Explainer:  The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019

The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019 was passed by Parliament today.  It replaces an Ordinance that was promulgated in February 2019.  The Bill brings about two major changes in reservation of teaching posts in central educational institutions.  Firstly, it establishes that for the purpose of reservation, a university/college would be considered as one single unit. This means that posts of the same level across all departments (such as assistant professor) in a university would be grouped together when calculating the total number of reserved seats.  Secondly, it extends reservations beyond Scheduled Castes (SC) and Scheduled Tribes (ST), to include socially and educationally backward classes (OBC) and economically weaker sections (EWS). 

In this post, we look at how the Bill will impact the reservation of teaching posts in central educational institutions.  

How has teachers’ reservation been implemented in the past?

In 2006, the University Grants Commission (UGC) issued guidelines for teacher reservations in central educational institutions.[1]  These guidelines required central educational institutions to consider a university as one unit for the purpose of reservation.  It stated that reservations would be calculated using a roster system specified by the Ministry of Personnel, Public Grievances, and Pension.[2]

However, the UGC Guidelines (2006) were challenged in the Allahabad High Court in 2017.  The question before the Court was whether a university should be taken as a unit when applying the roster.[3] The Court found that individual departments should be taken as a unit for the purpose of reservation, instead of universities.  It held that taking a university as a unit could result in some departments having only reserved candidates and others having only unreserved candidates.  Following the judgment, departments were treated as a single unit for reservation at central educational institutions.

In March 2019, the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 was promulgated, and passed as a Bill in July 2019.  The Bill overturns the Allahabad High Court judgment and reverts to the system where a university is regarded as one unit for the purpose of reservation. 

Over the years, there has been deliberation on whether the university or department should be taken as a unit for reservation of teaching posts.  This has to do with the manner in which the roster system [4]specified by the Ministry of Personnel, Public Grievances, and Pension is applied in both situations.

What was the roster system specified by the Ministry of Personnel, Public Grievances, and Pension?

The roster system calculates reservation based on cadre strength.  A cadre includes all posts available to be filled within a unit, i.e. either department or university.  For instance, all associate professor positions within a university or within a department would be considered a cadre.

At present, the roster system is applied in two ways, i.e., the 13-point system or the 200-point system. For initial recruitment in both systems, all posts in a cadre are numbered and allocated.  This means that in a cadre with 18 posts, each post will be assigned a number from 1 to 18 and allocated to a particular category, i.e., either SC, ST, OBC, EWS or unreserved.  Therefore, hiring of teachers for all posts takes place on the basis of this list.

However, there are two fundamental differences between the 200 point and 13 point systems.

  1. Cadre size: The 13-point system is applied to cadres with two to 13 posts, and the 200-point roster is applied to cadres with 14 or more posts.
  2. Filling of vacancies: In the 200-point system, once a post is designated as a reserved seat for a specific category (for example, ST), all future vacancies of that post must be filled by a candidate of that category. However, in the 13-point system vacancies are filled in a rotational manner.

When a university is taken as the unit for reservation, the 200-point system is used, as there tend to be more than 13 posts in a university.  However, when a department is taken as a unit, the 13-point system or the 200-point system may be used, depending on the size of the department.

How are the number of reserved seats calculated in the roster system?

For both the systems, the number of seats reserved for SC, ST, OBC, and EWS is determined by multiplying the cadre strength with the percentage of reservation prescribed by the Constitution.  The percentage of reserved seats for each category is as follows:  (i) 7.5% for ST, (ii) 15% for SC, (iii) 27% for OBC, and (iv) 10% for EWS.

If the number of posts needed to be filled is 200, and the percentage of reservation for ST is 7.5%, we would use the following formula to calculate the number of reserved posts for that class:

Number of posts needed to be filled x percentage of reservation/100

= 200 x 7.5/100

= 15

Thus, the number of seats reserved for ST in a cadre with the strength of 200 posts is 15.  Using the same formula, the number of seats reserved for SC is 30, OBC is 54, and EWS is 20.

How are these reserved seats distributed across posts?

To determine the position of each reserved seat in the roster systems, 100 is divided by the percentage of the reservation for each category.  For instance, the OBC quota is 27%.  Therefore, 100/27 = 3.7, that is, approximately every 4th post in the cadre list.   Likewise, SC is approximately every 7th post, ST is approximately every 14th post, and EWS will be approximately every 10th post.

What is the difference in the application of the roster between the department and university systems?

To demonstrate the difference between the department and university systems, a hypothetical example of a university with 200 posts for associate professors, and nine departments with varying number of posts is provided below.

When the university is taken as a unit

If the university is taken as the unit for reservation, then the total number of posts for the reserved categories would be 119 (i.e., 30 for SC, 15 for ST, 54 for OBC, and 20 for EWS), whereas the number of unreserved (UR) seats would be 81.  This is mentioned in Table 1.  The method of calculation of these numbers is based on the roster system prescribed by the Ministry of Personnel, Public Grievances, and Pension.

Table 1:  No. of posts reserved when university is taken as a unit

Type of Post

No. of Reserved Seats

SC

30

ST

15

OBC

54

EWS

20

UR

81

Total

200

When departments are taken as separate units

If different departments of a university are taken as separate units for reservation, then the total number of posts for the reserved categories would be 101 (i.e., 25 for SC, 9 for ST, 49 for OBC, and 18 for EWS), whereas the number of unreserved (UR) seats would be 99.  This is mentioned in Table 2.  The method of calculation of these numbers is based on the roster system prescribed by the

Explainer:  The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019

The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019 was passed by Parliament today.  It replaces an Ordinance that was promulgated in February 2019.  The Bill brings about two major changes in reservation of teaching posts in central educational institutions.  Firstly, it establishes that for the purpose of reservation, a university/college would be considered as one single unit. This means that posts of the same level across all departments (such as assistant professor) in a university would be grouped together when calculating the total number of reserved seats.  Secondly, it extends reservations beyond Scheduled Castes (SC) and Scheduled Tribes (ST), to include socially and educationally backward classes (OBC) and economically weaker sections (EWS). 

In this post, we look at how the Bill will impact the reservation of teaching posts in central educational institutions.  

How has teachers’ reservation been implemented in the past?

In 2006, the University Grants Commission (UGC) issued guidelines for teacher reservations in central educational institutions.[1]  These guidelines required central educational institutions to consider a university as one unit for the purpose of reservation.  It stated that reservations would be calculated using a roster system specified by the Ministry of Personnel, Public Grievances, and Pension.[2]

However, the UGC Guidelines (2006) were challenged in the Allahabad High Court in 2017.  The question before the Court was whether a university should be taken as a unit when applying the roster.[3] The Court found that individual departments should be taken as a unit for the purpose of reservation, instead of universities.  It held that taking a university as a unit could result in some departments having only reserved candidates and others having only unreserved candidates.  Following the judgment, departments were treated as a single unit for reservation at central educational institutions.

In March 2019, the Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019 was promulgated, and passed as a Bill in July 2019.  The Bill overturns the Allahabad High Court judgment and reverts to the system where a university is regarded as one unit for the purpose of reservation. 

Over the years, there has been deliberation on whether the university or department should be taken as a unit for reservation of teaching posts.  This has to do with the manner in which the roster system [4]specified by the Ministry of Personnel, Public Grievances, and Pension is applied in both situations.

What was the roster system specified by the Ministry of Personnel, Public Grievances, and Pension?

The roster system calculates reservation based on cadre strength.  A cadre includes all posts available to be filled within a unit, i.e. either department or university.  For instance, all associate professor positions within a university or within a department would be considered a cadre.

At present, the roster system is applied in two ways, i.e., the 13-point system or the 200-point system. For initial recruitment in both systems, all posts in a cadre are numbered and allocated.  This means that in a cadre with 18 posts, each post will be assigned a number from 1 to 18 and allocated to a particular category, i.e., either SC, ST, OBC, EWS or unreserved.  Therefore, hiring of teachers for all posts takes place on the basis of this list.

However, there are two fundamental differences between the 200 point and 13 point systems.

  1. Cadre size: The 13-point system is applied to cadres with two to 13 posts, and the 200-point roster is applied to cadres with 14 or more posts.
  2. Filling of vacancies: In the 200-point system, once a post is designated as a reserved seat for a specific category (for example, ST), all future vacancies of that post must be filled by a candidate of that category. However, in the 13-point system vacancies are filled in a rotational manner.

When a university is taken as the unit for reservation, the 200-point system is used, as there tend to be more than 13 posts in a university.  However, when a department is taken as a unit, the 13-point system or the 200-point system may be used, depending on the size of the department.

How are the number of reserved seats calculated in the roster system?

For both the systems, the number of seats reserved for SC, ST, OBC, and EWS is determined by multiplying the cadre strength with the percentage of reservation prescribed by the Constitution.  The percentage of reserved seats for each category is as follows:  (i) 7.5% for ST, (ii) 15% for SC, (iii) 27% for OBC, and (iv) 10% for EWS.

If the number of posts needed to be filled is 200, and the percentage of reservation for ST is 7.5%, we would use the following formula to calculate the number of reserved posts for that class:

Number of posts needed to be filled x percentage of reservation/100

= 200 x 7.5/100

= 15

Thus, the number of seats reserved for ST in a cadre with the strength of 200 posts is 15.  Using the same formula, the number of seats reserved for SC is 30, OBC is 54, and EWS is 20.

How are these reserved seats distributed across posts?

To determine the position of each reserved seat in the roster systems, 100 is divided by the percentage of the reservation for each category.  For instance, the OBC quota is 27%.  Therefore, 100/27 = 3.7, that is, approximately every 4th post in the cadre list.   Likewise, SC is approximately every 7th post, ST is approximately every 14th post, and EWS will be approximately every 10th post.

What is the difference in the application of the roster between the department and university systems?

To demonstrate the difference between the department and university systems, a hypothetical example of a university with 200 posts for associate professors, and nine departments with varying number of posts is provided below.

When the university is taken as a unit

If the university is taken as the unit for reservation, then the total number of posts for the reserved categories would be 119 (i.e., 30 for SC, 15 for ST, 54 for OBC, and 20 for EWS), whereas the number of unreserved (UR) seats would be 81.  This is mentioned in Table 1.  The method of calculation of these numbers is based on the roster system prescribed by the Ministry of Personnel, Public Grievances, and Pension.

Table 1:  No. of posts reserved when university is taken as a unit

Type of Post

No. of Reserved Seats

SC

30

ST

15

OBC

54

EWS

20

UR

81

Total

200

When departments are taken as separate units

If different departments of a university are taken as separate units for reservation, then the total number of posts for the reserved categories would be 101 (i.e., 25 for SC, 9 for ST, 49 for OBC, and 18 for EWS), whereas the number of unreserved (UR) seats would be 99.  This is mentioned in Table 2.  The method of calculation of these numbers is based on the roster system prescribed by the Ministry of Personnel, Public Grievances, and Pension.

Table 2:  No. of posts reserved when department is taken as the unit

Department

No.

of posts

UR

SC

ST

OBC

EWS

A

5

4

0

0

1

0

B

13

8

1

0

3

1

C

20

9

3

1

5

2

D

2

2

0

0

0

0

E

50

22

7

3

13

5

F

10

6

1

0

2

1

G

25

13

3

1

6

2

H

25

13

3

1

6

2

I

50

22

7

3

13

5

Total

200

99

25

9

49

18

Note:  Number of posts in each department are hypothetical

As can be seen in the above example, if departments are taken as separate units, there is a decrease in the number of reserved posts.  The number of reserved posts decreased by five for SC, six for ST, five for OBC, and two for EWS.  This example is corroborated by the special leave petition filed by the Ministry of Human Resource Development in the Supreme Court against the 2017 order of Allahabad High Court. It demonstrates that the number of reserved seats in Banaras Hindu University (BHU) decreased when departments were taken as separate units.  The number of reserved posts decreased by 170 for SC, 114 for ST, and 90 for OBC.[5] EWS was not included in the reservation system when the BHU numbers were calculated. 

Thus, the trade off between the two systems is as follows. On the one hand, when the university is taken as a unit there is a possibility that some departments would only have reserved candidates and others would have only unreserved candidates. However, when a department is taken as a unit, there is a decrease in the total number of reserved posts within the university.

 

[1] Circular No. F. 1-5/2006(SCT), University Grants Commission, 2006.

[2] O.M. No. 36012/2/96-Esst. (Res), ‘Reservation Roster- Post based- Implementation of the Supreme Court Judgement in the case of R.K. Sabharwal Vs. State of Punjab, Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pension, July 1997, http://documents.doptcirculars.nic.in/D2/D02adm/36012_2_96_Estt(Res).pdf.

[3] Vivekanand Tiwari v. Union of India, Writ petition no.  43260, Allahabad High Court, April 2017.

[4] O.M. No.36039/1/2019-Estt (Res), ‘Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India’, Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pension, https://dopt.gov.in/sites/default/files/ewsf28fT.PDF.

[5] Special Leave Petition filed in Supreme Court by Ministry of Human Resource Development, January 2019, as reported in Indian Express, https://indianexpress.com/article/explained/simply-put-the-unit-in-teachers-quota-5554261/.

Ministry of Personnel, Public Grievances, and Pension.

Table 2:  No. of posts reserved when department is taken as the unit

Department

No.

of posts

UR

SC

ST

OBC

EWS

A

5

4

0

0

1

0

B

13

8

1

0

3

1

C

20

9

3

1

5

2

D

2

2

0

0

0

0

E

50

22

7

3

13

5

F

10

6

1

0

2

1

G

25

13

3

1

6

2

H

25

13

3

1

6

2

I

50

22

7

3

13

5

Total

200

99

25

9

49

18

Note:  Number of posts in each department are hypothetical

As can be seen in the above example, if departments are taken as separate units, there is a decrease in the number of reserved posts.  The number of reserved posts decreased by five for SC, six for ST, five for OBC, and two for EWS.  This example is corroborated by the special leave petition filed by the Ministry of Human Resource Development in the Supreme Court against the 2017 order of Allahabad High Court. It demonstrates that the number of reserved seats in Banaras Hindu University (BHU) decreased when departments were taken as separate units.  The number of reserved posts decreased by 170 for SC, 114 for ST, and 90 for OBC.[5] EWS was not included in the reservation system when the BHU numbers were calculated. 

Thus, the trade off between the two systems is as follows. On the one hand, when the university is taken as a unit there is a possibility that some departments would only have reserved candidates and others would have only unreserved candidates. However, when a department is taken as a unit, there is a decrease in the total number of reserved posts within the university.

 

[1] Circular No. F. 1-5/2006(SCT), University Grants Commission, 2006.

[2] O.M. No. 36012/2/96-Esst. (Res), ‘Reservation Roster- Post based- Implementation of the Supreme Court Judgement in the case of R.K. Sabharwal Vs. State of Punjab, Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pension, July 1997, http://documents.doptcirculars.nic.in/D2/D02adm/36012_2_96_Estt(Res).pdf.

[3] Vivekanand Tiwari v. Union of India, Writ petition no.  43260, Allahabad High Court, April 2017.

[4] O.M. No.36039/1/2019-Estt (Res), ‘Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India’, Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pension, https://dopt.gov.in/sites/default/files/ewsf28fT.PDF.

[5] Special Leave Petition filed in Supreme Court by Ministry of Human Resource Development, January 2019, as reported in Indian Express, https://indianexpress.com/article/explained/simply-put-the-unit-in-teachers-quota-5554261/.

The Monetary Policy Committee (MPC) has decided to conduct an off-cycle meeting today to discuss the failure to meet the inflation target under Section 45ZN of the Reserve Bank of India Act, 1934. As per the Reserve Bank of India Act (RBI), 1934, MPC is required to meet at least four times each year, to discuss the macroeconomic issues in the country, and take policy decisions to address those. This is the second time MPC has conducted an off-cycle meeting in 2022-23. The meeting is scheduled in light of inflation being consistently high for nine consecutive months.

In this blog, we discuss what the inflation targeting framework is, examine retail and wholesale prices, and the divergence between them.   

What is the inflation targeting framework, and what happens if inflation is persistently high?

In 2016, Parliament amended the RBI Act, 1934 to change the monetary policy, and introduce an inflation targeting framework. This framework prioritises price stability to achieve sustainable GDP growth. Price stability allows investors to confidently invest their money for productive activities, without worrying about it losing value. Price stability also maintains the purchasing power of consumers, i.e., the ability to purchase a good (or service) with a given amount of money.

As per the new framework, the central government, in consultation with RBI sets: (i) an inflation target, and (ii) an upper and lower tolerance level for retail inflation. The target has been set at 4%, with an upper tolerance limit of 6% and a lower tolerance limit of 2%. The upper and lower limits indicate that although it is desirable for inflation to be close to 4%, deviation between these limits is acceptable. The target and bands are revised every five years. In March 2021, the existing targets were carried forward.  

Retail inflation has been above 6% for the past nine months, and it has been above 4% from October 2019 onwards (See Figure 1).

Figure 1: Consumer price index (year-on-year; in percentage)

image

Sources: Database on Indian Economy, Reserve Bank of India; PRS.

If inflation is above or below the prescribed limits for three quarters, RBI must submit a report to the central government explaining why prices have been rising (or falling) persistently, what will be done to correct that, and an estimate as to when the target will be achieved.   

The MPC uses tools such as interest rates to control the level of inflation in the economy. One such rate is the policy repo rate, which is the rate at which RBI lends money to banks. An increase in the policy repo rate makes borrowing money more costly, and hence is expected to control inflation by reducing the money supply. MPC increased this rate from 4% in April 2022 to 4.4% in May 2022, to 4.9% in June 2022, to 5.4% in August 2022, and to 5.9% in September 2022.

Breaking down the Consumer Price Index and the Wholesale Price Index

Consumer Price Index (CPI) measures the general prices of goods and services such as food, clothing, and fuel over time. Retail inflation is calculated as the change in the CPI over a period of time. Goods and services such as petrol, food products, health, and education are considered for its calculation, which are assigned different weights (See Table 1). Between February 2022 and August 2022, the average annual inflation was 6.9%. The rise in prices of subcomponents of the CPI during this period is indicated in Table 2.

Table 1: Assigned weights for the calculation of CPI

Category

Weight

Food and beverages

46%

Miscellaneous (including petrol and diesel, health, and education)

28%

Housing

10%

Clothing and footwear

7%

Fuel and light

7%

Pan, tobacco, and intoxications

2%

Total

100%

Sources: MOSPI; PRS.

Table 2: Average inflation of some CPI components
between February 2022 to August 2022 (in percentage)

Subcategory of CPI

Average inflation

Vegetables 

13.26%

Oils and fats

12.46%

Footwear

11.41%

Fuel and Light

9.88%

Transport and communication

7.74%

Cereals and products

6.05%

Sources: Database on Indian Economy, RBI; PRS.

CPI is not the only index that measures inflation in an economy. The Wholesale Price Index (WPI) measures the wholesale prices of goods. A change in wholesale prices reflects wholesale inflation. Table 3 indicates the weights assigned to goods for calculating the WPI. Manufactured goods include metals, chemicals, food products, and textiles.   

Primary articles (23%) include food articles, and crude petroleum and natural gas. Fuel and power (12%) include mineral oils, electricity, and coal.  WPI has remained above 10% from April 2021 onwards. It reached an all-time high of 17% in May 2022. This was driven by the inflation in metals, kerosene and petroleum coke, fruits and vegetables, and palm oil.

Table 3:Assigned weights for the
calculation of WPI (in percentage)

Category

Weight

Manufactured products

64%

Primary articles

23%

Fuel and power

12%

All commodities

100%

Sources: Ministry of Commerce and Industry; PRS.

Why has WPI inflation been consistently above CPI inflation?

Movements in the WPI have an impact on the CPI.  For almost a year and half, CPI inflation has remained below WPI inflation.  However, as per the design of the indices, it is expected that CPI would remain above WPI, and that any increase in WPI would reflect in the CPI after a time lag.  This is because retail prices include taxes (as a percentage of price), while wholesale prices do not.  Additionally, some of the goods in WPI act as inputs in the goods considered in CPI.  An increase in input prices would lead to higher retail prices after a time lag.

We discuss possible reasons for why CPI has remained below WPI for a year and a half.

Figure 2: Consumer Price Index and Wholesale Price Index

image

Sources: Database on Indian Economy, Reserve Bank of India; PRS.

Composition of indices

As indicated in Table 2 and 3, the composition of the two indices varies. For instance, prices of manufacture of basic metals, chemicals, and machinery grew at an average rate of 13% between February 2021 and September 2022.  They contribute 7% to the WPI. These are input goods for producing final goods and services such as automobiles, which are included in the CPI. The rise in prices of transport vehicles, communication devices, fuel for transport, and housing (CPI components) rose by 6% during this period.

The Ministry of Finance has observed that wholesale prices did not feed into retail prices (from March 2021 onwards) as wholesalers absorbed the rising input costs and did not pass them on to retailers. In August 2022, it noted that as retail prices are rising now, the pass-through may occur.