Plea to ensure central educational institutions follow guidelines in recruitment, Delhi HC seeks response from Centre, others

New Delhi [India], Aug 25 : The Delhi High Court has sought a response from the Central government and others on a petition seeking directions to ensure that all central educational institutions, including AIIMS Raebareli, provide reservations in direct recruitment in accordance with the proscribed guidelines.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan asked the Ministry of Personnel, Public Grievances and Pensions, Ministry of Human Resource Development and AIIMS to reply on the plea and listed the matter for further hearing in September.
The petition, filed by Samvidhan Bachao Trust through advocate Kshitij Mudgal, sought directions to ensure that direct recruitment are in accordance with the Ministry of Personnel, Public Grievances and Pensions' office memorandum dated January 31, 2019, and Ministry of Human Resource Development's notification dated July 12, 2019.
The plea sought to ensure that the recruitment to 158 vacant posts in AIIMS Raebareli is completed in accordance with the memorandums and notifications and as a consequence to the above directions, the petitioners are also prayed that the advertisement dated March 2, 2020, issued by AIIMS Raebareli be amended accordingly.
"An advertisement was issued on March 2 by AIIMS Raebareli notifying 158 posts of Professors, Additional Professors, Associate Professors and Assistant Professors with 121 posts earmarked for Unreserved Category, 8 posts reserved for Scheduled Castes (SC), two posts reserved for Scheduled Tribes(ST) and 27 posts reserved for Other Backward Classes (OBC)," the plea said.
The trust submitted that the advertisement issued by AIIMS Raebareli stated that the reservation policy shall be as per the Government of India guidelines.
But the AIIMS Raebareli's advertisement dated March 2, ignored the office memorandum and notifications issued by the ministry which has thus resulted in inadequate representation of the backward classes, it submitted.
"On January 31 2019, the Ministry of Personnel, Public Grievances and
Pensions issued an Office Memorandum, inter alia providing 10 per cent reservation to Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India and stated that the above Office Memorandumalso provided for model roster system for reservation of SC, ST, OBC and other reserved categories to be followed while making direct recruitment on all India basis, through open competition or otherwise," the plea said.
"The Ministry of Human Resource Development issued the notification dated July 12, 2019, thereby specifying that there shall be reservation of posts in direct recruitment in a Central Educational Institution as follows -- fifteen per cent for SC, seven and one-half per cent for ST, twenty-seven per cent for socially and educationally backward classes and ten per cent for economically weaker sections," it added.
The plea submitted that as per the notification issued by HRD Ministry, in case of 158 vacant posts at AIIMS Raebareli, 23 posts ought to be reserved for SC, 11 posts ought to be reserved for ST, 42 posts ought to be reserved for OBC and 16 posts ought to be reserved for EWS.