Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit

No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.

Dated the 10th August. 2010.

OFFICE MEMORANDUM

Subject: Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit.

The undersigned is directed to refer to this Department’s O.M.No.36028/17/2001-Estt(Res.) dated 11th July, 2002 which clarified that SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No.36028/17/2001- Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from 11.7.2002 and that concept of own merit did not apply to the promotions made by non-selection method.

2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005 [S. Kalugasalamoorthy v/s. Union of India & Others] has set aside the O.M.No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority. the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UOI v/s.S. Kalugasalamoorthy [ WP No.15926/2007 ] has upheld the decision of the Central Administrative Tribunal.

3. The matter has been examined in the light of the above referred judgments and it has been decided to withdraw O.M. No. 36028/17/2001- Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster. irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.

4. These instructions may be brought to the notice of all concerned.

(K.G.Verma)
Director

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Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services...

    DOPT has clearly stated in this OM, "some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language.

A draft OM has been prepared which covers all the aspects of reservation policy as existing at present. However, before issuing the proposed OM, it has been decided to put it in public domain and invite comments on it. If any person feels that the proposed OM does not include any of the existing instruction or any instruction included in the proposed OM is not in consonance with the existing instructions, may point out the same and send his comments to the undersigned by 12th July, 2010."

We have reproduced full text of the both OMs and main headlines of the Reservation Policy.

No.36011/6/2010-Estt.(Res)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: the 25^th June, 2010

OFFICE MEMORANDUM

   Subject:   Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.

***

      The undersigned is directed to say that instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India are contained in various OMs issued from time to time by the Ministry of Home Affairs and this Department. Some of the instructions so issued have become outdated and are not in operation at present. It has, however, been observed that some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language. A draft OM has been prepared which covers all the aspects of reservation policy as existing at present. However, before issuing the proposed OM, it has been decided to put it in public domain and invite comments on it. If any person feels that the proposed OM does not include any of the existing instruction or any instruction included in the proposed OM is not in consonance with the existing instructions, may point out the same and send his comments to the undersigned by 12^th July, 2010.

(K.G. Verma)
Director

No.36011/6/2010-Estt.(Res)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
…

North Block, New Delhi
Dated: the June, 2010

DRAFT OM

Subject: Instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.

***

The undersigned is directed to say that it has been brought to the notice of the Government that there is lot of confusion amongst appointing authorities and others about the policy on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India. It has also been observed that though a number of instructions issued by the Ministry of Home Affairs and this Department on the subject have become outdated and are no more in operation, some Ministries/Departments etc. continue to follow such non-existent instructions. It has, therefore, been decided to issue, in supersession of all Office Memoranda on the subject issued so far, instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in Services as given in Appendix to this OM.

2. All Ministries/Departments are requested to bring the contents of this OM to the notice of all concerned.

(K.G. Verma)
Director

Appendix to DOPT O.M. No. 36011/6/2010-Estt(Res) dated June, 2010

COMPENDIUM ON RESERVATION FOR THE SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES IN SERVICES

2.Reservation in Direct Recruitment

3. Creamy Layer amongst OBCs

4. Reservation in Promotion

5. Concession in Promotions within Group A

6. Exemptions from Reservation

7. Reservation in Scientific and Technical Posts

8. Reservation in Posts of Industrial Workers

9. Reservation in Work-Charged Posts

10. Reservation in Appointments of Daily Rated Staff

11. Appointment of Casual Workers to Regular Posts

12. Reservation in Newly Constituted Services

13. Reservation in Adhoc Promotions

14. Reservation in case of a Single Vacancy

15. Reservation in PSUs, Autonomous Bodies etc

16. Reservation in Voluntary Agencies

17. Determination of Reservation Quota

18. Determination of Reserved Vacancies

19. Grouping of Posts

20. Maintenance of Reservation Registers / Roster Registers

21. Initial Preparation of Reservation Register / Roster

22. SC/ST/OBC Candidates Appointed on Their Own Merit

23. Adjustment of Compassionate/Surplus Cell Appointees

24. Age Relaxation in Direct Recruitment

25. Age Relaxation in Promotion

26. Concession in Fee

27. Relaxation of Experience Qualification in Direct Recruitment

28. Relaxation of Standard of Suitability in Direct Recruitment

29. No Relaxation in Educational Qualification

30. Relaxation of Standards in Departmental Competitive / Qualifying Examinations

31. Filling up of Reserved Vacancies in case of Direct Recruitment

32. Filling up of Reserved Vacancies in case of Promotion by Selection

33. Filling up of Reserved Vacancies in case of Promotion by Non-Selection

34. Steps To Be Taken in Case of Non-Availability of SC/ST Candidates for Promotion

35. Diversion of Reserved Vacancies under the Promotion Quota to Direct Recruitment

36. Safeguards against Supersession of SC/ST Candidates

37. Implementation of the Findings of DPC Kept in Sealed Cover

38. Dereservation

39. Provisions in Recruitment Rules/Regulations for Examination

40.  Verification  of  the  Claims  of  Scheduled  Castes,  Scheduled  Tribes  and  Other Backward Classes

41. Reporting About Representation

42. Arrangements for Training

43. Intimation about Competitive Examinations to Pre-Examination Training Centres

44. Selection of Persons for Posting Abroad

45. Forwarding of Application for Employment

46. Prevention of Discrimination

47. Clarifications about SC/ST/OBC Status

48. Liaison Officer and Reservation Cell

49. Role of the National Commission for SCs and STs

50. Annual Reports of the Ministries/Departments

ANNEXURE-I
RESERVATION IN CASE OF RECRUITMENT TO GROUP C AND D POSTS ON LOCAL BASIS

ANNEXURE –II
Criterion for Determining Creamy Layer Amongst OBCs.

ANNEXURE-III
ROSTERS FOR PROVIDING RESERVATION IN
CADRES HAVING UPTO 13 POSTS

ANNEXURE –IV
RESERVATION REGISTER

ANNEXURE –V
RESERVATION ROSTER REGISTER

ANNEXURE VI
PROPOSAL FOR DERESERVATION OF VACANCIES RESERVED FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN POSTS FILLED BY PROMOTION.

ANNEXURE-VII
FORM OF SCHEDULED CASTE/TRIBE CERTIFICATE

ANNEXURE-VIII
FORM OF CERTIFICATE TO BE PRODUCED BY
OTHER BACKWARD CLASSES APPLYING FOR APPOINTMENT TO POSTS UNDER THE GOVERNMENT OF INDIA

ANNEXURE-IX
SC/ST/OBC REPORT-I
ANNUAL STATEMENT SHOWING THE REPRESENTATION OF SCs, STs AND OBCs AS ON FIRST JANUARY OF THE YEAR AND NUMBER OF APPOINTMENTS MADE DURING THE PRECEDING CALENDAR YEAR

ANNEXURE-X
SC/ST/OBC REPORT-II
ANNUAL STATEMENT SHOWING THE REPRESENTATION OF SCs, STs AND OBCs IN VARIOUS SERVICES AS ON FIRST JANUARY OF THE YEAR

Please click here to view the Original Office Memorandum www.persmin.nic.in.

Reservation for SCs, STs and OBCs in autonomous bodiesl institutions etc

No.360111612009-Estt.(Res.)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi, the 23rd December, 2009

OFFICE MEMORANDUM

Subject:- Reservation for SCs, STs and OBCs in autonomous bodiesl institutions etc

The undersigned is directed to say that instructions were issued vide Ministry of Home Affairs' O.M. No. 39/40/74-SCT (I) dated 30.9.1974 that the autonomous bodiesl institutions, which receive grant-in-aid from the Government of lndia, would make suitable provision in the relevant Statutes or in the Articles of Association of the respective bodies to provide reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in services under their control. After introduction of reservation for Other Backward Classes (OBCs) on 8.9.1993, the autonomous bodies etc. were expected to make provision in this regard also.

It has been brought to the notice of this Department that some of the autonomous bodiesl institutions have not made suitable provision about reservation in their Statutes1 Articles of Association.

2. All the Ministriesl Departments etc. are requested toensure that suitable provisions of reservation for SCs, STs and OBCs are made in the Statutes1 Articles of Association of all the autonomous bodiesl institutions under them and such provisions are implemented scrupulously.

Revision of the proforma for sending dereservation proposals

No. 3602012/2007-Estt(Res)

Government of India

Ministry of Personnel, P.G. & PensionsDepartment of Personnel & Training

New Delhi, Dated the 7Ih December 2009

OFFICE MEMORANDUM

Subject :- Revision of the proforma for sending dereservation proposals.

The undersigned is directed to invite attention to this Department's OM. No. 3601 1120179-Estt(SCT) dated 2.11.1979 whereby proformae for sending proposals for deresewation of reserved vacancies were prescribed. In view of the fact that a number of developments like creation of separate National Commissions for the Scheduled Castes and the Scheduled Tribes, replacement of vacancy based rosters by post based rosters, ban on exchange of reservation between SCs and STs have taken place, it has become necessary to modify the said proformae.

2. There is a general ban on dereservation of reserved vacancies in case of direct recruitment. However, in rare and exceptional cases when a vacancy in a Group 'A' sewice cannot be allowed to remain vacant in public interest, the administrative MinistrylDepartment may prepare a proposal for deresewation of the vacancy giving following information:(i) Designation of the post;(ii) Pay scale of the post;(iii) Name of the service to which the post belongs;(iv) Duties and responsibilities attached to the post;(v) Educational and other qualifications prescribed for the post;(vi) Efforts made to fill up the post;(vii) Reasons why it cannot be allowed to remain vacant;(viii) Justification for dereservation; and(ix) Any other relevant information.

3. The administrative Ministry shall consult the National Commission for Scheduled Castes in respect of vacancy reserved for SCs , the National Commission for Scheduled Tribes in respect of vacancy reserved for STs and the National Commission for Backward Classes in respect of vacancy reserved for OBCs. After obtaining the comments of the concerned Commission, the administrative Ministry/Department shall place the proposal alongwith the Commission's comments before a Committee comprising of the Secretaries in the Department of Personnel and Training, the Ministry of Social Justice and Empowerment, and the Ministry/Department under which the recruitment is to be made for consideration and recommendation. The recommendation of the Committee shall be placed before the Minister in charge of the Department of Personnel and Training for taking a final decision. If dereservation of the vacancy is approved, it can be filled as an unreserved vacancy.

4. In case of promotion, if sufficient number of SClST candidates fit for promotion against reserved vacancies are not available, such vacancies may be dereserved and filled by the candidates of other communities. The power to accord approval to dereservation of the reserved vacancies in such cases is delegated to the administrative Ministries and Departments subject to the following conditions:

(i) no candidate belonging to the category for which the vacancy is reserved is available within the zone of consideration or extended zone of consideration or eligible for promotion in the feeder cadre(s) specified in the relevant service I recruitment rules /orders;

(ii) the proposal for dereservation has been seen and concurred in by the Liaison Officer of the Ministry / Department;

(iii) the proposal for dereservation is agreed to at a level not lower than that of Joint Secretary to the Government of India, in the administrative Ministry /Department (proper)concerned; and(iv) in the event of disagreement between the appointing authority and the Liaison Officer, the advice of the Department of Personnel & Training is obtained.

5. Before taking a decision to dereserve a vacancy under the delegated powers, the administrative Ministry I Department shall prepare a proposal in the proforma given in the Annexure and send one copy thereof each to the Department of Personnel & Training and the National Commission for Scheduled Castes in respect of vacancies reserved for SCs and to the National Commission for Scheduled Tribes in respect of vacancies reserved for STs. After sending the proposal, the Ministry / Department shall wait for a period of atleast two weeks for the comments of the Department of Personnel & Training and the concerned National Commission. If no comments are received from this Department or the concerned Commission within two weeks, the administrative Ministry I Department may presume that this Department or the concerned National Commission, as the case may be, do not have any comments to offer and may take a decision regarding dereservation of the vacancy. In case the Ministry / Department receives comments from this Department or the concernedCommission within two weeks, the comments so received shall be considered whiletaking a decision in the matter.

6. Following points should be kept in view while sending the copy of the proposalto the Commissions / Department of Personnel & Training:

(i) 'cadre strength' with reference to reservation means the number of posts in the grade which are to be filled by a particular mode of recruitment in terms of the recruitment rules. If in a grade having 200 posts, 40 per cent posts are filled by promotion by selection, cadre strength for promotion by selection in that grade will be 80;

(ii) 'backlog reserved vacancy' means a vacancy which was earmarked reserved in a previous recruitment year and an effort was made to fill up the same but could not be filled and is still vacant; and

(iii) the proposal / proforma duly filled in should be signed by an officer of the rank of Under Secretary or above in the administrative Ministry / Department.

7. The Attached /Subordinate Offices etc, should not send the proposal direct to the Department of Personnel and Training or to the concerned National Commission. They should send the proposal to the administrative Ministry/Department who will examine the proposal and send it to the Department of Personnel and Training and tothe concerned National Commission.

8. All the Ministries I Departments etc. are requested to bring these instructionsto the notice of all concerned.