Lok Sabha passes the Reservation in teacher’s Cadre Bill 2019

Lok Sabha passes the Reservation in teacher’s Cadre Bill 2019, overturning the Supreme Court’s decision on the matter relating to subject-wise reservation for teaching posts

The Lok Sabha on July 01, 2019 passed "The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019" to treat 'University/ College' as the unit of reservation roster for teaching posts as opposed to that of the ‘Department/ Subject’.

This bill came as an upshot to the Hon’ble Supreme Court’s Judgment in the case of R.K. Sabharwal v/s. State of Punjab & Vivekanand Tiwari v Union of India. The Supreme Court of India has held that ‘the reservation in teaching posts should be applied subject-wise’. But this Bill clearly postulates to apply reservation as per the University/College and not as per directed by the Hon’ble Apex Court.[1]

IMAGE 1: HRD Minister Ramesh Pokhriyal ‘Nishank’ while presenting the teacher’s reservation Bill 2019 in Lok Sabha.

The overturning of the Supreme Court’s Judgment by this Bill can be clearly inferred from clause (3) of the Bill read with its ‘Statement & Objects’, as former initiates with the Non-obstante Clause & the latter clarifies the applicability of the Bill for granting reservations in terms of ‘University/College’ and not on the basis of ‘Department/Subject-wise’.

Now, the Bill is all set to be presented before the Rajya Sabha. The fate of the same will be decided in the Upper House of the Indian Parliament, that whether it will be converted into an Act or not?

The copy of the bill can be reached out on clicking this link:

https://drive.google.com/file/d/1muyhd_SHRPW28lV_YFNGSkFb4qgmy4zm/view?usp=sharing

[1] Live Law News Network, Lok Sabha Passes Bill To Overturn SC Decision On Subject-Wise Reservation For Teaching Posts [Read Bill], LIVE LAW (July 01, 2019, 08:30 AM), https://www.livelaw.in/news-updates/lok-sabha-passes-bill-overturn-sc-decision-on-subject-wise-reservation-for-teaching-posts-146012.