Presentation on theme: "Dr. H.S. Rana Additional Director"— Presentation transcript:
1Dr. H.S. Rana Additional Director National InstituteofPublic Adminisration701, Barton CentreM.G. Road,BangalorePIN:
2Doctrine of SC/ST ARTICLES 15 16 (4) (a) (b) 46 338 341 342 67 335 + - An SC must be a Hindu or a Sikh or a Baudh / Neo Baudh.- An ST may be from any religion.ARTICLES (4) (a) (b)34134267335+Proviso
3SAFE GUARDS 1. Social, Educational, Cultural, 2. Religious 3. Economic 4. Political5. Safe Guard for Employment
4SCHEDULED CASTESThey 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”
5SCHEDULED TRIBESThey 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, are1. Tribal origin2. Primitive way of life3. Habitation in remote and less easily accessible areas4. Generally backward5. Traditional occupation
6HISTORICAL BACKGROUND AND CONSTITUTIONAL SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED TRIBES YEAR POPULATIONSC%ST%Total%195115.3%6.3%21.55%196114.67%6.8%21.47%197114.80%6.94%21.74%198115.47%7.85%199116.33%8.0124.34%200116.20%8.20%24.40%
7HISTORICAL 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.
8YEARIMPORTANCE190127.4% Population DC1909Minto - Morley Reforms1928Simon Commission1931Hutton’s Census1932Second Round Table Conference at London :Separate ElectorateCommunal AwardPoona Pact1934Open competition – No success1935Government of India Notification
9Scheduled Tribes Census 1950 Ad hoc – 5% Res. for ST 1957 1961 YEARIMPORTANCE1936SC – Rest - BT1937Congress Governments1938Removal of Civil Disabilities of Malabar Entry of Temple act1942Review1943Res % Population 12.72%No Fee - - Age 3 Years194612.50% Reservation194716.66% In Direct Recruitment. Assam,Bihar,Madhya Pradesh,Orissa Special Provision1949Scheduled Tribes Census1950Ad hoc – 5% Res. for ST1957First order regarding Reservation in promotion was issued196115% SC and % ST rationalized
10YEARIMPORTANCE1967Yardi Committee on Reservation1968Parliamentary Committee on welfare of SC/ST1978Reservation in Promotion in Banks1989De-Reservation in DR banned w.e.f ( )1990Benefits of Reservation to BuddhistsNational Commission for SC/ST was setup199250% ceiling in reservation by Supreme Court – Still in Vogue1993OBC orders were implemented( )1997Post based Rosters for Reservation ( )
11IMPORTANT DATES CATEGORY EFFECTIVE DATE OF RESERVATION SC (DR)ST (DR)SC/ST (PR)DIVRSION OF RESERVEDPOSTS PR TO DROBC (DR)SC/ST/OBC (PBR)REVISED GUIDELINESFOR PROMOTIONNO EXCHANGENEW CREAMY LAYERNATIONALCOMMISSION FOR STsNEW % AGE FORLOCAL RECRUITMENTPWD ROSTER INNEW FORMATNEW ZONE OFCONSIDERATION
12MOTION OF PROMOTION YEAR IMPORTANCE 1950 1957 LTD DEPTT. COM. EXAM. ARTICLE 16(4) EMPOWERED THE STATE TO PROVIDE FOR RESERVATION IN APPOINTMENTS (DR)% AGE – 15% SC 7.5% ST- EXCLUDING DEFENCE AND JUDICIAL SERVICES.- % AGE OFPROMOTION 15% SC,7.5% ST = 22.5%UPTO ENTRY LEVEL OF GROUP ‘A’ ( L R) ALONGWITH RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION1957LTD DEPTT. COM. EXAM.
131962RANGACHARI V/s RAILWAYS : MADRAS HIGH COURT 16 (4) – DR- INVALID. SUPREME COURT REVERSED1971HIRALAL V/s STATE OF PUNJAB : HIGH COURT – TURNED DOWN – SUPREME COURT AGAIN UPHELD1981AKHIL BHARATIYA SHOSHIT KARMACHARI V/s UNION OF INDIA CHALLANGED RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION SUPREME COURT UP-HELD RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION.
14EFFICIENCEY OF ADMINISTRATION : 15.11.1997 1986JAGANNATHAN Vs AUDITOR – GENERAL OF INDIA – SUPREME COURT ESTABLISHED RESERVATION IN DR & PROMOTIONS ARTICLE 16(4)1992INDIRA SAWHNEY V/s UNION OF INDIA (MANDAL COMMISSION) LARGER BENCH OF SUPREME COURT DECIDED – 16 (4) NDID NOT PROVIDE RES. FOR PROMOTION W/o LOWERING LEVEL OF EVALUATIONARTICLE335EFFICIENCEY OF ADMINISTRATION :
15LOWERING LEVEL OF EVALUATION – NO 77th AMENDMENT (1995) 1996VINOD KUMAR V/s UNION OF INDIA. UPTO WITH ADDITIONAL TRAINING OR CR – YESLOWERING LEVEL OF EVALUATION – NO77th AMENDMENT(1995)RELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION1997ANDRELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION – WITHDRAWN. PROMOTION POLICY TO CONTINUE BEYOND W/o WITHDRAWING OM DT
16LATESTRESERVATION IN PROMOTION – YES RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION – NOW
17METHOD : NON – SEELCTION (SENIORITY) MERIT ( DR & PR )RELAXATIONS O.M. DATED- Age – Limit- Experience- Qualification- Permitted number ofChances in WTEZOCMETHOD : NON – SEELCTION(SENIORITY)GROUPWISE A YES / CF / TY(15% SC - B YES / CF / TY7.5% ST) C YES / CF / TYD YES / CF / TY
18METHOD : SELECTION GROUPWISE A UPTO LR/NOCF/SY (15% SC - B YES/NOCF/SY 7.5% ST) C YES / CF / TYD YES / CF/ TYTIME BOUND YES. BUT….ELEMENT OF DR EXCEEDS 75% NO RES. SINGLE VACANCY RES P UR C/F TY
19ZONE OF CONSIDERATION No. of vacancies Normal size of Zone of ConsiderationExtended Zone of Consideration for SC/ST152810315412201425
20Normal size of Zone of Consideration No. of vacanciesNormal size of Zone of ConsiderationExtended Zone of Consideration for SC/ST61630718358204092245102450115512601365
21Normal size of Zone of Consideration No. of vacanciesNormal size of Zone of ConsiderationExtended Zone of Consideration for SC/ST142470152675162780172985183090193295203310048150
22Normal size of Zone of Consideration No. of vacanciesNormal size of Zone of ConsiderationExtended Zone of Consideration for SC/ST406320050782506093300701083508012340090138450100153500
23SAFEGUARDS 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
24ALLOTMENT OF QUARTERS A & B Type SC = 10,20,40,50 60 Point Roster CATEGORY SC/ST ( 2 : 1 )A & B Type SC = 10,20,40,50ST = 30,60C & D Type SC = 20,40ST = 60
25MIGRATION Within the State YES Out of State NO MARRIAGE Does not change the StatusConversion And Re-conversion YESADOPTIONS15 Years, Residing, Customs, Approval DC
26OBC’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 isNo reservation in Promotions for OBCs.
27Relaxation for OBCsRelaxed 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.
28PERSONS WITH DISABILITIES (PWDs) 3% VH = 1% HH = 1% OH = 1% (1) Total absence of sight.(2) Visual acuity not exceeding 6/60 or /200 (Snellen) in the better eye with correcting lenses(3) Limitation of the field of vision subtending an angle of 20 degrees nor worse.
29PERSONS WITH DISABILITIES (PWDs) 3% VH = 1% HH = 1% OH = 1% 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.OH40% PPD. (permanent partial – disability)Reservation in all Four Categories for DR.In Promotions : “C” & “D” Categories only
30DEFINITION 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
31DEFINITION 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
32DEFINITION 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
33DEFINITION OF EX-SERVICEMAN As per clarification issued in the Notification No /5/85-Estt.(SCT) dated 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.
34OPERATIVES FOR MAINTENANCE OF POST – BASED ROSTERS 1. DatesReservation for SC/St from the date of Inception/receipt of Government orders.Reservation for OBC with effect fromPost-based Rosters with effect fromPlotting of appointments / Promotions as on(Only persons in positions to be plotted chronologically. Persons retired, Promoted, died, etc are not to be included)
36OPERATIVES 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.
373. Definition Categories of Classes “A” or Class IScale of Pay Rs. 8,000-13,500 and above (CDA)“B” or Class IIRs. 6,500-10,500 and 5,“C” or Class IIIRs. 4,000 and above but less than Rs. 9,000/-“D” or Class IVLess than Rs. 4,000/-“D(s)” or Class IV“D(s)”Means Chowkidar /Farash /Waterman /Safai wala
38In Banks-Officer Cadre, Clerical Cadre and sub-staff cadre only. Cadre = No. of Posts in a particularGradePost = Appointment, Job, Office orEmploymentAppointment = Direct Recruitment orPromotion or Deputation orTransfer or ContractVacancy = Unoccupied post or office
39Position =To which a person is AppointedReserved Post =Earmarked for a reservedCategoryUnreserved Post=Not earmarked for reservedCategory (single vacancy in aYear becomes unreserved)De-reserved Post=Owing to non-availability ofReserved candidate, vacancyis de-reserved (Banned in DR)Carry Forward = De-reserved vacancies arecarried forward to 3 years for Filling up later in DR-and promotion by Non-selection
40Back 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.
41Replacement = 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)
42ROSTER –(MAIN) Category/ Class Mode Post ‘A’ / I All India Basis by open competitionNo. of posts (200 points)‘B’/ IIAll India Basis otherwise than by open competitionNo. of posts (120 points)‘B’ / II
43Promotion Category/ Class ‘A’ / I ‘B’ / II ‘C’ / III ‘D’ / IV 200 points for Main Roster and 13 points for Mini Roster‘B’ / II200 points for Main Roster and13 points for Mini Roster‘C’ / III‘D’ / IV‘D(s) / IV
44Roster (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.
45Category/ ClassModePost‘C’/IIIDirect Recruitment on local basis(100 Points)*‘D’/IV‘D(s)/IVReserved points for Main and Mini Rosters are calculated based on state-wise reservation.
462. Percentage (Recruitments) Category Mode Direct Recruitment on All India BasisSCSTOBCPWDX.Man‘A’ By open competition15273(x)-‘B’ By open competition‘A’ Otherwise than by Competition16.66‘B’ Otherwise than by competitionCont..
472. Percentage (Recruitments) Category Mode Direct Recruitment on All India BasisSCSTOBCPWDX.Man‘C’ Local Recruitment As per Regional Percentage-3(x)14.5(x)‘D’ Local Recruitment as per Regional Percentage -24.5(x)‘D’(s) Local Recruitment as per Regional Percentage- (X) Vertical reservation becomes horizontal reservation (interlocking PWD & X-man will be accommodated as per their castes).@ Never venture to round it off.
48Re-Casting the Rosters Ensure that reservation should in no case exceed 50% of the cadre strengthSeparate Rosters for Direct Recruitments and Promotions.Single Vacancy concept year-wise.For 50% ceiling, year is a unit.
49EARMARKINGThe 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.
50EARMARKINGSC /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 candidateswould be excluded in DR andPR
51EARMARKING - Separate Rosters for selection and non-selection posts. - Reservation % age is different in DR and promotion. In a cadre total will be taken – 50%- Backlog of SC/ST/OBC is to be determined a fresh.- PWD & Ex. Man : Vertical = Horizontal = Interlocking.- No Roster for ad-hoc appointments
52EARMARKING - No Roster for adhoc promotion - No Roster for time bound promotion (Relaxation to SC/ST up to the extent of short fall)- No Roster for promotion by selection, in the posts of above the lowest rung of group ‘A’- No entry for transfers or deputations. However, on absorption take them in to DR.- New post-based Rosters are written on replacement bases and not on running accounts basis.
53EARMARKING- Squeezing as per your requirement without violating 50% ceiling.- SC/ST/OBC appointed on merit but with relaxation of age, experience or qualification will be adjusted Against reserved points but without these relaxations, they will be adjusted against UR points.- Surplus / excess to be adjusted in future recruitments.- Tally to be made as on initially and thereafter, every year on 31st December. In case of combined cadres, number of recruitments and number of Promotions should be taken into account to know the total representation.
546. Important Operatives- Effective date if Vacancy-based Roster should be closed. Back-log or excess will be calculated as on Earlier back-log or excess has got no meaning now.- Grouping in DR is possible. Isolated posts can be clubbed with regular cadre, based on similar scale / Qualification / Nature of work/category. However, no clubbing in Promotion and D(s) posts in DR is allowed.
55-. Excess No. of SCST/OBC will be adjusted in future - Excess No.of SCST/OBC will be adjusted in future. OBC recruitments will be calculated from Earlier appointments are to be ignored.- No Roster for promotional posts where element of DR exceeds 75%.- No Roster for Transfers/deputations.No Roster for daily rated staff.- No Roster for appointment made for less then 45 days.
56Rosters should be prepared with pencil initially Rosters should be prepared with pencil initially. These may be got written in good hand writing in hard bound/leather bound Register in the prescribed format.Hard bound cover page of Recruitment Roster may be green and cover of promotion Roster may be red.
57- A label should be affixed on all the cover pages, which may contain : Name of Organization :Recruitment / Promotion Roster :Class / Category :Posts :- The first Page ( inside ) of the Roster may carry this certificate :
58CERTIFICATE Certified that this Recruitment / Promotion Roster contains Pages ___________ from 01 to ________ and it has come into existence with effect from ____________________________Place : Signature :Date : Name :*Designation / Seal*Preferably of appointing authority or of authorized person. The second page (inside) may contain following information :
59A-INDEX SL.NO. POST PAGE _______________________________________ B- Post clubbed ( if any ) C- Percentage: SC : ST : OBC : PWD : X-Man:All the headings in all the Registers (Rosters) should be got printed bilingually.Appointing authority / Authorized person should initial all the entries with dates.
60R.P RES DATE SC/ ST/ OBC/UR (+)/ (-)/ - 07 SC A 01-04-1999 SC-M/UR NAMEDATESC/ ST/ OBC/URUTILIZED BY SC/ ST/ OBC/UR(+)/(-)/-07SCASC-M/URSC(-1)STSC(-1),ST(+1)ST-M/UR
61R.P RES DATE SC/ ST/ OBC/UR (+)/ (-)/ - 07 SC A 01-04-1999 OBC SC(-1) NAMEDATESC/ ST/ OBC/URUTILIZED BY SC/ ST/ OBC/UR(+)/(-)/-07SCAOBCSC(-1)OBC(+1)OBC-M/URURKNOW RESERVATIONNO RESERVATIONSTHANK YOU.