The Department of
Personnel and Training (DOPT) New Delhi has issued the comprehensive F.A.Q.
(Frequently Asked Questions) on the Reservation
Policy for Scheduled Castes, Scheduled Tribes and Other Backward Classes as
follows :
Question
1. What is the policy
of the Government on reservation for SCs, STs, and OBCs?
ANSWER : Reservation to the SCs, STs and OBCs
in case of direct recruitment
on all the India basis by open competition is given at the rate of 15% 7.5% and
27% respectively. In case of direct recruitment on all India basis otherwise
than by open competition, reservation for SCs, STs and OBCs is 16.66% 7.5% and
25.84% respectively. In case of direct recruitment to Group C and D posts which
normally attract candidates
from a locality or a region, percentage of reservation for SCs/STs is generally
fixed in proportion to the population of SCs and STs in the respective
States/UTs. For OBCs it is fixed keeping in view the proportion of their
population in the concerned State/UT and the fact that total reservation for
SCs/STs/OBC is remains within the limit for 50% and reservation for OBCs
remains within the limit of 27%.
Reservation
in promotion by non-selection method is available to SCs and the STs in all
groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively.
In case of promotion by selection method reservation is available upto the
lowest rung of Group ‘A’ at the same rates. In promotion by selection method
reservation is available upto the lowest rung of Group ‘A’ at the same rates.
In promotion by selection of posts within Group ‘A’ which carry an ultimate
salary of Rs.18,300/- or less (in pre-revised scale) there is no reservation,
but the Scheduled Caste / Scheduled Tribe 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 is to be drawn up, would be included in that list
provided they are not considered unfit for promotion.
QUESTION
2: What are the key
provisions of Reservation Policy?
ANSWER
: Following are
the key provisions of Policy of Reservation for SCs, STs and OBCs:
(i)
SCs/STs get reservation in all groups of posts under the Government in case of
direct recruitment and in case of promotions made by non-selection method. In
case of promotions made by selection, reservation is available to them when
promotions are made in Group B,C,D posts and from Group B to the lowest rung in
Group ‘A’ Posts.
(ii)
SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also
promoted on their own merit
are adjusted against unreserved posts.
(iii)
In Promotion by selection to posts within Group ‘A’ which carry an ultimate
salary of Rs.18,300/- or less (pre-revised) there is no reservation, but the
Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of
consideration of promotion so as to be within the number of vacancies for which
the select list is to be drawn up, would be included in that list provided they
are not considered unfit for promotion.
(iv)
There is a general ban on de-reservation of posts in case of direct
recruitment.
(v)
In case of direct recruitment various relaxations, like relaxations in age
limit by 5 years exemption from payment of examination / application fees: relaxation in qualification of
experience at the discretion of UPSC/Competent authority: relaxation in
standard of suitability, etc, are available to members of SCs and STs.
(vi)
In case of direct recruitment. OBCs get relaxation of 3 years in upper age
limit, relaxation in standards of suitability etc.
(vii)
In case of promotion, zone of consideration is extended upto five times the
number of vacancies in case suitable candidates are not available within normal
zone of consideration: minimum qualifying marks/standards of evaluation are
relaxable: upper age limit is relaxable by five years where upper age limit for
promotion is prescribed not more than 50 years.
(viii)
There is a provision of appointment of liaison officers in all Ministries /
Departments to ensure proper implementation of reservation policy.
QUESTION
3 : What are the
relaxations available to SCs/STs?
ANSWER : The relaxations that are available for
the SCs and STs in direct recruitment are as follows:
(a) Relaxation in the upper age limit by five years
(b) Exemption from payment of examination / application fees
(c). Where interview is a part of the recruitment process, SC/ST candidates
should be interviewed separately
(d) Qualification regarding experience can be relaxed in respect of SC/ST
candidates at the discretion of UPSC/Competent Authority
(e) Standards of suitability can be relaxed etc.
The
relaxations that are available for the SCs/STs in promotions are as follows :
a.
The zone of consideration is extended to five times the number of vacancies in
case suitable SC/ST candidates are not available within the normal zone of
consideration:
b.
Minimum qualifying marks / standards of evaluation are relaxable;
c.
Upper age limit relaxable by five years where upper age limit for promotion is
prescribed not exceeding fifty years etc.
QUESTION
4 : What are the
relaxations available to OBCs?
ANSWER : Relaxations available to OBCs in direct
recruitment are as follows:
i)
Relaxation in the upper age limit by 3 years
ii)
Qualification regarding experience can be relaxed at the discretion of
competent authority.
iii)
Standards of suitability can be relaxed etc.
QUESTION
5 : Who is an own
merit candidate?
ANSWER : A candidate belonging to SC/ST/OBC who
is selected on the same standards as applied to general category candidates and
who appears in the general merit list is treated as own merit candidate. Such
candidate is adjusted against unreserved point of the reservation roster.
Department of Personnel and Training O.M. No.36011/1/98-Estt.(Res) dated
1.7.1998 clarified that only such SC/ST/OBC candidates who are selected on the
same standards as applied to general candidates shall not be adjusted against
reserved vacancies. In other words, when a relaxed standard is applied in
selecting on SC/ST/OBC candidate, for example in the age limit, experience
qualification, permitted number of changes in written examination, extended
zone of consideration larger than what is provided for general category
candidates, etc., the SC/ST/OBC candidates are to be counted against reserved
vacancies. Such candidates would be deemed to the unavailable for consideration
against unreserved vacancies.
QUESTION
6: What is the difference
between post based reservation and vacancy based reservation?
ANSWER : Reservation to SCs, STs and OBCs prior
to 2.6.1997 was implemented through vacancy based rosters in which case
calculation of reserved vacancies depended on the total number of vacancies to
be filled. The Supreme Court in the case of R.K. Sabharwal held that
reservation in a cadre should be calculated on the basis of total number of
posts in the cadre and not the vacancies. It means that if reservation for SCs
is 15% and cadre strength in a grade is 100, 15 posts will be reserved for SCs
i.e. at any point of time 15 posts in this cadre should be held by SCs
appointed by reservation. Whenever their representation comes down, it would be
completed.
QUESTION
7: What is Backlog
vacancy and why are so many backlog vacancies in services ?
ANSWER : Backlog Reserved Vacancies of a
category are those vacancies which were earmarked reserved for that category in
and earlier recruitment year but remained unfilled in the previous recruitment
attempt on account of non-availability of suitable candidates belonging to that
category and are still lying unfilled.
As
per instructions issued by the D.O.P&T, if sufficient number of suitable
SCs, STs and OBC candidates do not become available to fill up the vacancies
reserved for them in the first attempt of recruitment, a second attempt is made
for recruiting suitable candidates belonging to the concerned category in the
same recruitment year or as early as possible before the next recruitment year
so that backlog reserved vacancies are not created. However, even after making
such efforts the reserved vacancies are not filled up and backlog vacancies are
created which are carried forward to the subsequent recruitment year, in which
concerted efforts are make to fill up the backlog reserved vacancies as soon as
possible.
It
may be observed that reason of creation of backlog reserved vacancy is
non-availability of reserved category candidates for some posts.
QUESTION
8 : Whether the
ceiling of 50% reservation would apply to backlog reserved vacancies of SCs,
STs and OBCs ?
ANSWER : Backlog reserved vacancies are treated as special and
distinct group and ceiling of 50% reservation in a recruitment year does not
apply to backlog reserved vacancies.
QUESTION
9 : What is the policy
of Government about appointment of less qualified SCs, STs and OBCs candidates?
ANSWER : Instructions provide that in direct
recruitment whether by examination or otherwise, if sufficient number of
Scheduled Caste candidates are not available on the basis of the general
standard to fill all the vacancies reserved for them, candidates belonging to
this community should be selected to fill up the remaining vacancies reserved
for them provided they are not found unfit for such post or posts. Thus, to the
extent the number of vacancies reserved for Scheduled casts cannot be filled on
the basis of general standard candidate belonging to SC community are taken by
relaxed standard to make up the deficiency in the reserved quota, subject to
the fitness of these candidates for appointment to the post / posts in
question.
In
addition to the concession referred to above, instructions further provide that
in case where the requisite number of SC candidates fulfilling even the relaxed
standards admissible in their cases are not available to fill the vacancies
reserved for them in non-technical and quasi-technical Group C and D services /
posts required to be filled by direct recruitment otherwise than by written
examination, by selecting authorities should to the extent of the vacancies
reserved for SC. Select for appointment the best among the SC candidates who
fulfill the minimum educational qualification laid down in the notice for
recruitment of advertisement. In order to bring such candidates to the minimum
standard necessary for the posts and for the maintenance of efficiency of
administration they should be given in-service training.
Where
some period of experience is prescribed as an essential qualification for
direct recruitment to a post, an where in the opinion of the Ministry /
Department concerned, the relaxation of the experience qualification is not
inconsistent with efficiency a provision is inserted under the “essential
qualification” in the relevant recruitment rules to the effect the UPSC/ Competent
Authority may relax the experience / qualification in the case of SC/ST/OBC
candidates.
QUESTION
10 : Why there is no
reservation is case of promotion with in Group A?
ANSWER : Reservation to SCs and STs is
available at all levels in the matter of promotion by non-selection method. In
case of promotion by selection, they get reservation up to the lowest rung of
Group ‘A’. Though there is no reservation in promotion by selection within
Group A. in case of promotion by selection from a Group ‘A’ post to another
Group ‘A’ post having a maximum salary of Rs.18,300/- or less (in pre-revised
scale) the Scheduled Caste/Scheduled Tribe 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 is to be drawn up, are included in that
list provided they are not considered unfit for promotion. Thus sufficient care
is taken to ensure that the SC/ST officers get promotion to such higher posts
even if they do not meet the criterion laid down for general category
candidates.
The Supreme Court in Indra Sawhney’s case had declared reservation in promotion
ultra virus. However in order to continue reservation in promotion, the 77th
Amendment was made to the Constitution incorporating clause (4A) in Article 16
of the Constitution which enabled the State to continue reservation in
promotion. The statement of Objects and Reasons of the Constitution
(Eight-Sixth Amendment) Bill which became the Constitution (77th Amendment) Act
stated that the object was to continue the then existing dispensation. Since
reservation in promotion was not available when promotions were made by
selection within Group ‘A’ posts even before the judgment of the Supreme Court
in Indra Sawhney case, the Department’s O.M. dated August 13, 1997 issued in
pursuance of Article 16(4A) has restore the previously existing dispensation
which did not provide for reservation in promotion by selection within Group
‘A’ posts.
QUESTION
11 : What is the
objective behind the issuance of case certificates to Scheduled Casts and
Scheduled Tribes?
ANSWER : The main objective of issuance of caste
certificate is to facilitate access of bonafide belonging to the Scheduled
Castes Scheduled Tribe and Other Backward Class to the reserved posts and
services under the State and other facilities provided by the State to them.
QUESTION
12 : Whether the
Government have achieved the objective behind the issue of caste certificate?
ANSWER : On the basis of caste certificates, large number of
reserved category candidates have been able to secure employment in Government
establishments, PSUs, Banks, autonomous bodies etc, secure admissions to
educational institutions and get other facilities provided by the Government to
the members of Scheduled Castes Scheduled Tribes and Other Backward Classes.
QUESTION
13 : What is procedure
for issuing of Scheduled Caste/ Scheduled Tribe / Other backward class
certificates? Who is the competent authority to issue the same? Is any other
authority other than specified, in any circumstances allowed to issue such
certificates. If so, elaborate.
ANSWER : The instructions contained in this Department’s OM
No.36012/6/88 Estt. (Res) dated 24.04.90 and OM No.36012/22/93 Estt(Res) dated
15.11.1993 provide the Authorities who are competent to issue to caste
certificates and also the proforma. However, the Central Government accepts the
certificates issued only by the following authorities in the prescribed
proforma:
(1)
District Magistrate / Additional District Magistrate / Collector / Deputy
Commissioner / Additional Deputy Commissioner / Deputy Collector / Ist class
stipendiary Magistrate / Sub Divisional Magistrate / Taluka Magistrate /
Executive Magistrate / Extra Assistant Commissioner.
(2)
Chief Presidency Magistrate / Additional Chief Presidency Magistrate /
Presidency Magistrate.
(3)
Revenue Officer not below the rank of Tahsildar and
(4)
Sub-Divisional Officer of the area where the candidate and / or his family
normally resides.
QUESTION
14 : What are the
guidelines that have been issued to the appointing authorities in regard to
scrutiny and verification of caste certificates of candidates at the time of
their entry into Government service? Whether the present guidelines on the
subject are fool proof so that genuine SC/ST are not deprived of their
Constitutional rights.
ANSWER
: The Government
of India has issued instructions regarding scrutiny and verification of the
caste certificates of the candidates at the time of initial appointment and at
every important upturn of employee’s career. This Department re-iterated the
instructions vide O.M. Number 36011/3/2005-Estt. (Res) dated 9th September
2005.
QUESTION
15 : What are the
guidelines in case of migration of a reserved category person from one state to
another State?
ANSWER : When a person migrated from the portion
of the State in respect of which his community is Scheduled to another part of
the same State in respect of which his community is not scheduled, he will
continue to be deemed to be a member of the Scheduled Caste or the Scheduled
Tribe or the Other Backward Class, as the case may be in relation to that
State.
When a person who is a member from one state to another, he can claim to belong
to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which
he originally belong and not in respect of the State to which he has migrated.
QUESTION
16 : What action is
taken when complaints are received about the genuineness of caste certificate
once the appointment have been given or on detection of a prima facie case of a
false SC/ST certificate at any state of employment? Is there is a set procedure
to be followed for punishing such an employee?
ANSWER
: The instructions
contained in the Department of Personnel & Training’s O.M. No.
11012/7/91-Estt(A) dated 19.5.93 provide that wherever it is found that a
Government servant, who was not qualified or eligible in terms of the
recruitment rules etc. for initial recruitment in service or had furnished
false information or produced a false certificate in order to secure
appointment, he should not be retained in service. If he is probationer or a
temporary Government servant, he should be discharged or his services should be
terminated. If he has become a permanent Govt. Servant, an inquiry as
prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges
are proved, the Government servant should be removed or dismissed form service.
In no circumstances should any other penalty be imposed. Necessary action may
also be taken under the provisions of the IPC for production of false
certificates.
QUESTION
17 : What is Creamy
Layer’ amongst OBCs?
ANSWER : The Supreme Court in Indra Sawhney case
has upheld 27% reservation for OBCs in civil posts and services under the State
subject to exclusion of socially advanced persons / sections (creamy layer )
from OBCs within 4 months from the date of judgment.
2.
Following the above judgment of the Supreme Court, the Government had
constituted an Expert Committee to make recommendations on the socioeconomic
criteria to be adopted for excluding the creamy layer amongst OBCs. The report
of the Expert Committee was considered and accepted by the Government and the
categories of the persons / selections to be excluded from the purview of
reservation orders for OBCs were notified in the Schedule to the OM dated
8.9.1993 issued by this Department. Initially, the Income limit of ‘creamy
layer’ vide the aforesaid O.M. for exclusion of reservation was fixed Rs.1
Lakh.
3.
last time this income ceiling was revised from Rs.2.5lakhs to 4.5 Lakhs vide
O.M. No. 36033/3/2004-Estt.(Res) on 14.10.2008.
QUESTION
18 : What is the
criteria of determine the ‘Creamy layer’ amongst OBCs Employees working in
PSUs?
ANSWER : The criteria prescribed for determining creamy layer
status of some and daughters of persons in Government service mutatis mutandis
applies to the sons and daughters to persons holding equivalent or comparable
posts in PSUs, Banks, Insurance Organizations, Universities etc and also
holding equivalent or comparable posts and positions under private employment.
The creamy layer status of the sons and daughters of employees of organizations
where evaluation of the posts on equivalent or comparable basis has not been
made is determined on the basis of Income/Wealth Test given in the Schedule.
The income/wealth Test prescribes that the gross annual income of Rs.4.5 Lakh
or above or possessing wealth above the exemption limit as prescribed in Wealth
Tax Act for a period of three consecutive years would be treated to fall in
creamy layer.
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