Central government recently promulgated an ordinance The Central Educational Institutions (Reservation in Teacher’s cadre) ordinance, 2019 which restores the earlier 200-point roster-based reservation system in Higher Education Institutes.

Timeline

• The 200-point system of implementing reservations was adopted by all central universities by 2014.
• But in 2017 after Allahabad High court found the 200-point roster faulty, it ordered to implement a new 13-point roster system.
• Later the decision of High Court was upheld by Supreme Court.
• But recently government promulgated an ordinance to bring back 200-point formula.

Understanding 13-point formula  

• In 13-point formula, department is taken as the unit for application of reservation in colleges and universities and reservation will be provided as per the vacancies in department.

How this formula works?

• Under it, it is only after 13.33 positions (14 in round figure) are filled that every reserved category gets at least one post.
• The expression “13-point roster” reflects the fact that 13.33 (or 14) vacancies are required to complete one cycle of reservations.
• Calculations are made by dividing 100 by the percentage of reservation allotted to a category. For example, for STs reservation is 7.5% so 100/7.5% = 13.3, i.e. every 14th post for STs
• As per the calculations under it, every 4th, 7th, 8th, 12th, and 14th vacancies are reserved for OBCs, SCs, OBCs, OBCs, STs respectively. And same in the next 14 seats. It means 5 seats are reserved under every 14 seats.

200-point formula:

• Under it entire college was taken as a single unit and reserved seats are ensured based on the collective counting of seats.
• System ensures that out of every 200 seats 99 seats as per the mandated reservation go to the reserved categories and 101 seats are left unreserved.

Why High Court directed use of 13 point roster?

• High Court ordered the change of formula in Vivekanand Tiwari Vrs Union of India case.
• As per High Court, the then system was violating article 14(equality before law) and article 16(equality of opportunity in the matter of employment)
• Another reason given by the Court was that it could result in some departments having all reserved positions and some department having no reserved positions

What are the problems with 13-point formula?

• in the full cycle of 14 positions, only five posts — or 35.7% — go to the reserved categories. This number if far below to the mandated reservation of 49.5%.
• After adding the 10% quota for the economically weaker sections (EWS) the gap will widened further. As now every 10th reserved seat will be given to EWS group. It makes the reserved seats 6 out of every 14. It means 42.8% reservation when the ceiling is 59.5% (49.5% + 10%).
• In case a department is small and strength is 3 teachers/professors only. There will be no reservation because reservation will be provided on 4th eat only. First 3 seats are unreserved. Further if there are only 6 seats in the department then too only 1 seat will be reserved for OBC because SCs will be getting a 7th seat only.
• The problem of “some departments/subjects having all reserved candidates and some having only unreserved candidates” exists in the 13-point roster as well.
• On June 1, 2018, BHU advertised 80 posts, out of which 12 were reserved (under the 13-point roster). All these reserved posts were in the Department of Cardiothoracic Surgery and Otorhinolaryngology, while all posts in the Department of General Medicine were unreserved.
• Below given is the comparison of reserved position as per 200 point formula(old) and 13 point formula(new).

Benefits of 200-point system

• Once 200 seats are filled, all reserved categories can get their constitutionally mandated quantum of reservation.
• Even if there is lesser number of seats in one department and it is not possible to provide reservation in it, it would be compensated by filling more seats in other department.
• Although

Way forward

There have been pros and cons of every formula devised by either High Court or Central government, thus without giving into the popular demand there is requirement of indepth thinking for creating a formula which can remove the persisting problems of both the roster systems