Section 5 of The Central Educational Institutions (Reservation in Admission) Act, 2006
Mandatory increase of seats.
- (1)Notwithstanding anything contained in clause (iii) of section 3 and in any other law for the time being in force, every Central Educational Institution shall, with the 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 1 [number of such seats available or actually filled, whichever be less,] 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 in any branch of study or faculty of such institution cannot be increased for 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 strength over a maximum period of 2 [six 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 such manner that the number of seats available to the Other Backward Classes for each academic session are commensurate with the increase in the permitted strength for each year.
Summary
- It requires central educational institutions to increase their total seats so that the number of unreserved seats does not decrease when reservations are implemented.
- The number of unreserved seats must not fall below the number of such seats available or actually filled (whichever is less) in the academic session right before the Act took effect.
- The institution must obtain prior approval from the appropriate authority before increasing seats.
- If an institution has financial, physical, or academic limitations, the Central Government can permit it to spread the seat increase over a maximum period of six years.
- During this transition period, the percentage of seats reserved for Other Backward Classes will be limited to match the gradual increase in seats each year.
Practical examples
FAQ
1. Why must colleges increase their total seats under Section 5?
They must increase total seats so that the number of general (unreserved) seats does not drop below what was available or filled in the year before the Act came into force.
2. Who must approve the seat increase before it can happen?
The institution must get prior approval from the appropriate authority.
3. What is the maximum period allowed for a college to complete this seat increase if they have physical or financial limits?
The maximum period is six years, beginning with the academic session following the commencement of the Act.
4. How are OBC reservations managed during the gradual six-year increase period?
The reservation is limited so that the seats available to the Other Backward Classes are commensurate with (match) the seat increase made each year.
Test yourself
1.When increasing seats, what must the number of unreserved seats NOT be less than?
2.Who has the authority to grant prior approval for the mandatory increase of seats?
3.What is the maximum transition period the Central Government can grant an institution to increase its seats under Section 5?
4.What reasons can an institution give to request a gradual increase of seats over a maximum of six years?
5.How is the reservation for Other Backward Classes adjusted during a gradual seat increase?