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Dr. H.S. Rana Additional Director. National Institute of Public Adminisration 701, Barton Centre M.G. Road, Bangalore PIN: 560 001 E-mail: hsrana1@gmail.com. Doctrine of SC/ST. - An SC must be a Hindu or a Sikh or a Baudh / Neo Baudh. - An ST may be from any religion.
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Dr. H.S. RanaAdditional Director National Institute of Public Adminisration 701, Barton Centre M.G. Road, Bangalore PIN: 560 001 E-mail: hsrana1@gmail.com
Doctrine of SC/ST - An SC must be a Hindu or a Sikh or a Baudh / Neo Baudh. - An ST may be from any religion. ARTICLES1516 (4) (a) (b)46338 341 342 67 335 + Proviso
SAFE GUARDS • 1. Social, Educational, Cultural, • 2. Religious • 3. Economic • 4. Political • 5. Safe Guard for Employment
SCHEDULED CASTES • They are spread all over the Country and are below the poverty line. Apart from being socially, Educationally and Economically backward they suffer from the additional disability of untouchability. SC’s were notified for the first time under the Govt. of India Act, 1935 vide GOI (SC) order 1936 Earlier, they were “depressed classes”
SCHEDULED TRIBES • They live in inaccessible hilly and remote areas and are cut off from the mainstream. They were specified for the first time after Independence only. • Main Characteristics which are common to all STs, are • 1. Tribal origin • 2. Primitive way of life • 3. Habitation in remote and less easily accessible areas • 4. Generally backward • 5. Traditional occupation
HISTORICAL BACKGROUND AND CONSTITUTIONAL SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED TRIBES • YEAR POPULATION
HISTORICAL BACKGROUND AND CONSTITUTIONAL SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED TRIBES • Amount 25% which constitutes the poorest section of the population and also Socially, Educationally and Economically backward.
IMPORTANT DATES • CATEGORYEFFECTIVE DATE • OF RESERVATION • SC 21-09-1947 (DR) • ST 13-09-1950 (DR) • SC/ST 1957 (PR) • DIVRSION OF RESERVED POSTS PR TO DR 10-07-1990 • OBC 08-09-1993 (DR) • SC/ST/OBC 02-07-1997 (PBR) • REVISED GUIDELINES FOR PROMOTION 08-02-2002 • NO EXCHANGE 06-11-2003 • NEW CREAMY LAYER 04-02-2004 NATIONAL • COMMISSION FOR STs 19-02-2004 • NEW % AGE FOR LOCAL RECRUITMENT 05-07-2005 • PWD ROSTER IN NEW FORMAT 29-12-2005 • NEW ZONE OF CONSIDERATION 06-01-2006
MERIT ( DR & PR ) • RELAXATIONSO.M. DATED • - Age – Limit 22-05-1989 • - Experience 02-07-1997 • - Qualification 01-07-1998 • - Permitted number of • Chances in WT 11-07-2002 • EZOC 31-01-2005 • METHOD : NON – SEELCTION • (SENIORITY) • GROUPWISEA YES / CF / TY • (15% SC -B YES / CF / TY • 7.5%ST)C YES / CF / TY • DYES / CF / TY
METHOD : SELECTION GROUPWISEAUPTO LR/NOCF/SY (15% SC -BYES/NOCF/SY 7.5% ST)CYES / CF / TY DYES / CF/ TY TIME BOUND YES.BUT…. ELEMENT OF DR EXCEEDS 75% NO RES. SINGLE VACANCY RES P UR C/F TY
SAFEGUARDS AGAINST SUPERSESSION OF SCHEDULED CASTES AND SCHEDULED TRIBES IN PROMOTION • (1) In promotion to Group ‘A’ and within Group ‘A’ and to Group ‘B’ and within Group ‘B’, the cases should be submitted to the Board of Directors for its approval. • (2) In promotion to and in Group ‘C’ & ‘D’, the cases should be submitted to the Managing Director, for approval
ALLOTMENT OF QUARTERS • 60 Point Roster
MIGRATION • Within the StateYES • Out of StateNO • MARRIAGE Does not change the Status • Conversion And Re-conversionYES • ADOPTIONS 15 Years, Residing, Customs, Approval DC
OBC’S • Only in Direct Recruitment = 27% with Exclusion to Creamy Layer. • (Exclusion no to apply to persons working as artisans or engaged in hereditary occupations, callings.) • OBCs reservation applied to all groups of Posts A/B/C/D. • Effective date of reservation for OBCs is 8-9-1993. • No reservation in Promotions for OBCs.
Relaxation for OBCs • Relaxed standards may be provided to OBC candidates as in case of SC/ST candidates in written examinations and interviews in order to fulfill the quota earmarked to OBCs. (1) The upper age limit prescribed for Direct Recruitment shall be relaxed by 3 years in respect of OBCs. (2) No De-reservation and all those vacancies reserved for OBCs should be C/F for 3 years or till the vacancies be filled, whichever is earlier.
PERSONS WITH DISABILITIES(PWDs)3% VH = 1% HH = 1% OH = 1% • VH • (1) Total absence of sight. • (2) Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses • (3) Limitation of the field of vision subtending an angle of 20 degrees nor worse.
PERSONS WITH DISABILITIES(PWDs)3% VH = 1% HH = 1% OH = 1% • HH • The Hearing Impaired are those in whom the sense of hearing is non-functional for ordinary purposes of life. Those who do not hear, understand sounds at all with amplified speech and those having hearing loss more than 90 decibels in the better ear or total loss of hearing in both ears. • OH • 40% PPD. (permanent partial – disability) • Reservation in all Four Categories for DR. • In Promotions : “C” & “D” Categories only
DEFINITION OF EX-SERVICEMAN • The ex-serviceman (Re-employment in Central Civil Services and Posts) Rules, 1979 as modified by the Gazette Notification dated 27th Oct. 1986, defines ex-serviceman as a person who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and air force of the Indian Union and
DEFINITION OF EX-SERVICEMAN • (i) who retired from such service after earning his/her pension ; or • (ii) Who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension ; or (iii) Who has been released, otherwise than on his own request, from such service as a result of reduction in establishment ; or
DEFINITION OF EX-SERVICEMAN • (iv)Who has been released from such service after completing the specific period of engagements, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a grapery ; and includes personnel of the Territorial Army of the following categories, namely: • (i) pension holders for continuous embodied service • (ii) persons with disability attributable to military service • (iii)gallantry award winners
DEFINITION OF EX-SERVICEMAN As per clarification issued in the Notification No. 36034/5/85-Estt.(SCT) dated 27.03.1987 any person who has been released up to 30th June, 1987 (a) at his own request after completing 5 years service in the Armed Forces of the Union ; or • (b) after serving for a continuous period of six months after attestation, otherwise at his own request or by way of dismissal or discharge on account of mis-conduct or inefficiency or has been transferred to the reserve pending such release ; shall also deemed to be an ex-serviceman.
OPERATIVES FOR MAINTENANCE OF POST – BASED ROSTERS • 1. Dates • Reservation for SC/St from the date of Inception/receipt of Government orders. • Reservation for OBC with effect from 08-09-1993 • Post-based Rosters with effect from 02-07-1997 • Plotting of appointments / Promotions as on 02-07-1997 • (Only persons in positions to be plotted chronologically. Persons retired, Promoted, died, etc are not to be included)
OPERATIVES FOR MAINTENANCE OF POST – BASED ROSTERS 2.3 Reservation of each of the reserved category should at NO POINT OF TIME exceed the prescribed share.
In Banks-Officer Cadre, Clerical Cadre and sub-staff cadre only. • Cadre = No. of Posts in a particular Grade • Post = Appointment, Job, Office or Employment • Appointment = Direct Recruitment or Promotion or Deputation or Transfer or Contract • Vacancy = Unoccupied post or office
Position =To which a person is • Appointed • Reserved Post =Earmarked for a reserved • Category • Unreserved Post=Not earmarked for reserved • Category (single vacancy in a • Year becomes unreserved) • De-reserved Post=Owing to non-availability of • Reserved candidate, vacancy is de-reserved (Banned in DR) Carry Forward = De-reserved vacancies are carried forward to 3 years for Filling up later in DR-and promotion by Non-selection
Back log & Shortfall = Shortfall of a particular Shortfall reserved category in a Cadre means the difference between the total numbers of Posts reserved for that Category as per the post based reservation roster in that cadre and the number of persons belonging to that category who are holding the posts in the cadre. Backlog reserved vacancies are the vacancies, which were earmarked reserved in an earlier recruitment year but remained unfilled in the previous recruitment year due to non-availability of suitable candidates belonging to that category and are still lying unfilled.
Replacement = Vacancy should be filled up by the earmarked category only, on completion of quota only. • Grouping = Isolated posts to be grouped with main groups (Earlier 20, Now 13)
Roster (Mini) Horizontal Roster for 13 or lesser posts based on 200 or 120 posts. Please see the Difference between points No. 13 of mini Roster of open competition and otherwise than by open Competition. Roster can be contracted or extended in future.
Re-Casting the Rosters Ensure that reservation should in no case exceed 50% of the cadre strength Separate Rosters for Direct Recruitments and Promotions. Single Vacancy concept year-wise. For 50% ceiling, year is a unit.
EARMARKING The No.of points in each Roster shall be Equal to the no.of posts in a cadre. Multiply each post by the prescribed percentage of Reservation for the different reserved categories and when the Multiple for a community obtains a complete number or oversteps, the number is to be earmarked for that Community. If 2 communities share one point, the community who has been awarded reservation immediate earlier, should be skipped off.
EARMARKING SC /ST senior most official in a cadre considered fit for Promotion On seniority-cum fitness basis will be promoted despite excess representation and would be shown as reserved for SC/ST and would be adjusted in future. 50% Ceiling = Merit SC / ST / OBC candidates would be excluded in DR and PR