CEIRA Act: Sapling of Bitter Fruits of Caste Based Reservations: Part 3

Section 2

Bare Act Provision and respective Explanation

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

Academic Session

(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;

Explanation

Under Section 2(a), an academic session is simply the timeframe during a year when a college or university is actually holding classes or providing instruction. This includes the full year or just specific parts of it. The phrase or a part thereof is quite vague. It does not specify whether a session refers to a single semester, a trimester, or a short-term certificate course. This may allow institutions to potentially manipulate the timing of when reservation quotas are applied, leading to inconsistency across different central universities. Although the Act specifically mentions the time of admission is the time for applicability of the said Act, the definition does not even mention, whether the admission in first year or first semester.

Annual Permitted Strength

(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 students to a Central Educational Institution;

Explanation:

Annual Permitted Strength is defined as the number of seats in a course or faculty authorized by an appropriate authority for admission of students to a Central Educational Institution. This definition is crucial because it serves as the base figure for calculating the reservation percentages prescribed under Section 3. [4]

In this significant follow-up to the reservation debates, the Supreme Court clarified how this strength must be calculated. The Court ruled that the 27% reservation for OBCs must be based on the actual number of seats available in the permitted strength, and that the cut-off marks for OBC candidates should not be more than 10% below the marks of the last general category candidate admitted. [6]

The term authorized by an appropriate authority is a major point of ambiguity. Different branches of study (medicine, engineering, law) have different oversight bodies with varying rules for increasing seats. This creates a fragmented system where the permitted strength might be expanded rapidly in one faculty but remain stagnant in another, leading to inconsistent application of the Act across the same university. As a country we are still not having proper unified framework to impart quality education to our future generations.

Appropriate Authority

(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 established by or under a Central Act for the determination, coordination or maintenance of the standards of higher education in any Central Educational Institution;

Explanation:

Section 2(c) identifies the “appropriate authority”, i.e. the gatekeepers who set the rules and seat counts for specific fields. There are different authorities for this purpose. UGC is for general degrees, BCI is for law degrees, National Medical Council (previously Medical Council of India) for medical professionals, AICTE for engineering and technology. We are having different authorities for different fields, still our standard of education is not fulfilling international norms. This system shall be unified under one central umbrella.

The courts have emphasized that the “appropriate authority” holds the final word on the “maintenance of standards.” [7] The phrase or any other authority or body established by or under a Central Act is a catch-all that creates a “regulatory maze.” Since different bodies have different criteria for what constitutes “standards of higher education,” a student in a law faculty (under the Bar Council) might face different admission rigor or seat availability than a student in an engineering faculty (under AICTE), despite both being in the same Central University.

Central Education 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 Grants Commission Act, 1956 (3 of 1956), and maintained by or receiving aid from the Central Government;

(iv) 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);

(v) an educational institution set up by the Central Government under the Societies Registration Act, 1860(21 of 1860);

Explanation:

By virtue of definition of the “Central Educational Institutions” under clause (d) of Section 2 of the Act, all institutions maintained by or receiving aid from the Central Government whether directly or indirectly, and affiliated to any university or deemed university or institution of national importance, in addition to universities which are established or incorporated under a Central Act, institutions of national importance set up by Acts of Parliament, deemed universities maintained or receiving aid from Central Government and institutions set up by the Central Government with the Societies Registration Act, 1960, are brought under the purview of reservation under Section 3 of the Act. The object of the Act is to introduce in reservation in only such institutions which are defined as “Central Educational Institutions” and not any other private unaided institutions. [2] Thus they are institutions established or incorporated by or under the Central Act or set up by an Act of Parliament or deemed Universities maintained by or receiving aid from the Central Government or institutions maintained by or receiving aid from the Central Government or educational institutions set up by the Central Government under the Societies Registration Act, 1860.

It provides for reservation in admission of students belonging to the Scheduled Castes, the Scheduled Tribes, and the Other Backward Classes of citizens in certain Central Educational Institutions established, maintained, or aided by the Central Government, and for matters connected therewith or incidental thereto. [6]

Faculty

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

Explanation

Section 2(e) defines “faculty” in a strictly organizational sense. In the context of this Act, it refers to a specific division or department of a Central Educational Institution, such as the Faculty of Law, Faculty of Arts, or Faculty of Science.

For application of CEIRA Act, this means that reservations are often calculated at the level of the “faculty” or “branch of study” rather than the university as a whole. This ensures that a specific percentage of seats is available in every specialized field, not just clustered in easier-to-expand departments. [8]

The validity of using “faculty” as the base unit was scrutinized to ensure it doesn’t lead to 100% reservation in single-post or very small cadres. The courts have generally held that if applying the Act to a specific “faculty” results in the total exclusion of the general category for a particular session, it violates Article 16(1) and Article 15(1). The definition in 2(e) is too brief to prevent this, relying instead on judicial oversight to fix imbalances.

Minority Educational Institution

(f) “Minority Educational Institution” means an institution established and administered by the minorities 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 the National Commission for Minority Educational Institutions Act, 2004 (2 of 2005);

Explanation

Section 2(f) defines “Minority Educational Institution” (MEI) as any institution created and managed by a religious or linguistic minority group. This definition is crucial because the Act exempts these institutions from the 27% OBC reservation mandate.

In the landmark Five-Judge Bench decision, the Supreme Court ruled that Article 15(5) of the Constitution, which allows for reservations in private and public educational institutions, does not apply to Minority Educational Institutions. The Court held that forcing reservations upon them would destroy their “minority character” protected under Article 30(1). This judgment solidified the exemption mentioned in Section 4 of this Act. [9]

References

[1] “Central Educational Institutions (Reservation in Admission) Act, 2006”, Ministry of Human Resource Development, Dt. 9.1.2007, available at: https://www.pib.gov.in/newsite/erelcontent.aspx?relid=23895&reg=3&lang=2, Last visited on 20.2.2026
[2] Ashoka Kumar Thakur vs Union Of India And Ors [(2007) 2 SCT 655]
[3] Tandan Kumar & Ors. vs Universityof Delhi & Anr., Delhi High Court W.P.(C) 5329/2008
[4] Kshetrimayum Maheshkumar Singh vs The Manipur University [(2022) 2 SCC 704]
[5] Pichhda Jan Kalyan Samiti,Baba. Bhimrao Ambedkar Univ.& Ors. Vs. Union Of India,Thru.The Secy.,Ministry Of H.R.D. & Ors., Allahabad High Court, MISC. BENCH No. – 9643 of 2016
[6] P. V. Indiresan vs Union Of India & Ors [2011 AIR SCW 4855]
[7] State of Tamilnadu & Anr. Vs. Adhiyaman Educational & Research Institute & Ors., [(1995) 4 SCC 104 : JT 1995 (3) SC 136]
[8] Ritesh R. Sah v. Dr. Y.L.Yamul and Others, [(1996) 3 SCC 253]
[9] Pramati Educational & Cultural Trust vs Union Of India & Ors, [AIR 2014 SUPREME COURT 2114]
[10] The State Of Punjab vs Davinder Singh, Supreme Court of India [2024 INSC 562]
[11] Chebrolu Leela Prasad Rao v. State of Andhra Pradesh [AIRONLINE 2020 SC 488]
[12] Faculty Association of AIIMS v. Union of India [AIR 2017 SUPREME COURT 1590]
[13] Atlas Cycle Industries Ltd. And Ors vs State Of Haryana [1979 SCC(CRI) 422]