated for disadvantage and loss of opportunities.
- B/2 Details
SCHOLARSHIPS
(Based on the information obtained for base year 2022 under the RTI Act)
Background
Implementation of scholarship schemes has been full of uncertainties and deficiencies. The State has been implementing various scholarship schemes with overlapping eligibilities. Among them following are exclusively for weaker sections:
- ‘Pre-matric scholarships scheme for the students belonging to SC and others.
- Post- matric scholarships scheme for the students belonging to SC.
- ‘Pre-matric scholarships scheme for the students belonging to ST.
- Post- matric scholarships scheme for the students belonging to ST.
- ‘Pre-matric-PM YASASVI scholarships scheme for the students belonging to EBC, OBC, DNT.
- Post-matric- PM YASASVI scholarships scheme for the students belonging to EBC, OBC, DNT.
- Objective of these schemes is to improve enrollment ratio of disadvantaged children, minimize the incidence of drop outs and impart quality education.
- These are centrally sponsored schemes with budget sharing pattern of 90:10 of Central and State Government except post matric scheme of SC wherein the funding pattern is 60:40.
- These schemes are available for all courses in Government as well as private institutions.
Parochial policy framework
- These scholarship schemes mainly provide financial assistance to match compulsory non refundable fees like tuition fees, admission fees, examination fees, registration fees, IT fees etc of the students and in case of hostelers maintenance allowance, additionally. They do not take into consideration other charges like boarding/lodging, development fees, library fees, building funds and the like. Barring exceptions, rates of scholarships range from Rs 625/- to 7000/- for day scholars and 1875/- to 13500/- for hostelers per annum depending upon classes and courses of the beneficiaries. Other scholarship schemes mainly for technical and professional courses may be have better financial concerns than the above schemes. But they are still parochial and wanting.
- Many States provide realistic financial back up for educating the deprived and downtrodden from State Budgets. For example, Karnataka, Punjab, Telangana provide assistance upto one crore, twenty five lacs and twenty lacs respectively, for overseas study of each such student. But Himachal, where more than 50% population belong to SC, ST & OBC combine, has distinction of not releasing in time, even 10% State share against the centrally sponsored schemes. There are instances where it was not released at all. It may be mentioned that funds for scholarships are released from Scheduled Castes Sub Plan/ Tribal Area Sub Plan (now SC/ST Development Programs).
Disarrayed Deliverance
Unrivalled rip offs: There was organized fix of unparallel magnitude from the year 2009-10 to 2016-17 where approximately two hundred and fifty crores of scholarship money was siphoned out and grabbed by private Institutions and Universities in and outside the State. The scam was busted in the year 2018 by the whistle blowers and first FIR was filed on 16.11.2018. The case was then handed over to the CBI and second FIR was filed by the CBI on 19.05.2019.
Vulnerable sinned without sinning: It remains to be seen as to what happens to poaching case. But there is other aspect of the gimmick which has been completely ignored. Nearly 2.38 lakh boys and girls in whose names the scholarship amounts have been drawn by the scammers did not get the money- neither will they be eligible for such concessions in future. Therefore it is loss of opportunities for them. No thought has been given as to how they should be compensated. Such deprivation is sinning without sin.
Strategy sans need: Scholarships should come to the rescue of deprived at the time of admissions and periodically thereafter. But financial assistance is delivered at the fag end of the year or after the completion of academic sessions. There are “Freeship Cards” inbuilt in the scholarships schemes. “Freeship Card” means card issued by the State Government that entitles a student eligible for scholarship to take admission in an institution without pre-payment of tuition fee and hostel fee. But this scheme is not put into operation. Albeit, this is also deficient to cater to the periodical needs of the deprived students.
Hard times: Post rip offs period also saw difficult time to a large number of SC students because of deficiency in implementation of Pre-matric and Post-matric scholarship schemes for the students belonging to SC and others. Following Illustrations of deficiency and deprivation shall suffice to vindicate this fragmentary script:
- Financial year 2018-19:
- No budget was allocated by the State Government for pre-matric scholarship scheme and therefore no central assistance was released. Consequently 24058 eligible students did not get scholarship.
- 1962 eligible students did not get post matric scholarship.
- Financial year 2019-20:
- No budget was allocated by the State Government for pre-matric scholarship scheme and therefore no central assistance was released. Consequently 20436 eligible students did not get scholarship.
- 2228 eligible students did not get post matric scholarship.
- Financial year 2020-21:
- No budget was allocated by the State Government for pre-matric scholarship scheme. 6183 eligible students did not get scholarship.
- 1126 eligible students did not get post matric scholarship.
- Financial year 2021-22:
- No budget was allocated by the State Government for post-matric scholarship scheme. Liabilities cleared from the budget of 2022-23.
- Financial year 2022-23:
- Scholarship not released to 19691 eligible students of pre-matric stage and to 22804 of post matric courses till March 2023.
- Financial year 2024-25 (Feb, 2025):
- Scholarships are yet to be disbursed.
- No scholarship was provided to the students of professional courses in the medical colleges from 2016-17 to 2021-22 (period of our study).
- Hostelers are being provided Pre-matric scholarships only at the rate what is available for day scholars.
- Pre-matric scholarships have not been extended to private institutions.
- There is pattern in aberration.
- There are instances of unfair play by some private institutions-no serious lessons have been learnt from numero uno scam.
In conclusion
Such troubles and errors in the Scholarship front definitely affect enrollment ratio of disadvantaged children, enhances the incidence of drop outs and hinders impart quality education of students belonging t vulnerable classes. Though we have not come across any independent study on implication of erratic scholarships on dropouts, inter alia, in Himachal; however, status of dropouts of students belonging to weaker sections from Central Universities, IITs & IIMs for the last five years are as follows:
| Institutions | SC | ST | BC | Total |
| Central Universities | 2424 | 2622 | 4596 | 9642 |
| Indian Institutes of Technology | 1068 | 408 | 2066 | 3542 |
| Indian Institutes of Management | 188 | 91 | 163 | 442 |
| Grand total | 3680 | 3121 | 6825 | 13626 |
Independent study shows that poverty and lack of sustained financial back up largely contribute to such dropouts.
Continuing enigma
- It is time that scholarship schemes are revamped and strategy for their administration recast.
- SC, ST & OBC students of Himachal have potential to dominate the national scene provided their aspiration levels are raised by sustained systemic push.
- Outstanding students of these categories should be adopted as students of State and provided free education in best institutions under the sun.
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.