• - ¶MThQR 2007./t 14, 192k .

No. SI NEW DELHI, TH(JRSDAY, JANUARY 4, 2007 /PAUSA.14, 1928

.

Separate paging isgiven to this !afl in order that it may be filed as a separate compilation.

• - . MINISTRY OF LAW AND JUSTICE .

• (Legislative Department)

- . New Delhi, the 4thianuwy, 2007/Pausa 14,1928 (Saka)

• The following Ac of Parliament received the assnt of the President on the v

3rd January, 2007, and is hereby published foE general inforiation:— :

THE CENTRALEDUCATIONAL INStITUTIONS • (RESERVATION IN ADMISSION) ACT, 2006 .

• . •

. H No. 5ov 2007 . . .

• ' - . ' [3rdJa,ary, 2007]

An Act to pro'ide for the reservtion in admission of the students belonging

to th6Sche4uled Castes, the Scheduled Trib'es and the Other Backward •

- . Classes of citizens, to certain Central Educational Institutions . -F

. eablished, maintàinedor aided by the CentràhGovernment, and for matters connected therewith or incidental thereto. . .

BE it eiiactedby Parliament in the Fifty-seventh Year of the Republic of India ag • •

follows:— . •• . .. .

1. This Act may be called the déntral Educational Institutions (Reservation in Short tiUc Admission) Act; 2006. j •.

.

- 2. In this Act, unless the context otherwise requires,— • ' Dcfrnitions.

(a) "aèademic ession" meansThe period in a calendar year, or a pafl thereof, during which a Central Eduational Institution is open for teaching or instruction in any branch of study or faculty;-

2 THE GAZETTE OF INDIA EXTRAORDINARY (PART II-

(b) "annual permitted strength" means the number of seats, in a course or programme for teaching or instruction in each branch of study or faculty authorised by an appropriate authority for admission of studnts to a Central Educational Institution;

(c)."appropriate authority" means the University Grants Commission, the Bar touncil of India, the Medical Council of. Intia, the Al! India Council for Technical Educaiiondi any other añthority or body established by or undera Central Act for the determination, coordination or maintenanbe of the standards of higher education in any Central Educational Institution;

(c"Central Educational Institution" means— • - .

(I) a university established or incorporated by or under a Central Act; 4 (U) an institution of national importance setup by an Act of Parliament;

(UI) an institution, declared as a deemed University under section 3 of the University Grants Commission Act, 1956, and maintained by or receiving 3 of 1956. aid from the Central Government;

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 (U), or a constituent unit of an institution referred to in clause (iii);

an educational institution set up by the Central Goyernment under the Societies Registration Act, 1860; 21 of 1860.

(e) "faculty" means the faculty of a Central Educational Institution;

0) "Minority Educational Institution" means an institution established and administered by the minorities under clause (1) of article 30 of the Constitutiob and so declared by an Act of Parliament or by the Central Government or declared as a Minority Educational Institution under the National Commission for Minority Educational Institutions Act, 2004; - - 2 of 2005.

(g) "Other Backward Classes" means the class or classes of citizens who are socially and eduôationally backward, and are so determined by the Central Government;

• (h) "Scheduled Castes" means the Scheduled Castes notified under article 341 of the Constitution;

(I) "Scheduled Tribes" means the Scheduled Tribes notified under article 342 of the Constitution; .

(I) "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

Reservation of 3. The reservation of seats in admission and its extent in. a Central Educational seats in central Institution shall be provided in the following manner, namely:- Educational Institutions. . .

(z) out of the annual permitted strength in each branch of study or faculty, fifteen per cent, seats shall be reserved for the Scheduled Castes; -

I - 't

frJ

7-

SEC. 11 THE GAZETTE OF (INDIA EXTRAORDINARY 3

(u) out of the -annual permitted strength, in each branch of'study or faculty, - - seven and one-half per cent. seats shall be reserved for the Scheduled Tribes; -

(iii) out of the annual permitted strength in each branch of study or faculty, twenty-seven per cent. seats shall be resered for the Other Backward Classes.

4: The provisions of section 3 of this Act shall 'not-apply to— :-• - - : - Act not to apply in certain

a Central Educational Institution established in the tribal areas referred to - cases. in the Sixth Schedule to the Constitution;

the Institutions of excellence, research instituions, institutions of national and strategic importance specified in the-Schedule to this -Act:.

Provided that the Central Government may, as and when considered necessary, by notification in-the Official Gazette, amend the Schedule; -

a Minority Educational Institution as defined in this Act;

( ,a course or programme at high-levels ofspecialiation, including at the post-doctoral level, within-any branch of study or faculty, which the Central Government may, in consultation with the appropriate authority, specify. -

5. (1) NotwithstandIhg anything contained in clause (iii) of section 3 and in any Mandatoiy other law for the time being in force, every Central Educational Institution shall, with th e:eaSe of

prior approval of the appropriate authority, increase the number of seatsin a branch 0ft5 study or faculty over and above its annual permitted strength so'that the number of seats,-excluding those reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes andihe Other Backward Classes, is not less than the number of such seats available for the academic session immediately preceding the date of the coming into force of this Act.

(2) Where, on a representation by any Central Educational Institution, the Central Government, in,consultation with the appropriate authority, is satisfied that for reasons of financial; physical or academic limitations or in order to maintain the standards of education, the annual permitted strength iii any branch of study or -

faculty of such institution cannot be increasedfor the academic session following the commencement of this Act, it may permit by notification in the Official Gazette, such institution to increase the annual permitted strenkth over a maximum period of three years beginn'ing.with the academic session following the commencernent - of this Act; and then, the extent of reservation for the Other Backward Classes as provided in clause (iii) of section 3 shall - be limited for that academic s.ession in such manner that the number of selts available to the Other Backward Classes for each academic session are commensurate with,the - increase in the permitted strenth for each year. , : - . -

.6. The Central Educational Institutions shall take all necessary steps, which are Reservation of required in giving effect to the provisions of sections 3,4 and 5 of this Act, for the purposes seats in

of reservation of seats' in admissions to - its academic sessions commencing on and -from the admissions to begin

calendar year, 2007. - -. - calendar year, 2007.

7. Every notification made under this Act shalt be laid, as soon as may be 'after it is Laying of made, before each House of Parliament while it is in session, for a total peod of thirty notifications days which may be compriied in one session or in two or moth successive sessions, and-if, rt before the expiry of the session immediatelyfdllowinithësëisiOñ orthe'successive sessions ar larnen aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall.the?eafler have effect only in such modified form or be of nh effect, as the case may be;-'so, however, that any -

such modification or annulment shall be without prejudice to the validity of:anything previously done under that notification. - - - -

p

4 :ThE GAZETTE OF INDIA EXTRAORDINARY [PARr il—SEc. 11

• THE SCHEDULE [See section 4(b)]

S. No. Names of the Institutions.of Excellence, etc.

1. Fomi Rhablia National Institute, Mumbai and its constituent units, namely:-

:1 (i) Bhabha Atomic Research Centre, Trombay;

Indira Gandhi Centre for Atomic Research, Kalpakkam;

Raja Ramanna Centre for Advanced Technology, Indore;

Institute for Plasma Research, Gandhinagár;

Variable Energy Cyclotron Centre, Kolkda;

Saha Institute of Nuclear Physics, Kolkata;

Institute of Physics, Bhubaneshwar;

Institute of Mathematical Sciences, Chennai;

Harish-Chandra Research Institute, Allahabad;

Tata Mimorial Centre, Mumbai.

Tata Institute of Fundamental Research, Mumbai.

North-Eastern Indira.Gandhi Regional Jnstitute of Health and MedicaL Science, ShiIlon.

National Brain Research Centre, Manesar, Gurgaon.

Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.

Physical Research Laboratory, Ahmedabad.

Space Physics Laboratory, Thiruvananthapuram.

Indian Institute of Remote Sensing, Dehradun.

K. N. CHATURVEDI, Secy to the Govt of India.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PusucATloNs, DELHI, 2007.

MGIPMRND-2201(S-5)--4-1.2007.

ASSENTED TO

19 JUN 2012

Act.

.4'

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION) AMENDMENTLA 2012

(As pAsse 82116jg0 PARLILEWrY'

• BffLC

to amend the Central Educational Institutions (Reservation in Admission) Ac4 2006.

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:-

I. This Act may be called the Central Educational Institutions (Reservation in Short title. Admission) Amendment Act, 2012.

2. In section 2 of the Central Educational Institutions (Reservation in Admission) Amendment of 2007. Act, 2006 (hereinafter referred to as the principal Act), after clause (O the following clauses of section 2.

shall be inserted, namely:-

'(ia) "specified north-eastern region" means the area comprising of the States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and the tribal areas of Assam referred to in the Sixth Schedule to the Constitution;

(it') "State seats", in relation to a Central Educational Institution, means such seats, if any, out of the annual permitted strength in each branch of study or faculty as

are earmarked to be filled from amongst the eligible students of the State in which such institution is situated;'.

Amendment 3. In section 3 of the principal Act, the following provisos shall be inserted, namely:- of section 3.

"Provided that the State seats, if any, in a Central Educational Institution situated in the tribal areas referred to in the Sixth Schedule to the Constitution shall be governed by such reservation policy for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, as may be specified, by notification in the Official Gazette, by the Government of the State where such institution is situated:

Provided further that if there are no State seatsin a Central Educational Institution and the seats reserved for the Scheduled Castes exceed the percentage specified under clause (/) or the sents reserved for the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for the Scheduled Castes and the Scheduled Tribes taken together exceed the sum of percentages specified under clauses (i) and (ii), but such seats are-

less than fifty per cent. of the annual permitted strength on the date immediately preceding the date of commencement of this Act, the total percentage of the seats required to be reserved for the Other Backward Classes under clause (iii) shall be restricted to the extent such sum of percentages specified under clauses (I) and (ii) falls short of fifty per cent. of the annual permitted strength;

more than fifty per cent. of the annual permitted strength on the date immediately preceding the date of commencement of this Act, in that case no seat shall be reserved for the Other Backward Classes under clause (iii) but the extent of the reservation of seats for the Scheduled Castes and the Scheduled Tribes shall not be reduced in respect of Central Educational Institutions in the specified north-eastern region.".

Amendment 4. In section 4 of the principal Act, clause (a) shall be omitted. of section 4. Amendment 5. In section 5 of the principal Act,- of section 5.

in sub-section (1), for the words "number of such seats available", the words "number of such seats available or actually fillôd, whichever be less," shall be substituted;

in sub-section (2), for the words "three years", the worth "six years" shall be substituted. .

. Amendment 6. In section 6 of the principalAct, for the figures "2007", the figures "2008" shall be of section 6. substituted.

G0 ..1 0

Co

ZLOZ9OZ—(CS)916L9V-ONbWdIOI'JD

(juawv:/Jn,J •[o samoll all) iCq pasmvd sy)

900Z 'izv (uo!ss!wpy Ui uOuuauosa)J) suoLinhlIsul jUonuonp3 I 0 a4l puauz2 o

TM

5

C 1t'r—('e)o4I000v2003---I2 REGISTERED NO. DL—(N)04/00071200I2

WN 3TFM theWaeettc of auRa

EXTRAORDINARY

tip; D — VM9 I

PART H - Section I

511f¼4Rt Hiihiflim

PUBLISHED BY AUTHORITY

11 * 331 tWR, T 20, 2012/ 30, 1934 (ii)

p No. 331 NEW DELHI, WEDNESDAY, JUNE 20,20121 JYAISTHA 30, 1934 (SAXA)

Separate paging is given to this Fart in order that it may be filed as a separate compilation.

MINISTRY OFLAWANI) JUSTICE (Legislative Department)

New DeIh4 the 201li June, 201 2/Jyalsiha 30, 1934 (Saka)

The following Act of Parliament received the assent of the President on the

19th June, 2012, and is hereby published for general information:-

THE CENTRAL EDUCATIONAL INSTITUTiONS (RESERVATION IN ADMISSION)AMENDMENT ACT, 2012

[No. 31 OF 2012] [19th June, 2012]

An Act to amend the Central Educational Institutions (Reservation in Admission) Act, 2006

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:-

I. This Act may be called the Central Educational Institutions (Reservation in Short titte(

Admission) Amendment Act, 2012.

2. In section 2 of the Central Educational Institutions (Reservation in Admission) Am(ndmcnt

5 of 2007. Act, 2006 (hereinafterreferred to as theFliicipal Act), aft& clause (0, the following clauses 9jsection 2.

shall be inserted, namely:-

'(ía) "specified north-eastern region" means the area comprising of the States of

Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and the

tribal areas ofAssam referred to in the Sixth Schedule to the Constitution;

(ib) "State seats", in relation to a Central Educational Institution, means such

seats, if any, out of the annual permitted strength in each branch of study or faculty as

2 THE GAZETTE OF INDIA EXTRAORDINARY fPTil--SEc. I]

are earmarked to be filled from amongst the eligible students of the State in which such institution is situated;'.

Amendment 3. In section 3 of the principal Act, the following provisos shall he inserted, namely:- of section 3. -

"Provided that the State seats, if any, in a Central Educational htitution situated in thetrib4l areas referred to in the Sixth Schedule to the Constitution shall be governed by such reservation policy for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, as may be specified, by notification in the Official Gazette, by the Government of the State where such institution is situated: -

Provided further that if there are no State seats in a Central Educational institution and the seats reserved for the Scheduled Castes exceed the percentage specified under clause (I) or the seats reserved for the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for the Scheduled Castes and the Scheduled Tribes taken together exceed the sum of percentages specified under clauses (/) and (ii), but such seats are-

less than fifty per cent. of the ammal permitted strength on the date immediately preceding the date of commencement of this Act, the total percentage of the seats required to be reserved for the Other Backward Classes under clause (ii:) shall be restricted to the extent such sum of percentages specified under clauses (I) and (II) falls short of fifty per cent. of the annual permitted strength;

more than fifty per cent. of the annual permitted strength on the date immediately preceding the date of commencement of this Act, in that case no seat shall be reserved for the Other Backward classes under clause (III) but the extent of the reservation of seats for the Scheduled Castes and the Scheduled Tribes shall not be reduced in respect of Central Educational Institutions in the specified north-eastern region.". -

Amendment 4. In section 4 of the principal Act, clause (a) shall be omitted. of section 4.

Amendment 5. In section 5 of the principal Act,- of section 5.

in sub-section (1), for the words "number of such seats available", the words "number of such seats available or actually filled, whichever be less," shall be substituted;

in sub-section (2), for the words "three years", the words "six years' shall be substituted.

Amendment 6. In section 6 of the principal Act, for the figures "2007', the figures '2008" shall be of section 6. substituted.

-

V. K. BHASIN, Secretaty to the Govt ofIndia.

PRINTED BY DIRECTORATE OF PRINTING AT GOVERNMENT Of INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2011

GMGIPMRNO-1 605G1 (S3)-20-06-201 2.

6 THE GAZETtE OF INDIA EXTRAORDINARY IPAWr I--SEc. I]

MINISTRY OF HTJMAN RESOURCE I)EVEI2OPMEN'l'

4 ) (Department of Higher Education)

C 6 / RESOLUTION New Delhi, the 22nd December, 2011

F. No. F. 1-1/2005-U. 1 A/846.---Whereas, theCentral Educational Institutions (Reservation in dmission) Act, 2006 (No. 5 of 2007) (hereinafter refered to as the 'CEI Act') provideTV&r reservation

in admission to the students belonging to the Scheduled Castes (SC), the Scheduled l'rihes (ST) and the Other I3ackward Classes (OBC) of citizens to Central Educational Institutions established, maintaincd or aided by the Central Government;

And whereas, the CET Act defines "Other Backward Classes" as the class or classes of Citizens who are socially and educationally backward (SEBC) , and are so determined by the Central Government;

And whereas, the Central Government, by Resolution of the Government of India in the Ministry of Human Resource Development, F.No.1-1/2005-U.1 A/846

' dated the 20 th April, 2008, (hereafter referred to as earlier Resolution and annexed as Annexure-1 to this Resolution) by way of clarification, reconfirmed that the Central Lists of SEBCs/OBCs mentioned in the earlier Resolution are and have always been, for all purposes including reservation in admission to educational institutions as elucidated therein, and notified and adopted the Central Lists of SEBCsIOBCs notified State-wise from time to time by the Ministry of Welfare / Social Justice and Empowerment, subject to such modifications as may be made therein from time to time by that Ministry, excluding, in compliance with the directions of the Supreme Court of India dated 10.4.2008 in W.P. (Civil) No. 265 and other related Writ Petitions, the Socially Advanced Persons/sections (commonly referred to as the "creamy layer") in accordance with O.M. No. 36012/22/93-Estt.(SCT), dated 8.9.1993 of the Ministry of Personnel, Public Grievances and Pension (Department of Personneland Training) as amended by O.M. No. 36033/3/2004-Estt. (Res) dated 91h March, 2004 and as may be modified by that Ministry from time to time, as applicable for the purposes of implementing reservation in admission to Central Educational Institutions as defined in the Central Educational Institutions (Reservation in

p Admission) Act, 2006 [No. 5 of 2007];

And whereas, the Central Government has decided to carve out, with effect from the 1g January, 2012 a sub-quota of 4.5 per cent (four point five) for socially and educationally backward classes of dtizens belongings to minorities, as defined in clause (c) of section 2 of the National Commission for Minorities Act, 1992 within the 27 per cent. reservation for Other Backward Classes as notified by the Government in accordance with O.M. No. 360 12/22/93-Estt.(SCT), dated 8.9.1993

[%11T1 1__tF4T1 I] 1WI i (FPT 344N1T7

31k- i a? t5 aq !!?1LT Th Efaf a G{e4

(ni) Zftw Eà 'aff a drib Az rf q thi a flu 3WaM ct &T24 ca fà?iJZ e

ftwm a - t

3ft t fs zfta4 adre,7zw -9 ZkpkT zlm l f6m 9T f/3f4 RZT M frp f'rfw

ziei 4 5arif sr%i r6d Si an-in q & nà c4ct eff aft thmi 1i uii

zii a r, mi* a rf~ -ffiä f$ S fiu a? ?lQm

R4 zrf ?$fu g a ror S fiu 312flT f S 3ff?1Ur ta S S Tht1TT S 3izAc 16 5 (4)5

() 5 sif &r UW03FI3 ;Fq S thi S i z a? 3fc- 15 SWi (4)5 - n -

JTEIT '- a? * gç , trimm 1itg ura *, t

Wrr1&f 9&TZT WZ4 stat a tbi la jcir31f

,

Sh 3TrZTcf5 VZT 7,rg a rgId 1kWUaI

2T11T2 31W 91T??T aZ 7ft -st a t a?

Z~g sipr rr , i zffau a? im@rn pf th?xgrf mtzi

31fIRU 23Ta1T11Th ?T2T t1 ü Sft t t3 '1J(ZR1T 265) a?

3"T zitm a1TT S 3iTT aIWZt S ftZiiW 1 0.04.2aO S fi2ff S

1d1Iitr 3WW ZZI ftq /q-4 (aft - 'nae' zin* t) 3TZZr tii Tj jT S TnT ?I5Tfc, 1IIe1d a?:mr 3,11e14

rff a? V%fUT ¶aT1W S T4 ZiW 36012/22/9 3—?ZflVEIT QT.?ffS) thim5 08j)9iqg3 a? ZZTS ft& 9 IT8 2004 5 WQW '&?T 36033/312004-? ) zr a Ia 9W 364fp4, 2006 Thf S

S coqaqc Co awej thiisiz a? J5-cIft i

H - 1

46

S

/

a

['11T I_u I .1 11w! ci raq : 3N1ItIRVI 7

from time to time, referred to in the preceding paragraph, subject to the same conditions and restriction mentioned therein;

Now therefore, the Government of India in the Ministry of Human Resource Development hereby clarifies that reservations in admission to the educational institutions as elucidated in its earlier Resolution would continue to apply subject to a sub-quota of 4.5 per cent (four point five) for minorities, as defined in clause (c) of section 2 of the National Commission for Minorities Act, 1992 out of the 27 per cent. reservation for Other Backward Classes, in accordance with the Office Memoranda as modified by those Ministries referred to in the third paragraph from time to time, as applicable for the purposes of implementing reservation in admission to Central Educational Institutions as defined in the CEL Act, 2006.

For and On Behalf of the President of India

R. R SISODIA, Jt. Secy.

ANNEXURE-I

MINISTRY OF HUMAN RESOURCE 1)EVELOPMEN'I' (J)epartment of higher Education)

RESOLUTION New Delhi, the 20th April, 2008

F. No. F. 1-1/2005-U. I A1846. •Whcreas. the Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007) (hereinafter referred to as the tEl Act') provides 11w the reservation in admission of the students belonging to the Scheduled Castes (SC), the Scheduled l'ribes (Si') and the Other L3ackward Classes (OBC) of citizensto Central Educational Institutions established, maintained or aided by the Central Government; -

And whereas. the CR1 Act defines the "Other Backward Classes" as the class or classes --

of citizens whQ are socially and educationally backward, and are so determined by the

Central Government;

And whereas, the Government of India had, recognizing that in our society marked by

gross inequalities, early achievement of the objective of social justice as enshrined in the

Constitution is a must, and established the Second Backward Classes Commission or the

Mandal Commission as a measure pursuant to this purpose;

And whereas, the terms of the reference of the said Mandal Commission included the

dctermination of the criteria for defining the socially and educationally backward classes

(SEBC) and recommendation of steps to be taken for the advancement of the socially and

educationally backward classes of citizens so identified and examination of the

desirability or otherwise of making provision for the reservation of appointments or posts

in favour of such backward classes of citizens which are not adequately represented in

public services and posts in connection with the affairs of the Union or of any State;

A

)

Si 8 THE GAzirril-: OF INDIA EX1'RAORDINARY I PART I--SEC.

And whereas, the Government carefully considered the Report and the recommendations

of the Commission regarding the benefits that shall be extended to the socially and

educationally backward classes, which comprehensively included various measures of

social justice and social equalisation, including'reservation in posts and vacancies under

the State and public sector undertakings as well as reservation in educational institutions

and, thereafter, came to the view that at the outset certain weightage has to be provided to

such classes in the services of the Union and its Public Undertakings;

And whereas, therefore, orders were passed in its O.M. No. 36012/31190-E stt. (SCT)

dated 13.8.1990 of the Ministry of Personnel, Public Grievances & Pensions (Department

of Personnel & Training) providing reservation of 27% in civil posts and services under

the Government of India for socially and educationally backward classes, and that the

SEBC would comprise in the first Phase, the castes and communities which are common

to both the State-wise lists prepared by the Commission and the State Governments' lists;

And whereas, pursuant to the aforesaid O.M. and considering the judgment of the

Supreme Court dated 15.11.1992 in its Mandal case (Indra Sawhney and Others vs.

Union of India and Others) which upheld the aforesaid O.M. and the principle of

commonality laid down in the aforesaid O.M. whereby the SEBC would comprise the

castes and communities which are common to both the State-wise lists in the Report of

the Mandal Commission and the State Governments' lists;

And whereas, it is clear from the Report and recommendations of the Mandal 40 Commission and from the O.M. referred to above that the identification and listing of

SEBC was for all purposes, of Articles including those under Articles 15(4) 16(4) of the

Constitution and purposes of all other social justice measures which emerge from the

Constitutional mandate of equality as well as the removal of inequality, including social

inequality; and that this was always the intention of the Government of India, and it was

only as an initial step ("at the outset"), in the situation and context then existing, that

rôservation under Article 16(4) Was taken up, and this should not be miscobstrued or

a

-2

{1PT l—1 If ImT iT T rPT :ammm- 7

• from time to time, referred to in the preceding paragraph, subject to the same conditions and restriction mentioned therein;

Now therefore, the Government of India in the Ministry of Human Resource Development hereby clarifies that reservations in admission to the educational institutions as elucidated in its earlier Resolution would continue to apply subject to a sub-quota of 4.5 per cent (four point five) for minorities, as defined in clause (c) of section 2 of the National Commission for Minorities Act, 1992 out of the 27 per cent. reservation for Other Backward Classes, in accordance with the Office Memoranda as modified by those Ministries referred to in the third paragraph from time to time, as applicable for the purposes of implementing reservation in admission to Central Educational Institutions as defined in the CEI Act, 2006.

For and On Behalf of the President of India

R. P. SISODIA, Jt. Scey. ANNEXURE-I

• MINISTRY OF HI.JMAN RESOURCE DEVELOPMENT (Department of Higher Education)

RESOLUTION New Delhi, the 20th April, 2008

F. No. F. 1-1/2005-U. 1 A1846.--Whereas, the Central Educational Institutions (Reservation in Admission) Act, 2006 (No. 5 of 2007) (hereinafter referred to as the 'CEI Act') provides for the reservation in admission of the students belonging to the Scheduled Castes (SC), the Scheduled 'l'rihes (Si') and the Other Backward Classes (OBC) of citizens to Central Educational Institutions established, maintained or aided by the Central Government;

And whereas, the CEI Act defines the "Other Backward Classes" as the class or classes

of citizens who are socially and educationally backward, and are so determined by the

Central Government;

• And whereas, the Government of India had, recognizing that in our society marked by

gross inequalities, early achievement of the objective of social.justice as enshrined in the

Constitution is a must, and established the Second Backward Classes Commission or the

Mandal Commission as a measure pursuant to this purpose;

And whereas, the terms of the reference of the said Mandal Commission included the

determination of the criteria for defining the socially and educationally backward classes

(SEBC) and recommendation of steps to be taken for the advancement of the socially and

educationally backward classes of citizens so identified and examination of the

desirability or otherwise of making provision for the reservation of appointments or posts

in favour..ofsuch backward classes of citizens which are not adequately represented in

public services and posts in connection with the affairs of the Unidn or bfS5' State, .......

['ml 1_ 1] 'ImI 1 F1U amr'itti . 9

misinterpreted to meaii that the Central Lists of SEBCs were intended for the purpose of

only Article 16(4);

And whercas, it is not the practice of the Government of India or the State•Governments,

nor is it practical to identify and list SEBC/OBC or any other category in need of social

justice for each purpose separately, and in the case of SC and ST also such has been the

principle and practice all along, and in the case of SEBC this is the position in respect of

P. State Lists as noted by the aforesaid Supreme Court judgment which specifically

mentions that the State lists of SEBC/OBC'were prepared both for the purposes of Article

16(4) as well as 15(4), and in the Indian social reality every genuine socially backward

class is also an educationally backward class and it has been pointed out by the Supreme

è Court in the aforesaid judgnient that in the Indian Context social backwardness leads to

educational backwardness;

And whereas, no public purpose is served by identifying and listing SEBC for each

purpose each time separately thereby losing time;

And whereas, the mention of the purpose of reservation in Government posts and

services in the Resolution of the Ministry of Welfare No. 12011 168/93-BCC (C) dated

10.9.1993 notifying the first Central list of SEBC/OBC was not intended to mean that the

identification and listing of SEBC/OBC was only for the purpose of Article 16(4) and

was in fact for all purposes including for the purposes of Article 16(4) as well as Article.

• . 15(4) of the Constitution of India as elucidated above and the same is the position with

the subsequent resolutions notifying Central list of SEBCIOBC issued from time to time,

both on the basis of common listing and on the basis of Advices of the National

Commission for Backward Classes (NCBC), and this is also the position in respect of the

definition of Lists in Section 2 (c) of the NCBC Act of 1993 (No. 27 of 1993);

. .........And whereas,., the . Central Government is satisfied that the Central Lists of the

SEBC/OBCs, was prepared with due care;

61/11-3

I

(.

F

10 THE GAZETTE OF INDIA EXTRAORDINARY I PART F--Srç. I}

And further whereas, the lists, of SEBCs/OBCs of different States referred to for

arriving at the Central (Common) Lists of SEBCs/OBCs were and are being used by

States for extending the benefit of reservation for employment as well as for other

measures of advancement such as, admission to educational institutions and scholarships

and so on;

And whereas, it is cleat from the above that the SEBC/OBC referred to in the CEF Act

have already been determined for each and every purpose currently in operation as well

as those that may be undertaken from time to time in flatiire, including for the purposes of

the CEI Act;

And whereas, the Central Lists of SEBCs/OBCs, as modified from time to time on the

advice of NCBC adequately reflect the various classes of population comprising the

SEBC/OBC for the purpose of public policy decisions as to their welfare by the Central

Government for the purposes of reservation of appointments or posts in favour of any

backward classes of citizens under clause (4) of Article 16 of the Constitution of India, as

well as for the purpose of advancement of socially and educationally backward classes as

provided under clause (4) of Article. 15 thereof in several States which have similar State

Lists as mentioned above, as provided under clause (4) of Article 15 thereof and have

already been and are being applied to various development schemes of the Central

Government including the grant of scholarships, hostel facilities, coaching for the

backward classes of citizens and more such developmental schemes will be taken up

from time to time as required;

Now therefore, the Government of India, by way of clarification, reconfirms that the

above mentioned Central Lists of SEBCs/OBs are and have always been for all

purposes including reservation in admission to educational institutions as elucidated

above, and hereby notifies and adopts the Central Lists of SEBCs/OBCs notified State-

wise from time to time by the Ministry of Welfare/Social Justice & Empowerment,

subject to such modifications as may be made therein from time to time by that Minitry, :

excluding, in .00miiance with the directions of the Supreme Court of India dated

9

[pT J 11 . Ii 3T4ThITtuT II

10.4.2008 in W.P (Civil) No. 265 and other related Writ Petitions, the Socially Advanced

Persons/sections (commonly referred to as the"creamy layer") in accordance with O.M.

No. 36012/22/93-Estt.[SCT], dated 8.9.1993 of the Ministry of Personnel, Public

Grievances & Pensions (Department of Personnel & Training) as amended by O.M. No.

36033/3/2004 - Estt. (Res) dated 9 March, 2004 and as may be modified by that

Ministry from time to time, as applicable for the purposes of implementing reservation in

admission to Central Educational Institutions as defined in the CEI Act 2006.

p

For and On Behalf of the President of India,

SLINI!, KLJN4AR. it. Sccy.

LJ

I

Printed by the Manager. Government of India l'ress, Ring Road, Mavapuri. New Delhi-I 10061 and Published by the Controller or Publications. Delhi- 110054.

G31j ca6uc

2011 Q2 2-Do (1t)(5i1 MIPJ Oil ei1øLnJaD(bQ1 2066-6ei aaa3 ai1nD@peru

non6t3o (c ummm1ma cruooJ(6Gmo) mcç (2007-6Pi 5-00 cnoiic8

ocmm1ei (m,WlcthD(dl&, ni000 J(ff1j1(08 nS6ti1311&e6)Cfl). 2011 GS 30-Do

w)llcohlG)eJ (gD(M) cmcru3wDwsm wcruç XI-Do @D(flo, 1-30 flJcthn, 1-00 flJD2Jo, 1-00

omiø01 1 5 06131G8 Q& LnJCO1aD1aW11ø(fl).

D w1&o&a. nimiDn9J; 0w1aDøith nJ30613O ((StthLCT3 rn1'X1ø6m30) (mc?, 1973-61 2-Do flJcOnj (a) 6)J6mJ)o (ToO)CT0Ø1 roøcca'tm1x øDn9lLSnJ(Thfl W1a3S11r2LnJcth3ø0

- 6fl36X1) [nJC U1flU1c&O11fl (tSS aJ% çl6)c om1ei

- (W1thD&th 6)nJd(5).

oil. o,. 90(T.ila3,

,goøco) av(8&0076)1 6,C1)&thO7.

2

• This edition of the Central Educational Institutions (Reservation in Admission) Act, 2006 (Act No. 5 of 2007) as on 2nd May, 2011 contains the authoritative text of that Act in Malayalam which was published in the Gazette of India Extraordinary Part XI, Section 1, Vol. 1, No. I dated

30th May, 2011 on pages ito 5.

- This authorised translation was published under the authority of the President of India under clause (a) of Section 2 of the Authoritative Texts (Central Laws) Act, 1973 and on such publication it became the authoritative text of that Act in Maiayalam.

V. K. BHASIN,

Secretary to the Government of India.

2006-eel CcthLCl3 C1fl(33(3(TU (TUE)3n10)6?fl3(1S

(icn 1 n CU)oflJCbfl)o) cjaç

/ (2007-6)ai 5-00 mcnj8

000 sd)6)0

wadwdacd • •

r 1

mlJcn6m3o8 1

•

QJ1Bp(DCfl) cmconJcn6n316)eJ m)l9cth6)s • 2

(fl)oOJOGU)o

aJ'thi m)oW(Ofl1ø8 cmiceaç7 &nJDWaQoi) 3

n1pa,6s UT6TTh)Dn Dfl) QJ(B(B)Q) 3

,eisn(8 nic8ro 2007-6)eJ [nJCfliU(fl(5fO)18 Gt1pcth6)s 3

CTDoOJø6flo (GT(boS1c86)6fl)QCflD

i. n16m)Dam6T3u nJ3(3eJ6)Q 2CflJD6)cth 6)6m6W3fl15 • 4

B. nJlcth 4

3/2707/201 I/DTR

4 - -

. . .. -. ,. . . . . . ..-...- .' ,.-.- a

. . -,., -. . _i_ .. ...:.. t_.

- . .-

HS

I . . -. . -- .

Ca1a3 flh131313a1) (fl)flOnJC00fl93 (LaMMUOMMAMIM crucnJ(oGmo)

2006

(2001-0 5-30 maw8

CLC13 (TW3 &6) 3&O3 C58 mno-,J1(ow3D)a(m0 mleiml samo crunoxY1a)

6)nJsancco)D

clTbyTh aJlGi CtthLO30J1(3p90(fl) cTuoouml31aeJa4

oco)1a6)o(D16)eJ0 aWOLO@O(DI6)PJcfl)o

92 nJlQ3c8Ql(gO(I)c8QO(0l6)Qjcfl)o O&C5S6)CJ

oJln3(8cm01cth6)s LnJGQJUbMMMIMgOO 01)006fl)

(mU)1(n0 flQiOhXD1 6flJUfl6)r4C(0)0

aflb(U)105 (3O1oU)1ô3Co (1tQ)

cw6ii1 QI<I,C)JCIUL

I30(0) 01rj6QJlcO6)16)0 (Tb(fli(UWflcflVWDo cmomim1c8 O6)3C ()O6)W nJOttflo

Ln.JOøo m1cn)oo

øa6)Cn](.—D m,105 aain ni1spsocro cmoonjmmu3 (LcummTø1m

ffUoQi(0GlDo) 2006 na)CT15 anj(5 oincooil(mmom -6).

0aJm6ffl3U8.— r09ç1* ffoca80 Zq2ORWMMIMS cuJsomTomJea1o,-

(a) "ajronnmm aGeJo" r0cm 0 mg 63c0 CcO,103 QJ1 B.SOSDCrO cnJD3nJmwTo)1oeJ 46)(o)a1eJojomobo6)n)16)ejco)) a O6) 1n1€,ejccno (ThDOCIJ(D(UIm1c2C93 c6fliDwcNm1Cm3

[OnJ2OD) 63W &,JG1T(8 8n91(UTh16)2J £32J)@OJ (?JTbLUQfl (m (0)16)1 63Ø @OO)o nQ)Cm)D

(w) "orn3nqi1a,ocw1 mbcn2oJa1 a6) 6)rj mo1Jo6njeio" 14)CT1)O(8 6ø aLO3

nJ1s0(9001) cnno,jm m1ceiae nJ1c3o Da1&,6)s Ln1QQJUm)1CflQJ6m1 J1m mow1aoøcrunomcmmoc8 LnJ3Wlc3(Oo mE8o36)j5 6oeøo nJocrnroown)16)eJccn)o

r,nod)@m8Rldl6)ejauD unauoicncmuflcmo C6flflwc1xTaflwT)o cgaScn)16)eiacn)o tJoo

anumIdleeicuDotiR 6)s c6po n)CfDOQ3OCTfl;

(cn) "aJ1 (unwlaoømjoomo" na)CIDO(58 06m1cn4cn)191 LWD( (11) cO,2thIrM(TS,

GnJO(S ayD6flnt1a38 63oad w1a6)u8 a'ncw1aS 63oac5 cicu, mu8 To3cw S aD6nMn)1c8 eaooS @Sd9MlceQO8 2&6)nBQ cmbGxp1cu8 a1eio CaLCT3 flJ1fl3@O(fl)

ctunonimaBm1c8 n)co, nJ1r3oocmmm)16x m1eicuo(b63T36)s m1(6cv)clm1acna

- nonJcncmo)lacnø mie ml uw)eJlcRTn c2QJ6TN1 63(0 atm laa1wleio

• cnmor,Jlae6)r øcRtmleJo bwl&oømnDmcao mlaowaao n0)O33cthfffl;

('e') "ace3ici3 ni1a000t otnonimo" n)(TflOa3S-

• (I) 6301 caia cmeçlmoc2eJo tcmloSa1wlceJo mo ii jauo n43caOoWlth(0)

OtO6)6)rj5©()0 (JT)D) 6302 OCJOUDQJ;

001 nJoei 23116i 63 01 cm,1ep1cnow8 a ooJ1l1 ac3cm1(n) cniowom

(runonimo;

• (iii) 1956-6eJ )26W1Q04CrU1q1 cwoccn5 aw1ra3 •(1956-6ei 3) 3-Qo

nia1aLo,Tht1a8 ao8çj1 aeJOubOeJcDOQi1 ii Oni1 Q6hjlo ca,La3 'AQO&cS m1(110

Cfl)nDDfl)o CrW1a01 1 6hO 06r1 mleJml SlCO ) 6302 (TUOOnJ(T'

2

• (iv) CO,LCT3 atc8aooc&1S ml(m1 0 [,Dac)D oJt0Dc8M21DC'flD (fl)aflOo A.

mj1&&€neo cnlej ml mcmcco (1)-00 6umwmm1eio (Ii)-Do 6IJ6nWMIGPJO

nj(Dom(3uola@6)c,,jg 630 2 GDDJC)J20D 2 D) D (iii)-Do• 6)J6w(m)Th8 n0Dcuola6)rj5 630

DDnJmT )l 6)l 26ml9Dao Tonnleilcç aDt '2

(TUCDnJmo; •

(v) 1860-6eJ cmo'ej6t3nuB 0ln3c[SnwI (1860-6e1 21)-(5th1Wl(3 Cce[o3

c96)D0lCflD(8 MIDOnJUMMOU 6302 nJlnDfDcn) (flhDDnJfl)o; ntDcO(M1.

(&a) "aDDcO6)øSRl" nO)CmD(3 630 3cth(5T3 oJl(3 sDS 3 (Tt mlCDnJcfl(mmlG)C% aOD&6)OSQ1

(ai) "°'2°"° flJl(33(9DO1) (TtflDnJCflo" nQ)CfDD(8 06T1)041JSO)D)6)S 30-00 MMIGNBO

(1)-Do 6)J6U\.DLoJcØ)300 MjjMnJDM6M@OM3 C flOnJl W)1 0 mscom)l 002ff0 c0)2o nJO 6))C06i 6302 crqloDcaD a&,L03 cn)c8eeoolmDcEeJD (TbLnJcthOOo LnJ6)iDnJ1l52Q(g0)D 2004-.6)QJ

mDthlGmmS cthWZilnSlflS CoDA 6)6)0cm00191 n £6)n&161Tht5S Qk(pl n91O8Cfl (T,o'ç, •

(2005-eJ 2)-Qhth °W1W8 Cmni&91 QJIBjOf9Socru cnliJDaJcnDcal

1 CfllbDnJCflo

(aID) " nJ1CfDD6) QJl&0W06)3(3" r4)CYDD(8 CDnIDnJ0a]Do flJl(3D@D(b 2)D (D)1 0

ilanoaeDomolPia nJleDwcmmlaeJo - QJlDW BlCeJO 6)nJC5)2o ecm cmc3&eoolmoo8

(TbLnJD(oo m11&Q(D)23) 0CI21D(3 oQ3Dacrn2;

na)C11)O(d 60'QJS6)S 341-00 (ThmB(W)lO8cthlWlCS

flJlthTO)DnJCflo 6)aJ)6)rj5 nJS1cthO(D)l&QD(8 a D 3óCm2

(cow) "nJIaawDLcrnJc8C%o6)D6" n)(TDD08 61DJSO) U)26)S 342-00

CJ16T)OnJmo G)rj S (flUo)flJ(8ç9&6)D(3 n)fl(0)DZDcDa2Cfl)2;

(Gm)) "ng36)0)leJo Jomo061Jcn)16)eJ mTflD3nJmo aTDLCOJO 66T]JDWmo" n4)CDD(8 cm

D61J<\ Cfl)DW D0)2i6T3@D ) 6maleJc8 (cnsnt8 c(noç), m ocqyknY (cnio LWD8J9),

CWDS(8 6nJ10 2B T31Q2JcU6) (Pc0)l6)2Cfl) 630 2 nJomU006thfl)16)Pi cmbaupnimo (WMOWD

G6flJD(jXD0 n)CTD(&5)O0DcB1C1)1. - •

3. Ccth5r3 QJ1BDtD(fl) 0DDnim6fl316)eJ Cfl)l9cth2 6)S (fl)oflJO6mo. -63(0 2 aa,La3

oi1r3o(Dcm moo (mo)l6)eJ iaicoicsbmcoltnln5 C1U1 1&326)S (fl)00J06Th0J2 0 (Th0)1 6)C* OJ(61 W1 ID)2 0

(U)06)WjOifl)2(fl) o%mlcn)108 OJC)J(TU1J 6 6fl(U)D6fl5; mco:— -

6300(O0 niomc$bD61Ji16)eJ (Th6)e&08 O0C86X81(016)2J - OJD(3ci9ll cO,ø0(Q)l

(rom(36)6)J 5 cfl)o61J36nJei(mtnlaS8 (Dlfffl1 0 ni ml m 6mY (!D0)30(flo (YO 1 92U8

O(Zfl1c66)D(3&6)200J6fl31 m)oOJ0GrT)o TW)36TT5;

630000 nJ0mo006u)l6)ej (n6)çJ1o8 crO cø3pl)lG)eJ oJD(8rM1aDl

cUflm2nJG1aG6hM ffOoG)JDGflJ2J010)lCoS mlcm2o n3W0 Ub()30mo cm1qceu8

QWDL 6)0fli6fll (fl)oQJOGflo 6)aJQ()9T30)36fl5;

(III) 630003 nJomu01Jo1f16)eJc8D afl3c6Q(SQlfl6)2JC)3 flJD( nB1&7 0001

Uo 6ui 06m 2JCmZD1 CtSCfflCrD2o 0 2 )1CD) (JD(mQDmo m92 nilm,oe@

flJ1 @DWc66)0Bt6O2COJ6TE1 (TUoflJ(DGfl)o 6)&6TT)D6th. -

3

aJ1QJ Do 11cS (m!&ç GflJOW 6)(th.—'D 0&916)thJ 3-00 flJcthj16)ei

flJ nJ(Turk%08-

(a) nsns oDo ni1aS1c58 oo11 W)OLO)OAT &uanU0m18

anoJ1(u)thon) 63(01 CcthLCT3 Ct1BOc\OCP6 (TDflDnJ(fl(mU)105;

(s)J) LYD ncEp16n nJ11ø3 Qilol UD115S a1afli if ODoJffl6m3O366)o

WCOJn9I6TT) MmDnJm 6mu3 a@2 0 013Ub1Q)2QcQ)o

CTuLDnJcD6m3U8a6)o

4)CI1D(S, tLe,03 ifO(8&6)301(T, (I)QJUO6)ff3Cth th6m&6)Da6)m) nicBñio 63Dc833w1a

Wfl)91(8 QJ16fl)DnJffloOJW1 nJ51cO .t?BWafl1 6)oJ)3C1I2cfl)ø)36fl5;

(w) gp 'g1as8 ml nJaJ1&6nrjs cwa 63ø mnnJenj QJ1(303(fl)

CrUiDoni(T)tDlIi$lth;

(nnj) m&o, i1() tmow1aoøaoocnciJoa1 ajslwoaeja,fl4,

oi1m1go1e@00im o-0aDoce'9oc8 52io cma1eio njon,

u01aco acoce6x8p1cofl6)eJcn Q(Ø)Ø)J WTDn31W aø oVau1amo

CLoiO[WOaihXDO; •6mDWthQD&6)0JDO DS1(o)PJ.

mf1pce,es sO,Jaocn) niiSüm.—(i) ruato

,1eJo m1cm12Jo 3o niAnjThei - (iii)-oo 6u6nwcmm1eJo g)omwean

cms6n31c)1øcmDeIo GIDCØD ca03 flJt3A3@3(M (fl)flDnJCT)OJo (fl)2aJ1(U) nTowlaorurlocncolmlGi

o3ac3 nioc8,,ai1aoofi

fl)o6)J Tfl1mm1IDD)1, 1oo()1&G)0(O1ejo lCO)3L()cTh3(&QDø12Jlo zç

aOc66)QJ1f4OW&O3(O12Jo6)nJS2(fl) O&6)CflJ6fl1 tTDoQJ(06U)o 6)nJD)(0) m1çflab6)s n)Gjo

63 1916)cO, 630 Jomubo løpiccno aOO& lcn)16)eJ(8t)D (fl)1çfla6)S 46go, g2m cm!.aç

LaiD weicmuu1co8 cuicm c1ca(M1th 6) (M mcum ,oei(um1cI) pjgajoj wn

a0pa)26)s a uTo,6)Dua afleio OJØZO6 fl11c6)6Tt4W)06T15

(2) n36)co12io ccthLcB ni1apcocm mcoaimmm1c ml èmw,ui1o8ca8, aaim

nm3ao0, i1 cmu)1ce, o(D comn223on ajs1cn)Dc8eJoJ1 c6moaDs6)jscmnJa-a1o,

. mjom1a,®oo g la,a08c0o .nma cwmniøa3Dan)o cm!, ai& 1a6)s

cmo6)çJa1c5S flJ1n10(0m) mleiniocoo mle ml Tu)cmcmlcmo iiQ cmsJonJ(ncmzn16)c

nd36(0)lQJ2o Jo 06)Jcfl)16)QJCcfl)D aOO& 9l1fl)16)2Ja)D C)JD(r&1lc8133)l

Cfl)o6)J06flJ2Jo @2 t (me16)c a3mau oeJacTm06

&41cn)Dmim1sS5, MrD (mceç16)c LnJ3Wo@(OtThlmCUOno cmaDx 1) mcthoeJm1znl6i

BTøo@a(UThOG)S, niøaloOiwl MICrT5 M(armd)@OPJU@aj2@db3Gn njO6(ffllcq)mDml (flJOl6Q6hj

flDo6U\O6flJeJo nJ8oDlj1&QnJoa6 630anowla wcn)2103 nl6m)ocumonJw1, (Th6W36)DUD@

cnioorimcmmlth umø, cmorn (316)ooJ2cmco)o nilcm1 ocoo a amm&ec nnth131a@6J

TDo6D6flJeJOTC)16)C 3aD(Dd&6 ffl O()lc&Dl cnq aJlO1)O66) Qhl€3Wa6)0(866i 63CØO

2iDifD Cfl)1çflcth6)s 46flo (rJ1(U)l)l(8 m

ThaDmaDm&Qo 3-Do ai&j16i (iii)-oo 61J6thaucmm18 ilthoee w1owao8a€

JC\Jnn ac)LnJthDwo. (lDoflJøGfl) nJølwl nicols2m6TEm)o6Tr.

a,ei61n(8 aJ(8n310 2007-6)2J Laic OJ UO ma5rmlS cni1oa,26)s (fl)oOJ(OGTflo

(m,(oo9I&6)6m6)cfl).—'D cra,916)eJ 3TQO 4-Qo 5-Qo 6S MSOMunaudca@ LnJ@D(10

m8cmø105 e,ejgrg flJ(Brtho 2007-2Jo M(Mg 02MM81a@20 o91aecm c13mcm161 mbaIm

aocee@ lniCfliuDmCmzfllth 1as cmoaiø6m UD\(5IZDlrn cmjajuoQo nO

MMUOS msais1a,0 1thL(T3 aJ1t3D(O(T\) (TUflDnJ(T)61113U8 n4)saeGmctho6n5.

3/2707/2011/DIP.

4

7. flJ16TO)OniO93T3U3 nJo 6)aJ(i 2WflJOGhO oJeesm6)zcn%.—n Gfl!&91U5cth1P1(8

6n0a96)CJ n36Mb)OW Q 16TO)OnJfflflJ2o, (t 6TThO&6)1 1Q)cUDaqio, O,(mLCO)CoiWCfflD1(8,

oacç (m 2møT0112J1th1€e6)Ja(flJOU, (3Th(16X 633CØO 6)so MJCWOQa, eø

aav@aMoTGflPJO s3toD) øaro (Jnc)1ew1&,c2o cruc am6m31ceio cma1

2rP nm a6)oeJccutmas C&Q6IBo, mlaanjoa= ffueQ2@mmmlGmo SO1)

(mam6suSa&63 os(mo) nicbcm nx2nmo cm om10 1mam ømnao

cm oil onimøinl8 ag)6Thal2io ølnicsno omm18 ol&&,ccn)o (uTb 6lelcuB

a3T oil€m)oJmo Q6flO6Qø mmlø3 col&@ o @cmoial*

nJ16m)onJo(mmlu, IbCMZ) OtoCD)lCnJO6@i, 00636) 01 @B6)JS0TZD1in) (blnJ(01ZD1 (o8 )OL0)o

LnJ@OOJo ocn)l0e6)accxDo (m6)alo8 LnJ@OflJo JOafllO6)%EEWO (TDco Wthl(ml;

nmoa$8, =6m6)maDl@@ nowmalpilo (q@n6)rjscoTma2io LnJlOOJUb1(D0Oc 6QCPJO, (GT

nmoloB&,1W1DS IJ(flJ JL5J g)cTu16x6xn)&eJo (mOWI(mdce6 igocno OJ000T5)

oj1wflJOl016)(T1)W)O6th.

nJ51

[4 (ii) nia aO6m&]

oi7ma1JQ3 mwanJrn6B3J6)s CnJØJLth* 2J?QiOWi

1 caflO2il (Oco moomena CT8m3P1R1, o6)6)6mo l6)c O6fl(T1591pflJ

co(o (mbcpaffilc o1cr08 6X1U((8, kSOoC6flJ;

@2mlmo (DOGW1 acm16 8aiDO(8 aincpoafla olot&, &SnJO&@o;

(lii) 0OO 0036 6X1DO(3 cMOO(3 UJOO&flTh 6)S&Cff101,

QOO(a nO(fl)3O okruc84 woawlmwc8;

Cflil(thn4)(Dl 06Xfl)&,CO(2LS06n3 6xm(3, 6)aOOS&9tm;

ffUOafl @2dcr6qIqjjg 630n4 me1S anlm.flcom, e,008a€xtu;

aZ1p 63On6 aOlfltl&t, @1oiCCDUbJ(B; .

(Viij) WOWRIPSIg 633rd6 2)O(mtDa)Opl&6)0S rookn3, 6mJ66Xm;

nfl0ln-aJL03 olmxS meian6nior;

popomcozoolacoS 6xmc(8, 06)6)fflJ;

2 909 a&mplpl 630n.O nora 019M8 aom;

3 amo rDm5cp6fl8 mloo cnocnnl o116mc3 o nJglp On na,Zam$

(UI!,a e2lCWla6)OS (mK&n3, nqi1c0005;

4 mona16mc8 6)L6flVfl)lC! O1OOC8 6XTO((5, omnt, W(SWOCOJO6fl;

5 sawniAejwd 6)nan0 6)mxt6 cmnoc8 u)aa8cmcw (rucn)1clrirjlce O1(flX8,

BOoW(B;

6 an190ceQ0 olm8 2J66WO001, GilnncZ2B06mO(;

7 cn5cnim5 adlauldgcn3 eini000l, 1ooimaomJloo;

8 o3cwa8 g?awqlpsll 630n45 olo 6)mxT3ff010.6, 6xu)oocu)sr13.

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION) ACT; 2006

(ACT No. 5 OF 2007)

C4CI3 W1fl3l%)(T1) Cfllc3nJCfl6øflu8

(cc1n1 (fl)oC)J(OGII)o) maç, 2006

(2007-eJ 5-Do CT)CflJCS

GLOSSARY

acadent session naumcaDeJo S. 2 (a) and various sections of the Act.

instruction e6nJowmo S. 2 (b) and various sections of the Act.

programme for teaching

S. 2 (b) and various sections of the Act.

set up ninonJ1aee S. 2 (d) (ii)

-O -c

-c

S

Bill N26-PO12bO6T

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION) JLEi2006

(As PASSED BY THE HOUSES OF PAaI&ec).

to provide for the reservation in admission of the students belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens, to certain Central Educational Institutions established) maintained or aided by the Central

- GovernmeTht, and formatters connected therewith or.incidental thereto.

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:-

This Act may be called the Central Educational Institutions (Reservation in Short title.

Admission) Act, 2006. - -

In this Act, unless the context otherwise requires,— Definitions.

(a) "academic session" means the period in a calendar year, or a part thereof, during which a Central Educational Institution is open for teaching or instruction in any branch of study or faculty; -

/

(b) "annual permitted strength" means the number of seats, in a course or programme for teaching or instruction in ea'ch branch of study or faculty authorised by an appropriate authority for admission of students to a Central Educational

Institution;

(c) "appropriate authority" means the University Grants Commission, the Bar Council of India, the Medical Council of India, the All India Council for Technical

' Education or any other authority or body establishedby or under a Central Act for the determination, coordination or maintenance of the standards of higher education in any Central Educational Institution; '

(d) "Central Educational Institution" means-

- (1) a university established or incorporated by or under a Central Act;

an institution of national importance set up by an Act of Parliament;

an institution, declared as a deemed University under section 3 of the University Grants Commission Act, 1956, and maintained by or receiving 3 of 1956.

aid from the Central Government;

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);

an educational institution set up by the Central Govermnent under the

Societies Registration Act, 1860; 21 of 1860.

(e) "faculty" means the faculty of a Central Educational Institution;

(t) "Minority Educational Institution" means an institution established and administered by théminorities under clause (1) of article 30 of the Constitution and so declared by an Act of Parliament or by the Central Government or declared as a Minority Educational Institution under theNational Commission for Minority ,

Educational Institutions Act, 2004; 2 of 2005.

(g) "Other Backward Classes" means the class or classes of citizens who are socially and educationally backward, and are so detennined by the Central

Government;

(Ii) "Scheduled Castes" means the Scheduled Castes notified under article 341

of the Constitution;

(/) "Scheduled Tribes" means the Scheduled Tribes notified under article 342

of the Constitution;

(/) "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

Reservalion of 3. The reservation of seats in admission and its extent in a Central Educational seats in central Institution shall be provided in the following manner, namely:- Educational I .

Institutions. - (z) out of the annual permitted strength in each branch of study or faculty, fifteen

- per cent. seats shall be reserved for the Scheduled Castes;

I

N

out of the annual periiitted strength in each branch of study or faculty, seven and oneLhalf per cent. seats shall be reserved for the Scheduled Tribes;

out of the annual permitted, strength in each branch of study or faculty, twenty-seven per cent. seats shall be reserved for the Other Backward Classes.

4. The provisions of section 3 of this Act shall not apply to— ' Act not to

a Central Educational Institution established in the tribal areas referred to Z i n certain

in the Sixth Schedule to the, Constitution;

the institutions of excellence, research institutions, institutions of tiational and strategic importance specified in the Schedule to this Act:

Provided that the Central Government may, as and when considered necessary, ••,

by notification in the Official Gazette, amend the Schedule;

a Minority Educational Institution as defined in this Act;

• (ci) a course or programme at high levels of specialisation, including at the

I - post-doctoral level, within any branch of study or faculty, which the Central Gdvernment may, in consultation with the appropriate authority, specify.

5. (1) Notithstanding anything contained in clause (iii) of section 3 and many Mandatory

other law for the time being in forte, every Central Educational Jntitution shall, with the increase of seats.

prior approval of the appropriate authority, increase the number of seats in a branch of study or faculty over and above its annual permitted strength so that the number of seats, excluding those reserved for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, is not less than the number of such seats available

:

for the academic session immediately preceding the date of the coming into force of this

Act

(2) Where, on a representatioiib' any Central Educational Institution, the Central Government, in consult$ion with the appropriate authority, is satisfied that for reasons of financial, physical or academic limitations or in order to maintain the standards of education, the annual permitted strength in any branch of study or faculty of such institution cannot be increased for the academic sessioti following the commencement of this Act, it may permit by notification in the Official, Gazette, such institution to increase the annual permitted strength over a maximum period

• of three years beginning with the academic session following,the commencement of this Act; and then, the extent of reservation for the Other Backward Classes as

provided in clause (iii) of section 3 shall be limited for that academic session in 1 ,

such manner that the number of seats available to-the Other Backward Classes for

H each academic session are commensurate with the increase in thepermitted strength

for each year.

/ 6. The 'Central Educational Institutions shall take all necessary steps, which are Reservation of

1 3 required in giving effect to the provisions of sections 3,4 and 5 ofthisAct, for the purposes

. . . . . . . .

admissions to sessions commencmg on and from the of reservation of seats in admissions to its academic

calendar year, 2007. . calendar year, 2007.

7 Every notification made under this Act shall be laid, as soon as may be after it is Laying of

made, before each House of Parliament while it is in session, for a total period of thirty notificationsbefore

days which may be comprised in one session or in two or more successive sessions, and if,

& iamen

before theexiry of the session immediately following the session or the successive sessions

H aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything

previously done under that notification. -

- r

THE SCHEDULE - [See section 4(b)]

S. No. Names of the Institutions of Excellence, etc.

1. Homi Bhabha National Institute, Mumbai and its constituent units, namely:-

Bhabha Atomic Research Centre, Trombay;

Indira Gandhi Centre for Atomic Research, Kalpakkam;

Raja Ramanna Centre for Advanced Technology, Indore;

Institute for Plasma Research, Gandhinagar;

Variable Eflergy Cyclotron Centre, Kolkata;

- (vi) Saha Institute of Nuclear Physics, Kolkata;

Institute of Physics, Bhubaneshwar;

Institute of Mathematical Sciences, Chennai;

Ilarish-Chandra Research Institute, Allahabad;

Tata Memorial Centre, Mumbai.

2. Tata Institute of Fundamental Research, Mumbai.

3. North-Eastern Indira Gandhi Regional Institute of Health and Medical Science, Shillong.

4. National Brain Research Centre, Manesar, Gurgaon.

5. Jawaharlal Nehru Centre for Advanced Scientific Research, Bangalore.

6 Physical Research Laboratory, Ahmedabad.

7. Space Physics Laboratory, Thiruvananthapuram.

S. Indian Institute of RemoterSensing,Dehradun.

4

/1 1 H

I A

BILL

to provide for the reservaticn iiiadrnission of the students belonginglo the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes of citizens, to certain

Central Educational Institutions established, maintained or aided by the Central Government, and for matters connected therewith or incidental thereto

- C

(As passed by the Houses of Pan lament)

MGIPMRND-31R8(S-3)---5-1-2007.

1w.. H