What reservation norm should be followed in Manipur University

Dr Yumkhaibam Rajesh *

Manipur University Library at Manipur University (MU), Canchipur in April 2012 :: Pix - Phurailatpam Banti

It is quite unfortunate that Manipur University, the highest educational institute remains totally shut down for the last couple of weeks due to controversy regarding reservation of seats in admission. Academic sessions for the year 2016-2017 are unable to proceed ahead. Moreover, current 3rd semester students are also unable to attend classes. Those students who have just appeared 4th semester examination are also unable to submit their dissertation, so as to finally complete their respective MSc and MA course/degree. 

If proper measures are not taken up in time hundreds of students are on the verge of losing their careers. It will be ultimately a great lose for the State as well as for the nation. Students are the pillars of the nation and they are our future.  It might also be remembered that MU recreation hall and nearby/adjacent shops were totally burnt down to ash on the late night of 3rd Oct 2016 in relation to this issue. Reservation in admission problem started way back from academic session 2013-2014.

It is quite disheartening that the reservation problem has not been solved till date thereby worsening the academic environment of Manipur University. Hope such kind of situation repeat never again in the future of MU. Admittedly, Manipur University as of now is a recognized central university by an act of parliament [The Manipur University act, 2005] .

The reservation norm to be followed by any central university located in various states of India is governed by the “The Central Educational Institutions (Reservation in Admission) Act, 2006” (CEI Act, 2006) ‘

An act to provide for reservation in admission of the students belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens, to certain Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto’ and “The Central Educational Institutions (Reservation in Admission) amendment Act, 2012” (CEI amendment Act, 2012) ‘An Act to amend the Central Educational Institutions (Reservation in Admission) Act, 2006’.

Section 3 clauses (i), (ii) and (iii) of CEI Act 2006 states that- The reservation of seats in admission and its extent in a Central Educational Institution shall be provided in the following manner, namely:-
(i) Out of the annual permitted strength in each branch of study or faculty, fifteen per cent seats shall be reserved for the Scheduled Castes;
(ii) Out of the annual permitted strength in each branch of study or faculty, seven and one-half per cent seats shall be reserved for the Scheduled Tribes;
(iii) Out of the annual permitted strength in each branch of study or faculty, twenty-seven per cent seats shall be reserved for the Other Backward Classes;

Section 4 of CEI act, 2006 also states that- The provisions of section 3 of CEI act 2006 shall not apply to-
(a) a Central Educational Institution established in the tribal areas referred to in the Sixth Schedule to the Constitution;
(b) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the Schedule to this Act: (The schedule is given below) Provided that the Central Government may, as and when considered necessary, by notification in the Official Gazette, amend the Schedule;
(c) a Minority Educational Institution as defined in this Act;
(d) a course or programme at high levels of specialisation, including at the post-doctoral level, within any branch of study or faculty, which the Central Government may, in consultation with the appropriate authority, specify.

THE SCHEDULE [See section 4(b)]

Names of the Institutions of Excellence, etc
1. Homi Bhabha National Institute, Mumbai and its constituents units, namely
(i) Bhabha Atomic Research Centre, Trombay;
(ii) Indira Gandhi Centre for Atomic Research, Kalpakkam;
(iii) Raja Ramanna Centre for Advanced Technology, Indore;
(iv) Institute for Plasma Research, Gandhinagar;
(v) Variable Energy Cyclotron Centre, Kolkata;
(vi) Saha Institute of Nuclear Physics, Kolkotta;
(vii) Institute of Physics, Bhubaneshwar;
(viii) Institute of Mathematical Sciences, Chennai;
(ix) Harish-Chandra Research Institute, Allahabad;
(x) Tata Memorial Centre, Mumbai.

2. Tata Institute of Fundamental Research, Mumbai.
3. North-Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong.
4. National Brain Research Centre, Manesar, Gurgoan.
5. Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.
6. Physical Research Laboratory. Ahmedabad.
7. Space Physics Laboratory, Thiruvananthapuram.
8. Indian Institute of Remote Sensing, Dehradun.

Manipur University does not fall under any of the provisions as mentioned in clause (a), (b), (c) and (d) of section 4 of CEI act 2006. So, as per CEI act 2006 it is crystal clear that Manipur University should follow Section 3 clause (i), (ii) and (iii) of CEI act 2006 i.e . 15% for SC, 7.5% for ST and 27% for OBC during admission in various courses at various departments.

The Central Educational Institutions (Reservation in Admission) Amendment Bill, 2010 was introduced in the Rajya Sabha on August 6, 2010 to amend the Central Educational Institutions (Reservation in Admission) Act, 2006 (Principal Act). There are two keys amendments. (As per parliamentary standing committee on human resource development chaired by Oscar Fernandes).

Reservation for Other Backward Classes (OBCs) in tribal areas under Sixth Schedule is being amended. Second, the time-frame for full implementation of the Act is being extended. Subsequently the bill becomes an act called as “The Central Educational Institutions (Reservation in Admission) Amendment Act, 2012” and came into effect on 19th June 2012.

Section 2 of CEI amendment Act, 2012 states that- In section 2 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (hereinafter referred to as the principal Act), after clause (i), the following clauses shall be inserted, namely:- ‘(ia) “specified north-eastern region” means the area comprising of the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and the tribal areas of Assam referred to in the Sixth Schedule to the Constitution; (ib) “State seats”, in relation to a Central Educational Institution, means such seats, if any, out of the annual permitted strength in each branch of study or faculty as are earmarked to be filled from amongst the eligible students of the State in which such institution is situated;’.

Section 3 of CEI amendment Act, 2012 states that- In section 3 of the principal Act, the following provisos shall be inserted, namely:-
“Provided that the State seats, if any, in a Central Educational Institution situated in the tribal areas referred to in the Sixth Schedule in the Constitution shall be governed by such reservation policy for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes, as may be specified by notification in the official Gazette, by the Government of the State where such institution is situated:
Provided further that if there are no State seats in a Central Educational Institution and the seats reserved for the Scheduled Castes exceed the percentage specified under clause (i) or the seats reserved for the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for the Scheduled Castes and the Scheduled Tribes taken together exceed the sum of percentage specified under clauses (i) and (ii), but such seats are- (a) less than fifty percent of the annual permitted strength on the date immediately preceding the date of commencement of this Act, the total percentage of the seats required to be reserved for the Other Backward Classes under clause (iii) shall be restricted to the extent such sum of percentages specified under clauses (i) and (ii) falls short of fifty percent of the annual permitted strength;

(b) more than fifty percent of the annual permitted strength on the date immediately preceding the date of commencement of this Act, in that case no seat shall be reserved for the Other Backward Classes under clause (iii) but the extent of the reservation of seats for the Scheduled Castes and the Scheduled Tribes shall not be reduced in respect of Central Educational Institutions in the specified north-eastern region”.

Till date Manipur University neither have any state seat nor Manipur University is situated in tribal areas referred to in the sixth Schedule in the constitution. So, it is crystal clear that the first proviso of section 3 as inserted in CEI Amendment Act, 2012 has no applicability in the case of Manipur University.

The second proviso spells that if here are no State Seats in a Central Educational Institution and That the seats reserved for the Scheduled Castes exceed the percentage specified under clause (i) ie 15% for SC; That the seats reserved for the Scheduled Tribes exceed the percentage specified under clause (ii) ie 7.5% for ST That the seats reserved for the Scheduled Castes and the Scheduled Tribes taken together exceed the sum of percentage specified under clauses (i) and (ii) i.e. 22.5%.

In case of Manipur University, immediately before the amended provisions came into effect (on 19th June 2012) (on the date immediately preceding the date of commencement of this Act ie CEI Amendment Act, 2012), the reservation norm followed in Manipur University in the year 2011 was: 15% for SC, 7.5% for ST and 27% for OBC as per CEI Act, 2006.

Therefore, the seat reserved for Schedule Castes and Schedule Tribes never exceed the percentage specified under clause (i) and (ii) nor the seats reserved for the Scheduled Castes and the Scheduled Tribes taken together never exceed the sum of percentage specified under clauses (i) and (ii) ie 15+7.5=22.5%. It is again crystal clear that the second proviso is not attracted in the case of Manipur University, therefore, have no applicability in Manipur University.

What reservation norm should be followed in Manipur University? So, after an in-depth and through analysis of CEI Act, 2006 and CEI Amendment Act, 2012, it is quite obvious that as Manipur University, being a central University receiving 100% grant-in-aid from Central Government/UGC, should follow CEI Act, 2006 and CEI Amendment Act, 2012 ie 15% for SC, 7.5% for ST and 27% for OBC till further notification from the appropriate authority ie HRD Ministry/UGC.

The conclusion is without any bias, truly and sincerely based on the natural, rational and simple interpretation of the aforementioned Acts. It’s my sincere and humble request to all, that Manipur University reservation issue be resolved at the earliest so that careers of hundreds of students are saved in time. A stitch in time saves nine.

Tomorrow might be too late to save Manipur University. All matters can be resolved through peaceful dialogue.