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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

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Presentation on theme: "Dr. H.S. Rana Additional Director National Institute of Public Adminisration 701, Barton Centre M.G. Road, Bangalore PIN: 560 001"— Presentation transcript:

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2 Dr. H.S. Rana Additional Director National Institute of Public Adminisration 701, Barton Centre M.G. Road, Bangalore PIN:

3 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. ARTICLES (4) (a) (b) Proviso

4 SAFE GUARDS 1.Social, Educational, Cultural, 2.Religious 3.Economic 4.Political 5.Safe Guard for Employment

5 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. SCs were notified for the first time under the Govt. of India Act, 1935 vide GOI (SC) order 1936 Earlier, they were depressed classes

6 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

7 HISTORICAL BACKGROUND AND CONSTITUTIONAL SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED TRIBES YEAR POPULATION SC%ST%Total% %6.3%21.55% %6.8%21.47% %6.94%21.74% %7.85%21.74% % % %8.20%24.40%

8 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.

9 YEARIMPORTANCE % Population DC 1909Minto - Morley Reforms 1928Simon Commission 1931Huttons Census 1932Second Round Table Conference at London : a.Separate Electorate b.Communal Award c.Poona Pact 1934Open competition – No success 1935Government of India Notification

10 YEARIMPORTANCE 1936SC – Rest - BT 1937Congress Governments 1938 Removal of Civil Disabilities of Malabar Entry of Temple act 1942Review 1943Res. 8.33% Population 12.72% No Fee - - Age 3 Years % Reservation % In Direct Recruitment. Assam,Bihar,Madhya Pradesh, Orissa Special Provision 1949Scheduled Tribes Census 1950Ad hoc – 5% Res. for ST 1957 First order regarding Reservation in promotion was issued % SC and 7.50% ST rationalized

11 YEARIMPORTANCE 1967Yardi Committee on Reservation 1968Parliamentary Committee on welfare of SC/ST 1978Reservation in Promotion in Banks 1989De-Reservation in DR banned w.e.f ( ) 1990Benefits of Reservation to Buddhists 1990National Commission for SC/ST was setup % ceiling in reservation by Supreme Court – Still in Vogue 1993OBC orders were implemented ( ) 1997Post based Rosters for Reservation ( )

12 IMPORTANT DATES CATEGORY EFFECTIVE DATE OF RESERVATION SC (DR) ST (DR) SC/ST 1957 (PR) DIVRSION OF RESERVED POSTS PR TO DR OBC (DR) SC/ST/OBC (PBR) REVISED GUIDELINES FOR PROMOTION NO EXCHANGE NEW CREAMY LAYER NATIONAL COMMISSION FOR STs NEW % AGE FOR LOCAL RECRUITMENT PWD ROSTER IN NEW FORMAT NEW ZONE OF CONSIDERATION

13 MOTION OF PROMOTION YEARIMPORTANCE 1950 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 OF PROMOTION 15% SC, 7.5% ST = 22.5% UPTO ENTRY LEVEL OF GROUP A ( L R) ALONGWITH RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION 1957LTD DEPTT. COM. EXAM.

14 1962RANGACHARI V/s RAILWAYS : MADRAS HIGH COURT 16 (4) – DR - INVALID. SUPREME COURT REVERSED 1971HIRALAL V/s STATE OF PUNJAB : HIGH COURT – TURNED DOWN – SUPREME COURT AGAIN UPHELD 1981AKHIL 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.

15 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 EVALUATION ARTICLE 335 EFFICIENCEY OF ADMINISTRATION :

16 1996VINOD KUMAR V/s UNION OF INDIA. UPTO WITH ADDITIONAL TRAINING OR CR – YES LOWERING LEVEL OF EVALUATION – NO 77 th AMENDMENT (1995) RELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION AND RELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION – WITHDRAWN. PROMOTION POLICY TO CONTINUE BEYOND W/o WITHDRAWING OM DT

17 LATEST RESERVATION IN PROMOTION – YES RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION – NOW

18 MERIT ( DR & PR ) RELAXATIONSO.M. DATED - Age – Limit Experience Qualification Permitted number of Chances in WT EZOC METHOD : NON – SEELCTION (SENIORITY) GROUPWISEAYES / CF / TY (15% SC -BYES / CF / TY -7.5% ST)CYES / CF / TY DYES / CF / TY

19 METHOD : SELECTION GROUPWISE AUPTO LR/NOCF/SY (15% SC -BYES/NOCF/SY 7.5% ST)CYES / CF / TY DYES / CF/ TY TIME BOUNDYES. BUT…. ELEMENT OF DR EXCEEDS 75% NO RES. SINGLE VACANCY RES P UR C/F TY

20 ZONE OF CONSIDERATION No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST

21 No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST

22 No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST

23 No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST

24 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

25 ALLOTMENT OF QUARTERS 60 Point Roster CATEGORY SC/ST ( 2 : 1 ) A & B Type SC = 10,20,40,50 ST = 30,60 C & D Type SC = 20,40 ST = 60

26 MIGRATION Within the StateYES Out of StateNO MARRIAGE Does not change the Status Conversion And Re-conversion YES ADOPTIONS 15 Years, Residing, Customs, Approval DC

27 OBCS 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 No reservation in Promotions for OBCs.

28 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.

29 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.

30 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

31 DEFINITION OF EX-SERVICEMAN The ex-serviceman (Re-employment in Central Civil Services and Posts) Rules, 1979 as modified by the Gazette Notification dated 27 th 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

32 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

33 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

34 DEFINITION OF EX-SERVICEMAN As per clarification issued in the Notification No /5/85-Estt.(SCT) dated any person who has been released up to 30 th 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.

35 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 Post-based Rosters with effect from Plotting of appointments / Promotions as on (Only persons in positions to be plotted chronologically. Persons retired, Promoted, died, etc are not to be included)

36 2.2 Percentage (Promotion) CategorySCSTPWD A15%7.5%- B15%7.5%- C15%7.5%3% D15%7.5%3%

37 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.

38 3. Definition Categories of Classes A or Class I Scale of Pay Rs. 8,000-13,500 and above (CDA) B or Class II Rs. 6,500-10,500 and 5, C or Class III Rs. 4,000 and above but less than Rs. 9,000/- D or Class IV Less than Rs. 4,000/- D(s) or Class IV Less than Rs. 4,000/- D(s) Means Chowkidar /Farash /Waterman /Safai wala

39 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

40 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

41 Back log & Shortfall = Shortfall of a particular Shortfall reserved category in aCadre 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.

42 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)

43 ROSTER –(MAIN) Category/ Class ModePost A / I All India Basis by open competition No. of posts (200 points) B/ II All India Basis by open competition No. of posts (200 points) A / I All India Basis otherwise than by open competition No. of posts (120 points) B / II All India Basis otherwise than by open competition No. of posts (120 points)

44 Promotion Category/ Class A / I 200 points for Main Roster and 13 points for Mini Roster B / II 200 points for Main Roster and 13 points for Mini Roster C / III 200 points for Main Roster and 13 points for Mini Roster D / IV 200 points for Main Roster and 13 points for Mini Roster D(s) / IV 200 points for Main Roster and 13 points for Mini Roster

45 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.

46 Category/ Class ModePost C/IIIDirect Recruitment on local basis (100 Points)* D/IVDirect Recruitment on local basis (100 Points)* D(s)/IVDirect Recruitment on local basis (100 Points)* Reserved points for Main and Mini Rosters are calculated based on state-wise reservation.

47 2. Percentage (Recruitments) Category Mode Direct Recruitment on All India Basis SCSTOBCPWDX.Man A By open competition - B By open competition - A Otherwise than by 3(x) - B Otherwise than by 3(x) - Cont..

48 2. Percentage (Recruitments) Category Mode Direct Recruitment on All India Basis SCSTOBCPWDX.Man C Local Recruitment As per Regional Percentage ---3(x)14.5(x) D Local Recruitment as per Regional Percentage (x)24.5(x) D(s) Local Recruitment as per Regional Percentage (x)24.5(x) (X) Vertical reservation becomes horizontal reservation (interlocking PWD & X-man will be accommodated as per their Never venture to round it off.

49 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.

50 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.

51 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

52 EARMARKING -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

53 EARMARKING -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.

54 EARMARKING - 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 31 st December. In case of combined cadres, number of recruitments and number of Promotions should be taken into account to know the total representation.

55 6. 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.

56 -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.

57 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.

58 -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 :

59 CERTIFICATE 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 :

60 A-INDEX SL.NO.POSTPAGE _______________________________________ 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.

61 R. P RES NAME DATESC/ ST/ OBC/ UR UTILIZED BY SC/ ST/ OBC/UR (+)/ (-)/ - 07SCA SC - SC- M/UR SC(-1) ST SC(-1), ST(+1) STST-M/URSC(-1)

62 R. P RES NAME DATESC/ ST/ OBC/ UR UTILIZED BY SC/ ST/ OBC/UR (+)/ (-)/ - 07SCA OBC SC(-1) OBC(+1) OBCOBC- M/UR SC(-1) UR SC(-1) KNOW RESERVATION NO RESERVATIONS THANK YOU.

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