The UTTAR PRADESH ADMISSION TO EDUCATIONAL INSTITUTIONS ACT, 2006

THE UTTAR PRADESH ADMISSION TO EDUCATIONALINSTITUTIONS 
(RESERVATION FOR SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER 
BACKW ARD CLASSES) ACT, 2006 
ARRANGEM ENT OF SECTIONS 
SECTIONS 
1. Short title and commencement . 
. Applicability. 
. Definitions. 
. Reservation in favour of Scheduled castes, Scheduled tribes and other 
backward classes . 
. Responsibility and powers for compliance of the Act. 
. Penalty and withdrawal of affiliation. 
. Power to call for record. 
. Admission Committee. 
. Caste certificate. 
10. Removal of difficulties. 
11 . Protection of action taken in good faith. 
12. Power to make rules. 
13. Laying of Order etc. 
14. Repeal and saving.
No.1043/VII-V-1-1(ka)21-2006 
Dated Lucknow, September 8, 2006 
NOTIFICATION 
MISCELLANEOUS 
  IN pursuance of the provisions of clause (3) of article 348 of the Constitution o f India the 
Governor is pleased to order the publication of the following English translation of Uttar Pradesh  
Shaikshanik Sansthon Me Pravesh (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhare Vergon ke 
Liya Arakshan) Adhiniyam, 2006 ( Uttar Pradesh Adhiniyam Sankhya 23 of 2006) as passed by the Uttar 
Pradesh Legislature and assented to by the Governor on September 7, 2006.   
THE UTTAR PRADESH ADMISSION TO EDUCATIONAL INSTITUTIONS (RESERVATION FOR SCHEDULED 
CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES) ACT, 2006¹ 
(U. P. Act No. 23 of 2006) 
(As passed by the Uttar Pradesh Legislature) 
AN 
ACT 
 to provide for the reservation in admission to educational institutions i ncluding private 
educational institutions, whether aided or unaided by the State, other than the minority educational  
institutions referred to in clause (1) of Article 30 of the Constitution of India, in favour of the persons 
belonging to the Scheduled Cas te. Scheduled Tribes and other backward classes of citizen and for 
matters connected therewith or incidental thereto.  
 IT IS HEREBY enacted in the Fifty-seventh Year of the Republic of India as follows :—   
1. Short title and commencement. 
(1) This Act may be called the Uttar Pradesh Admi ssion to Educational institutions (Reservation for 
Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 2006.  
(2) It shall be deemed to have come into force in July 10, 2006.  
2. Applicability. 
This Act shall apply to all admissions taking place in Educatio nal Institutions, including   private 
Educational Institutions, whether Aided or unaided by the state, other than the Minority Educational  
Institutions referred to in clause (1) of the Article 30 of the Constitution of India.  
3. Definitions 
 In this Act, unless the context otherwise requires.  
(a) “academic year in relation to an admission” means a period of twelve months commencing on the 
first day of July of a calendar year within which the process of admission is initiated;  
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
 1. For S. O. R. see Gazette Extraordinary, dated 08 September, 2006 (w. e.f. 10 July, 2006 ).  
 
(b) “aided institution” means a  private educational institution, excluding minority institution, receiving 
recurring  grants-in-aid or financial assistance in whole or in part from the state Government or from 
anybody under the control of State Government disbursing  grants-in-aid or financial assistance;  
(c) “general candidate” means a candidate selected on the basis of merit on an unreserved seat;  
(d) “Head of the institution” means the President or the Manager or the secretary of a society runni ng 
the institution and includes the director, the Principal or any Administrative Head of the institution;  
(e) “educational institution” means—  
 (i) a college or a school or an institution, by whatever name called, imparting education 
approved or recognized by a competent Statutory Body and affiliated to a stat e University, 
including a Private University established or incorporated by an Act of the state legislature or a 
constituent unit of a deemed to be University defined under section 3 of the University Grants 
commission Act, 1956 imparting education.  
(ii) a  college or a school or an institution, by whatever name called, imparting professional 
courses, approved or recognized by the Competent statutory Body leading to the award of a 
degree, diploma or a certificate, by whatever name called.  
(f)  “other backward classes or citizens” means the Other Backward Classes or Citizens specified in the 
scheduled-1 to the Uttar Pradesh Public Services (Reservation for scheduled castes, Schedule Tribes and 
other Backward classes) Act, 1994.  
(g) “Private Institution” means an educational institution not established or maintained by State 
Government or any Public Body;  
(h) “Professional Course” means a course of study notified as a professional course by the C ompetent 
statutory Body leading to the award of a degree, diploma or certificate by whatever name called:  
(i) “Reserved Seat” means a seat reserved for the Scheduled Castes, Scheduled Tribes or other backward 
classes of citizens;  
(j) “Sanctioned Intake” means and implies the total number of seats sanctioned by an authority notified 
by the state government for admitting students in each course of study in an Institution;  
(k) “State University” means a University established or incorporated by an Act of the state legislature;  
(l) “Unaided Institution” means a private Educational Institution, not being an Aided Institutions.  
(m) “Unreserved seat” means a seat other than reserved seat.  
4. Reservation in favour of Scheduled castes, Scheduled tribes and other backward classes 
 (1) In admission to educational institutions, including private educational in stitution, whether 
aided or unaided by the state, other than the minority educational institutions referred to in claus e (1) 
of Article 30 of the Constitution of India, there shall be reservation at the stage of admission in the 
following percentage of san ctioned intake to which admission is to be made in favour of person 
belonging to Scheduled Castes, Scheduled Tribes and other backward classes of citizens, in the academic 
year—   
(a) in the case of Scheduled Castes                                               twenty one per cent;  
(b) in the case of scheduled Tribes                                                two per cent;  
(c) in the case of other backward                                                  twenty seven per cent;  
     classes of citizen 
 (2) In respect of any academic year if any vacancy reserved for any category of persons under 
sub-section (1) remains unfilled, another special admission drive shall be made to fill such vacancy from 
amongst person belongings to that category.  
 (3) If in the special admission drive referred to in sub -section (2) suitable candidates belonging 
to the Scheduled Tribes are not available to fill the vacancy re served for them, such vacancy shall be 
filled by persons belongings to the scheduled castes.  
 (4) Where due to non -availability of suitable candidates, any of the seats reserved under sub -
section (1) remains unfilled even after special admission drive refe rred to in sub -section (2), or sub -
section (3), then such vacancy shall be filled by any other suitable candidate on the basis of merit.  
 (5) If a person belonging to any of the categories mentioned in sub -section (1) gets selected on 
the bases of merit as a general candidate, and if he wants to remain as a general candidate, then he 
shall not be adjusted against the vacancies reserved for such category under sub-section (1).  
5. Responsibility and powers for compliance of the Act 
 The State Government may, by a notified order, entrust the Head of the Instituti on or any 
officer or employee of the Institution with the responsibility of ensuring the compliance of the pro vision 
of this Act. 
6. Penalty and withdrawal of affiliation 
 (1) Any Head of the Institution or any officer or employee of the institution entrusted with the 
responsibility under section 5 willfully acts in a manner intended to contravene or defeat the purposes  
of this Act shall be punishable with imprisonment which may extend to three months or with fine whic h 
may extend to one thousand rupees or with both.  
 (2) N o court shall take cognizance of an offence under this section except with the previous 
sanction of the State Government or an officer authorized in this behalf by the State Government by an 
order.  
 (3) An offence punishable under sub-section (1) shall be tried summarily by a Metropolitan 
Magistrate or a Judicial Magistrate of the first class and the provisions of sub-section (1) of section 262, 
section 263, section 264 and section 265 of the code of Criminal Procedure, 1973 shall mutatis mutandis 
apply.  
 (4) Where the State Government or any officer or an authority authorized by it is satisfied that 
any institution has violated any provision of this Act or the rules or the orders made thereunder by the 
State Government, it may recommend to the appropriate statutory body for the withdrawal of the 
affiliation of recognition of such institution.  
7. Power to call for record 
 If it comes to the notice of the State Government  that any person belonging to any of the 
categories mentioned in sub -section (1) of section 4 has been a dversely affected on account of non -
compliance of the provisions of this Act or the rules made thereunder or the Government orders, it m ay 
call for such records from the concerned institution and take such action as it may consider necessary.  
8. Admission Committee 
 The State Government may, by order, provide for nomination of officer for giving representation 
to the Scheduled Castes, Scheduled Tribes and other backward classes of citizen in the Admission 
Committee to such extent and in such manner as may be prescribed.  
9. Caste certificate 
 For the purpose of reservation provided under this act, caste certificate shall be issued by such 
authority or officer as may be notified by the State Government and in such manner and in such form as 
the State Government may, by order, provide.  
10. Removal of  difficulties 
  If any difficulty arises in giving effect to the provisions of this Act, the State Government may, 
by an notified order, make such provisions not inconsistent with the provisions of this Act as appears to 
it to be necessary or expedient for removing the difficulty.  
11. Protection of action taken in good faith 
 No suit, prosecution or any other legal proceeding shall lie against the State Government or any 
person for anything which is in good faith done or intended to be done, in pursuance of this Act or the 
rules made thereunder.  
12. Power to make rules 
  The State Government may, by notification, make rules for carrying out the purpose of this Act.  
 13. Laying of order etc. 
 Every order made under section 5 and section 9 shall be laid, as soon as may be, before both the 
Houses of the State Legislature and the provisions of sub-section (1) of section 23-A of the Uttar Pradesh 
General clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government  
under any Uttar Pradesh Act.  
14.  Repeal and saving 
  (1) The Uttar Pradesh Admission to educational institutions (Reservation for Schedule Castes 
Schedule tribes and other backward classes) Ordinance, 2006 is hereby repealed.  
 (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance 
referred to in subsection (1) shall be deemed to have been done or taken under this Act as if the 
provisions of this Act were in force at all material times.  
---------------------------------- 
STATEMENT OF OBJECTS AND REASONS 
 The State Government have been empowered by the constitution Ninety -third Amendment to 
make special provisions regarding admission to the educational institution including private educational 
institutions, whether aided or unaided by the State other than the minority educational institutions  
referred to in clause (1) of Article 30 of the constitution of India i n favour of the persons belonging to 
the scheduled caste, scheduled Tribes and other backward Classes of citizen. It was, therefore, deci ded 
to make a law to provide for the reservation in admission to the said educational institutions in favour of 
the said persons.  
 Since the State Legislature was not in session and immediate Legislature action was necessary to 
implement the aforesaid decision, the Uttar Pradesh Admission to Educational Institution (Reservatio n 
for Schedule Castes. Schedule Tribes and other  Backward Classes) Ordinance, 2006 (U. P. Ordinance no. 
2 of 2006) was promulgated by the Governor on July 10, 2006.  
 This Bill is introduced to replace the aforesaid Ordinance. 

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