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RESERVATIONS

RESERVATIONS. LEGISLATIVE CONSENT FOR SC/ ST Articles 16(4), 335, 341 and 342 of the Constitution of India FOR OBCs Mandal Commission Report with effect from 13-8-1990 . RESERVATIONS - why.

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RESERVATIONS

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  1. RESERVATIONS LEGISLATIVE CONSENT • FOR SC/ ST • Articles 16(4), 335, 341 and 342 of the Constitution of India • FOR OBCs • Mandal Commission Report • with effect from 13-8-1990

  2. RESERVATIONS - why • In a multiple undulating society like ours, early achievement of the objective of social justice as enshrined in the Constitution is a MUST • certain weightage has to be provided to such classes in the services

  3. POST BASED ROSTERS OBJECTIVE • to know how the principal of roster works in respect of reserved posts in various modes of recruitment and promotion • to analyze and apply it in the eligible and deserving cases • To know the details of percentages applicable to different categories of reserved candidates

  4. ROSTER POST BASED ROSTER a list or plan showing turns of duty or leave for individuals or groups a list maintained showing turns of appointment and promotion for individuals belonging to different categories, e.g., SC, ST, OBC or General’ RESERVATIONS AND ROSTERS

  5. Evolution of Post Based Roster Prior to 1972 - before the judgment in the case of R.K. Sabharwal Vs. State of Punjab, given by the Apex Court • rosters were based on vacancies • judgment in the case declared that reservation for SC/ST for appointments in services should be with reference to the posts and not vacancies which may occur in the cadre

  6. RESERVATIONS IN APPOINTMENTS Basic concept of reservations in appointments • As per the directions of the Constitution, percentages of reservations are in force in favour of SCs/STs and OBCs in filling vacancies in posts by appointment. • To obviate the difficulty due to fractions, etc., in the calculation of the number of reserved vacancies on the percentages, special rosters have been prescribed • Rosters intended to be an aid to determining the number of vacancies to be reserved categories in any particular examination, recruitment, etc. and not meant for determining the order of actual appointment

  7. By open competition All recruitments are made by UPSC whether through written examination or by interview or both and recruitment made by other authorities including Staff Selection Commission or any other appointing authority through written competitive examination or tests (but not by interview alone) Otherwise than by open competition Any recruitment not made by the UPSC or not made through written competitive tests held by any other authority RECRUITMENT ON ALL INDIA BASIS

  8. PERCENTAGES AND POINTS OF RESERVATION IN APPOINTMENTS

  9. Reservation in Direct Recruitment on All India basis by open competition in a 200 point roster • Schedule Castes - 15% (30 Points) Points 7 41 74 107 140 174 15 47 81 114 147 180 20 54 87 121 154 187 27 61 94 127 162 194 35 68 99 135 168 199 • Schedule Tribe -71/2% (15 Points) Points 14 55 95 136 175 28 69 108 148 188 40 80 120 160 198

  10. Reservation in Direct Recruitment on All India basis by open competition in a 200 point roster • Other Backward Castes – 27% (54 Points) Pts 4 26 49 71 93 115 138 161 182 8 30 52 75 97 119 141 163 186 12 34 56 78 100 123 145 167 189 16 38 60 82 104 126 149 171 193 19 42 63 86 109 130 152 176 197 23 45 67 89 112 134 156 178 200 • The remaining 101 points will be unreserved.

  11. Direct Recruitment to Groups ‘C’ and ‘D’ Posts Normally Attracting Candidates From a Locality Or a Region • Percentages of reservations are fixed generally in proportion to the population of SCs and STs and OBCs in the respective States/ Union Territories. • A 100 point roster is maintained in such case.

  12. Recruitment Made Through Staff Selection Commission

  13. Determination of Vacancies • The actual number of reserved vacancies in any recruitment year should be determined on the basis of the points in the roster and also taking into account the reservations brought forward from the earlier years. The total number of reservation should not, however, exceed 50% of the total number of vacancies filled in that year excluding the “backlog vacancies”

  14. RESERVATIONS IN PROMOTIONS • same as prescribed for 200-point roster for All India Recruitment by open competition out of 200 points, reservation will be Scheduled Castes 15% (30 Points) Scheduled Tribes 7.5% (15 Points) • no reservation for OBCs in promotion • remaining 155 points will be Unreserved

  15. Promotions to which Reservations apply • Through limited Departmental Competitive Exams in Groups‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’ • By selection a) From Group ‘C’ to Group ‘B’. b) Within Group ‘B’. c) From Group ‘B’ I) to the lowest rung of Category in Group ‘A’. II) direct to Group ‘A’ to senior scale.

  16. Promotions to which Reservations apply • Seniority subject to fitness • Within Group ‘A’ • Promotion to Selection Grades • Appointment to Non- functional Selection Grade in Group ‘A’ • Ad hoc Promotions

  17. Through limited Departmental Competitive Exams in Groups ‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’ • Selection only from SC/ST officials who are within the normal zone of consideration • Separate list to be prepared for category candidates • When adequate number of SC/ST candidates are not available within the normal field of choice, it shall be extended to five times the number of vacancies

  18. Normal zone Extended zone

  19. Through limited Departmental Competitive Exams in Groups ‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’ • SC and ST officers who are within the normal zone of consideration should be considered for promotion along with othersirrespective of their merit as compared to other officers • SC/ST candidates who have not acquired the general qualifying standard should also be considered for promotion provided they are not found unfit

  20. Through limited Departmental Competitive Exams in Groups ‘B’, ‘C’ and ‘D’, OR by Selection in Groups ‘C’ & ‘D’ • Non-availability of SCs or STs • Dereservation to be considered subject to • Reservations being C/F to 3 subsequent R.Ys • Exchange of vacancies between SCs and STs in the last year to which the reserved vacancies are carried forward

  21. BY SELECTION • Same as in case of departmental exam procedure except • No separate list to be made • No C/F of reservation

  22. Seniority subject to fitness • principle of zone of consideration not applicable • no need for a comparative evaluation of the individual officers’ respective merits • only suitability of each individual officer or the unfitness of an officer to be decided • 40-point roster • vacancies reserved for SCs and STs-separate lists should be drawn up • DPC to adjudge the SC and ST officers separately • if no SCs and STs found fit - action for deservation should be taken

  23. Within Group ‘A’ • In promotions by selection to posts within Group ‘A’ there is no reservation • SC/ST officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list has to be drawn up, to be included in that list provided they are not considered unfit for promotion

  24. Promotion to selection grades Appropriate orders relating to reservation/ concessions for SCs and STs in promotions made by ‘selection’ or on the basis of ‘seniority subject to fitness’ apply to these appointments

  25. Appointment to non-functional selection grade in Group ‘A’ services SC/ ST officers considered for being appointed in their turn to posts in the non-functional selection grade against available vacancies may be included in the select list even if they do not fulfil the criteria laid down provided they are not considered unfit

  26. Ad hoc promotions • no formal reservation for SCs and STs in such promotions • vacancies for periods in excess of 45 days to be placed on roster- the number of vacancies falling to the share of SC and ST, if the vacancies were to be filled on regular basis, to be identified • If number of SC/ST candidates found fit is • Less than the number of vacancies identified as falling to their share when filled on regular basis • then additional SC/ST candidates to the extent required should be located by going down the seniority list but within five times the number of vacancies

  27. Filing up of reserved vacancies falling in promotion quota In a cadre where recruitment is made both by direct recruitment and by promotion as prescribed in the Recruitment Rules, reserved vacancies falling in the promotion quota which cannot be filled due to non availability of eligible persons of SCs/STs in the feeder grade may be temporarily diverted to the direct recruitment quota

  28. GOVERNMENT GUIDELINES ON RESERVATIONS • rosters not for determining seniority • two fundamental principles in drawing up rosters • reservation shall be kept within the prescribed percentage, and • total reservation shall not exceed 50% of the cadre • number of points in each roster will be equal to the number of points in the cadre

  29. GOVERNMENT GUIDELINES ON RESERVATIONS • Separate rosters shall be maintained for each type • Recruitment • Promotion • Posts filled by transfer/ transfer on deputation not to be entered in the roster • Roster will be operated on the replacement principle and not as a ‘running account’ • SCs/ STs/ OBCs candidates selected on merit will not be shown against the reserved points but shown against Unreserved points

  30. MODEL ROSTERS FOR CADRE STRENGTH UP TO 13 POSTS - by open competition

  31. MODEL ROSTERS FOR CADRE STRENGTH UP TO 13 POSTS - Otherwise through open competition

  32. MODEL ROSTERS FOR CADRE STRENGTH UP TO 13 POSTS - in Promotions

  33. MAINTENANCE OF ROSTERS • Separate Rosters • For appointment • For Promotion • Temporary appointments • Common Rosters • cases where Permanent appointments and temporary appointments are likely to become permanent or to continue indefinitely • Reservation roster is not a confidential document and can be shown to individual official

  34. APPOINTMENTS AGAINST RESERVED ROSTER POINTS Appointment of SC/ST Candidates • Against reserved points • Reservation deemed to have been consumed • No carry forward allowed • Against unreserved points • Appointment to be adjusted against reserved points in future recruitment years

  35. APPOINTMENTS AGAINST RESERVED ROSTER POINTS Appointment of General Category Candidates • Against reserved points • points to be shifted to the subsequent points in the roster for being filled in the next recruitment occasion • Dereservation, carry forward, etc., will start from the next recruitment year, in the event of non-availability of reserved category candidates against shifted points • Against single vacancy falling on a unreserved point • The vacancy will be treated as unreserved and reservation will be carried forward but the point will not shift

  36. GROUPING OF ISOLATED POSTS • isolated individual posts and small cadres may be grouped with posts in the same class for purpose of reservation consisting of not less than 25 posts • Keeping due regard to Designation and number of each post, Group to which the posts belong, Scale of pay, Method of recruitment, Minimum qualifications • Proposal for grouping of posts should be made to the Department of Personnel and Training

  37. Plotting of vacancies • determining the reservation - the vacancies occurring in various constituents of the Group should be plotted on the roster strictly in a chronological order • Total Reservation not to Exceed 50 % in any of the Posts/ Services Grouped

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