Committee on Backward

COMMITTEE ON WELFARE OF OTHER 2 BACKWARD CLASSES (2019-20)

(SEVENTEENTH LOK SABHA)

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

‘Measures undertaken to secure representation of OBCs in admissions and employment in Kendriya Vidyalayas/Navodaya Vidyalayas and Sainik Schools/Rashtriya Military Schools'

SECOND REPORT

LOK SABHA SECRETARIAT NEW DELHI

December, 2019/ Agrahayana 1941 (Saka)

SECOND REPORT

COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20)

(SEVENTEENTH LOK SABHA)

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

‘Measures undertaken to secure representation of OBCs in admissions and employment in Kendriya Vidyalayas/Navodaya Vidyalayas and Sainik Schools/Rashtriya Military Schools'

Presented to Lok Sabha on 13 December, 2019 Laid in Rajya Sabha on 13 December, 2019

LOK SABHA SECRETARIAT NEW DELHI

December, 2019/ Agrahayana 1941 (Saka)

C.O.OBC No. 34

Price : Rs

@2014 BY LOK SABHA SECRETARIAT

Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fifteenth Edition) and printed by the General Manager, Government of India Press, Minto Road, New Delhi-110002.

CONTENTS PAGE

COMPOSITION OF THE COMMITTEE (2019-20)...... (i)

INTRODUCTION …………………………………………………………………………………(iii)

PART-I Narration Analysis

CHAPTER I Introductory...... 1

CHAPTER II Constitutional and Legal Provisions for reservation of OBC Students in admissions to Kendriya Vidyalayas/ Navodaya Vidyalayas and Sainik Schools/ Rashtriya Military Schools ...... 4

CHAPTER III Representation of OBCs in Employment of Teachers and Staff under Kendriya Vidyalaya Sangathan/ Navodaya Vidyalaya Samiti and Sainik Schools/ Rashtriya Military Schools...... 17

PART-II

Observations/Recommendations...... 22

ANNEXURES

ANNEXURE-I The Constitution (Ninety-Third Amendment) Act, 2005 …………….………28

ANNEXURE-II Guidelines for admission in Kendriya Vidyalayas………………..……....….30

ANNEXURE-III Navodaya Vidyalayas Scheme ……………………………………..…………47

ANNEXURE-IV Extracts of Sainik School Admission Rules as approved by the Board of Governors ……………………………………………………………………….55

APPENDICES

I. Minutes of the Sitting of the Committee held on 25.10.2019...... 56 II. Minutes of the Sitting of the Committee held on 19.11.2019...... 59 III. Minutes of the Sitting of the Committee held on 12.12.2019...... 62

COMPOSITION OF THE COMMITTEE ON WELFARE OF OBCs (2019-20)

SHRI GANESH SINGH- CHAIRPERSON

MEMBERS LOK SABHA 2. Shri Ramesh Bidhuri 3. Shri S. Jagathrakshakan 4. Smt S. Jothimani 5. Shri Dileshwar Kamait 6. Smt. Raksha Nikhil Khadse 7. Shri Bandi Sanjay Kumar 8. Shri Sadashiv Kisan Lokhande 9. Dr. (Smt.) Pritam Gopinathrao Munde 10. Shri Balak Nath 11. Shri Ajay Nishad 12. Dr. Sanghamitra Maurya 13. Shri Parbhatbhai Savabhai Patel 14. Shri Kapil Moreshwar Patil 15. Shri Mahesh Sahoo 16. Shri Sanjay Seth 17. Shri Ram Shiromani 18. Shri K. Sudhakaran 19. Shri Rajesh Verma 20. Shri Ashok Kumar Yadav

RAJYA SABHA 21. Shri Ram Narain Dudi 22. Shri T.K.S. Elangovan 23. Shri B.K. Hariprasad 24. Shri Vishambhar Prasad Nishad 25. Dr. Banda Prakash 26. Shri K.K Ragesh 27. Smt. Vijila Sathyananth 28. Shri Ram Nath Thakur 29. Smt. Chhaya Verma 30. Shri Harnath Singh Yadav

SECRETARIAT

1. Smt Anita B. Panda - Joint Secretary 2. Shri N.K. Pandey - Director 3. Shri Md. Aftab Alam - Additional Director 4. Shri Janmesh Singh - Deputy Secretary

INTRODUCTION

I, the Chairperson, Committee on Welfare of Other Backward Classes (2019-20) having been authorised by the Committee to present the Report on their behalf, present this Second Report on ‘Measures undertaken to secure representation of OBCs in admissions and employment in Kendriya Vidyalayas/Navodaya Vidyalayas and Sainik Schools/Rashtriya Military Schools' pertaining to the Ministry of Human Resource Development.

2. The Committee had taken evidence of the representatives of the Ministry of Human Resource Development (Department of School Education and Literacy) and Ministry of Defence on 25.10.2019 and 19.11.2019 in connection with examination of the subject. The Committee wish to express their gratitude to the representatives of the Ministry of Human Resource Development (Department of School Education and Literacy) and Ministry of Defence for appearing before the Committee for evidence and furnishing the information desired by the Committee in connection with the examination of the subject.

3. The Report was considered and adopted by the Committee at their sitting held on 12.12.2019.

4. The Committee place on record their appreciation for the valuable assistance rendered to them by the officials of the Lok Sabha Secretariat attached to the Committee.

5. For facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in Part-II of the Report.

NEW DELHI; GANESH SINGH, 12 December, 2019 Chairperson, 21 Agrahayana, 1941 (Saka) Committee on Welfare of Other Backward Classes

iii

PART-I

NARRATION ANALYSIS

CHAPTER I

INTRODUCTORY

The Constitution of India is committed towards ensuring social justice to the socially, economically and educationally backward sections of the society in various forms. Provision of reservation in employment in the public sector is a form of affirmative action which is aimed at ameliorating the socio-economic condition of the under-represented communities in public employment. However, to realize this objective, it is imperative that proper education at Primary and Secondary level is provided to the children belonging to the backward sections of the society in order to enhance their participation at various levels. Education has been seen as a powerful tool for emancipation, participation and social equality of all. For ensuring the same, the Government had opened, in addition to the already existing schools, some new categories of schools under its aegis under various schemes and programmes while increasing the outreach of education. The Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools and Rashtriya Military Schools are such categories of schools having been set up by the Government to fulfill educational needs of a specific segment of population or for achieving well laid-out purposes. About these schools, the following information was furnished to the Committee:

Kendriya Vidyalaya Sangathan (KVS)

1.2 The Committee were informed that the Government of India had approved the Scheme of Kendriya Vidyalayas in November 1962 to provide educational facilities for the children of transferable Central Government/Defense employees. Initially, 20 Regimental Schools in Defence Stations were taken over as Central Schools during the Academic Year 1963-64 and functioned as a unit (Central School Unit) of the Ministry of Education, Government of India. On 15.12.1965, it was registered as “Central Schools Organisation” as a Society and became an autonomous organisation. On 03.07.1967, the name was changed to ‘Kendriya Vidyalaya Sangathan’ which took over the task of opening and managing the Central Schools, henceforth

1 called Kendriya Vidyalayas. As on 22.10.2019, there are 1227 Kendriya Vidyalayas including three functioning abroad at Kathmandu, Moscow and Tehran.

Navodaya Vidyalaya Samiti (NVS)

1.3 In pursuance of the recommendations of the National Policy of Education (NPE), 1986 for setting up of residential schools where good quality education could be imparted to the talented children from rural areas, a Central Sector Scheme was launched by the Government of India in 1986 envisaging setting up of Jawahar Navodaya Vidyalayas (JNVs) in each district of country. These JNVs are run by an autonomous organisation, the Navodaya Vidyalaya Samiti (NVS) established in 1986 under the Societies Registration Act, 1860. JNVs are co-educational residential schools having classes from VI to XII. Admission to the JNVs is done on the basis of a selection test designed and conducted by the CBSE. So far 661 JNVs have been sanctioned in the country, out of which 637 are functional.

KVS and NVS are under the Department of School Education and Literacy, Ministry of Human Resource Development

Sainik Schools

1.4 The aim behind establishing Sainik Schools (introduced in 1961) was of preparing boys academically, physically and mentally for entry into the National Defence Academy. The other objectives of the scheme are:-

a) To remove regional imbalance in the officer cadre of the defence services.

b) To develop qualities of body, mind and character to enable the young boys of today to become good and useful citizens of tomorrow.

c) To bring public school education within the reach of the common man.

Sainik Schools are managed by Sainik Schools Society which is registered under the Societies Registration Act. The overall administration, supervision and control of the Sainik Schools vests with a body called the Board of Governors, Sainik Schools under the Chairmanship of Raksha Mantri. For close control and supervision over the affairs of Sainik Schools, there is an Executive Committee under the Chairmanship of Defence Secretary. At present there are 31 Sainik Schools functioning in the country under the Ministry of Defence.

Rashtriya Military Schools

1.5 The Rashtriya Military Schools were established as King George’s Royal Indian Military schools to take care of the education of the sons of defence personnel. In 1952, the schools were reorganized on Public School lines and admissions were made open to the sons of Defence Service Officers and civilians. In 1954, the School became member of the Indian Public Schools Conference (IPSC) and continues to be an active member till date. The schools were renamed Military Schools in 1966 and on 25th June, 2007, the schools got their present name “Rashtriya Military School”. Rashtriya Military Schools (RMSs) are located at Chail (Himachal Pradesh), Ajmer (Rajasthan), Belgaum (Karnataka), Bengaluru (Karnataka) and Dholpur (Rajasthan). These schools are CBSE affiliated, fully residential public schools, which function under the aegis of Ministry of Defence.

1.6 The fact that there is no provision for reservation of OBCs in admissions to these institutions has been engaging the attention of the Committee. It had been felt that the Constitutional guarantee of fair representation of OBCs in employment and their empowerment will not succeed if proper educational opportunities at Primary and Secondary Level are not given to their children. Accordingly, the Committee decided to examine in detail the claims of OBCs for providing reservations in admission in these institutions in the light of various Constitutional Rights and legal entitlements available to them and given their observations and recommendations thereafter in this Report.

CHAPTER II

CONSTITUTIONAL AND LEGALPROVISIONS FOR RESERVATION OF OBC STUDENTS IN ADMISSIONS TO KENDRIYA VIDYALAYAS / NAVODAY VIDYALAYAS AND SAINIK SCHOOLS / RASHTRIYA MILITARY SCHOOLS

It is laid down in Article 46 of the Constitution of India, as a Directive Principle of State Policy, that the State shall promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice. Access to education is important in order to ensure advancement of the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Socially & Educationally Backward Classes also referred to as the OBCs. To further promote the educational advancement of the socially and educationally backward classes of citizens or of the Scheduled Castes and Scheduled Tribes in matters of admission of students belonging to these categories in unaided educational institutions, other than the minority educational institutions, the Constitution (Ninety-third Amendment) Act, 2005(Annexure-I) was enacted by the Government. There are several other provisions present in the Constitution which are relevant and applicable on the matter as brought out in the succeeding paragraphs.

2.2 To promote the educational advancement of the Socially and Educationally Backward Classes of citizens i.e. OBCs or of the Scheduled Castes and Scheduled Tribes in matters of admission of students belonging to these categories in unaided educational institutions, other than the minority educational institutions referred to in clause (1) of Article 30 of the Constitution, a new Clause (5) has been inserted in Article 15 of the Constitution providing that “this Article or sub-clause (g) of clause (1) of Article 19 shall not prevent the State from making any special provision, by law, for the advancement of Socially and Educationally Backward Classes of citizens or for the Scheduled Castes and the Scheduled Tribes insofar as it relates to their admission to educational institutions including private ones whether aided or unaided by the State.” The expression-“educational institutions” here refers to those institutions which are other than the minority educational institutions referred to in clause (1) of Article 30. The new clause (5) enables the Parliament as well as the State Legislatures to make appropriate laws for the purposes mentioned above.

2.3 Clause (5) in Article 15 of the Constitution inserted by the Constitution (Ninety-Third Amendment) Act, 2005 providing that “the State may make a special provision, by law, for the 4 advancement of Socially and Educationally Backward Classes of citizens or for the Scheduled Castes and the Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State.”

2.4 Further on 06.05.2014, the Hon’ble Supreme Court held that the Constitution (Ninety-third Amendment) Act, 2005 inserting clause (5) of Article 15 of the Constitution and the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article 21A of the Constitution do not alter the basic structure or framework of the Constitution and are constitutionally valid.

2.5 The Constitution (One Hundred and Third Amendment) Act, 2019 received the assent of the President of India on the 12th January, 2019 and in Article 15 of the Constitution, after clause 5, clause 6 has been inserted. Article 15 (6) (b) is as follows:

“any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions 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 (1) of Article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category”.

2.6 In further pursuance to the Constitution (Ninety-third Amendment) Act, 2005 the Central Educational Institutions (Reservation in Admissions) Act, 2006(No.5 of 2007 published on 04.01.2007 in Extraordinary Gazette Part-II, Section-1) provides for reservation in admission to the students belonging to the Scheduled Castes, the Scheduled Tribes and the other Backward Classes to certain Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto.

2.7 Further, as per para 2 Clause (d) of the CEI (Reservation in Admissions) Act, 2006, a Central Educational Institution (CEI) means:

i) A university established or incorporated by or under a Central Act;

ii) An institution of national importance set up by an Act of Parliament;

iii) An institution, declared as a deemed University under section 3 of the University Grant Commission Act 1956, maintained by or receiving aid from the Central Government;

iv) An institution maintained by or receiving aid from the Central Government, whether directly or indirectly, and affiliated to an institution referred to in clause(i) or clause (ii) or a constituent unit of an institution referred to in clause (iii).

v) An educational institution set up by the Central Government under the Societies Registration Act, 1860.

2.8 Further Para 2 Clause (g) of the CEI (Reservation in Admissions) Act, 2006 is as follows:

“Other Backward Classes” means the class or classes of citizens who are socially and educationally backward, and are so determined by the Central Government”

Reservation in Kendriya Vidyalayas (KVs)/ Navodaya Vidyalayas (NVs):

2.9 The Committee sought the details of reservation being provided to students in admission to Kendriya Vidyalayas. In their written reply, the Ministry of Human Resource Development stated that:-

“15% seats for Scheduled Castes and 7.5% seats for Scheduled Tribes shall be reserved in all fresh admissions in all KVs. In addition, the shortfall in the number of seats reserved for SCs and STs will be worked out after considering number of SC/ST children admitted under RTE quota. 10 seats (out of 40 seats) in Class-I per Section are to be filled as per RTE provisions (25% of seats) and these 10 seats will be filled by draw of lots from all applications of SC/ST/EWS/BPL/OBC (Non Creamy Layer) who are the residents of neighbourhood/Differently abled taken together. 3% seats of total available seats for fresh admission will be horizontally reserved for Diffferently Abled Children as per the provisions of RTE Act, 2009 read in conjunction with 6

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.”

2.10 As per the Ministry, the reservations in the Kendriya Vidyalayas are being given as per provisions of their admission guidelines. The Guidelines for admissions in Kendriya Vidyalayas as furnished to the Committee are given in Annexure- II.

2.11 The Ministry was also asked by the Committee about the details of reservation being provided to students in admission to Navodaya Vidyalayas,. In their written reply, the Ministry of HRD stated that:-

“Reservation of seats in favour of children belonging to Scheduled Castes and Scheduled Tribes is provided in proportion to their population provided that in no district such reservation will be less than the national average. If sufficient number of children of one of these two categories do not qualify, it would be possible to interchange seats between the two categories. Necessary improvision will be made in the testing techniques to ensure that SC/ST children secure admission in Navodaya Vidyalayas in accordance with the reservations laid down for them. Further, 1/3rd of the seats are filled by girl students and 3% of the seats are for disabled children.”

2.12 The Ministry stated that the reservations in the Navodaya Vidyalayas are given in accordance with the provisions of the Navodaya Vidyalayas Scheme and Admission Policy. Details of the Navodaya Vidyalayas Scheme have been given in Annexure- III.

2.13 On being asked about the number of OBC students studying in KVs/NVs, the Secretary, Department of School Education deposing before the Committee on 25.10.2019 inter-alia made the following submission:-

“... as far as Navodaya Vidyalayas are concerned, the total number of students is 2,73,828, out of which OBC students are 83,526, which is 30.5 per cent. As the hon. Members would be aware, Navodaya Vidyalaya has a special 75 per cent plus quota for the rural areas. As a result, talented children are coming from rural areas. So, in Navodaya Vidyalayas, 30.5 per cent of students are OBCs; 25.43 per

cent of students are Scheduled Castes; 20.30 per cent of students are Scheduled Tribes; and 23.77 per cent of students are General. Sir, the situation in KendriyaVidyalayas is slightly different. The total number of students in KendriyaVidyalayas is 12,92,767, out of which 2,65,740 students are Scheduled Castes, which is 20.56 per cent. The Scheduled Caste representation is higher. There are 2,58,624 OBC students, which is 20.01 per cent; 6.1 per cent of students are Scheduled Tribes; and 46.47 per cent of students are General.”

2.14 It is clear from the foregoing that reservation is not being provided to OBC students in KVs/NVs while the same is available to OBC students for admission to Higher Education/Technical Institutions in terms of CEI (Reservation in Admissions) Act, 2006. When asked about the reasons for excluding OBCs from the ambit of reservations in KVs/NVs, the Ministry of HRD in its written reply stated that:-

“The provisions of the admission policy of KVS and NVS do not envisage reservation to OBC students in admissions in Schools. The applicability of the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006 to the Kendriya Vidyalayas and Novodaya Vidyalayas has been referred to the Policy Division with Department of Higher Education for their advice.”

2.15 The Ministry of Human Resource Development was specifically asked about the reasons for non-applicability of CEI, Act on the OBC reservation in KVs/NVs. The Ministry in a written reply stated that:-

“The applicability of the above provisions to the Jawahar Navodaya Vidyalayas and Kendriya Vidyalayas established under the Ministry of HRD has been analyzed in the Department of School Education & Literacy and the following position emerges:

Central Educational Institutions Remarks (i) A university established or Not applicable to Navodaya incorporated by or under a Central Act; Vidyalayas/Kendriya Vidyalayas. (ii) An institution of national Not applicable to Navodaya

importance set up by an Act of Parliament. Vidyalayas/Kendriya Vidyalayas. (iii) An institution, declared as a deemed Not applicable to Navodaya University under section 3 of the University Vidyalayas/Kendriya Vidyalayas. Grant Commission Act 1956, maintained by or receiving aid from the Central Government. (iv) An institution maintained by or Though, the Navodaya receiving aid from the Central Government, Vidyalayas/Kendriya Vidyalayas whether directly or indirectly, and affiliated receive Grant in Aid from the Central to an institution referred to in clause (i) or Government through Navodaya clause (ii) or a constituent unit of an Samiti/Kendriya Vidyalaya Sangathan institution referred to in clause (iii) but they are not affiliated to an institution referred to in clause (i) or clause (ii) or a constituent unit of an institution referred to in clause (iii) of the Act. (v) An educational institution set up by White the autonomous bodies i.e. the Central Government under the Societies Navodaya Vidyalaya Samiti and Registration Act, 1860; Kendriya Vidyalaya Sangathan have been set up by the Central Government under the Societies Registration Act, 1860 to establish, develop, maintain and manage Navodaya Vidyalayas and Kendriya Vidyalayas per se are not individually registered as societies under the Societies Registration Act, 1860.

As per the analysis of the definition of the CEIs in above para, both the JNVs & KVs do not seem to be coming within the ambit of the definition of CEIs.”

2.16 Further elaborating on the issue of applicability of CEI on JNVs & KVs, the Ministry, in a written reply, stated that:-

“While replying to the supplementaries arising out of Rajya Sabha Starred Question No. 48 answered on 20.07.2017 and Lok Sabha Starred Question No. 103 answered on 24.07.2017, on the issue of reservation for OBC students in Navodaya Vidyalayas raised by the Hon’ble MPs, the then Hon’ble MoS (School Education) had assured both the Houses that reservation to OBC students in admissions to Navodaya Vidyalayas will be considered. The matter regarding the applicability of the provisions of the benefit of reservation to OBCs are envisaged in the Central Educational Institutions (Reservation in Admissions) Act, 2006 was accordingly taken up with the Policy Division of MHRD for examination from the policy respective. The Policy Division referred the matter to the Committee set up for drafting the new National Educational Policy (NEP) for its perusal and consideration.”

2.17 It was further stated as under:-

“While the report of the Committee set up for drafting the new NEP was awaited, extension of time was sought from time to time for fulfillment of the two assurances referred to above. At present, extension of time has been sought upto 19.04.2020 and 23.04.2020 in respect of the assurances given in the Rajya Sabha and Lok Sabha respectively. Meanwhile, the draft NEP, 2019 has become available, in which, no specific recommendation has been made in regard to the grant of benefit of reservation to the OBC students for admission in schools. Separately, a communication dated 04.09.2019 has also been received from the Kendriya Vidyalaya Sangathan (KVS) informing that the National Commission for Backward Classes (NCBC) has desired to know as to why reservation is not being provided to OBC students in KVs while the same is available to OBC students for admission to Higher Education/Technical Institutions in terms of CEI (Reservation in Admissions) Act, 2006. KVS has, therefore, requested for advice of MHRS on the same. In the above context, the matter was again referred to the Policy Division of MHRD for their advice. The Policy Division while observing that the provisions of the CEI Act, 2006 are applicable to CEIs of 10

Higher Education only, inter alia, advised that further clarification, if any, required may be obtained from the DoP&T and Ministry of Social Justice and Empowerment. However, since DoP&T deals with matters concerning reservation of SCs, STs and OBCs in services and the issue under consideration is about extending the provisions of reservation for OBCs for admission in schools, it was felt that no useful purpose is likely to be served by taking up the matter with DoP&T. Accordingly, matter was referred to the Ministry of Social Justice and Empowerment for their advice on the issue of extending the provisions of reservation to OBCs students in admissions to the Kendriya Vidyalayas and Jawahar Navodaya Vidyalayas. The advice of the Ministry of Social Justice and Empowerment is awaited.”

2.18 The representative of the Department of School Education and Literacy, Ministry of Human Resource Development on being asked about the reasons for not implementing reservation policy for OBC students in KV and NV during the course of evidence, submitted that:-

“...... म संेप म यह बताना चाहूँगा क वष 2006 का जो अधनयम बना है, उसके बारे

म पॉलसी डवजन क चचा का, अभी आपके वतय म उलेख कया गया। पॉलसी

डवजन म एजामनेशन के बाद यह नकला है क सैशन 2(जे) जो एट का है, उसम

लखा हुआ है– teaching or instruction in any branch of study means teaching or instruction in a branch of study leading to three principal levels of qualifications

at bachelor (undergraduate) masters (postgraduate) and doctoral levels. एट के

सैशन 2(जे) म ह असमंजस क जो िथत है, उसके कारण नवोदय एवं के य

वयालय और म समझता हूँ क शायद सैनक कू ल तथा राय इंडयन मल

एकादमी भी भावत हो रहे ह । असमंजस क िथत है क इन कू ल पर लागू हो रहा है

या नहं लागू हो रहा है, यक कू स म ‘leading to these three levels’ यह सभव ह

नहं है । सर, जब यह 30 सतबर को रेफरस आया तो 30 सतबर को पॉलसी

डवजन ने दया, लेकन वभाग म यह सोचा गया क इस पर सोशल जिटस वभाग से

हम को परामश करना चाहए, यक यह कोई साधारण मु दा नहं है । जैसा आपने

वयं उलेख कया क जब सरकार क नीत है और जब उच शा संथान म आरण

क यवथा क गई है तो जब तक कू ल म लोग नहं पढ़गे तो उच शा म वे कैसे

वेश पाएँगे, जब तक क 12वीं तक उहने कू ल म शा नहं हण क है। सर, इस

मामले पर हम लोग ने सोशल जिटस वभाग से राय माँगी है । म कोशश कँ गा क

उनके साथ जद ह नपटारा कँ , लेकन मु य बद ु िजसके कारण यह का हुआ है,

वष 2006 से यह सैशन2(जे) का ावधान है। जब एट बनाया गया था, उस समय

कू ल पर उतना यान शायद न दया गया हो। इसलए यह असमंजस क िथत

मतलब कहा जाए क एक वसंगत उपन हो गई”।

2.19 He further submitted that:-

“महोदय, मने शु म ह कहा है क समत क भावना का हम समान करते ह और मने

वयं भी कहा क उच शा म वयाथ तभी जाते ह, जब वे कू ल म पढ़े हुए ह। मने

सफ यह एसलेन कया क अभी तक जो आरण लागू नहं हुआ है, वह असमंजस क

िथत, वसंगत कहाँ से आ रह है। We are not trying to justify that it should not be

provided. We are only trying to explain why it could not be done till now. That is my first point. As a Government, we are not saying that reservation will not be done. After all the Act has been passed by the Parliament at the behest of the Government. The discrepancy, if I could say, or a little bit of interpretation which is required of 2(j). That is why this advice which was given by the Policy Division has not been accepted in toto that there will be no reservation. We have still asked the Ministry of Social Justice and we are assuring the hon. Committee that within a reasonable period of time, say three months, we will try to get the entire issue resolved.”

2.20 On being asked to explore the possibility of expediting the issue of OBC reservation during the course of evidence he further submitted as under:-

“सर, जब अनुसू चत जात, जनजात के लए नवोदय वयालय म आरण आया, तो

उसके लए लोग कै बनेट तक गए ह। चंू क इस एट के बाद समत के साथ-साथ हम

कै बनेट को भी सूचना देनी पड़गे ी, यक यह यवथा परवतन होगा। जब कोई भी नयी

पॉलसी बनती है, हालांक वह ऑटोनोमस ऑगनाइजेशन है, लेकन चंू क सरकार से

फं डड है, इसलए सरकार क सहमत के बना शासनक प से यह उचत नहं होगा”।

2.21 When the Committee expressed their serious concern about the implications of any delay in the resolution of this issue on the future admission prospects of OBC students seeking admission in NVs/ KVs during evidence, they were requested for a time limit of three months and reassured as follows:-

“....what I said in the beginning was only to explain why things had not moved

earlier. It is not such as if we are not going to do it. सर, म तीन महने के समय के

बारे म इसलए कह रहा हूं क एडमशन सीजन शु होने के पहले नणय हो जाना चाहए।

यह भावना है क एडमशन शु हो जाएंगे तो उसके बीच म उसको चज करना एक बहुत

बड़ी समया हो जाएगी । इसलए हम लोग कोशश यह करगे क सरकार का नणय

एडमशन ोसेस शु होने के पहले हो जाए क वष 2020-21 के जो एडमशन हगे, वे

सरकार के नणय के अनुसार हगे। जो पॉलसी डवीजन के बारे म पूछा गया, िजसके

सदं भ म आपने राय सभा के न और आवासन का उलेख कया, उसम वष 2020

तक एसटशन लया गया है, लेकन अगर आप तीन महने देखगे तो जनवर, 2020 तक

ह होगा, उसम अैल, 2020 या उसके आगे क बात नहं हो रह है। हम लोग एडमशन

सीजन के पहले ह इस पर सरकार का आदेश का ात कर लगे”।

Reservation in Sainik Schools/ Rashtriya Military Schools :

2.22 As per information furnished by the Ministry of Defence, Rule 1.12 to 1.14 of the Sainik Schools Society Rules and Regulations (SSSR&R) define the scope of reservation in the Sainik Schools. The rule states as under:-

1 “15% of the total seats are reserved for Scheduled Castes and 7 /2% seats for Scheduled Tribes. Of the remaining vacancies 67% of the seats in each Sainik School will be reserved for boys from the State in which the Sainik School is located and 33% seats will be distributed amongst the candidates from States other than the home State in the ratio of the male population of the respective state. 25% seats of these seats will further be reserved for children of service personnel including ex-servicemen (horizontal reservation).”

2.23 It has been further informed that Reservations for the SC/ST in Sainik Schools were implemented since inception of Schools in 1960s. Extract of relevant rules as approved by the Board of Governors, Sainik School is enclosed at Annexure IV. 2.24 Similarly, the existing reservation policy in Rashtriya Military Schools (RMSs) is as follows:- i) Entitled category 70% of the seats are reserved for the wards of JCOs/OR serving retired of the Army and their equivalent ranks in Navy and Air Force. ii) Non-Entitled Category 30% of the seats are reserved for the wards of Officers serving and retired of three services and Civilians combined. 1 iii) 15% and 7 /2% seats in both categories (Entitled and Non-Entitled) are reserved for SC and ST candidates, respectively. iv) Killed in Action: A total of 50 seats (not more than 15 in any of the school) have been earmarked for Killed in Action (KIA) category. The strength of KIA category cadets will not go beyond 50 in all the RMSs at any point of time. The admissions are done based on the vacancies arising every year in all the schools. At present only 12 cadets under ibid category are studying in all five RMSs.

2.25 It can be seen from the above that reservation for SC/ST has been provided but reservation in admission to Sainik/Rashtriya Military Schools for OBC students has not been provided. On being asked about the reasons for not having provision of reservation for OBC in Sainik/Rashtriya Military Schools, the Ministry of Defence in a written reply stated that:-

“No Reservation in admission in Sainik Schools is provided to OBC students in line with the reservation benefits being extended to SC/ST students. A case for implementation of OBC reservation in admission in Sainik Schools will be taken up during the next Board of Governors meeting of Sainik Schools. No separate reservation for OBC category exists in Rashtraiya Military Schools (RMSs). The Central Government Council (CGC) of Rashtriya Military Schools is the competent authority to decide the issue.”

2.26 The Ministry further added that a case for implementation of OBC reservation in admission in RMSs will be taken up during the next Central Governing Council meeting.

2.27 On the issue of providing reservation to OBCs in admissions in SSs/RMSs, the representative of the Ministry of Defence made the following submission during the course of evidence:-

“आदरणीय सभापत महोदय, अभी आप ने जो बात कह, उसी भावना को देखते हुए हमने

सैनक कू ल तथा बोड के बारे म अपने जवाब म बताया है। सैनक कू ल म ओबीसी

रजवशन को लागू करने के लए हमने अगले बोड मीटंग म एजडा रखने का लान बनाया

है। रामंी क अयता म बोड है और उसम हम इस वषय को कंसीडर करने के लए

रखगे।”

2.28 He further added that:-

“म एक बात कहना चाहूंगा क जो सैनक कू ल तथा राय मल कू ल ह, वे हमारे एक

खास उदेशय् से बनाए गए ह। महोदय, आपको भी मालमू है क हमारे देश क जो सेना है,

उनक जो फिजकल तथा मटल रवायरमट ह, उसक ेनगं इन कू ल म द जाती है।

उसी उदेय के साथ इसको बनाया गया है और उस उदेय के लए ये कू स काम कर रहे

ह। इसक वजह से इन कू ल म ओबीसी का रजवशन नहं हो, ऐसा बकु ल नहं है। म यह

भी कहना चाहूंगा क हमने राय मल कू ल का एनालसस कया है और लगभग 25

से 26 तशत हमारे बचे राय मल कू ल म आ रहे ह, उनको सेलेशन मेरट के

बेसस पर कया जाता है। वे फिजकल पैरामीटस और दसू रे वालफकेशंस के बेसस पर

आते ह और वे अभी ओबीसी कैटेगर के ह। हमार आम क अपनी एक रवायरमट है।”

2.29 On the same issue the Vice-Chief of Army Staff elaborated as follows:-

“जैसा हम फगस दए गए ह, उनके अनुसार हमारे राय कू स म तकरबन 25-26

परसट ओबीसी कैटेगर के छा ह। हम इसको फॉरलाइज करने म कोई आप नहं है,

अगर वह संवैधानक ोवजन है। हम उसका पालन जर करगे। म सफ यह कहना चाहूंगा

और आपने भी इसका िज कया क य हम यह कहकर उनका मनोबल कम कर क आप

रजवशन के मायम से आए ह। जब वे ओपनमेरट से आ रहे ह, अपने बल पर आ रहे ह, तो

य नहं वह रखा जाए। हम उसम 27 परसट जर डाल सकते ह, इसम मुझे कोई ॉलम

नहं है। यह अपने आप 25 परसट हो गया है। इसे हम 27 परसट भी कर दगे। िजतने लोग

अलाई करगे, उतने लोग को एडमशन लेने का मौका मलेगा। कभी भी हमने कसी वग के

लोग को मना नहं कया है। हम चाहते ह क यादा से यादा लोग आम वाइन कर।

हमने कभी कसी को वापस नहं भेजा है।”

CHAPTER III

REPRESENTATION OF OBCs IN EMPLOYMENT OF TEACHERS AND STAFF UNDER KENDRIYA VIDYALAYA SANGATHAN/ NAVODAYA VIDYALAYA SAMITI AND SAINIK SCHOOLS/RASHTRIYA MILITARY SCHOOLS

The teachers and other support staff in Navodaya Vidyalayas and Kendriya Vidyalayas are recruited and working under the Navodaya Vidyalaya Samiti and Kendriya Vidyalaya Sangathan, respectively.

3.2 The number of employees in various posts and the number of OBC employees amongst them in the Kendriya Vidyalaya Sangathan was furnished to the Committee and is given below:-

Sl. Name of the post No. of OBC Percentage No. employees employees of OBCs 1. Commissioner 1 0 0% 2. Addl. Commissioner (Admin) 0 0 0% 3. Addl. Commissioner (Academic) 1 0 0% 4. Joint Commissioner 3 1 33.33% 5. Joint Commissioner (Fin.) 0 0 0% 6. Supdt. Engineer 0 0 0% 7. Deputy Commissioner 29 6 20.68% 8. Deputy Commissioner (Fin.) 0 0 0% 9. Deputy Commissioner (Admn.) 0 0 0% 10. Asstt. Commissioner (Admn.) 3 0 0% 11. Asstt. Commissioner (Fin.) 2 1 50% 12. Asstt. Commissioner 68 14 20.58% 13. Executive Engineer 2 0 0% 14. Principal 977 235 24.05% 15. Vice Principal/Principal Grade II 490 140 28.57% 16. Administrative Officer 18 1 5.55% 17. Programmer 0 0 0%

18. Finance Officer 24 1 4.16% 19. Section Officer 29 0 0% 20. Technical Officer 2 1 50% 21. Asstt. Director(OL) 1 0 0% 22. Statistical Officer 0 0 0% 23. Assistant Editor 1 0 0% 24. Private Secretary 3 0 0% 25. PGT (Physics) 1248 327 26.20% 26. PGT (Chemistry) 1198 309 25.79% 27. PGT (Maths) 1144 321 28.05% 28. PGT (Biology) 938 233 24.84% 29. PGT (English) 1131 287 25.37% 30. PGT (Hindi) 944 259 27.43% 31. PGT (History) 378 105 27.77% 32. PGT (Economics) 741 214 28.87% 33. PGT (Geography) 378 104 27.51% 34. PGT (Commerce) 696 213 30.60% 35. PGT (Computer Science) 1049 344 32.79% 36. PGT (Bio Tech.) 26 7 26.92% 37. TGT (Hindi) 1940 538 27.73% 38. TGT (English) 2415 658 27.24% 39. TGT (Sanskrit) 1264 314 24.84% 40. TGT (Social Studies) 1979 538 27.18% 41. TGT (Maths) 2408 677 28.11% 42. TGT (Science) 1553 405 26.07% 43. TGT (Work Experience) 1114 281 25.22% 44. TGT (Art Education) 1104 357 32.33% 45. TGT (Physical & Health Education) 1092 315 28.84% 46. TGT (Librarian) 1168 310 26.54% 47. PRT (Music) 1196 298 24.91% 48. Primary Teacher 13302 3571 26.84%

49. Assistant Section Officer 405 69 17.03% 50. Senior Secretariat Assistant 1059 241 22.75% 51. Junior Secretariat Assistant 928 281 30.28% 52. Sub Staff 3708 672 18.12% 53. Driver 7 0 0% 54. Stenographer Grade II 19 8 42.10% 55. Hindi Translator 20 4 20% Total 48206 12660 26.26%

3.3 On being specifically asked whether the number of OBC employees shown above have all been recruited under the reservation quota or they have been selected on their own merit, the Commissioner KVS during the course of evidence held on 25/10/2019 deposed as below:-

“सर, इसम मेरट के आधार पर भी आए है ”

3.4 On being asked to fill the 27% OBC quota in KVS through reservation and not through candidates getting selected on their own merit, he further elaborated that:-

“सर, जैसा मने पहले कहा ि◌क हम अभी तक उस लय तक नहं पहुंच पाए ह । वह

मश: होता जा रहा है । पछले कु छ वष के रू टमट का आंकड़ा मने माननीय समत के

सम तुत कया है, उसम आरण क सीमा का जो टागट है, उसे हम फु लफल कर रहे

ह।”

3.5 The Committee understand that a Constitution Bench of Hon'ble Supreme Court in the case of Indira Sawhney & others Vs Union of India reported in 1992 Supp (3) SCC 217 has held in its judgement at Para No.811 that reserved category candidates, who get selected in the open competition field on the basis of their own merit will not be counted against the quota reserved for them and they will be treated as open competition candidates). It is also clear vide DoPT’s O.M No. 36012/2/96- Estt.(Res) dated 02.07.1997, in direct recruitments to Central Government jobs and services, the reserve category candidates who are selected on the same standard as applied to general candidates will not be adjusted against reserved vacancies.

3.6 When the Committee asked about the details of Liaison Officers for Other Backward classes along with their names and caste, address, email and telephone numbers in KVS, the following reply was furnished to the Committee:-

“No separate Liasion Officer for OBCs has been nominated so far.”

3.7 The number of employees in various posts and the number of OBC employees amongst them in the Navodaya Vidyalaya Samiti was furnished to the Committee as follows:-

Sl. Name of the post No. of OBC Percentage No. employees employees of OBCs 1. Assistant Commissioner (Academic) 9 2 22.22% 2. Assistant Commissioner (Admin) 5 1 20% 3. Assistant Section Officer 18 4 22.22% 4. Audit Assistant 36 9 25% 5. Hindi Translator 5 0 0% 6. Stenographer 47 8 17.02% 7. Computer Operator 8 2 25% 8. Car Driver 13 1 7.69% 9. Junior Secretariat Assistant 66 13 19.69% 10. MTS 76 5 6.57% 11. Principal (Group A) 288 85 29.51% 12. PGT’s (Group B) 3664 1242 33.89% 13. TGT’s (Group B) 4467 1428 31.96% 14. Miscellaneous Category of Teachers 2650 790 (Group B) 29.81% 15. Non Teaching Staff (Group C) 7473 2062 27.59% Total 18825 5652 30.02%

3.8 Details of OBC employees in Group ‘A’, ‘B’ ‘C’ and ‘D’ positions in the Rashtriya Military Schools is given below:

S. Name of Staff category No. school Group ‘A’ Group ‘B’ Group ‘C’ Group ‘D’ Auth Held OBC Auth Held OBC Auth Held OBC Auth Held OBC 1. Chail 10 8 1 12 9 0 17 10 2 68 62 8 2. Ajmer 10 8 0 12 7 2 17 15 8 68 56 20 3. Belgaum 10 9 2 12 9 2 17 14 2 68 61 12 4. Bengaluru 10 8 0 12 8 2 17 14 2 68 57 10 5. Dholpur 10 8 0 12 7 2 17 17 11 68 51 17 Total 50 41 3 60 40 8 85 70 25 340 287 67

3.9 The following data has been furnished by the Ministry of Defence regarding representation of OBCs in employment in Sainik Schools:-

Sl. Details of the position Number of OBC Employees % of OBC No. Employee 1. Academic and Administrative staff 1181 220 18.62 2. General Employees 973 226 27.33 Total 2154 446 20.70

PART – II

OBSERVATIONS/RECOMMENDATIONS

1. Imperative for extending the outreach of special purpose schools

The Kendriya Vidyalaya Scheme was approved in November, 1962 to provide educational facilities for the children of transferable Central Government/Defence Employees and the residential Navodaya Vidyalayas were launched under a Central Sector Scheme in 1986 with an aim to impart good quality education to the talented children from rural areas. Further, Sainik Schools were introduced in 1961 primarily with an objective to prepare boys academically, physically and mentally for entry into the National Defence Academy. The Rashtriya Military Schools had been established to take care of the education of the sons of Defence personnel. The Committee understand that Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schoools and Rashtriya Military Schools have been opened by the Government keeping in mind the educational needs of a specific segment of population or for achieving clearly laid down goals. These institutions have been working towards their respective goals in their own ways. The Committee observe that the Navodaya Vidyalayas and Sainik Schools are undertaking the job of talent scouting while also broadening the coverage of good quality public school education to the hitherto uncovered regions and sections of the population. On the other hand the Kendriya Vidyalayas and Rashtriya Military Schools are focusing intensively on the wards of Central Government/Defence Employees. At present there are 1227 KVs, 637 NVs, 31 Sainik Schools and 5 Rashtriya Military Schools functioning in the country. While appreciating the importance of the services being rendered by these institutions, the Committee desire that the 24 NVs, which are sanctioned but not yet functional must be started without further delay and more schools in the four categories should be opened in the backward regions of the country to take care of the rising demand of quality education and for increasing the outreach of these special purpose institutions.

2. OBC Reservation in admissions to Kendriya Vidyalayas/Navodaya Vidyalayas

The Committee are anguished to note that till date there is no provision for reservation of OBCs in admission to Kendriya Vidyalayas/Navodaya Vidyalayas even when the same is being provided to SC/ST students. The Ministry has only apprised the Committee that reservation in admission to SC/ST students are being extended as per enabling provisions in the Admission Policy/Guidelines of Kendriya Vidyalaya Sangathan(KVS) and Navodaya Vidyalaya Samiti(NVS), respectively. The Committee are shocked to find that the KVS and NVS have not amended their Admission policy incorporating OBC reservations in the last thirteen years since the Central Educational Institution (Reservations in Admissions) Act, 2006 was enacted by the Government. The Committee are of the considered view that the provisions of the Central Education Institutions Act are legally binding on the KVS and NVS to reserve seats in admissions for OBC students as the institutions have been explicitly covered under Section 2(d) of the Act. It is perplexing for the Committee to note that the Department of School Education & Literacy had been trying to obfuscate the issue by first resorting to arbitrary interpretation of Section 2(d) and later by bringing section 2(j) of the Act related to definition of ‘teaching or instruction in any branch of study’ into the discussion. The Committee emphasize that both the above definition clauses cannot have an overriding effect on the operative parts of the Act. The wordings of the main Statute are quite clear about its applicability and the exclusions therein have been clearly mentioned.

Further, in pursuance to Clause (5) in Article 15 of the Constitution inserted by the Constitution (Ninety-Third Amendment) Act, 2005 and Article 15 (6) (b) of the Constitution inserted by the Constitution (One Hundred and Third Amendment) Act, 2019, the Committee strongly recommend that 27 per cent reservation in admission to Socially and Educationally Backward Classes of citizens in all private educational institutions, whether aided or unaided by the State as well as affiliated by CBSE and other authorities other than the minority educational institutions referred to in clause (1) of Article 30 should be provided.

After the Committee took up this matter and pursued vigorously with the Ministry, the Department of School Education & Literacy, during the course of oral evidence assured the Committee to positively consider extending reservation in admission to OBCs in KVs and NVs and sought three months time for implementing the same. The Committee

23 strongly recommend that a decision on the reservation of OBCs in admissions to KVs/NVs should be arrived at within three months and implemented so as to ensure that reservation benefits can be availed by the OBC students in the 2020-20 session without any difficulty. They would like to be apprised accordingly at the action taken stage.

3. OBC Reservation in admissions to Sainik Schools/Rashtriya Military Schools

The Committee understand that Sainik Schools and Rashtriya Military Schools have been opened with broad objectives of removing regional imbalance in the officer cadre of the defence services and for taking care of the educational requirements of the sons of defence personnel, respectively. 15% of the total seats are reserved for SCs and 7.5% seats are reserved for STs in Sainik Schools and in the Rashtriya Military Schools 15% and 7.5% seats in the Entitled and Non-entitled categories are reserved for SC and ST candidates, respectively. However, the Committee are not able to comprehend the reasons for not extending the reservation benefits to the OBC candidates in the said schools. The Committee feel that the Government cannot take a stand that reservations in admissions for OBCs are not being provided keeping in mind the stiff physical and mental requirements of the Armed Forces, as the children from reserved categories undoubtedly have every capability to meet those requirements at par with the General Category candidates. The Committee also do not agree with the views expressed by the Ministry of Defence that since around 25-26% OBC students are able to get themselves enrolled in Rashtriya Military Schools on the basis of open merit, earmarking of a particular quota for them may lower their morale. Instead, the Committee reckon that these successful OBC candidates managing selections on their own merit are only the few who have overcome the limitations of social and educational backwardness and as such their inclusion has no bearing on social justice. The Committee are of the view that implementation of OBC reservation policy in admissions to Sainik Schools and Rashtriya Military Schools will ensure that such needy and deprived sections from the OBC population are given opportunities to take admission in these coveted institutions, who are otherwise not able to compete owing to their social and educational backwardness. In this respect, the Committee have been reassured by the Ministry of Defence that a case for implementation of OBC reservation in admissions to Sainik Schools and Rashtriya Military Schools will be taken up during the next Board of Governors/Central Governing Council Meeting of the

24 respective schools. The Committee strongly feel that the constitutional and legal provisions for reservations must be assiduously followed by all institutions of the Government and therefore, recommend that the matter of reservation in admission of OBC students in Sainik Schools/Rashtriya Military Schools reservation should be decided favorably in the upcoming Board Meeting without fail so that no prejudice is caused to the future of deserving OBC candidates. The Committee would like to be apprised of the outcome of the same.

4. Representation of OBCs in employment under Kendriya Vidyalaya Sangathan(KVS) and Navodaya Vidyalaya Samiti(NVS)

The Committee are pleased to note that the overall representation of OBC employees in KVS and NVS is 26.26% and 30.02%, respectively and deem it to be a fair representation of OBC working in various rungs of the two organizations. While the overall representation of OBCs has been ensured, there are still certain posts where their representation is below par. For example, in the KVS, the representation of OBCs in the posts of Assistant Commissioner, Assistant Section Officer and Subordinate Staff is 20.58%, 17.03% and 18.12% respectively. Similarly, within the NVS representation of OBCs in the posts of Stenographers, Junior Secretariat Assistant and MTS is only 17.02%, 19.69% and 6.57%, respectively. The Committee desire that pro-active steps should be taken by the Ministry to ensure that fair representation of OBCs is reached in the posts enumerated above.

The Committee understand that the Kendriya Vidyalaya Sangathan has acknowledged the fact that some of the OBC employees in the organization have got selected on their own merit. However, their names cannot be counted within the seats earmarked for the OBC quota. The Committee are therefore, of the firm opinion that calculating these candidates who get selected on their own merit within the reserved seats violates the guidelines issued by the DoPT and is therefore illegal. The Committee, therefore, strongly recommend that the Ministry of Human Resource Development should strictly follow all the DoPT orders and guidelines regarding OBC reservation in recruitment to educational institutions/Departments/ Autonomous organizations under it to ensure that in future such OBC candidates getting selected on their own merit are not adjusted within the reserved category. They further desire that a fresh exercise of 25 enumerating the OBC employees in the KVS and NVS should be undertaken after excluding those who had got selected on their own merit. Fresh vacancies must be filled up on the basis of this exercise and Committee must be apprised about the same at the action taken stage.

5. Reservation of OBCs in employment under Sainik Schools and Rashtriya Military Schools.

The Committee would like to emphasize that all the Government institutions/establishments in the country are constitutionally bound to provide reservations in employment to OBCs in light of the Indra Sawhney Judgement and DoPT Guidelines being issued from time to time. While examining the information pertaining to representation of the OBCs in employment in Rashtriya Military Schools, the Committee have noted that it is far below the Constitutionally mandated ratio of 27%. In fact, within the Group ‘A’, the number of OBCs out of a total of 41 employees is mere 3. Similarly, the number of Group ‘B’ OBC employees is just 8 out of a total of 40. As regards representation of OBCs in Sainik Schools, the Committee are yet again concerned to note that only 20.70% representation among Academic & Administrative Staff and General Employees has been accorded to the OBCs. It is a matter of further concern that within the Academic and Administrative Staff this representation is merely 18.62%. The Committee can clearly discern lack of seriousness in implementation of OBC reservation in Rashtriya Military Schools (RMSs) and Sainik Schools on the basis of the facts and figures enumerated above. They therefore, recommend that OBC reservation in Sainik Schools/Rashtriya Military Schools should be scrupulously implemented by the Ministry of Defence and all the unfilled OBC vacancies be advertised and filled immediately as per the relevant DoPT Orders and Guidelines on OBC reservation.

6. As per DoPT O.M. No.36036/3/2018 - Estt. (Res.) dated 15.05.2018, there shall be reservation for SC/ST/OBC class candidates in all temporary appointments, which are to last for 45 days or more. The Committee strongly recommend that in strict compliance with the relevant DoPT OM and Guidelines regarding reservation in temporary postings of 45 days or more, separate roster registers should be prepared for temporary appointments

26 for OBCs by the Ministry of Human Resources for all its allied institutions/ autonomous organizations.

7. Liaison Officer for OBCs

The Committee understand that instructions have been issued by DoPT from time to time for nomination of Liaison Officers, their roles, duties and responsibilities and setting up of a Special Reservation Cell in each Ministry/Department under the direct control of the Liaison Officer for enforcement of orders of reservations in posts and services of the Central Government. It was reiterated on 04.01.2013 that in each Ministry/Department/Attached and Subordinate Office, Deputy Secretary in charge of administration (or any other officer at least of the rank of Deputy Secretary) should be designated as a Liaison Officer in respect of matters relating to the representation of OBCs. In this regard, the Committee note that KVS has not appointed separate Liaison Officer for OBCs and is therefore, in clear violation of the above instructions issued by the DoPT. The Committee strongly recommend that separate Liaison Officer for OBCs should be designated for enforcement in respect of matters relating to the representation and other welfare measures of OBCs and the Liaison Officer should be designated from the OBCs category only.

NEW DELHI; GANESH SINGH, 12 December, 2019 Chairperson, 21 Agrahayana, 1941 (Saka) Committee on Welfare of Other Backward Classes

ANNEXURE-I

Annexure-II

Annexure-III

ANNEXURE-IV

Appendix-I

COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20)

MINUTES OF THE NINTH SITTING OF THE COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20) HELD ON 25TH OCTOBER, 2019 IN COMMITTEE ROOM 'B', PARLIAMENT HOUSE ANNEXE, NEW DELHI

The Committee sat from 1200 hrs. to 1305 hrs. PRESENT Shri Ganesh Singh — Hon’ble Chairperson

MEMBERS Lok Sabha 2. Shri Ramesh Bidhuri 3. Smt. S. Jothimani 4. Shri Dileshwar Kamait 5. Shri Ajay Nishad 6. Dr. Sanghamitra Maurya 7. Shri Ram Shiromani 8. Shri Rajesh Verma 9. Shri Ashok Kumar Yadav

RAJYA SABHA 10. Shri Ram Narain Dudi 11. Shri T.K.S. Elangovan 12. Shri B.K. Hariprasad 13. Shri Vishambhar Prasad Nishad 14. Dr. Banda Prakash 15. Shri K.K Ragesh 16. Smt. Vijila Sathyananth 17. Shri Ram Nath Thakur 18. Smt. Chhaya Verma 19. Shri Harnath Singh Yadav

SECRETARIAT

1. Smt Anita B. Panda - Joint Secretary 2. Shri Md. Aftab Alam - Additional Director

WITNESSES

REPRESENTATIVES OF MINISTRY OF HUMAN RESOURCE DEVELOPMENT

1. Shri Amit Khare - Secretary 2. Dr. Sukhbir Singh Sandhu - Additional Secretary 3. Shri Madhu Ranjan Kumar - Joint Secretary 4. Shri Sanjay Kumar - Joint Secretary 5. Shri Sachin Sinha - Joint Secretary 6. Shri Sanjay Kumar Sinha - Joint Secretary 7. Shri Madan Mohan - ADG, MHRD

REPRESENTATIVES OF UNIVERSITY GRANTS COMMISSION

1. Prof. D.P. Singh - Chairman 2. Dr. G.S. Chauhan - Joint Secretary

REPRESENTATIVE OF KENDRIYA VIDYALAYA SANGATHAN

1. Shri Santosh Kumar Mall - Commissioner 2. Shri Saurabh Jain - Additional Commissioner 3. Shri U. N. Khaware - Additional Commissioner

REPRESENTATIVE OF NAVODAYA VIDYALAYA SAMITI

1. Shri Biswajit Kumar Singh - Commissioner

REPRESENTATIVE OF MINISTRY OF DEFENCE

1. Dr. Ajay Kumar - Secretary 2. Shri Jiwesh Nandan - Additional Secretary 3. Shri Ashok Kumar Singh - Joint Secretary 4. Maj. Gen. Devesh Gaur - DGMT

57 regarding reservation in admission for OBCs in (i) Universities and other higher educational/technical institutions; (ii) Kendriya Vidyalayas and Navodaya Vidyalayas; and (iii) Sainik Schools and Rashtriya Military Schools.

3. Some of the major issues/points raised by the Chairperson and Members of the Committee during the sitting and responded to by the representatives of the Ministries/Departments/Organisation are as follows: (i) Non-provision of reservation for OBC students in Kendriya Vidyalayas/Navodaya Vidyalayas and Sainik Schools/Military Schools. (ii) Constitutional and legal provisions related to the quota in admissions for OBC students in various educational institutions including binding stipulations under the Central Educational Institutions (Reservation in Admission) Act, 2006. (iii) Details about no. of OBC students in NVs/KVs/Sainik Schools. (iv) Need for proper implementation of the 200-point roster system by the UGC. (v) Ongoing recruitment process to the teaching posts in various Central/State Universities and the imperative for expediting it. (vi) Representation of OBC teachers in KVs and NVs.

4. The Committee directed the representatives of the concerned Ministries/ Departments to furnish written replies to the queries which were not responded to by them during the sitting or on which the requisite information was not readily available with them, to the Committee at the earliest. The witnesses then withdrew.

The Committee then adjourned.

A copy of the verbatim proceedings of the sitting has been kept. _____

Appendix-II

COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20)

MINUTES OF THE FOURTEENTH SITTING OF THE COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20) HELD ON 19TH NOVEMBER, 2019 IN COMMITTEE ROOM 'B', PARLIAMENT HOUSE ANNEXE, NEW DELHI

The Committee sat from 1520 hrs. to 1620 hrs. PRESENT Shri Ganesh Singh — Hon’ble Chairperson

MEMBERS Lok Sabha 2. Smt. Raksha Nikhil Khadse 3. Shri Bandi Sanjay Kumar 4. Shri Sadashiv Kisan Lokhande 5. Dr. (Smt.) Pritam Gopinathrao Munde 6. Shri Balak Nath 7. Dr. Sanghamitra Maurya 8. Shri Parbatbhai Savabhai Patel 9. Shri Kapil Moreshwar Patil 10. Shri Ram Shiromani 11. Shri Ashok Kumar Yadav

RAJYA SABHA 12. Shri Ram Narain Dudi 13. Shri B.K. Hariprasad 14. Dr. Banda Prakash 15. Shri K.K Ragesh 16. Shri Ram Nath Thakur 17. Smt. Chhaya Verma

SECRETARIAT

1. Smt Anita B. Panda - Joint Secretary 2. Shri Md. Aftab Alam - Additional Director 3. Shri Janmesh Singh - Deputy Secretary

WITNESSES

REPRESENTATIVES OF MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF SCHOOL EDUCATION & LITERACY)

Shri Amit Khare - Secretary

(DEPARTMENT OF HIGHER EDUCATION)

Shri Madhu Ranjan Kumar - Joint Secretary

REPRESENTATIVES OF UNIVERSITY GRANTS COMMISSION

Prof. D.P. Singh - Chairman

REPRESENTATIVES OF KENDRIYA VIDYALAYA SANGATHAN

Shri Santosh Kumar Mall - Commissioner

REPRESENTATIVES OF NAVODAYA VIDYALAYA SAMITI

Shri Biswajit Kumar Singh - Commissioner

REPRESENTATIVES OF MINISTRY OF DEFENCE

Shri Ashok Kumar Singh - Joint Secretary

2. At the outset, the Chairperson welcomed the representatives of the Ministry of Human Resource Development, Ministry of Defence, University Grants Commission (UGC), Kendriya Vidyalaya Sangthan(KVS) and Navodaya Vidyalaya Samiti (NVS) to the follow up sitting regarding reservation in admission for OBCs in (i) Universities and other higher educational/technical institutions; (ii) Kendriya Vidyalayas and Navodaya Vidyalayas; and (iii) Sainik Schools and Rashtriya Military Schools.

under the Central Educational Institutions (Reservation in Admission) Act, 2006. (iii) Representation of OBC teachers in KVs and NVs. (iv) Representation of OBCs in contractual appointment/adhoc appointments of teachers in Central Universities. (v) Ongoing recruitment process to the teaching posts in various Central/State Universities and the imperative for expediting it. (vi) Follow up of all DoPT orders/guidelines w.r.t. OBC reservation in employment.

The Committee then adjourned.

A copy of the verbatim proceedings of the sitting has been kept. _____

Appendix-III

COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20)

MINUTES OF THE EIGHTEENTH SITTING OF THE COMMITTEE ON WELFARE OF OTHER BACKWARD CLASSES (2019-20) HELD ON 12th DECEMBER, 2019 IN COMMITTEE ROOM 'B', PARLIAMENT HOUSE ANNEXE, NEW DELHI

The Committee sat from 1500 hrs. to 1510 hrs. PRESENT Shri Ganesh Singh — Chairperson

MEMBERS Lok Sabha 2. Smt S. Jothimani 3. Shri Dileshwar Kamait 4. Dr. Sanghamitra Maurya 5. Shri Rajesh Verma

RAJYA SABHA 6. Shri Ram Narain Dudi 7. Shri B.K. Hariprasad 8. Dr. Banda Prakash 9. Shri Ram Nath Thakur 10. Smt. Chhaya Verma 11. Shri Harnath Singh Yadav

SECRETARIAT

1. Smt Anita B. Panda - Joint Secretary 2. Shri N.K. Pandey - Director 3. Shri Md. Aftab Alam - Additional Director 4. Shri Janmesh Singh - Deputy Secretary

2. At the outset, the Chairperson welcomed the Members of the Committee to the Sitting. Thereafter, the Committee took up the Draft Report on the subject ‘Measures undertaken to secure representation of OBCs in admissions and employment in Kendriya Vidyalayas/Navodaya Vidyalayas and Sainik Schools/Rashtriya Military Schools' for consideration and adoption.

3. After some deliberations, the Committee adopted the Draft Report and authorised the Chairperson to finalise and present the same to both Houses of the Parliament.

The Committee then adjourned.

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