Reservation Policy in Indian Institutes of Technology - Recent Developments

Recent Developments

In 1989, Prime Minister Vishwanath Pratap Singh accepted and implemented the proposals of Mandal Commission that recommended provisions for reservations in private unaided institutions as well as high-end government jobs for minorities communities. It also laid stress on including the OBCs in the perview of reservations. There were massive student protests throughout the country against it, but the proposals were eventually implemented. However, no changes took place in the IITs because of the legislation. But in the year 2005, based on the recommendations of an independent panel, the UPA government at the centre proposed to implement quota system for Scheduled caste, Schedule tribe, Other Backward Classes and minority communities in IITs and IIMs (for both students and faculty). In order to pave way for such reservation scheme, the Constitution of India was amended (the 93rd Constitutional Amendment, originally drafted as 104th Amendment Bill). In 2006, the UPA government promised to implement 27% reservation for OBCs in institutes of higher education (twenty central universities, the IITs, IIMs and AIIMS) after 2006 Assembly elections. This, if implemented, would reduce the seats for the general section of the population to less than 50.5% (since those for whom the quota is granted can compete with the general section also on merit).

This led to sharp reactions from the student communities in the institutes concerned and also substantial opposition from students of other colleges as well. Students gathered under the banner of "Youth for Equality" and demanded that the government roll back its decision to grant more reservations. Nearly 150 students went on hunger strike in AIIMS (Delhi) which, as on 23 May has entered into its ninth day. Within the next few days, students from all IITs joined the protest in one form or the other. Student protesters were reportedly beaten brutally in Mumbai and Delhi. Resident doctors from all over India joined the protests crippling the health infrastructure of a number of cities. The government took stern measures to counter the protesting doctors by serving them with suspension letters and asking them to vacate the hostels to make way for newly recruited doctors. Many states have invoked the Essential Services Maintenance Act (ESMA) and gave notice to the doctors to return to work in 24 hours failing which legal action will be taken against them. The government has also put on alert 6,000 men from Rapid Action Force to take care of any untoward incident. However in most places the protesters remained defiant regarding ESMA. Few IIT students also wrote to the President of India requesting him to allow them to commit suicide if the proposed reservation is implemented.

In addition to complete roll-back of the proposed reservation, the striking protesters have demanded that an expert committee comprising members from non-political organisations to review the existing reservation policy and find out whether reservation for OBCs is required at all. This is based on the current confusion over actual population of OBC as various organizations have indicated various figures for the population of OBCs. This is mostly because the 1931 national census was the last time detailed population and economic data was gathered along with caste information for the OBC population. The Mandal Commission, using extrapolated 1931 Census figures, put it at 52 per cent, the National Sample Survey Organisation (NSSO) at 32 per cent and the National Family and Health Survey at 29.8 per cent. Keeping in view the fact that already 23.5% of all college seats are reserved for OBCs, the rationale of extending reservation is debated. The protesters also demand that no penal action be taken against the protesters and publication of a white paper by the government, making its stand clear on reservation.

Meanwhile the National Knowledge Commission has requested the government to maintain the status-quo on the issue; 6 out of 8 of its members felt that alternative avenues have been insufficiently explored. After the HRD minister Arjun Singh criticized the Knowledge Commission for its stand, two members of the Commission (Pratap Bhanu Mehta and Andre Béteille) resigned on 22 May 2006. Around the same time, a section of the media has reported that IIT Delhi, an elite institution is half-hearted about reservation and that it denied admission to the top ranking Scheduled caste student in its post-graduate programme. The NRI Quota was once started where Indian Kids living outside India got admission in the IIT's through their SAT scores, the NRI Quota should not pass over 2.5% of the overall seats. The NRI Quota was later stopped due to low quality of students.

On 29 March 2007, the Supreme Court of India, as an interim measure, stayed the law providing for 27 percent reservation for Other Backward Classes in educational institutions like IITs and IIMs. This was done in response to a public interest litigation — Ashoka Kumar Thakur vs. Union of India. The Court held that the 1931 census could not be a determinative factor for identifying the OBCs for the purpose of providing reservation. The supreme court also observed, "Reservation cannot be permanent and appear to perpetuate backwardness".

On 10 April 2008, the Supreme Court of India upheld the law that provides for 27% reservation for Other Backward Castes (OBCs) in educational institutions supported by the Central government, while ruling that the creamy layer among the OBCs should be excluded from the quota.