Caste

NCSC to Review Centre’s De-Reservation Proposals Over Past Three Years

The commission has now decided to examine proposals submitted over the last three years to identify shortcomings in the implementation of reservation policy.

NCSC to Review Centre’s De-Reservation Proposals Over Past Three Years

NCSC Chairperson Kishor Makwana. Photo: X/@ikishormakwana

The National Commission for Scheduled Castes (NCSC) is set to scrutinise de-reservation proposals made by Union government departments over the past three years, amid continuing concerns over whether reserved vacancies meant for Scheduled Caste candidates are being filled in accordance with established rules, The Hindu reported.

The decision was taken at a commission meeting on June 4 and is aimed at examining whether government departments have adequately followed the reservation framework before seeking permission to fill reserved posts with candidates from unreserved categories.

De-reservation generally refers to allowing a post earmarked for a reserved category to be filled by an unreserved candidate. Existing rules prohibit the practice except in limited circumstances and require proposals to undergo scrutiny by the relevant national commission and other designated authorities.

The NCSC, headed by Gujarat BJP leader and author Kishor Makwana since March 2024, has previously raised concerns over the manner in which government departments have sought such approvals. Makwana’s tenure as chairperson runs until 2027.

A key point of disagreement between the commission and the Union government has been proposals concerning vacancies arising through promotions. The NCSC has repeatedly maintained that departments seeking de-reservation have not provided sufficient evidence to show that other avenues for filling reserved posts were exhausted.

The commission has now decided to examine proposals submitted over the last three years to identify shortcomings in the implementation of reservation policy.

According to The Hindu, the issue of alleged improper de-reservation has figured prominently in four of the five full commission meetings held since 2024.

Records reviewed by the newspaper show that proposals involving Union ministries, departments and public sector undertakings have repeatedly come before the commission. The NCSC did not approve several such proposals, citing deficiencies in the information and justification provided by the concerned departments.

The commission has also sought changes in the existing procedure followed by the Department of Personnel and Training (DoPT). It wants the period available to the NCSC to respond to de-reservation proposals increased from two weeks to one month.

The commission has further argued that departments should demonstrate that they have explored alternative methods of filling reserved vacancies before seeking de-reservation. Such measures could include deputation or short-term contractual appointments of eligible SC candidates. At present, departments are advised to consider such alternatives but are not required to establish that they have actually attempted them.

The NCSC had flagged similar concerns earlier. In November 2024, it directed the Union health ministry to constitute a committee to examine alleged irregularities in the reservation roster and de-reservation process at PGI Chandigarh. The commission had pointed to an alleged shortfall of 34 SC-reserved assistant professor posts.

The existing framework permits de-reservation of direct recruitment vacancies only under specified circumstances, including situations where keeping a Group A post vacant is considered contrary to public interest. Such proposals must be examined by the appropriate national commission before being considered by the Committee of Secretaries and other authorities.

A DoPT office memorandum issued on March 28, 2024, states that de-reservation requires approval from the relevant national commission and that an official record of the decision must be maintained. It makes a distinction, however, for ad-hoc appointments.

“There is no need for maintaining any separate formal register or roster register for ad-hoc promotions. The concept of de-reservation, carrying forward of reservation etc. will also not be applicable in the case of ad-hoc appointments. However, a simple register called Ad-hoc Promotions Register may be maintained for different categories of posts for which ad-hoc appointments are made to facilitate a record being kept of the ad-hoc appointments and for ensuring reversion in the proper order on regular promotions being made to the posts in question,” the memorandum clarifies.

The question of de-reservation has also triggered wider controversy in the education sector. In 2024, the University Grants Commission proposed that reserved teaching posts could be filled by general candidates if suitable SC, ST or OBC candidates were unavailable. 

The proposal drew criticism, following which then Union education minister Dharmendra Pradhan said that reserved seats in central educational institutions would not be taken away.

The NCSC’s latest review could therefore bring renewed scrutiny to how reserved vacancies are handled across the Union government, particularly where departments seek permission to depart from the reservation roster.

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