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RESERVATIONS LEGISLATIVE CONSENT FOR SC/ ST FOR OBCs

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Presentation on theme: "RESERVATIONS LEGISLATIVE CONSENT FOR SC/ ST FOR OBCs"— Presentation transcript:

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

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 RESERVATIONS AND ROSTERS
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’ ROSTER POST BASED ROSTER

5 Evolution of Post Based Roster
Prior to 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 RECRUITMENT ON ALL INDIA BASIS
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

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 Schedule Tribe -71/2% (15 Points) Points

10 Reservation in Direct Recruitment on All India basis by open competition in a 200 point roster
Other Backward Castes – 27% (54 Points) Pts 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 No. of vacancies Normal zone Extended zone for consideration of SC/ST 1 5 2 8 10 3 15 4 12 20 5 & above 2 x No. of vacancies + 4 5 x No. 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 others irrespective 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 Non-availability of SCs or STs
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
Initial recruitment 1 2 3 4 5 6 7 8 9 10 11 12 13 UR OBC SC ST

31 MODEL ROSTERS FOR CADRE STRENGTH UP TO 13 POSTS - Otherwise through open competition
Initial recruitment 1 2 3 4 5 6 7 8 9 10 11 12 13 UR OBC SC ST

32 MODEL ROSTERS FOR CADRE STRENGTH UP TO 13 POSTS - in Promotions
Initial recruitment 1 2 3 4 5 6 7 8 9 10 11 12 13 UR SC ST

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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