Purpose • In the light of the Constitutional mandate and the decisions of the Supreme Court pertaining to the rights of the SC/ST candidates, it is utmost important to understand the practical procedures in order to understand the policy applicable to reservations, so as to be in accordance with the spirit and policy underlying the Constitution of India and policy of the Government in this behalf
Objective • to develop an in-depth knowledge and detailed understanding of the procedures for implementing the reservation orders and instructions, maintenance of Rosters, Backlog, De-reservation, Carry forward, Exchange and lapsing of reserved vacancies • steps required to be taken for liaison with the Ministries including Deptt. of Personnel and Training and the National Communication for SCs, STs and OBCs.
LEGISLATIVE BACKGROUND Maintenance of Post Based Rosters • Indira Sawhney V/s Union of India – 16.11.1992 • R.K. Sabharwal V/s State of Punjab & Others- 10.2.1995. • Union of India V/s J.C. Malik – 26.7.1995 • PGI of Medical Education and Research V/s Faculty Association- 17.4.1998.
R.K. Sabharwal V/s State of Punjab & Others- 10.2.1995 salient features of the case • reserved roster points should be determined on the basis of the posts and not vacancies • reservation has to be worked out in relation to the number of posts which form the cadre-strength on the basis of laid down percentage • When all the reserve roster points in a cadre are filled up and the required percentage of reservation is achieved, roster ceases to exist and the posts are filled on replacement basis
Principles for preparing the rosters elaborated upon in the DOPT, OM No. 02-07-1997 • Since reservation for OBC’s does not apply in promotions, there shall be separate rosters for direct recruitment and for promotions • number of point in the roster shall be equal to the number of posts in the cadre • Cadre, for the purpose of roster, shall mean a particular grade • deputation/transfer posts shall be excluded while preparing the rosters • In small cadres of up to 13 posts grouping of posts to be done
Roster - meaning • a list or plan showing the turns for the reserved and non reserved candidates • can be prepared on any number such as 40 numbers, 100 numbers, 120 numbers & 200 numbers etc
CASE STUDY 1- Promotion to the Grade of Junior Accounts Officer • Presumptions – It is a cadre of 49 posts. There are 15 vacancies in the Recruitment year 2003-04 for the post of Junior Accounts Officer. The DPC is held on 24-05-2005 and has been supplied with the gradation list, giving details of their category and other relevant aspects
CASE STUDY 1 Rules of Promotion to the Grade of Junior Accounts Officer - • 90% of the posts are to be filled by promotion on Seniority-cum-fitness basis by persons who have passed the Junior Accounts Officer Examination • 10% of the posts by promotion from common seniority list of Senior Accountants (pay scale Rs. 5000-8000) who have rendered not less than 10 years service in the grade on the basis of Selection-cum-seniority and who have crossed the age of 53 years as on 1st January of the year.
CASE STUDY 1 Type of Roster • in Seniority-cum-fitness category, the principle of zone of consideration does not apply • no need for a comparative evaluation of the individual officers’ respective merits • only suitability of each individual officer or the unfitness of an officer for promotion is to be decided. A separate 40-point roster is maintained for promotions under this category.
CASE STUDY 1 Roster Points • 6 (point No.s 1, 8, 14, 22, 28 & 36) for SCs and • 3 (point Nos. 4, 17 & 31) for STs • Thus, in total 9 points will be reserved for SCs/ STs altogether in the 40 points roster • As there are only 15 vacancies in the given Recruitment Year of 2003-04 and as the Roster is applied for the first time, only 3 SCs (at point no 1, 8, 14) and 1 ST (at point 4) will be eligible, for consideration against the reserved roster points
CASE STUDY 2 – Reservation for physically handicap candidates in appointment • In the Recruitment year 2004-05, there are 200 Group C vacancies. The number of candidates considered fit for recruitment, on the basis of All India open competition, is as under: • 48 Scheduled Caste candidates exclusive of challenged candidates • 22 Scheduled Tribe candidate exclusive of challenged candidates • 85 Other Backward Caste candidates exclusive of challenged candidates • 194 Unreserved category candidates exclusive of challenged candidates
CASE STUDY 2 • 10 Challenged candidates and the order of their seniority in the merit list is as under: • VH SC • OH OBC • OH UR • OH SC • VH SC • OH UR • OH UR • OH ST • OH SC • OH ST
CASE STUDY 2 • In the 200-point roster, the reservation for SCs will be 30, for STs it will be 15, for OBCs it will be 54 and for General Category it will be 101. The vacancies reserved for physically handicapped will be at points 1, 34, 67, 101, 134 and 167 of the 200-point roster
CASE STUDY 2 • Under SC category - 2 VH candidates, 1 OH candidate and 27 other SC candidates who are not PH • Under ST category – 15 ST candidates who are not PH • Under OBC category – 54 candidates from the OBC list who are not PH • Under UR category – 2 OH candidates and 99 other UR candidates who are not PH
CASE STUDY 3 – Dereservation • In the Recruitment year 2004-05 there are 50 vacancies for promotion, out of which 22 are reserved for Scheduled Castes and Scheduled Tribes taking into considerations the carry forward and fresh reservation in the following manner:- SC ST 3rd Year 1 5 2ndYear -- 2 First Year 1 1 • Fresh 8 4 10 12
CASE STUDY 3 • So dereservation will be required for 6 vacancies for Scheduled Castes and 7 vacancies for Scheduled Tribes (2 of second year, 1 of first year and 4 fresh reservations) • So dereservation will be required for 2 vacancies for Scheduled Castes and 11 vacancies for Scheduled Tribes (4 of third year, 2 of second year, 1 of first year and 4 fresh reservations)
CASE STUDY 4- Carry forward of vacancies • There are 5 carried forward reservations spreading over three preceding recruitment years in the following manner:- SC ST Third Year 1 -- SecondYear 1 1 First Year -- 2 And 6 vacancies occur in the succeeding year.
CASE STUDY 4 • the 2 ST reservations of the first year will be carried forward to next recruitment year and they will be considered as in the second year of carry forward in the next recruitment year • As such, no vacancy will be available for carry forward
CASE STUDY 5 – Promotion to the Grade of Section Officers UR SC ST PH TOTAL Sanctioned Strength115 23 11 05 154 Working Strength67 01 25 02 95 Vacancies to be filled up by the(-)48 (-)22 (+)14 (-)03 (-)59 DPC for the Recruitment Year 2004-05 including 25 backlog vacancies of earlier Recruitment Years (as defined in the later part of this problem) plus vacancy arose due to promotion of some Section Officers to the higher grades.
CASE STUDY 5 Backlog Vacancies SC PH TOTAL 2000-01 19 01 20 2001-02 01 00 01 2002-03 020204 22 03 25 Note : In the Recruitment Year 2003-04, there was no physically handicapped candidate in the lower grades for promotion to the post of Section Officer.
CASE STUDY 5 i) 39 candidates will be in the Select panel ii) Backlog vacancies to be carried forward SC PH TOTAL 2000-01 19 00 19 2001-02 01 00 01 2002-03 020002 22 00 22