By Rohit & Anirudh A modified 'Modernization of State Police Forces' scheme was started by the central government in 2000-01. One of the objectives was to help police forces in meeting the emerging challenges to internal security in the form of terrorism, naxalism etc. The scheme aims to modernize police forces in terms of:

  • Mobility (including purchase of bullet proof and mine proof vehicles)
  • Weaponry
  • Communication Systems
  • Training
  • Forensic Science Laboratory/ Finger Printing Bureau
  • Equipments
  • Buildings

Under this scheme, States have been clubbed into different categories and Centre-State cost sharing is category specific. Since 2005-06, States have been categorized as category ‘A’ and ‘B’ with 100% and 75% Central funding respectively. All the North Eastern States, namely Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim have been placed in category ‘A’ and thus, are entitled to receive 100% Central assistance for implementation of their annual approved plans. Recently, CAG decided to evaluate the working of the scheme and commissioned ‘performance audit’ reviews covering select general category and special category States. Each review covers a contiguous five year period between 2000 and 2007, but varies across selected states. For the periods under review, each state had a plan outlay (the total amount proposed to be spent in modernizing the state's police forces). However, in most cases, the actual release of funds fell significantly short of this outlay - in some cases the Centre did not contribute its share, in others the States lagged behind. For instance, in the case of Bihar, the Centre released only 56% of its share; while in the case of Rajasthan and West Bengal, the States did not release any funds at all. The graph below shows the actual releases by the Centre and the States (as percentages of their share in the proposed outlays): Further, even the funds that were released were not fully utilized. Thus, the amount finally spent fell significantly short of the initial proposal. The graph below shows the actual expenditure by State: Following are some of the other main findings from the CAG report:

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the MHA were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent money on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan.

c) Jharkhand – District Control rooms remained non-functional because of shortage of manpower.

Weapons

§ Police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.

Table 1: Summary of main findings in the CAG audit for different states for Modernisation of State Police Forces

Purpose for which money was sanctioned

Summary of CAG Findings

Planning

(Every state has to propose an Annual Action Plan every year. The plan is approved by the Ministry of Home Affairs and money is released as per the plan.)

§ Submissions by the states to the Ministry of Home Affairs (MHA) were delayed.

§ There were also delays in the clearance granted by the MHA.

§ In various states such as,

a) Andhra Pradesh – the government spent Rs 32 crore on works not covered by the Annual Action Plan.

b) Bihar – Persistent delays in preparation of the Plan by the state police.

c) West Bengal – the plans drawn up by the state did not include items covered under the scheme.

Mobility

§ Overall shortage of vehicles was observed. Most of the new vehicles replaced the old ones, and no additions were made.

§ The police response time was too long in some states.

§ To give examples from some states:

a) Andhra Pradesh – 58 percent of vehicles procured were utilised for replacing old vehicles.

b) Bihar – the shortage of vehicles was 43 percent.

c) Uttar Pradesh – 2400 vehicles were procured against a shortage of nearly 10,000 vehicles. 203 ambassador cars were procured, though only 55 were approved by the MHA.

Residential and non-residential buildings

§ There were considerable delays in construction of buildings in most states. Consequently, police forces’ own security was in jeopardy. Satisfaction levels with the housing provided were also very low.

§ In states such as:

a) Andhra Pradesh – 53 percent of staff quarters and 43 percent of official buildings were not completed (2007).

b) Bihar – The total requirement of housing was nearly 60,000. Only six percent of this were included in the Plan, and only 1045 units were completed by 2006.

c) Jharkhand – District Control rooms remained non-functional even after spending Rs 2 crore because of shortage of manpower.

Weapons

§ It was observed that the police force in states continue to depend on outdated weapons.

§ Shortages of weapons also happened as acquisition from ordnance factories was very slow.

§ The weapons that were procured were mostly kept in the district headquarters.

§ In some states such as,

a) Bihar – AK-47s were kept at the disposal of bodyguards of VIPs.

b) West Bengal – Adequate weapons were not supplied to extremist prone police stations.

Communication

§ Police Telecommunication Networks were not set up successfully in some states. In others, network was functional only up to the district level.

§ Shortages of various communication equipments were also observed.

§ In some states such as,

a) Bihar - The Police Telecommunication Network system (costing Rs. 4.96 crore) remained non-functional due to non-construction of tower.

b) Maharashtra – Of the 850 purchased Remote Station Units, 452 were lying in stores.

Forensic Science Laboratory/ Finger Printing Bureau

§ In most States the Forensic Science Laboratories lacked adequate infrastructure.

§ In the absence of automatic finger print identification systems, investigation was being done manually in some States.

§ In some states such as,

a) Maharashtra - There were significant delays in receipt and installation. There was also shortage (284 vacant posts) of technical manpower.

b) West Bengal - Performance of the Forensic Science Laboratory was poor and in some cases, the delay in issue of investigation reports was as high as 45 months.

Training

§ It was observed that the percentage of police personnel trained was very low.

§ Training infrastructure was also inadequate.

§ In some states such as,

a) Bihar - Only 10 per cent of total force was trained.

b) West Bengal - Live training was not imparted for handling useful weapons and this severely affected the performance of police forces.

Sources: CAG Compendium of Performance Audit Reviews on Modernisation of Police Force; PRS.

Note: The audit has been done broadly from 2000 to 2007. Consequently, the period of audit for different states may vary.

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/.