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)

 

1. Reservation in admission:

There are four pronged attacks on representation to SC/ST/OBC:

1.        Circumnavigation of the provisions for reservation.
2.       Incongruous deliverance
3.        Precedence to EWS and
4.       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 These instructions were withdrawn by the Government on 12.08.2021, without assigning any reason. HPU superseded the adoption on 23.08.21.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:

1.                     Circumnavigation of the provisions for reservation  
2.                  Incongruous deliverance,  
3.                Precedence to EWS and 
4.                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.

 

1. 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
Admissions	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:

 

1.                    “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).                             

                                               

2. 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
AIQ	15% of total sanctioned seats
HPSQ	80% for Govt Institutions for Himachalis;           65% of total sanctioned intake for Pvt Inst.
NRI	5% of total sanctioned intake
Management seats only in Pvt Inst	15% of total sanctioned intake in UG Courses only.
Supernumerary seats	5% for BPL etc- Tuition Waiver b) 15% for Foreign nationals    c) 2 seats in each Inst for Kashmiri Migrants
Lateral entry seats -II yr B Tech Course	10% over and above the sanctioned seats
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	Nagar	Kangra	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	--	--	--	--
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.

•      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.