DUTA Letter to Chairman, Parliamentary Standing Committee for SCs/STs

10 December 2014

You may be aware that currently around 5000 teaching posts (50% of the total posts) are lying vacant in Delhi University, with ad hoc and guest teachers working against them. Appointments have recently begun under pressure from the MHRD/UGC. However, the manner of appointment threatens to undo the entitlement to reservation enshrined in the Constitution since the Reservation roster being used by the University is in violation of the DoPT/UGC guidelines (DoPT Office Memorandum, 2.7.1997 and UGC Guidelines of 2006).

The Delhi University Vice-Chancellor has unilaterally decided to implement the 200-Point reservation roster in a manner that violates the Government’s rules on the correct implementation of Roster. The DUTA has been raising this issue and has also brought out a report on the Implementation of the 200 point roster in Delhi University in December 2013 (copy attached). Teachers’ groups working for the welfare of SCs/ STs and OBCs have also been forced to approach the court as the University is not willing to engage in any discussion on the matter. The VC has also ignored letters issued by the MHRD and the UGC (copies attached). Representations to the SC/ ST Commission have also not brought any relief so far. We wish to summarise the following as glaring violations of the reservation roster in Delhi University:

1. The Reservation Roster has been implemented in an erroneous manner by bringing in the Replacement principle even before fulfilling mandatory percentage of 15% for SC, 7.5% for ST and 27% for OBC categories. Since there is a historic shortfall in reservation, the roster has to be maintained as a running account till the mandatory percentage reservations are fulfilled. Only then will the Replacement principle apply. The Hon’ble Supreme Court has observed in the R. K. Sabharwal vs State of Punjab Judgment (1995): “The roster is implemented in the form of a running account from year to year. The purpose of ‘running account’ is to make sure that the Scheduled Castes/Tribes and Backward Classes get their percentage of reserved posts…Once the posts earmarked for the Scheduled Castes/Tribes and Backward Classes on the roster are filled the reservation is complete. Roster cannot operate any further and it should be stopped. Any post falling vacant, in a cadre thereafter, is to be filled from the category – reserved or general – due to retirement etc. of whose member the post fell vacant.” In the case of the Delhi University approved roster, the shortfall will not be fulfilled till 2050 as permanent unreserved will only be ‘replaced’ by reserved posts when all the present unreserved incumbents, the last of whom was appointed in 2010, retire.

2. Regarding the determination of Backlog in reservation (number of posts that should have been earmarked for each reserved category after adoption of the post based reservation by Delhi University w.e.f. 2.7.1997, but not filled up due to erroneous implementation), the University has ignored the Backlog from 2.7.1997 in the case of SCs and STs as it has arbitrarily implemented the200-point roster w.e.f. 4.9.2013.

3. Further, the University roster leaves ample room for manipulation by authorities. Manipulation has taken two forms (a) Vacant positions are arranged in between filled positions. Hence, by manipulating the number of vacant positions, Principals are arbitrarily changing the roster points. For example, in Deen Dayal Upadhyaya College, there are 122 sanctioned positions but the roster has been made only for 106. (b) The overall number of vacancies earmarked for a reserved category is falling short of the prescribed percentage. For example in Deshbandhu College, out of 73 posts advertised, only 9 are reserved for SC and only 4 for ST, which comes to 12.3% and 5.5 % instead of the mandated 15% and 7.5% respectively. In addition, posts for PWD category have not been earmarked.

Since the process of filling up more than 4,500 posts is taking place at a very fast pace, grave injustice will be done to candidates from reserved categories if prompt remedial action is not taken in this matter. In several colleges, ad hoc teachers belonging to reserved categories have already been displaced due to the faulty roster adopted by Delhi University.

We appeal to you examine the implementation of the reservation policy in Delhi University and request your urgent intervention in this matter to redress the legitimate grievances of the University’s teaching community and ensure that the Constitutional rights of aspirants from SC, ST, OBC and PWD categories are protected.

We wish to add that the Vice-Chancellor, who is personally responsible for the violation of the Constitutional provision for Reservation outlined above, will continue to do everything in his power to stall the correction of the roster. The DUTA has prepared a White Paper that provides a comprehensive account of his gross abuse of power and the misgovernance he has inflicted on the University. We have submitted this White Paper to the Visitor (President of India) and the Minister for HRD with the appeal for a Visitorial enquiry and his removal from office. As reported in the press, the Satyam Committee set up by the UGC has subsequently found him guilty of gross financial misappropriation of over 100 cores from the OBC Expansion Grant (earmarked for expanding infrastructure and appointing more teachers to cater to the 54% increase in student-intake) to purchase laptops for the FYUP batch of students. We are submitting a copy of the White Paper to you as well and request you to also take up this matter so that the VC is removed from office at the earliest. Only then can we hope for a return to normalcy, the rule of law and respect for the Constitutional provision for Reservation in the University.