The Central Educational Institutions (Reservation in Admission) Act, 2006

This Act may be called the Central Educational Institutions (Reservation inAdmission) Act, 2006.

In this Act, unless the context otherwise requires,-- (a) "academic session" means the period in a calendar year, or a part thereof, during which aCentral 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 teachingor instruction in each branch of study or faculty authorised by an appropriate authority for admissionof 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 orbody established by or under a Central Act for the determination, coordination or maintenance of thestandards of higher education in any Central Educational Institution; (d) "Central Educational Institution" means-- (i) a university established or incorporated by or under a Central Act; (ii) an institution of national importance set up by an Act of Parliament; (iii) an institution, declared as a deemed University under section 3 of the University GrantsCommission Act, 1956 (3 of 1956), and maintained by or receiving aid from the CentralGovernment; (iv) an institution maintained by or receiving aid from the Central Government, whetherdirectly or indirectly, and affiliated to an institution referred to in clause (i) or clause (ii), or aconstituent unit of an institution referred to in clause (iii); (v) an educational institution set up by the Central Government under the SocietiesRegistration Act, 1860(21 of 1860); (e) "faculty" means the faculty of a Central Educational Institution; (f) "Minority Educational Institution" means an institution established and administered by theminorities under clause (1) of article 30 of the Constitution and so declared by an Act of Parliamentor by the Central Government or declared as a Minority Educational Institution under the NationalCommission for Minority Educational Institutions Act, 2004 (2 of 2005); (g)"Other Backward Classes" means the class or classes of citizens who are socially andeducationally backward, and are so determined by the Central Government; (h) "Scheduled Castes" means the Scheduled Castes notified under article 341 of theConstitution; (i) "Scheduled Tribes" means the Scheduled Tribes notified under article 342 of the Constitution; 1[(ia) "specified north-eastern region" means the area comprising of the States of ArunachalPradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and the tribal areas of Assamreferred to in the Sixth Schedule to the Constitution; (ib) "State seats", in relation to a Central Educational Institution, means such seats, if any, out ofthe annual permitted strength in each branch of study or faculty as are earmarked to be filled fromamongst the eligible students of the State in which such institution is situated;] (j) "teaching or instruction in any branch of study" means teaching or instruction in a branch ofstudy leading to three principal levels of qualifications at bachelor (undergraduate) masters(postgraduate) and doctoral levels .

The reservation of seats in admissionand its extent in a Central Educational Institution shall be provided in the following manner, namely:-- (i) out of the annual permitted strength in each branch of study or faculty, fifteen per cent. seatsshall be reserved for the Scheduled Castes; (ii) out of the annual permitted strength in each branch of study or faculty, seven and one-half percent. 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 reserved for the Other Backward Classes: 1[Provided that the State seats, if any, in a Central Educational Institution situated in the tribal areasreferred to in the Sixth Schedule to the Constitution shall be governed by such reservation policy for theScheduled Castes, the Scheduled Tribes and the Other Backward Classes, as may be specified, bynotification 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 seatsreserved for the Scheduled Castes exceed the percentage specified under clause (i) or the seats reservedfor the Scheduled Tribes exceed the percentage specified under clause (ii) or the seats reserved for theScheduled Castes and the Scheduled Tribes taken together exceed the sum of percentages specified underclauses (i) and (ii), but such seats are-- (a)less than fifty per cent. of the annual permitted strength on the date immediately precedingthe date of commencement of this Act, the total percentage of the seats required to be reserved forthe Other Backward Classes under clause (iii) shall be restricted to the extent such sum ofpercentages specified under clauses (i) and (ii) falls short of fifty percent.of the annual permittedstrength; (b) more than fifty per cent. of the annual permitted strength on the date of immediatelypreceding the date of commencement of this Act, in that case no seats shall be reserved for the OtherBackward Classes under clause (iii) but the extent of the reservation of seats for the ScheduledCastes and the Scheduled Tribes shall not be reduced in respect of Central Educational Institutions inthe specified north-eastern region.].

The provisions of section 3 of this Act shall not apply to-- 1* * * * * (b) the institutions of excellence, research institutions, institutions of national and strategicimportance specified in the Schedule to this Act: Provided that the Central Government may, as and when considered necessary, by notification inthe Official Gazette, amend the Schedule; (c) a Minority Educational Institution as defined in this Act; (d) a course or programme at high levels of specialisation, including at the post-doctoral level,within any branch of study or faculty, which the Central Government may, in consultation with theappropriate authority, specify.

(1) Notwithstanding anything contained in clause (iii) of section 3and in any other law for the time being in force, every Central Educational Institution shall, with the priorapproval of the appropriate authority, increase the number of seats in a branch of study or faculty overand above its annual permitted strength so that the number of seats, excluding those reserved for thepersons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, is notless than the 1[number of such seats available or actually filled, whichever be less,] for the academicsession 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, inconsultation with the appropriate authority, is satisfied that for reasons of financial, physical or academiclimitations or in order to maintain the standards of education, the annual permitted strength in any branchof study or faculty of such institution cannot be increased for the academic session following thecommencement of this Act, it may permit by notification in the Official Gazette, such institution toincrease the annual permitted strength over a maximum period of 2[six years] beginning with theacademic session following the commencement of this Act; and then, the extent of reservation for theOther Backward Classes as provided in clause (iii) of section 3 shall be limited for that academic sessionin such manner that the number of seats available to the Other Backward Classes for each academicsession are commensurate with the increase in the permitted strength for each year.