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Chapter-13 RESERVATION POLICY


Introduction :

The State Article 12


The State includes the Government and Parliament of India and the Government and the Legislature of each of the State and all local or other authorities within the territory of India or under the control of the Government of India.

Article 46
The state shall promote with special care the educational and economic interests of the weaker section of the population, and particular the SCs and STs and shall protect them from social injustice and all forms of exploitation.

Equality before law Article 14


The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth: Article 15:
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. No citizen shall, on grounds only of religion, race, caste, sex, place or birth or any of them, be subject to any disability, liability, restriction or condition with regard to: (a) access to shops, public restaurants, hotels and place of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. For Internal Circulation only Page 1

(2)

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(4)

Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Amendment:
Clause (4) was inserted by the Constitution amendment (First Amendment) Act, 1951.

Equality of opportunity in matters of public employment: Article 16:


1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. Nothing in this article prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State of Union territory, prior to such employment or appointment. Nothing in this article shall prevent the State from making any provision for the reservation or appointments or posts in favour of any backward class of citizens, which, in the opinion of the State, is not adequately represented in the services under the State. Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of that year. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

2.

3.

4.

4A.

4B.

5.

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Amendment:
Clause (4A) was inserted by the Constitutional amendment (77th and 92nd amendment Act, 1995 (92nd amendment was made effective from 17-06-1995). Clause (4B) was inserted by the Constitutional amendment (81st amendment Act, 2000) (Circulated vide Government of India, Department of Personnel & Training O.M. No. 36012/5/97-Estt.(Res.)Vol.II dated 20th July, 2000. .

Claims of Scheduled Castes and Scheduled Tribes to services and posts Article 335
The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. Provided that nothing in this Article shall prevent in making of any provision in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the union or of a State.

Amendment:
Above quoted para was inserted by the 82nd Constitutional amendment Act, 2000. (Circulated vide Government of India, Department of Personnel & Training O.M. No. 26012/23/96-Estt.(Res.)Vol.II dated 3rd October, 2000) (a) Govt. of India had issued orders on 23.12.1970, 21.1.1977 and 10.4.1989 providing guidelines for certain relaxations / concessions in the matter of qualifying marks / standards of evaluation of performance in favour of candidates belonging to SCs / STs while considering them for promotion. The Supreme Court held in S. Vinod Kumar vs. Union of India (JT 1996 (8) SC 643) case that the validity of such lower qualifying marks / lesser standards in the matter of promotion of SCs / STs is not permissible in view of the command contained in Article 335 of the Constitution. In view of this the Govt. withdrew the concession vide Govt. of India, Deptt. of Per. & Trg. O.M. No. 36012/23/96Estt.(Res.), dated 22.7.1997. Consequent to addition of provision to Article 335, as above, the Govt. has now restored the position for lesser standards of evaluation in the matters of promotions of SCs/STs vide Govt. of India, Deptt. of Per. & Trg. O.M.dated 3rd October, 2000.

(b)

(c)

National Commission for Scheduled Castes and Schedule Tribes: Article 338 and 338A
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Earlier under Article 338 of Constitution, the Government of India constituted National commission for Schedule Caste and Schedule Tribes in the year 1992. Consequently vide 89th amendment act, 2003 dated 28-09-2003 the article 338 was amended such that 1. 2. Article 338 became relevant for Scheduled Castes only after the amendment. A new Article, i.e. Article 338A was include in the Constitution after 338, to set up a separate Commission for Schedule Tribes. A person belongs to Schedule Caste / Schedule Tribe can directly approach National / Regional commissions for redressal of his / her grievances

3.

Notification of amendment of Article 338 was issued on 19.2.2004 to enable the Govt. to set up two separate Commissions. Rules for appointment of two commissions, their status, tenure, etc. notified on 20.2.2004.

National Commission for Scheduled Castes: Article 338:


(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. Subject to the provision of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice Chairperson and three other members and the conditions of service and tenure of office of the Chairperson, Vice Chairperson and other Members so appointed shall be such as the President may by rule determine. The Chairperson, Vice Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. The Commission shall have the power to regulate its own procedure. It shall be the duty of the Commission: (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes; to participate and advise on the planning process of socio economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State; to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; For Internal Circulation only Page 4

(2)

(3)

(4) (5)

(b)

(c)

(d)

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(e)

to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Castes; and to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(f)

(6)

The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non acceptance, if any, of any of such recommendations. Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non acceptance, if any, of any of such recommendations. The Commission shall, while investigating any matter referred to in sub clause (a) or inquiring into any complaint referred to in sub clause (b) of clause (5), have all the powers of a Civil court trying a suit and in particular in respect of the following matters, namely:-

(7)

(8)

(a) (b) (c) (d) (e) (f) (9)

summoning and enforcing the attendance of any person from any part of India and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commission for the examination of witnesses and documents; any other matter which the President may, by rule, determine.

The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes.

(10)

In this article, references to the Schedule Castes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo Indian community. Tenure of Office: 3 Years. Status (i) Chairperson Rank of Cabinet Minister (ii) Vice Chairperson Rank of Minister of State BSNL India For Internal Circulation only Page 5

E1-E2 CSS (iii) Members Rank of Secretary to the Govt. of India.

National Commission for Scheduled Tribes: Article 338A.


(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice Chairperson and other Members so appointed shall be such as the President may be rule determine. The Chairperson, Vice Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. The Commission shall have the power to regulate its own procedure. It shall be the duty of the Commission:The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non acceptance, if any, of any of such recommendations. Where any such report, or any part thereof, relates to any matters with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the legislature of the State alongwith a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non acceptance, if any, of any of such recommendations. The Commission shall, while investigating any matter referred to in sub clause (a) of inquiring into any complaint referred to in sub clause (b) of clause (5), have all the powers of a Civil Court trying a suit and in particular in respect of the following matters, namely;(a) (b) (c) (d) (e) (f) (9) summoning and enforcing the attendance of any person from any part of India and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any Court or office; Issuing commission for the examination of witnesses and documents; Any other mater which the President may, by rule, determine.

(2)

(3)

(4) (5) (6)

(7)

(8)

The Union and every State Governments shall consult the Commission on all major policy matters affecting Scheduled Tribes.

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E1-E2 CSS Tenure of Office: Status (i) (ii) (iii) Chairperson Vice Chairperson Members Rank of Cabinet Minister Rank of Minister of State Rank of Secretary to the Govt. of India. 3 Years.

Schedule Castes: Article 341:


(1) The President may, with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Casts in relation to that State or Union territory, as the case may be. Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe, or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(2)

Scheduled Tribes: Article 342


(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or part or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled tribes in relation to that State or Union territory, as the case may be. Parliament may be law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(2)

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Relaxation and concession at a glance


SC/ST 1 2 2 Upper Age Limit 5 Years OBC 3 Years 8 Years

3 4 5

Upper age limit if the 15 Years candidate is handicapped TA to attend Interview Reimbursable- By 2nd classTest shortest Route- To end Frofrom nearest Railway station to the place of interview / Test. Application Fee Fully Exempted Examination Fee Experience / Qualification for Direct Recruitment Standard of suitability Rule of Exclusion Fully Exempted Relaxable at the discretion of Competent Authority. Relaxable Not applicable Applicable Not to be adjusted against reservation quota. Separate for SC/ST.

Not applicable

No exemption No exemption Not Relaxable

6 7 8 9

Relaxable Applicable Not applicable Not to be adjusted against reservation quota. Separate for OBC

Reservation in Promotion Candidates coming on merit in Direct Recruitment. 10 Liaison Officer

N.B. 1. 2. Reservation for SC/ST/OBC put together not to exceed 50% of vacancies in a year. Reservation for SC/ST/OBC put together not to exceed 50% of the cadre.

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INSTITUTIONAL SAFEGUARDS
National Commission for Scheduled Castes and Scheduled Tribes:
Two separate National Commission and 17 Regional Commission, in accordance with the Constitutions, have been set up by the Government. These Commissions are vested with certain powers to functions for the safeguard the interests of the Scheduled Castes and the Scheduled Tribes. Earlier under Article 338 of Constitution, the Government of India constituted National commission for Schedule Caste and Schedule Tribes in the year 1992. Consequently vide 89th amendment act, 2003 dated 28-09-2003 the article 338 was amended such that

4. Article 338 became relevant for Scheduled Castes only after the amendment.

5. A new Article, i.e. Article 338A was include in the Constitution after 338, to set up a separate Commission for Schedule Tribes.

6. A person belongs to Schedule Caste / Schedule Tribe can directly approach National / Regional commissions for redressal of his / her grievances Notification of amendment of Article 338 was issued on 19.2.2004 to enable the Govt. to set up two separate Commissions. Rules for appointment of two commissions, their status, tenure, etc. notified on 20.2.2004.

Committee of Parliament on Welfare of Scheduled Castes/Scheduled Tribes


In addition to the National and Regional Commissions for the schedule case and Schedule Tribes, a Committee of Parliament on the Welfare of Scheduled Castes / Scheduled Tribes was also set up. The committee includes 45 members. 30 members are nominated from Lok Shbha and 15 members are nominated from Rajya Shbha. The Committee inter-alia examines the position regarding representation of Scheduled Castes / Scheduled Tribes in the services under the various Ministries and other government organisations and makes suitable

recommendations for effective implementation of policies and programmes concerning Scheduled Castes and Scheduled Tribes.

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SERVICES SAFEGUARDS
The policy with regard to reservation of posts and services under the State in terms of Article 16(4) of the Constitution of India continued for the Scheduled Castes and Scheduled Tribes both in direct recruitment and promotions. Reservation for Socially and Educationally Backward Classes was introduced with effect from 8-9-1993 as a part of implementation of the Mandal Commission's recommendations. Efforts were intensified by the Government of India to increase the representation of SC and ST in services under the Government of India, Public Sector Enterprises and Nationalised / Public Sector Banks during the year under report by launching a special drive to make good the shortfalls in various categories of posts through recruitment and reserving vacancies to the maximum extent (50%) permissible under the Supreme Court ruling on the matter. On the attainment of Independence, instructions were issued on 21.9.47 providing for reservation of 12.5% of vacancies for SCs in respect of recruitment made by open competition. In case of recruitment otherwise than by open competition this percentage was fixed at 16.67%. After the Constitution was promulgated, MHA, in its Resolution of 13.9.50, provided 5 per cent reservation of STs apart from the percentage fixed for SCs already in force. The 1951 Census showed that the percentage of SCs in the total population was 15.05 per cent and that of ST 6.31%. The percentages were not revised at that time as a comprehensive bill revising the lists of SCs and STs was under consideration. The other reason for not revising the percentage was that reservation had already been provided for SCs in posts filled otherwise than by open competition to the extent of 16.66 per cent and instructions had also been issued for following a regional and local percentage for Group C and Group D posts attracting candidates from a locality or region. The 1961 Census revealed that the Scheduled Castes and Scheduled Tribes population in proportion to the Indian population stood at 14.64 per cent and 6.80 per cent respectively. Accordingly, the percentage of reservation for SCs and STs was increased from 12.5% and 5% to 15 % and 7.5% respectively on 25.3.70. The 1971 Census did not warrant any such review. The actual impact of 1981 Census figures on all India percentages could not be known because the Census of 1981 could not be carried out in the State of Assam. Same is true of 1991 Census as the Census of 1991 could not be held in the State of Jammu and Kashmir. Reservations have been extended to other modes of promotion in stages. In 1957, reservations were provided for Scheduled Castes and Scheduled Tribes in departmental competitive examinations. Reservations in promotion by selection in Group C and Group D were provided in 1963 and in the same year reservation in departmental competitive examination was limited to Group C and D only. The position was slightly changed in 1968 when reservations in limited departmental examination to Group B, C and D and promotion by selection to Group C and D were subjected to a condition that element of direct recruitment should not exceed 50 per cent. Reservation in promotion by seniority subject to fitness came in 1972 subject to the condition that the element of direct recruitment does not exceed 50 per cent. In 1974, reservations in promotion by selection from Group C to Group B, within Group B and from Group B to the lowest rung of Group A were introduced provided the element of direct recruitment does not exceed 50 per cent. The limitation of the direct recruitment not exceeding 50 per cent was raised to 66.67% in 1976 and to 75% in 1989. The Supreme Court had in the Indira Sawhney case permitted the reservation for the Scheduled Castes and Scheduled Tribes in promotion to continue for a period of five years from 16.11.92. Consequent to this judgment the Constitution was amended and Article 16(4A) was incorporated. In pursuance of this Article, instructions have been issued on 13.8.97 to continue BSNL India

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E1-E2 CSS the reservation in promotions for the Scheduled Castes and Scheduled Tribes in the Services/Posts under the Central Government beyond 15.11.97 till such time as the representation of each of these categories in each cadre reaches the prescribed percentages.

READY RECONER OF PERCENTAGE OF RESERVATION AVAILABLE FOR SCs / STs / OBCs IN RECRUITEMENT AND PROMOTION
Sl. No. 1. Method of Recruitment Recruitment on All India Basis i. By open competition (including selections through any Public Service Commission or Banking Recruitment Board without examination) ii. Otherwise than by open competition Promotion Roster Applicable 200 Points (Page No.2.7)

SC-15% ST-7.5% OBC - 27%

2.

3.

SC-16.66% ST-7.5% OBC-25.84% Recruitment to Group C and D posts Proportionately to the normally attracting candidates from populations of SCs and a location or region. STs in the respective states or regions, OBCs upto 27% depending upon the percentages for SCs taken together. Promotions based on i. Departmental competitive SC-15% Exams. to Group B, C and D ST-7.5% posts in which the element of OBC-nill direct recruitment, if any, does not exceed 75%. ii. Selection to Group B, C SC-15% and D and from Group B to ST-7.5% the lowest rung of Group a in OBC-nill which the element of direct recruitment, if any, does not exceed 75%. iii. Seniority subject to SC-15% fitness to Group A, B, C and ST-7.5% D post in which the element OBC-nill of direct recruitment, if any, does not exceed 75%.

120 Points (Page No. 811) 120 Points (Page No.1217)

200 Points (Page No.1824)

200 Points (Page No.1824)

200 Points (Page No.1824)

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PROCEDURAL AND MISCELLANEOUS SAFEGUARDS


1. Representation of SC/ST/OBC, Minorities and Women on Selection Boards/Committees:
Instructions have been issued on 11.7.95 that wherever a Selection Committee/Board exists or has to be constituted for making recruitment to ten of more vacancies in Group C or Group D posts/services, it shall be mandatory to have one member belonging to SC/ST/OBC and one member belonging to Minority Community in such Committees/Boards. Further one of the Members of the Selection Committee/Board whether from the general category or from the minority community or from SC/ST/OBC, should be a lady failing which a lady member should be co-opted on the Committee/Board. It may also be ensured that where the number of vacancies against which selection is to be made is less than ten, no effort should be spared in finding a Scheduled Castes/Scheduled Tribes/Other Backward Classes officer, a Minority Community officer and a lady officer for inclusion in such Committees/Boards.

2.

Examination and interview boards


Whenever recruitment is made on the basis of competitive examinations, centres for such examinations should be set up at all places where a sizable number of tribal candidates appear at examination in addition to the usual centres of examinations. Where selection is made by interview, the Recruitment Boards should be sent to places where there is concentration of candidates belonging to Scheduled Tribes.

3.

Special training programmes

In pursuance of the recommendations of the Parliamentary Committed on the Welfare of Scheduled Castes and Scheduled Tribes, the Ministries/Departments should draw up special training programmes including in-service training programmes in which necessary training could be provided to SC/ST candidates. The training progrmmes should be drawn up in such a way that it should be possible for SC/ST candidates to derive the maximum advantage from such training programmes. The Training division of the Department of Personnel and Training will render technical assistance, if any, needed by the Ministries/Departments in drawing up the training programmes and would also undertake periodical review of such training programmes as and when required.

4.

Forwarding of applications for appointment elsewhere

Applications for employment elsewhere of temporary or permanent Central Government servants belonging to SCs/STs should be readily forwarded except in very rare cases where there may be compelling grounds of public interest for withholding such applications. The withholding of applications should be an exception rather than a rule in the case of SC/ST employees who should be afforded every facility for improving their prospects. In cases where such applications are withheld and could not be forwarded due to compelling grounds of public interest, they should be reported within a month to the Liaison Officer in the Administrative Ministry/Department or in offices under the Head of Department.

5.

Selection of persons for posts abroad

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E1-E2 CSS Whenever a Ministry/Department, etc., makes selection of persons for posting in its units, etc., located in a foreign country, it should see that eligible employees belonging to SCs/STs are also considered along with others for such postings.

6.

Effectiveness in the development and protection of SCs/STs to be indicated in Confidential Reports.

The Reporting Officers should give their specific comments on the effectiveness of the officers dealing with development and protection of Scheduled Castes and/or Scheduled Tribes, in the column in the Reporting Officers part of Confidential Reports. All cadre controlling authorities are to incorporate in the Reporting Officers part of the CR form a column as under Effectiveness in the development and protection of Scheduled Castes and/or Scheduled Tribes : Attitude towards Scheduled Castes and/or Scheduled Tribes. Sensitivity to social justice. Ability to take quick and effective action to prevent and quell atrocities and ensure justice to Scheduled Castes and/or Scheduled Tribes. Effectiveness in bringing about the development of Scheduled Castes and/or Scheduled Tribes.

7.

Terms Scheduled Caste/Scheduled Tribe only to be used in all official matters and not Harijan/Girijan.

For all official transactions, matters, dealings, certificates, etc., the Constitutional terms Scheduled Castes and Scheduled Tribes in English and their appropriate translation in other national languages should alone be used for denoting the persons belonging to these categories, and the terms Harijan/Girijan should not be used.

8.

SC/ST employees may write direct to National Commission for SCs/STs.

SC/ST employees are permitted to write to the National Commission for Scheduled Castes and Scheduled Tribes direct on matters relating to appointments against the reserved quota. It is not necessary for them to seek prior permission of the concerned administrative Ministries/Departments for sending their representations to the Commission. 9. Reservation of Seats in Gram Panchayats Article 243D of the constitution provide provision for the reservation of seats for SC and ST in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area. The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.

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10.

Educational Safeguard
The importance of educational development of the weaker sections of the society was recognized many decades ago by the Government of India and extended incentives and concessions to these sections of society (now SCs and STs) vide the Government of India Act, 1935. After independence and on the adoption of the Constitution, safeguards were built into the administrative system through special provisions incorporated in the Constitution. The Articles which contain educational safeguards for SC & ST are 29(1), 46, 15(4), and 350 A. Of these Articles 15(4) and 46 are more important in so far as educational development is concerned. Article 46 included among the Directive Principles of State Policy provides that the "State shall promote with special care the educational and economic interests of the weaker sections of the people, and particularly of those belonging to the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice and from all forms of exploitation". This article did not give any power to the Government to take or adopt any specific measure for educational development of Scheduled Castes and Scheduled Tribes. Article 15 of the Constitution was, therefore, amended through the Constitution (First Amendment) Act, 1951 and Clause 4 added to it Article 15(4). This empowered the State to make special provisions for the educational development of SC & ST and as a result the Government reserved seats for SC & ST in educational institutions including technical and professional institutions like medical and engineering colleges. In response to the special obligation placed on the Government of India by Article 15(4) of the Constitution to make special provisions, the then Ministry of Education (now Ministry of Human Resource Development) for the first time addressed letter on 23-11-1954 to the Chief Secretaries of all the State Governments suggesting that 20% seats should be reserved for the Scheduled Castes and Scheduled Tribes in educational institutions with a provision of 5% relaxation in minimum qualifying marks for admission wherever required. This was slightly modified in April, 1964, where a distinct percentage of 15% for Scheduled Castes, and 5% for Scheduled Tribes was laid down and was also made interchangeable. The Ministry of Health and Family Welfare also came forward and separately issued letters to the Vice Chancellors of the Universities having Medical Faculties to reserve 15% seats for Scheduled Castes and 5% for Scheduled Tribes with 5% relaxation in minimum qualifying marks for admission to all post-graduate medical and Dental colleges. The University Grants Commission had also issued guidelines to the Universities and colleges under their respective control to ensure that the Scheduled Caste and Scheduled Tribe students were allowed due concession in the matter of admission in all under graduate as well as post-graduate courses in the various streams. The percentage of reservation for Scheduled Tribes was revised upwards from 5% to 7.5% in 1982. At present the following percentage are allowed for Scheduled Caste and Scheduled Tribe students in admission to the various undergraduate and post-graduate courses of general; technical, medical and other professional education in the Universities and colleges: Scheduled Castes: 15% Scheduled Tribes: 7.5% Reservation for SC & ST is also available in the allotment of seats in general hostels. In addition to the above safeguards for admission in educational institutions and allotment of seats in general hostels, the Central and State Governments have initiated a number of other measures like award of various types of scholarships / stipends /

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E1-E2 CSS opening of book banks for engineering and medical students, mid-day meals, books, stationery and uniforms etc., (for primary school students) for development of education among the Scheduled Castes and Scheduled Tribes.

Girls' hostels for SC & ST


This scheme was started in the Third Five Year Plan with the intention to enable SC / ST girls students to pursue education at pre-matric and post-matric levels even at places away from their homes which they otherwise would not have been able to do for want of accommodation. This centrally sponsored scheme is implemented on 50:50 basis (100% in other UTs) for construction of hostel buildings, extension of existing hostels for SC/ST girls studying in middle and higher levels of education. Central assistance is also provided to the voluntary organizations Non-Govt. / Private organizations only for the extension of hostels provided the organization is willing to cover 10% of the total expenditure and remaining 90% in such cases is shareable between the Central and State Government on 50:50 basis. In the capacity of 100 inmates, 10% of the seats are to be reserved for non-SC / ST students. The maintenance of the hostels is the responsibility of the concerned States / UTs. They should have to make adequate provisions in the budget. This would, also help in checking the high drop-out rate among SC/ST women. This centrally sponsored scheme started in 198990 is implemented on the same pattern as that of girls hostels mentioned earlier.

National Overseas Scholarship For SC, ST And Other Students And Passage Grants For Higher Studies Abroad
Scholarships under this scheme are provided to meritorious SC/ST, Denotified, Nomadic and Semi-nomadic tribes, SC converts to other religion and the children of landless Agricultural Labourers/Traditional Artisans for advanced degree and postdoctoral studies abroad. Passage grants are also provided to students who are in receipt of a merit scholarship from a foreign Government or institution, in case such scholarships does not include the costs of passage. 30 National overseas scholarships and 9 passage grants are available each year.

Admissions Of SC/ST In Higher Education With Particular Reference To Central Universities


It is a Constitutional obligation that the provisions of reservation for SC/ST as embodied in the Constitution of India and the policy of the Government of India framed in this regard from time to time for the up-liftment of these communities is followed in the field of higher education also. With a view to meeting this requirement the UGC which is an apex body had been bringing to the notice of the University Colleges and the State Govts. the guide- lines of the Government of India regarding reservation for SC/ST in the matter of Universities and Colleges. The UGC was set up in 1956 by an Act of Parliament for the promotion of University Education and determination and maintenance of standards in teaching, examination and re- search. This was necessary as the Constitution of India envisages that coordination of higher education is a central responsibility. The UGC functions as per provisions contained in its Act (UGC, Act 1956) and rules regulations framed as per the provisions in the Act. In order to bring SC/ST to the main stream of life and see that they also get proper representation in different courses of higher education being provided by the Colleges/Universities including Central Universities UGC has been contributing BSNL India

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E1-E2 CSS towards social equity and up-liftment of the underprivileged sections of society through special schemes as well as specific provisions for these sections within regular schemes. Different percentage of reservations have been fixed for SC/ST in the Universities of different States in accordance with the percentages of SC/ST population to the total population of that state. The broad principal is that the reservation percentage for SC/ST should not be less than their population percentage. In the case of Central Universities, the percentage of reservation is 15% for SC and 7.5% for ST. It is implied that all reserved seats according to the percentage of reservation fixed should be filled up. There had been ample of guidelines issued by the UGC by following which it would have been possible to fulfill reservation. However to put the matter on still clearer and firmer basis the UGC issued revised guidelines for full implementation of reservation in admission. These guidelines were issued by the Additional Secretary vide his D. O. letter F-8-1093(SCT) dated 15th June, 1993 to fully cooperate and help in bringing about complete success- in implementation of reservation policy in the Universities. The revised guidelines are quite comprehensive and if implemented properly, would go a long way in fulfilling the aspirations of the SC/ST to get higher education in different streams. In order to look at the actual representation of SC & ST students in different courses in the Central Universities, efforts were made to collect information from the UGC. The information pertains to six faculties i.e. Humanities and Social Sciences, Science including Agricultural Sciences, Engineering Technology, Medical Sciences, Professional Courses other than Medical and Engineering Technology and other Courses for the year 1992-93. The information tabulated -and given at Table 1 gives a very dismal picture of the representations of SC & ST students in the above mentioned courses. Course wise breakup in respect of Jamia Milia Islamia and Banaras Hindu University was not available and no information in respect of Indira Gandhi Open University was made available to the UGC. Based on the information made available by UGC it may be seen that representation of SCs in different courses ranged from 2.60% to 9.92% and in respect of STs it was 0.09% to 6.41%. Their representations are nowhere close to 15% and 7.5% as prescribed in case of Central Universities. This is a matter of serious concern and the concerned Universities, UGC and Ministry of Human Resources Development should try to find out the causes of poor representation of these communities in these courses. As mentioned earlier we shall have to ensure that intake at primary, middle and secondary levels is increased and at the same time the dropout and wastage at these levels are checked, and those promising among these communities are picked up and placed in the public schools and they should be provided extra coaching from lower levels so that they may compete with other students and their representation may also increase in different courses. As mentioned earlier the Centrally Sponsored scheme of up-gradation of merit of SC/ST should be fully exploited in this regard. Besides the above mentioned scheme the concerned Universities should also ensure that remedial courses meant for SC/ST students are regularly continued and those universities which have not started these courses should start without any further loss of time. 11. Miscellaneous Complaints

The Commission has also been receiving complaints of miscellaneous nature which do not involve breach of any particular safeguard or right of SC/ST under the Constitution, a law or an order of the Government but where the Complainants feel harassed or inconvenienced or seek help. BSNL India

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E1-E2 CSS During 1993-94, the Commission received about three hundred petitions containing complaints of miscellaneous nature. These petitions included cases of requests for providing financial assistance for community services, extension of welfare schemes and some problems faced by individuals belonging to SC/ST like non payment of their dues, denying facilities meant for SC/ST people, etc. a. Nineteen cases were received which sought financial assistance. Most of these cases related to matters like construction of houses, providing financial assistance to SC/ST, compensation due to loss of property in fire, help for higher education, training courses, establishment of village or small scale industries, etc. All cases have been taken up with the concerned authorities for taking necessary action. In addition to this fourteen cases relating to community services were received in the Commission, out of which five cases relate to activities of Societies, cleanliness and providing basic facilities to SC/ST. Cases have been taken up with the concerned authorities. In many cases replies are awaited. Four cases related to digging of tubewells for SC/ST, hospital facilities, establishing of rest-houses and developmental problems of SC/ST. Cases regarding welfare schemes of SC / ST were also received in the Commission from SC / ST representationists of various States / UTs. In many of these cases, the representation was regarding waiver of loan or enhancement of loan limit. These cases have also been taken up with the concerned authorities. In one case the concerned authority informed that the petitioner was not entitled to waiver of loan. In another case regarding enhancement of loan limit, the Commission did not take any action as the petitioner had requested the Commission to approach the bank authorities for enhancement of bank loan, which the Commission feels, is outside its working area. A case regarding penalty imposed on a Scheduled Caste L.P.G. dealer was received. The case was taken up with the principal, i.e., M/s Bharat Petroleum Ltd. The Company informed that the dealer was involved in malpractices and was issuing irregular unauthorised gas connections and that was the reason why penalty was imposed. The Commission did not find any reason to pursue the matter further. Other cases received were regarding such matters as providing electricity connections and allotment of land, etc., to persons belonging to SC/ST. The requests have been taken up with the concerned authorities for suitable action although they are not cases of violation of any safeguard or right. Four cases regarding illegal and forceful occupation of shops of SC persons by higher caste people were received. Out of these four cases one was sub-judice. Other cases were referred to concerned authorities for suitable action. The Commission received 22 petitions regarding general problems of SC/ST. Most of the cases were regarding alleged harassment of SC/ST over different matters such as non-payment of salaries, some demands of SC/ST and developmental problems, etc. All the cases were referred to State Governments or the authorities concerned for suitable action except for one case which did not fall under the purview of this Commission. Final replies in the above cases are still awaited. Two petitions regarding provision of better drinking water facilities to SC/ST were also received. Both the cases were taken up with concerned authorities for suitable action. A case regarding death of tribals in Madhya Pradesh allegedly due to malaria was received in this Commission. It could not be established that the deaths had occurred due to malaria but were caused by different ailments and old age. However, the State Government has been advised to take up concerted programmes for these

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E1-E2 CSS primitive tribals for whom nothing much seems to have been done. A case was received regarding removal of a liquor godown. The concerned District Magistrate was requested to take necessary action in the matter. A complaint was received regarding cheating of a SC person on the pretext of giving employment to his daughter. The petitioner was advised to approach the local police. Maintenance of cleanliness in a SC basti was the subject matter of another petition received. The District Collector was requested to take suitable action. Case regarding cancellation of traveling agency belonging to a SC person was received. The matter was taken up with the concerned authority (Indian Airlines) and it was found that the petitioner himself was involved in malpractices and had no prima facie case for the Commission to take any further action.

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j. k.

Preference in allotment of Distributive agencies/dealership for petroleum products Article 46 included among the Directive Principles of State policy provides: "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Caste and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation". Article 15(4) empowers the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes. Efforts made in the country for the development of Scheduled Castes and Scheduled Tribes have not resulted in bringing about substantial improvement in their economic condition primarily on account of the enormity of the problem. One such area of support is in the matter of providing dealerships to them in the commodities over which the State exercise control. Reservation of 25% in dealerships for Scheduled Castes and Scheduled Tribes was introduced by then Ministry of Petroleum, Chemicals and Fertilizers in September, 1977. From September 1977 to June 1980 advertisements for dealership were common for all categories with preference to applicants belonging to Scheduled Castes and Scheduled Tribes, subject to other things being equal. Guidelines were revised by the Ministry in June, 1980 and it was desired that locations for new dealerships to be allotted to Scheduled Caste and Scheduled Tribe persons may be predetermined by the industry and a roster maintained State wise. There are four Public Sector Corporations engaged in Petroleum activities, viz; Indian Oil Corporation Ltd; Hindustan Petroleum Corporation Ltd; Bharat Petroleum Corporation Ltd; and Indo-Burma Petroleum Ltd. These four Corporations allot the dealership/distributive agencies for petrol, diesel, Superior Kerosine Oil and L.P.G. etc. 25% of all these dealerships are reserved for Scheduled Castes and Scheduled Tribes. Further keeping in view of the fact that the majority population in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram belong to Scheduled Tribes, the percentage reservation of dealerships etc. for Scheduled Tribes in these The Indian oil Corporation began implementing reservation orders from the year 1974 for all their agencies/dealership excepting 'B' site retail outlets i.e. dealer owned and dealer-operated outlets. Other companies were nationalised later and reservation in dealership allotment was made effective in respect of these companies only from 23-977. The Government has accepted reservation in allotment of quotas in dealership in petroleum products. In this regard the first step would be to ensure that these BSNL India

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E1-E2 CSS opportunities are brought to the notice of aspirants SC & ST who are actually potential beneficiaries. It will also be necessary to suitably modify the terms and conditions of the agency which may vary from one area to another depending on the general socioeconomic conditions in each case so that adequate number of potential candidates come forward to take up the agencies. Particularly in the more backward areas even the relaxed conditions may be quite stiff. Therefore, to workout a system of assistance directly or in collaboration with other institutions to enable those who do not have their own resources to come into this business. When any individual SC/ST may take any agency he must be helped to stabilise himself in the area which is unknown to him. The above mentioned steps are taken and carefully looked after by the institution/Government. In this way the constitutional obligation has been fully discharged. Ministry of Petroleum and Natural Gas has issued letter to four PSUs saying that reservation will be provided to the members of Scheduled Castes/Scheduled Tribes in the matter of engaging road transport trucks for movement of all petroleum products such as LPG, HS/HSD, BKO, Lubes etc. in bulk or packed by the Public Sector Oil Companies. The percentage of reservation will be 15% and 7 1/2% for Scheduled Castes and Scheduled Tribes respectively on all India basis. The Scheduled Caste./Scheduled Tribe members should, however, fulfill all tender conditions and they will not be eligible for any price preference or relaxation of standards. If adequate number of Scheduled Caste/Scheduled Tribe candidates are not available in any particular year the unfilled quota may be allotted to the unreserved categories in that year. However, the unfilled quota may be carried forward to the next tender also and offered to Scheduled Caste/Scheduled Tribe candidates. If the quota of the previous tender is not filled even in the next tender, the unfilled quota of the previous tender may be de-reserved and allotted to general categories. This reservation policy was to be made operative w.e.f. 18.8.1994 and was to be made applicable to all future cases where new transportation agreements have to be concluded by the oil companies. Eleven representations were received regarding allotment of dealership/agencies for L.P.G. in the Commission. In seven cases requests were made by the representationists that their cases may be recommended by the Commission or the Commission recommend for grant of dealership. It does not come within the purview of the Commission to recommend cases for dealership agencies without any specific and valid grounds of violation/deprivation of economic or any type of safeguards for SC/ST. Four cases have been taken up with the authorities.

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E1-E2 CSS RESERVATION ROSTER GUIDELINES To give proper effect to the percentages of reservation prescribed by the Govt. of India for SCs, STs and OBCs every appointing authority shall treat the vacancies as reserved or unreserved according to the respective reservation rosters. Initially the vacancy-based rosters were prescribed I order to implement the Govt. Policy on reservation of jobs for the SCs, STs and the OBCs. Each vacancy was treated as reserved or unreserved as per the roster point on which it fell. The application of the percentages of reservation through the vacancy-based roster was called into question before courts. The constitution Bench of the Supreme Court in the case of R.K. Sabharwal Vs State of Punjab as well as J.C.Malik vs. Ministry of Railways, held in 1995 that the reservation of jobs for the backward classes i.e. SC, ST and OBC should apply to posts and not to vacancies. Accordingly the vacancy-based rosters were replaced by the Govt. of India by post-based rosters with effect form 02.07.1997, as per details below: 1. Recruitment made on all India basis by open / written competitive examination the 200 point roster (refer DoPT Order No. 36012/2/96/Estt (Res), dated 2nd July, 1997). 2. Recruitment made on all India basis otherwise than by open / written competitive examination in the 120 point roster (refer DoPT Order No. 36012/2/96-Estt (Res), dated 2nd July, 1997). 3. Recruitment of Group C and D posts attracting candidates form a locality or region through Employment Exchange according to 100 point roster (refer DoPT Order No. 36012/2/96-Estt (Res), dated 2nd July, 1997). 4. Posts filled by promotion to which reservation orders apply, in the 200 points roster (refer DoPT Order No. 36012/2/96-Estt (Res), dated 2nd July, 1997). The Post-based roster would be prepared on the following principles: 1. Since reservation for OBCs does not apply to promotions, there shall be separate rosters for direct recruitment and for promotions. 2. The number of points in the roster shall be equal to the number of posts in the cadre. In case there is any increase or decrease in the cadre strength in future, the rosters shall be expanded / contracted correspondingly. 3. Cadre for the purpose of a roster shall mean a particular grade and shall comprise the number of posts to be filled by a particular mode of recruitment in terms of the applicable recruitment rules. Thus in a cadre of say 200 points, where the recruitment rules prescribed a ratio of 50:50 for direct recruitment and promotion, two rosters one for direct recruitment and one for promotion (when reservation in promotion applies) each comprising 100 points shall be drawn up on the lines of the respective model rosters. 4. Since reservation does not apply to transfer on deputation/transfer, where the recruitment rules prescribe a percentage of post to be filled by this methods , such posts shall be excluded while preparing the roster. 5. In small cadres of up to 13 posts, the method prescribed for preparation of rosters does not permit reservation to be made for all the three categories. In such cases, the administrative Ministries/Department may consider grouping of posts in different cadres as prescribed in MHA OM No. 4221/49-NGS dated 28.01.1952 and subsequent orders reproduced at pages 70 to 74 of the Brochure on Reservation for Scheduled Castes and Scheduled Tribes (8th Edition) and prepare common rosters for such groups. In the event it is not possible to resort to such grouping the rotational rosters for cadre strength upto 13 posts may be followed. 6. At the stage of initial operation of roster with effect from 02.07.97, it will be necessary to adjust the existing appointments in the roster. This will also help in identifying the BSNL India

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E1-E2 CSS excesses/shortages, if any, in respective categories in the cadre. This may be done starting from the earliest appointments and making an appropriate remark utilized by SC/ST/OBC/GEN, as the case may be against each point in the rosters as explained in the explanatory notes reproduced below. In making these adjustments, appointments of candidates belonging to SC/ST/OBCs which were made on merit (and not due to reservation) are not be counted towards reservation. In other words, they are to be treated as general category appointments. SC/ST candidates appointed on their own merit (by Direct Recruitment or Promotion) and adjusted against unreserved points will retain their status of SC/ST/OBC and will be eligible to get unreserved benefit of reservation in future or further promotions, if any. 50% limit on reservation will be computed by excluding such reserved category candidates who are appointed / promoted on their own merit without violating any relaxation/concession or against unreserved points/vacancies. 7. Excess, if any, would be adjusted through future appointments and the existing appointments would not be disturbed. The principles of operating these rosters as explained in the detailed instructions have been reproduced below: 1. As hitherto, those rosters are only an aid to determine the entitlement of different categories with regard to the quota prescribed for them. They are not to determine seniority. The model rosters have been drawn up keeping in mind two fundamental principles i.e. the reservation for the entitled categories is to be kept within the prescribed percentage of reservation and the reservation should in no case exceed 50% of the cadre. There should be separate rosters for direct recruitment and for promotion where reservation in promotion applies. The number of points in each roster shall be equal to the number of posts in a cadre. While cadre is generally to be construed as the number of posts in a particular grade, for the purpose of preparation of roster, it shall comprise posts required to be filled by a particular mode of recruitment in terms of the applicable recruitment rules. To illustrate in a cadre comprising 200 posts, where the recruitment rules prescribe a ratio of 50:50 for direct recruitment and promotions the roster for direct recruitment shall have 100 points and that for promotion also shall have 100 points. thus making a total of 200. As indicated in the model roster, the method for making a roster is to multiply each post by the prescribed percentage of reservation for the different reserved categories. The point at which the multiple for a community obtains a complete number or oversteps the number is to be reserved for that community while taking care to evenly space out the different reserved categories. Thus, at point no. 15, in the roster at Annexure-II both OBC and SC gets entitled. However, since earlier reserved point has gone to OBC, point No. 15 has been reserved for SC and point no. 16 for OBC. Since reservation does not apply to transfer/transfer on deputation, where rules prescribed a percentage of posts to be filled by this method, the corresponding proportion of posts should be excluded while drawing up rosters. It would be noted that at the end of the roster squeezing has been done for the reserved categories to reach the number of posts to be reserved for them without violating the 50% limits laid down by the Courts, While drawing up rosters, the cadre controlling authorities should similarly Squeeze the last point of the roster. Such squeezing may not, however be done where it would violate the rule of 50%. Whenever there is any increase or decrease in the cadre strength the roster shall be correspondingly expanded or contracted. The same will also apply whenever there is a

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E1-E2 CSS change in recruitment rules, which affects the proportion of posts to be filled by a particular mode of recruitment. The roster is to be operated on the principle of replacement and not as a running account as hitherto. In other works the points, at which reservation for different categories applied are fixed as per the roster and vacancies caused by retirement etc. of persons occupying those points shall be filled by appointment of persons of the respective categories. While operating the roster, person belonging to communities for whom reservation has been made, but who are appointed on merit and not owing to reservation, should not be shown against reserved points. They will occupy the unreserved points. In case of all cadres (up to 13 posts) all the posts shall be earmarked on the same pattern as in the model post based rosters. Initial recruitment against these posts shall be by the category for which the post is earmarked. Replacement of incumbents of posts shall be by rotation as shown horizontal against the cadre strength as applicable. While operating the relevant roster, care will have to be taken to ensure that on no occasion the percentage of reserved category candidates exceed 50%. If such a situation occurs at any time, the relevant reserved point occurring, as a result of rotation will be skipped. At the point of initial operation of the roster, it will be necessary to determine the actual representation of the incumbents belonging to different categories in a cadre vis--vis the points earmarked for each category viz. SC/ST/OBC and General in the roster. This may be done by plotting the appointments made against each point of roster starting with the earliest appointee. Thus, if the earlier appointee in the cadre happens to be a candidate belonging to the Schedule Castes, against point no. 1 of the roster, the remarks utilized by SC shall be entered. If the next appointee is a general category candidate, the remark utilized by general category shall be made against point no. 2 and so on and so forth till all appointments are adjusted in the respective rosters. In making adjustments, SC/ST/OBC candidates on merit, shall be treated as general category candidates. After completing the adjustment as indicated above, a tally should be made to determine the actual percentages of representation of appointees belonging to the different categories in the cadre. If there is an excess representation of any of the reserved categories, or if the total representation of the reserved categories exceeds 50%, it shall be adjusted in the future recruitment. Vacancies arising from retirement etc. of candidates belonging to such categories shall be filled by appointment of candidates belonging to the categories to which the relevant roster points, against which the excess occur, belong. Since recruitment is generally vacancy based, it may happen that the actual number of promotes and direct recruits in the cadre does not correspond to the number of points earmarked in the respective reservation roster. For the purpose of calculations of representation of reserved category in a cadre, total of promotes and direct recruits may be taken. Rectification of the representation as per prescribed percentage by the prescribed mode of recruitment at the earliest possible should, however, be the goal.

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ANNEXURE-I
EXPLANATORY NOTES:

Principles for making and operating post-based rosters.


1. As hitherto, these rosters are only an aid to determine the entitlement of different categories with regard to the quota reserved for them. They are not to determine seniority. The model rosters have been drawn up keeping in mind two fundamental principles the reservation for the entitled categories is to be kept within the prescribed percentage of reservation and the total reservation should in no case exceed 50% of the cadre. There should be separate rosters for direct recruitment and for promotions where reservation in promotion applies. The number of points in each roster shall be equal to the number of posts in a cadre. While cadre is generally to be construed as the number of posts in a particular grade, for the purpose of preparation of roster, it shall comprise posts required to be filled by a particular mode of recruitment in terms of the applicable recruitment rules. To illustrate, in a cadre comprising 200 posts, where the recruitment rules prescribe a ratio of 50:50 for direct recruitment and promotions, the roster for direct recruitment shall have 100 points and that for promotion shall have 100 points-this making a total of 200. As indicated in the model roster, the method for making a roster is to multiply each post by the prescribed percentages of reservation for the different reserved categories. The point at which the multiple for a community obtain a complete number or oversteps the number is to be reserved for that community while taking care to evenly space out the different reserved categories, Thus, at point No. 15, in the roster at Annexure-II, both OBC and SC get entitled. However, since earlier reserved point has gone to OBC, point No. 15 has been reserved for SC and point No. 16 for OBC. Since reservation does not apply to transfer/transfer on deputation, where rules prescribe a percentage of posts to be filled by this method, the corresponding proportion of posts should be excluded while drawing up the rosters. It would be noted that at the end of the roster, squeezing has been done for the reserved categories to reach the number of posts to be reserved for them without violating the 50% limit laid down by the Courts. While drawing up rosters, the cadre controlling authorities should similarly squeeze the last points of the roster. Such squeezing may not, however, be done where it would violate the rule of 50%. Whenever there is any increase or decrease in the cadre strength, the roster shall be correspondingly expanded or contracted. The same will also apply whenever there is a change in recruitment rules which affects the proportion of posts to be filled by a particular mode of recruitment. The roster is to be operated on the principle of replacement and not as a running account as hitherto. In other words, the points at which reservation for different categories applies are fixed as per the roster and vacancies caused by retirement etc; of persons occupying those points shall be filled by appointment of persons of the respective categories. While operating the roster, persons belonging to communities for whom reservation has been made, but who were appointed on merit and not owing to reservation, should not be shown against reserved points. They will occupy the unreserved points.

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E1-E2 CSS 12. In the case of small cadres (up to 13 posts), all the posts shall be earmarked on the same pattern as in the model post-based rosters. Initial recruitment against these posts shall be by the category for which the post is earmarked. Replacement of incumbents of posts shall be by rotation as shown horizontally against the cadre strength as applicable. While operating the relevant roster, care will have to be taken to ensure that on no occasion the percentage of reserved category candidates exceed 50%. If such a situation occurs at any time, the relevant reserved point occurring as a result of rotation will be skipped.

Initial Operation. 1. At the point of initial operation of the roster, it will be necessary to determine the actual representation of the incumbents belonging to different categories in a cadre vis--vis the points earmarked for each category viz., SC/ST/OBC and General in the roster. This may be done by plotting the appointments made against each point of roster starting with the earliest appointee. Thus, if the earlier appointee in the cadre happens to be a candidate belonging to the Schedule Castes, against point No. 1 of the roster, the remark utilized by SC shall be entered. If the next appointee is a general category candidate, the remark utilized by general category shall be made against point No. 2: and so on and so forth till all appointments are adjusted in the respective rosters, In making these adjustments, SC/ST/OBC candidates on merit, in direct recruitment, shall be treated as general category candidates. 2. After completing the adjustment as indicated above, a tally should be made to determine the actual percentages of representation of appointees belonging to the different categories in the cadre. If the are an excess representation of any of the reserved categories, or if the total representation of the reserved categories exceeds 50%, it shall be adjusted in the future recruitment. Vacancies arising from retirement, etc, of candidates belonging to such categories shall be filled by appointment of candidates belonging to the categories to which the relevant roster points, against which the excesses occur, belong. 3. Since recruitment is generally vacancy-based, it may happen that the actual number of promotees and direct recruits in the cadre does not correspond to the number of posts earmarked in the respective reservation roster. For the purpose of calculations of representation of reserved category in a cadre, total of promotees and direct recruits may be taken. Rectification of the representation as per prescribed percentage by the prescribed mode of recruitment at the earliest possible should however be the goal.

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DOUBTS & CLARIFICATIONS IN RESPECT OF MAINTE NANCE OF POSTBASED REVISED RESERVATION ROSTERS (Ref. DoP&T OM No. 36012/2/96-Estt. (Res.) DATED 2-7-1997) Sl. Doubts Clarification No.
1 Whether the new revised rosters will be effective from the pane! year 1998 i.e., 1-11998 and whether the concept of panel year and cut off date (1st October of the panel year) will continue to be applicable? Government orders on post- based rosters are effective from July 2, 1997. Recruitments/pro motions made on or after July 2, 1997 have to be based on post- based rosters. The existing concept of panel year and cut off date will continue to be applicable. As the posts of Senior AO/AAO/ Senior Auditor / Senior Accountant are promotional posts for AO / SO / Auditor / Accountant reactively, separate rosters are to be maintained for lower and higher posts.

3(a)

(b)

(c)

Whether combined rosters for Senior AO: AO/AAO: SO/Senior Auditor: Auditor/Senior Ac c Accountant cadres taking into account the combined strength of higher and lower cadres are to be maintained or separate rosters for higher and lower cadres are to be maintained? For preparing the roster, the total strength borne on each lower and higher cadre will be taken into account. The rosters may have to be expanded/contracted depending upon the in crease/decrease in the strength. How the excess persons over sanctioned Roster is to be prepared taking into account strength (due to due to deputation, etc.) in a the total strength of the cadre. cadre are to be shown in the roster? Whether the reserved category persons Yes working above the sanctioned strength will also count towards determining the representation of those Yreserved categories? How the excess of SC/ST over their Roster is to be prepared as per 3 required percentages in a cadre is to be (a) above and the incumbents are to be plotted shown in the roster at the time of its initial against each point of the roster as explained in operation? Annexure-I of DP & T, O.M. dated2-7-1997. The excess representation of SC/ST, if any, would be adjusted in future appointments as per Para. 2of caption Initial Operation of Annexure-l ibid Whether in a cadre where number of reserved category candidates are less than their required percentages, only reserved category candidates should be filled till such time their prescribed percentage are reached? Whether existing quantum of reservation as per regional percentages would continue or it is to be revised as 15% for SC, 71/2 % for ST and 27% for OBCs as shown in Annexure-Il of DoP&T O.M., dated 2-71997? While filling up the reserved category posts as per their prescribed percentages, the limit of 50% reservation in a year in each cadre will have to be kept in view.

(d)

In the cases of direct recruitment, the existing quantum of reservation as per regional percentage applicable to different States/i/n ton Territories and shown in An Annexure-Il of DoP & T O.M. No. 36012/ 22/93-Estt. (SCT), dated 29-12-1993 would continue to be applicable.

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5(a)

Doubts
Reserved category candidates appointed through direct recruitment on the basis of their own merit are not to be counted against reserved points. Does it apply to promotion cases also? Whether reserved category candidates recruited on the basis of their own merit and treated as unreserved will be allowed the benefits of reservation in promotion to next higher post? No

Clarification

(b)

(c)

(d)

6 7(a)

(b)

(c)

Treating a reserved category candidate as unreserved does not take away his/her status as belonging to reserved category. In future promotion, such candidate would retain his/her caste status and will be allowed the benefits of reservation accordingly. Whether a senior most official in a cadre Yes, but he would be shown against reserved belonging, to reserved category considered category to which he belongs for the purpose fit for pro motion on seniority-cum-fitness of future adjustment. basis will be promoted to higher post despite excess representation of such reserved category in that higher post? Also, whether he would be shown against unreserved point in the roster? Whether 50% limit on reservation would In the cases of direct recruitment, 50% limit apply in the cases of reserved category on reservation will be computed excluding candidates who are selected on their own such cases. But in promotion, they will be merit in recruitment/promotion? taken into account for determining the limit of 50%. Whether separate rosters for se lection and Yes, separate rosters for selection and nonnon-selection posts are to be maintained? selection posts are to be maintained. How the total representation of reserved Representation of each reserved category is categories in a cadre is to be determined first to be determined separately as per the when the percentage of reservation in prescribed percentages of reservation promotion and in direct recruitment are applicable to different methods of different? appointment, i.e., promotion and direct recruitment and then them total representation of respective re served category in the cadre is to be worked out (See illustration No.1) How the excess persons working against Under the existing vacancy-based recruitment promotion quota in a cadre having both Rules, number of posts in a particular quota is methods of appointment i.e., promotion and not specified and as such there is no question direct recruitment are to be adjusted in the of adjustment of excess or less number of roster at the initial stage and thereafter? persons in a particular quota. Separate rosters are to he prepared for different methods of appointment taking into account the strength of incumbents coming under a particular method of appointment Whether promotion is to be stopped till the Promotions will continue to be made on the basis of available vacancies and their prescribed quota is reached? allocation as per Recruitment Rules. How the excess or less representation of a The representation of respective reserved reserved category (or categories) in separate categories should not exceed the prescribed methods of appointment in a cadre are to be percentages. as worked out in Si. No. 7 (a). adjusted? taking into account their combined representation in direct recruitment as well as promotion. Adjustments of representation of reserved categories between different methods

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(d)

Doubts

Clarification

9(a)

(b)

(c) (d)

(e)

of appointment in a cadre may be effected accordingly. Whether present 20-point roster maintained Yes, it would continue. for equitable distribution of direct recruits and promotees would continue? How the backlog of SC/STI OBCs is to be Backlog of SC/ST/OBCs is to he determined cleared through future recruitments in view afresh as per the revised post-based rosters. of the 50% limitation on recruitment and the Vacancies against reserved points will total reservation limit being 50% of the continue to be filled keeping in view the limit posts?. of 50% reservation on total vacancies being filled in a panel year. Whether the existing practice of Yes, the practice of degeneration would degeneration would continue in continue the cases of non-availability of eligible reserved category candidates or the reserved Detailed instructions in this regard will points in Doubts the roster are to be kept follow. unfilled till eligible candidates of reserved category become available? Whether the carried-forward re served The reserved vacancies are to be determined vacancies would be considered in fresh afresh on the basis of post-based revised panels or would lapse due to rosters and are to be carried forward for future implementation of post-based revised adjustments. rosters? Whether the existing practice of exchange Yes between SC and ST would continue? Whether restriction of not more than 50% of Yes vacancies to be filled in a recruitment year by re served categories would continue to be applicable? Whether provisions contained in DoP&T Yes O.M.No. 1401 7/30/a9- Estt. (RR), dated 10-7-1990 regarding temporary diversion of reserved vacancies falling in pro motion quota to direct recruitment quota in the case of non-availability of eligible SC! ST persons in the feeder cadre would continue to be applicable? Whether the instructions contained in DoP&T OM, dated 2- regarding grouping of posts f. small cadres up to 13 posts are applicable to promotional cadres also and whether separate rosters are to be prepared for cadres having strength of less than 13 posts? Grouping of isolated individual posts and small cadres for the purpose of reservation orders is permissible only in the cases of direct recruitment and not in the posts filled by promotion. However, notwithstanding the instructions on grouping of posts, it would be advisable to maintain separate rosters for each small cadre as per the model/instructions contained in DoP&T OM, dated 2-7-1997. How the cases of appointment to Peons Since reservation is riot applicable to post by transfer of Chowkidar / Farash / appointments by transfer, the cadre strength of Waterman / Safaiwala are to be treated in Peon for the purpose of maintenance of roster the roster? would exclude the number of posts filled by such transfer.

10

11(a)

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(b)

Doubts
Whether a combined roster for various Group D posts may be maintained since maintenance of separate roster for the post of Safaiwala may leave a large number of general category posts vacant?

Clarification
Separate rosters are to be maintained for each Group D post. In the case of appointment to the post of Safaiwala, since persons belonging to reserved categories but selected on their own merit are not to be treated as belonging to reserved categories, the posts meant for general category will not remain vacant. Appointments to a cadre from whatever source are to be made against available vacancies in respective categories.

12

13

14(a)

(b)

How the vacancies in a cadre earmarked for deputations/ promotions / compassionate appointment /sports quota appointments, where categories to which persons would belong are not known, would be filled by appointments of persons of respective categories? Whether the existing system of determining the seniority of promotees vis-a-vis direct recruits in the cadres of Auditor/Accountant / Clerk with the help of a 20- point roster would continue? Whether the Staff Selection Commission, with whom the requisition has already been placed on the basis of existing vacancybased reservation roster should be asked not to sponsor candidates in view of the revised instructions? Whether the appointments to be made against the dossiers received from SSC on the basis of earlier indents are to be taken to existing roster which will he closed on 3112-I 997? Whether leave reserve not exceeding 10% of the sanctioned strength of each cadre is to be taken into account while determining reservations for each category in that cadre? Whether the caste status of existing staff should be called to as certain the representation of OBC category in each cadre?

Yes

The candidates sponsored by SSC against the requisition sent earlier may he appointed but adjusted against the revised roster

Yes

15

Yes, as clarified at SI. Nos. 2 and 3(a).

16

17

18

Reservation for OBCs is not applicable to posts tilled by promotion. In the cadres having element of direct recruitment, present staff belonging to OBCs but recruited prior to 8-91993 (date of effect of reservation for OBCs) are to be treated as general category candidates. Staff recruited on or after 8-91993 against reservation for OBCs are only to be counted against representation of OBCs in a cadre. Whether the instructions on post- based Yes, the instructions are applicable to reservation rosters are also applicable in the recruitments/promotions made in all the cases of promotion from Group C to Groups. Group B posts and within Group B posts? Is fraction of reservation less than 0.5 o be While preparing a roster, the squeezing of last ignored and 0.5 or more to be taken as 1? reserved points may be done as clarified in Para. 8 of Annexure-I of DoP & T O.M.,

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dated 2-7-1997.

Clarification

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E1-E2 CSS ILUSTRATION (I) ACCOUNTANT CARDE


Item Direct rectt. Quota Seniority Quota Exam Quota

Sanctioned posts Persons-in-position Vacancies No. of vacancies likely to arise on account of promotion as Senior Accountant Total vacancies to be filled during 1998 (Allocation as per 20-point roster) *No. of posts to be operated by three channels

286 256 (-) 30 (-) 20 50 286

331/3% 95 43 (-) 05 15 53

331/3% 96 68 145 (-) 05 18 81

331/3% 95 145 (-) 10 17 152

(A) Reservation Roster for Direct Recruitment Regional % of reservation for the State X (21 SC/ 1ST / 27 OBC) Status Total Posts SC ST OBC UR 53 43 11 13 (+) 2 01 0 (-) 01 14 09 (-) 5 27 21

PIP Net reservation

(B) Reservation Roster for Seniority Quota Status Total Posts SC 81 68 12 14 (+) 2

ST 06 04 (-) 02

OBC -

UR 63 50

PIP Net reservation

(C) Reservation of Roster for Exam Quota Status Total Posts SC 152 145 23 30 (+) 7

ST 11 06 (-) 05

OBC -

UR 118 109

PIP Net reservation

Representation of SC/ST/OBCs in the cadre


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E1-E2 CSS (A) (B) (C) Direct Recruitment promotion Seniority Quota Exam. Quota 11 12 23 01 06 11 14 NA NA

A. Preparation of the Post-based Rosters Doubts Sl. No.


1 1. Would an employee belonging to OBC community recruited prior to introduction of OBC reservation scheme, i e,, 8-9-1993 against general quota be treated as an OBC candidate?

Clarification

Appointment of candidates be-longing to SC/ST/OBCs which were made on merit (and not due to reservation) are not to be counted towards reservation so far as direct recruitment is concerned. They will occupy unreserved points. Person of OBC communities were appointed on merit prior to 8-9-1993. As such they will occupy unreserved points.[refer para 5, O. M. No 36012/2/96-Estt. (Res.) and para. 11 of Annexure-I of the O.M.] The candidates from SC/ST category who are recruited on merit basis are to be treated as Whether SC/ST/OBC candidates recruited reserved category candidates for the purpose of on merit basis will be entitled to promotion as is being done at present. promotion under reserved category or not?

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2 Reservation for OBCs was introduced in 1993 only, the prescribed percentage of OBCs has not been reached yet. Hence it is prescribed that the new roster can be brought into effect only after prescribed percentage is reached in the case of OBCs. When it is prescribed that vacancies will be filled 50-50% in respect of direct and promotion quota and such recruitment is to be vacancy-based. There are in- stances where number of posts filled up by direct recruitment gets vacated as a result of direct recruits finding jobs elsewhere. As per the present practice, such vacancies are to be divided on 50-50% basis amongst the direct recruitment and promotion categories. If such a practice is adopted the direct recruitment roster will get shrunk while promotees will have more numbers. It is, therefore, for clarification whether the vacancies to be announced under each category should be based on number of posts remaining unfilled in each category of the roster or present practice should continue not with standing the disparity. As there is no running account based on the vacancies, there appears to be no need for carry forward points from one year to another, no cycle of points and, therefore, no need for a summary at the end of the year. Whether the concept of de reservation has been abandoned? In case of rules 37 and 38 transfers form one division to another, vacancy will arise in the lending division and against such vacancy another person of the same category will be recruited, but as per instructions 4 (d) of OM, dated 2-7-1997 such person are not to be entered into the roster in absorption division such that he will continue to occupy one of the posts without occupying a roster in absorption division such that he will continue to occupy one of the posts without occupying a roster position which will result in excess reservation to the The vacancy-based rosters are to be replaced by the post-based rosters. The principal for marking and operating the post based rosters are given in Annexure-1 All department are to initiate immediate action to prepare and operate the post based rosters according to the guidelines [Refer Paras no. 3 & 7 of O.M. No 36012/2/96-Estt. (Res.) dated 2-7-1997.] The present practice as provided in the Recruitment Rules is to distribute vacancies to direct recruits and promotion quota will continue. The roster for direct recruits and promotees will get shrunk or expanded accordingly. For calculating the representation, the total of the reserved in the representation, the total of the reserved in the both the categories may be taken into account. [Kindly refer to Para. 3 under heading Initial operation of Annexsure-1 of the O.M No 36012/2/96Estt. (Res.) for calculating representation of reserved category in the cadre]

Please refer to Para. 10 Annexure -1 of OM, dated 2-7-1997 which very clearly stipulates that the roster is to be operated on the principle of replacement and not as running account.

5 6

The concept of de reservation will continue in operation. Para. 4 (d) of the OM relates to cases where percentage of posts are prescribed to be filled by transfer if deputation by transfer as a method of Recruitment Rules 37 and 38 are different as they relate to transfer of officials and not to mode of recruitment.

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category. Hence appropriate procedure has to be adopted for such persons in theroster in division where he stands transferred rather then ignoring him all together. Whether unfilled SC/ST points of 1996 under BCR can now be filled up after introduction of post-based reservation? How the five vacancies in the SBCO cadre with strength of 301 may be filled up as the roster at present has excess of 63OBCs and 3 SCs and a shortfall of 9 STs and 62 OBCs? Whether the vacancies for which the following action to complete recruitment has already been taken be filled up if: - vacancy has already been declared, - examinations conducted.

As per new scheme no rosters are to be observed for BCR/TBOP promotion. The rule of 50% vacancies to be tilled up by reservation would apply. Therefore, out of 5, three would go to OC and two to re served categories. One point each may be provided for the vacancies for which there is a shortfall. The orders contained in OM, dated 2-7-1997 take effect from the date of issue. Where selections have been finalized / announced, they need not be disturbed. As long as the select list of candidates has not been finalized as indicated in the OM, be taken action, as to fill up vacancies Kindly refer to the illustration in Appendix to Annexure-Il of the OM, dated 2-7-1997. In case of a cadre having 13 posts, initial recruitment will be as indicated therein and the next will beas indicated in the 1st recruitment. Thereafter, the next there for the next replacement would be the same as in case of initial recruitment. There are no points for the physically handicapped, ex-servicemen, etc, even in the present roster. Their reservation will continue to be on the basis of vacancies announced in the respective categories and adjusted against the respective communities. The rosters indicated in the Annexure of the OM of the DoP & T, dated 2-7-1997 are o or purposes of illustration. The DoP & T has laid down the principles for making and operating post- based roster. Each Circle has to make its own roster on. these principles. There is no 40point roster now. [Kindly refer to Para. 3 of the O.M, No. 36012/ 2/96-Estt. (Res.) dated 2-71997]. DoP & T, O.M. No. 36012/18-95- Estt. (Res) Pt. II dated 1-8-1997 is being circulated in which it has been decided to continue reservations for SCs/STs as at present in services/posts under the Central Government beyond 15-1 1-1997 till such time as the representation reaches the prescribed percent

10

11

In the model roster for cadre strength of 13 or below, only two replacements have been shown against SI. No. 13, i.e., initial recruitment will be UR category and first replacement by ST. What about further replacements by ST.what about further replacement against the post 13 in cadre strength 13, the same is not clear The roster does not indicate method of calculation of vacancies and recruitment against physically handicapped, exservicemen and sports quota for which percentage is based on vacancies. It has been mentioned in the new roster circulated by the DoP & I is all India based, whereas regional roster is required to be implemented. Similarly there is variation in the reserved points in 40%-point roster.

12

13

It has been mentioned that as per judgment is the Indira Sawhney case the reservations in the matter of promotion are to continue for a period of five years with effect from 16-11.1992. Since the stipulated period is already over, it may be clarified whether the reservations for

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SCs/STs in promotion are still in operation or to be discontinued with effect from 17.11-1997. ages of reservation where after the reservation in promotion shall continue to maintain the reservation to the extent of the prescribed percentages for the respective categories.

B Operation of the Roster 14 Are rosters required to be maintained for No rosters for ad hoc appointments. ad hoc appointments by way of promotions for a period of 45 days or more? If a Government servant holding a post to be filled by promotion goes on leave, deputation, training, etc., the post can be filled up by promoting an eligible official on the basis of seniority irrespective of the category to which the latter belongs. Will separate rosters be required for OTBP / BCR? In which roster will the OTBP / BCR officials be indicated? The presumption is confirmed.

15

16

Question of continuation of relaxed norms for filling up of shortfall in TBOP and BCR l1 need to be re-examined since TBOP/BCR officials will form a part of the time scale roster and any shortfall will have to be made in the recruitment to PA / SA cadre.

For OTBP / BCR, there will he no need to maintain separate rosters as the promotions are not post based. Hence the rosters may be maintained for LSG (norm-based posts) only in the Division. For HSG-IT and HSG-l normbased posts, rosters may be maintained at Circle Level. When there is no need to maintain roster for OTBP / BCR promotions, there will be no need to re lax standards for SCs / STs, for filling .up shortfall vacancies under OTBP / BCR.

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ANNEXURE II SPECIAL RECRUITMENT DRIVE REPORT IN RESPECT OF AUTONOMOUS BODIES

REPORT ABOUT BACKLOG RESERVED VACANCIES IDENTIFIED FOR FILLING UP THROUGH THE DRIVE (As on 1.7.2004)
Category / Class / Group of Posts. Number of Backlog Vacancies Direct Recruitment Promotion Quota Quota SC ST SC ST

Group A or equivalent posts Group B or equivalent posts Group C or equivalent posts Group D or equivalent posts TOTAL

NB: Consolidated information in respect of all the autonomous bodies under the control of the Ministry / Department should be sent in one go. Incomplete or part information should not.

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LIAISON OFFICER
Nomination of Liaison Officers
To ensure due compliance of the orders of reservation issued from time to time in favour of SCs and STs, to ensure prompt disposal of the grievances of the employees of these classes and to scrutinize and consolidate the statistical data, Liaison Officers have been nominated and Special Cells set up in the following offices mainly to assist them: 1. 2. 3. Ministries/Departments. Heads of Departments. Attached and Subordinate Offices.

While in the case of Item (1), the Liaison Officers nominated are to be of the rank of Deputy Secretary and the strength of the cell depend on the work-load and the norm, offices indicated at Items (2) and (3) should not be allowed to go without nomination of Liaison Officers and setting up cells, irrespective of the quantum of work-flow.

Duties of Liaison Officer


1. 2. To ensure due compliance by the subordinate authorities with the reservation orders and other admissible to SCs and STs To scrutinize and ensure prompt submission of the prescribed annual statement by the appointing authorities to the Ministries/Departments and consolidation of the annual statement and sending such consolidated statements to the Department of Personnel and Training. To scrutinize properly all proposals for dereservation and to certify after due satisfaction that such dereservation are inevitable and that all steps prescribed in this regard have been faithfully taken. To liaise between the Ministries/Departments/Attached and Subordinate officers and the Department of Personnel for supply of required information, answering queries and clearing doubts. To conduct annual inspection of the rosters maintained, keeping a record of such inspection. To extend necessary assistance to the Commissioner for SCs and STs in discharge of his duties and functions.

3.

4.

5. 6.

Follow-up action of inspection


Cases of negligence or lapse in the matter of following the reservation and other orders relating to for SCs and STs coming to light through the inspections carried out by the Liaison Officers or BSNL India For Internal Circulation only Page 37

E1-E2 CSS otherwise, are to be submitted to the Secretary/Additional Secretary to the Government in the respective Ministries/Departments and to the Heads of the Departments in respect of Offices under them. The appointing authorities concerned should take necessary action for strict compliance of the directions issued by the Secretary/Additional Secretary/Head of the Department on such reports.

Interview to SC/ST employee to be granted by the Liaison Officers


The Liaison Officers for SC/ST employees should grant interviews to those SC/ST employees who are desirous of meeting them in connections with their grievance regarding appointments, promotions, etc. The meeting may, however, be informal without any agenda and no minutes thereof need be prepared.

Miscellaneous
The names and designations of the Liaison Officers nominated by each Ministry / Department including in the offices under Heads of Departments under their control (together with changes taking place from time to time) are to be reported to the Department of Personnel and Training to enable them to maintain an up-to-date list.

27% Reservation for other Backward Classes in Civil Posts / Service.


1. In a multiple undulating society like ours, early achievement of the objective of social justice as enshrined in the Constitution is a must. The Second Backward Classes Commission, called the MANDAL COMMSSION was established by the then Govt. with this purpose in view, which submitted its report to the Govt. of India on 31/12/1980. 2. Government have carefully considered the report and the recommendation of the Commission in the present context regarding the benefits to be extended to the Socially and educationally Backward Classes as opined by the Commission and are of the clear view that at the outset certain weight age has to be provide to such classes in the services of the Union and their public Undertakings. Following the Supreme Court judgment in the Indira Sawhnev and other V. Union of India and other case [Writ Petition (Civil) No. 930 of 1900] the Govt. of India appointed an Expert Committee to recommend the criteria for exclusion of the socially advanced persons/sections from the benefit of reservation for Other Backward Classes in Civil posts and service under the Govt. of India. 3. Consequent to the consideration of the Expert Committees recommendation orders are issued as following :(a) 27% (twenty seven percent) of the vacancies in civil posts and service under the Govt. of India to be filled through direct recruitment shall be reserved for the Other Backward For Internal Circulation only Page 38

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E1-E2 CSS Classes. Detailed instruction relating to the procedure to be followed for enforcing reservation will be issued Separately. (b) Candidates belonging to OBCs recruited on the basis of merit in an open competition on the same standard prescribed for the general candidates shall not be adjusted against the reservation quota of 27%. (See Clarification below) (i) The aforesaid reservation shall not apply to persons/sections mentioned in Column 3 of the Schedule to this office memorandum. (See Appendix-1) (ii) The rule of exclusion will not apply to persons working as artisans or engaged in hereditary occupations, calling. A list of such occupations, calling will be issued separately by the Ministry of Welfare. The OBCs for the purpose of the aforesaid reservations would comprises, in the first phase, the castes and communities which are common to both the lists in the report of the Mandal Commission and the State Government lists. A list of such castes and communities is being issued separately by the Ministry of Welfare. [See Appendix--2] The aforesaid reservation shall take immediate effect.***

(c)

(d)

(e)

4. Similar instructions in respect of Public Sector Undertaking and Financial Institution including Public Sector Banks were issued by the Department of Public Enterprises and by the Ministry of Finance respectively, effective from the date of this office memorandum. The above-said instructions relating to reservations for OBCs have been extended to Autonomous Bodies, Statutory and Semi-Government Bodies and Voluntary Agencies receiving grants from Government. Clarification-- How the OBCs are to be assessed in relation to general candidate and how their reserved quota are required to be filled? Normally for any recruitment or selection, basic minimum standards are fixed. In the case of competitive examination, merit lists are drawn, subject to fulfillment of this basic minimum standards and candidates are appointed to the extent of the number of vacancies. The cut-off point for the preparation of this general merit list is normally well above basic minimum standard. In the process, not all the candidates who have obtained the basic minimum standard prescribed are appointed to the service/posts in question. while the OBCs candidates who come in the general merit list will not be adjusted against the reserved quota, those OBCs candidates who could not come in the merit list but have obtained the basic minimum standards can be appointed against the reserved vacancies. A similar procedure is also required to be followed in the case of recruitment other than by open competition. It will be up to the recruiting authorities to prescribed a basic minimum standard in respect of any examination/selection.

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Certificate to be produced by OBC candidate regarding creamy layer.


The Government of India has issued instructions on 8-9-1993 providing for reservation to Other Backward Classes in the services and posts under the Government of India. The Other Backward Classes for the purpose of the above-said reservation would comprise in the first phase, the casts and communities which are common to both the lists in the report of Mandal Commission and the state Governments lists. A list of such castes and communities was notified in Resolution No 12011/68/93-BCC [C], dated 10th September, 1993, published in the Gazette of India, Extraordinary Part-I-Section I, dated 13-9-1993. For the purpose of verification of the castes and communities, the Government of India has prescribed a certificate from the following authorities as in the case of SC/ST vide this Departments O.M. No. 36012/22/93-Estt. [SCT], dated 22-10-1993. [a] District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class Stipendiary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of I Class Stipendiary Magistrate); Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate : Revenue Officer not below the rank of Tehsildar : and Sub-Divisional Officer of the area where the candidate and /or his family normally resides. In the light of the Supreme Courts judgment in the Indira Sawhney case, Department has specified the persons/section [Creamy Layer] to whom the Benefit of reservation shall not apply vide Column 3 of the Schedule to the Department of Personnel and Training, O.M. No. 36012/22/93-Estt. [SCT], Dated 8-9-93. It has been considered that the same authorities who are notified as competent to certify OBCs status should also be authorized to certify that a candidate does not belong to the Creamy Layer. It is therefore, requested that instructions may be issued to the District Authorities under your control o verify and issue the necessary certificate to the candidates regarding his OBCs status as well as exclusion from Creamy Layer To enable the District Authorities to examine the claims of the candidates, a model format has been devised as in Annexure-B. This may be suitable revised if considered necessary. The format of the certificate that may be given by the concerned district authorities may be as in Annexure-A. It is also requested that publicity may be given to the Ministry of Welfare Resolution No 12011/68/93-BCC [C], dated10-9-1993, published in the Gazette of India, Extraordinary Part-1 section I, dated 13-9-1993, containing the list of Backward Castes as well as to Dept. of Per. & Trg., O.M. No. 36012/22/93-Estt,(SCT), dated 8-9-1993, which specifies the criterion which will determine the persons who belong to the creamy layer and to whom For Internal Circulation only Page 40

[b]

[c] [d] 2.

3.

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E1-E2 CSS the reservation shall not apply. This will facilitate the candidates to ascertain their eligibility for reservation. It would also to appropriately brief the certifying Authorities and to provide them with sufficient number of copies of the above- mentioned Gazette Notification and the Department, O.M, dated 8-9-1993, in order to ensure prompt and correct certification.

Clarification regarding reservation for OBCs.


A reference is invited to Headquarters Office Circular No. N/17/94 issued under No.86-NGE [App]/83-94, dated 3-3-1994, wherein compendium of instruction on the above subject, as received from Department of Personnel and Training, was circulated. Several field officers had sought Clarification on various instructions contained in the said compendium Government of India, Department of Personnel and Training to whom the matter was referred, have since clarified the various doubts and are appended herewith for information and necessary action. Point 1.-*** Point 2.As per instruction contained in Dept. of Per. & Trg. O.M. No. 36012/22/93-Estt. (SCT), dated 22-10-1993, appointing authorities are to ensure that the reservation provided to SC/ST/OBCs put together do not exceed 50% of the vacancies arising in an year in a cadre. Under the existing Government of India order, total reservation for SC/ST/Physically handicapped person/Ex servicemen together with carry forward reservation and compassionate appointment should not exceed 50% of the available vacancies in any particular year. Now, a doubt has arisen as to how to 50% limit of total reservation in any particular year in a cadre is to be ensured when the reservation OBCs at 27% put together should not exceed 50% of the total vacancies. As regards reservation for physically handicapped persons within 50% limit, the procedure outlined in the Dept. of Per & Trg., O.M. No 36035/Estt [SCT], dated 20-09-1994, [Circulated under Headquarters Office Circular No N/42/94, dated 23-11-1994] is to be followed. The matter relating to Ex-serviceman is under consideration of Government of India. Till the time it is decided, their reservation within 50% limit is to be governed by Rule 4[1] of the Exservicemen [Re-employment in Central Civil Services and Posts] Rules, 1979, issued under G.I., M.H.A., D.P. and A.R., Notification No 39016/10/79-Estt. [C], dated 15-12-1979. 50% limit in compassionate appointment is to be regulated in accordance with the instructions contained in Headquarters Office Circular No NGE/5/86 issued under No 61-N. 3/52/84/Zone-3, dated 28-1-1986, i.e., the percentage of vacancies against which compassionate appointment could be made should be determined after deducting from 50% the percentage of vacancies reserved for SC/ST/OBC/Physical handicapped and Ex-servicemen. [See Section 6]

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SWAMYSRESEVATION AND CONCESSIONS IN GOVT. SERVICES 1. It has been noticed that the Ministries/Departments have appointed Liaison Officer below the levels/status of the Deputy Secretary, without taking into consideration the instructions laid down for the appointment of LO for SC/ST vide O.M., dated 10-4-1968. All the Ministries/Departments are requested to nominate the Deputy Secretary in-charge of administration in the Ministry/Department or another Officer of the rank of the Deputy Secretary as LO for looking after work relating to the matter of reservation for the OBCs in service/posts. The function of the Liaison Officers will be at par with the LO looking after the work of SC/ST in services/posts. [G.I., Dept. of per. & Trg., O.M. No 42011/18/96-Estt. [Res.], dated 1-10-1997] APPENDIX 1 PERSONS / SECTIONS EXCLUDED FROM RESERVATION [Schedule to G.I., Dept. of per. and Trg. O.M No 36012/22/93Estt. (SCT), dated 8-9-1993] Sl. No. I Description of category Constitutional posts To whom rule of exclusion will apply Son(s) and daughter(s) of(a) president of India: (b) Vice president of India: (c) Judges of Supreme court and High court (d) Chairman and Members of UPSC and of the State public service commissions: Chief election Commissioner: Comptroller and Auditor-General of India: (e) Persons holding constitutional positions of like nature. II II(A) Service Category Group A/ Class I officer of the All India Central and state service (Direct Recruits) Son[s] and daughter[s] of (a) parents, both of whom Class I officers: (b) parents, either of Class I officer: (c) parents, both of whom Class I officer, but one of them dies or suffer permanent incapacitation: (d) parents, either of whom is a Class I officer and such parents, dies or suffers For Internal Circulation only Page 42

2.

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E1-E2 CSS permanent incapacitation and before such death or such incapacitation has had a benefit of employment in any International organization like UN, IMF, World Bank, etc. for a period of not less than 5 years: (e) parents, both of whom are Class I officer and die or suffers permanent incapacitation and before such death or such incapacitation of the both either of them has had the benefit of employment in any international organization like UN, IMF, World Bank, etc for a period of not less than 5 years. Provided that that rule of exclusion shall and not apply in the following cases:(a) Sons and daughter of parents either of whom Or both or whom are Class I officers and such parent(s) dies/die or suffer Permanent incapacitation (b) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for a job. II(B) B. Group B/Class II officers of the Central and State Services (Direct Recruitment). Son(s) and daughter(s) of(a) parents both of whom are Class II Officer: (b) parents of whom only husband is a Class II officers and he get into Class I at the age of 40 or earlier; (c) parents, both of whom are Class II Officers and one of them dies or Suffer permanent incapacitation and either one of them has had the Benefit of employment in any International (d) Organization like UN, IMF, World Bank, etc., for a period not less than five years before such death or permanent incapacitation; (e) Parents of whom the husband is a Class I Officer [direct recruit of pre-Forty promoted] and wife is a Class II Officer and wife dies or suffer Permanent For Internal Circulation only Page 43

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E1-E2 CSS incapacitation: and parents of whom the wife is a Class I Officer [direct recruit of pre-Forty promoted] and husband is a Class II Officer and husband dies or permanent incapacitation: Provided that the rule of exclusion Shall not apply in following cases: Sons and daughters of (a) parents both of whom Class II Officer and one of them dies or suffer Permanent incapacitation: Son and daughters of(b) parents of both of whom are Class II officers and both of them die or suffer from permanent incapacitation, even though either of them has had a benefit of employment in any International Organization like UN, IMF, World Bank etc, for a period of not less than 5 years before their death or permanent incapacitation. II (C) Employees in public sector Undertaking, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officer holding equivalent or comparable posts in PSUs Banks, Insurance organization, Universities, etc. and also equivalent or comparable posts and position under private employment, pending the evaluation of the post on equivalent or comparable basis in these institution, the criteria specified in category VI below will apply to the officers in this institutions. Son[s] and daughter[s] of parent either or both of whom is or in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces; Provided thati. if the wife of an armed force officer is himself in the armed forces [i.e. the category under consideration] the rule of exclusion will apply only when she herself has reached the rank of Colonel; ii. The service rank below Colonel of For Internal Circulation only Page 44

III

Armed forces include paramilitary Forces[Person holding civil posts are not Included]

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E1-E2 CSS husband and wife shall not be clubbed together; iii. If the wife an officer in the armed forces is in civil employment, this will not taken in account of applying the rule of exclusion unless she falls in the service category under Item No 11 in which case the criteria and condition enumerated their in will apply to her independently. IV Professional class and those engaged in Trades and industry (i) Personal engaged in profession as a Criteria specified against Category VI will doctor, lawyer, charted account, apply income tax consultant, financial or management consultant, dental surgeon engineer architect, computer specialist, film artist and other film professional, author, playwright, sport person, sports professional, media professional or any other vocations of like status. (ii) Person engaged in trade business Criteria specified against Category VI will and industry. applyEXPLANATION(i) Where the husband is in some profession and The wife is in class II or lower grade employment, the income/wealth test will apply only on the basis on the husband income. (ii)If the wife in some profession and the husband is in employment in a Class II or lower rank post, then the income/wealth criterion will apply only on the basis on the wife income and the husband income will not be clubbed with it. Son(s) and daughter(s) of person belonging to a family [father, mother and minor children] which owns(a) only irrigated land is equal to or more than 85% of the statutory ceiling areas, and (b) both irrigated and unirrigated land, as followBSNL India For Internal Circulation only Page 45

V V(A)

Property owners Agriculture holding

E1-E2 CSS (i)The rule of exclusion will apply where the Pre-condition exists that the irrigated area [having been brought to a singe type under a common denominator] 40% or more of the statutory ceiling limit for irrigated land [this calculated by excluding the unirriagated portion] If this pre-condition of not less than 40% exists, Then only the area of unirriagated land will taken into account. This will be done by the converting the unirrigated land n land on the basis of conversion formula existing into the irrigated type. The irrigated area so computed from Unirrigated land shall be added to irrigated land and if after such clubbing together total are in term of irrigated land is 85% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion apply and disentitlement will occur. (ii)The rule of exclusion will not apply if the land holding of the family is exclusively unirrigated

V(B)

Plantations (i) coffee, tea, rubber. Etc

Criteria of income/wealth specified in category VI Below will apply.

(ii) Mango, citrus, apple plantation etc. V (C) Vacant land and/or building in urban Deemed as agricultural holding and hence areas or urban agglomerations. criteria at a above under this category will apply. Criteria specified in Category VI below will apply. EXPLNATION Building may be used for residential, Industrial or commercial purpose and like two or more such purposes. VI Income / Wealth Test Son(s) and daughter(s)(a) Persons having gross annual income of Rupees 1 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years. For Internal Circulation only Page 46

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(b) Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth criteria mentioned in(a) above EXPLANATION (1) Income from salaries or agricultural land shall not be clubbed: (2) The income criteria in terms of rupees will be modified taking into account the change in its value every three years. It the situation , however, so demands, the interregnums may be less. EXPLANATION:Whenever the expression permanent in capacitance occur in this schedule, it shall means incapacitation which results in putting an officer out of service

Validity period of OBC certificate and verification of Community and non-creamy layer status of OBC candidates.
A question has arisen about the validity period of certificates issued to the candidates belonging to other backward classes for the purpose of reservation in services. The OBC certificate consists of two parts first part indicates that the concerned person belongs to a community listed as OBC and the second part indicates that the candidate does not fall in the creamy layer. While the OBC status of a candidate may change only when the community of the concerned candidate is removed from the OBC list, his/her creamy layer status may change any time. In view of it, it is not possible to determine a fixed validity period for the OBC certificate. 2. Every candidate seeking reservation as OBC is required to submit a certificate regarding his/her OBC status and non-creamy layer status issued by an authority mentioned in Department of Personnel and Training Office Memorandum No.36012/22/93-Estt.(SCT) dated 15.11.1993. The OBC status and /or non-creamy layer status of the candidate, as pointed out in para above, may change after issue of the certificate making him/her ineligible for reservation. In order to ensure that candidates not eligible to get reservation do not seek reservation, a declaration, in addition to certificate issued by the competent authority, may be obtained from the candidates seeking reservation as OBCs in the following format:

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E1-E2 CSS "I,___________________son/daughter of Shri _________________________resident of village /town/city_________________district ______________state _________________ hereby declare that I belong to the _____________________community which is recognized as a backward class by the Government of India for purpose of reservation in services as per orders contained in Department of Personnel and Training Office Memorandum No.36012/22/93-Estt.(SCT) dated 8.9.1993. It is also declared that I do not belong to persons/sections (Creamy Layer) mentioned in Column 3 of the Schedule to the above referred Office Memorandum dated 8.9.1993." 3. The appointing authority, before appointing a person seeking appointment on the basis of reservation to OBCs should verify the veracity of the community certificate submitted by the candidate and also the fact that he/she does not fall in creamy layer on the crucial date. The crucial date for this purpose may be treated as the closing date for receipt of applications for the post except incases where crucial date is fixed otherwise. 4. It was decided vide this Departments Office Memorandum No.36033/9/95-Estt.(SCT) dated 10.5.1995 that in case of appointments against vacancies reserved for OBCs a clause in the offer of appointment would be inserted to the effect that appointment will be provisional and subject to verification of the community certificate. Since reservation is available only to such OBC candidates who do not fall in the creamy layer, it is necessary that the clause inserted in the offer of appointment should be modified so as to take care of creamy layer status of the candidate also. It is, therefore, decided that the following modified clause may be included in the offer of appointment in place of clause prescribed vide Office Memorandum dated 10.5.1995: "The appointment is provisional and is subject to the community certificate being verified through the proper channels. If the verification reveals that the claim of the candidate to belong to Other Backward Classes or not to belong to creamy layer is false, his/her services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of Indian Panel Code for production of false certificates." 5

Sub:

Clarifications regarding creamy layer amongst OBCs.

In regard to the children of the persons in civil services of the Central and the State Governments, it provides that son(s) and daughter(s) of: (a) parents, both of whom are directly recruited Class I/Group A officers; (b) parents, either of whom is a directly recruited Class I/Group A officer;

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E1-E2 CSS (c) parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or suffers permanent incapacitation; (d) parents, either of whom is a directly recruited Class I/ Group A officer and such parent dies or suffers permanent in - capacitation and before such death or such incapacitation has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years; (e) parents, both of whom are directly recruited Class I/Group A officers and both of them die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years; (f) parents both of whom are directly recruited Class II/Group B officer; (g) parents of whom only the husband is a directly recruited Class II/Group B officer and he gets into Class I/Group A at the age of 40 or earlier; (h) parents, both of whom are directly recruited Class II/ Group B officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment is any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 year; (i) parents of whom the husband is a Class I/Group A officer (direct recruit or pre-forty promoted) and the wife is a directly recruited Class II/Group B officer and the wife dies; or suffers permanent incapacitation; and (j) parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-forty promoted) and the husband is a directly recruited Class II/Group B officer and the husband dies or suffers permanent incapacitation shall be treated as falling in creamy layer. 2. The Schedule further provides that sons and daughters of: (i) parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parents(s) dies/die or suffers/suffer permanent incapacitation; (ii) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation; (iii) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation shall not be treated to be falling in creamy layer. 3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and BSNL India For Internal Circulation only Page 49

E1-E2 CSS 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 sons and daughters of persons having gross annual income of Rs.2.5 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth Test which provides that income from salaries or agricultural land shall not be clubbed. 4. Following questions have been raised from time to time about the application of the above provisions to determine creamy layer: (i) Will the sons and daughters of parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and such parent(s) dies/die or suffers/suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer? (ii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffer permanent incapacitation after retirement be treated to be excluded from the creamy layer? (iii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation after retirement even though either of them has had got the benefit of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation be treated to be excluded from the purview of creamy layer? (iv) Will the sons and daughters of parent(s) who retire from the service on the basis of which their sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the parent(s)? (v) Will the sons and daughters of parents of whom husband is directly recruited Class III/Group C or Class IV/ Group D employee and he gets into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer? (vi) Will a candidate who himself is a directly recruited Class I/Group A officer or a directly recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be treated to be falling in creamy layer on the basis of his service status? (vii) Will a candidate who has gross annual income of Rs.2.5 lakh or above or possesses wealth above the Exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years be treated to fall in creamy layer? (viii) The instructions provide that a lady belonging to OBC category who has got married to a directly recruited Class I/Group A officer shall not be treated as falling in creamy layer on the basis of her marriage. Will a man belonging to OBC category who is married to a directly recruited Class I/Group A officer be treated as falling in creamy layer on the basis of his marriage? BSNL India For Internal Circulation only Page 50

E1-E2 CSS (ix) How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s) employed in PSUs etc. in which equivalence or comparability of posts has not been established vis--vis posts in the Government? (x) What is the scope of the explanation, Income salaries or agricultural land shall not be clubbed, given below the Income/ Wealth Test? 5. It is clarified in regard to clauses (i), (ii) and (iii) of para 4 that the sons and daughters of (a) parents either of whom or both of whom are directly recruited Class I/Group A officers and such parent(s) dies/die or suffers/suffer permanent incapacitation while in service; (b) parents both of whom are directly recruited Class II/Group B officers and one of them dies or suffers permanent incapacitation while in service; and (c) parents both of whom are directly recruited Class II/Group B officers and both of them die or suffer permanent incapacitation while in service, even though either of them has benefit of employment in any International Organization like UN,IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation are not treated to be falling in creamy layer. But if the parent(s) dies/die or suffers/suffer permanent incapacitation in such cases after retirement from service, his/their sons and daughters would be treated to be falling in creamy layer and would not get the benefit of reservation. 6. In regard to clause (iv) of para 4, it is clarified that sons and daughters of parents who are included in the creamy layer on the basis of service status of their parents shall continue to be treated in creamy layer even if their parents have retired or have died after retirement. 7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters shall not be treated to be falling in creamy layer. 8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a candidate is determined on the basis of the status of his parents and not on the basis of his own status or income or on the basis of status or income or on the basis or status or income of his/her spouse. Therefore, while determining the creamy layer status of a person the status or the income of the candidate himself or of his/her spouse shall not be taken into account. 9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters of persons employed in organizations where equivalence or comparability of posts vis--vis posts in Government has not been evaluated is determined as follows: Income of the parents from the salaries and from the other Sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the BSNL India For Internal Circulation only Page 51

E1-E2 CSS limit of Rs.2.5 lakh per annum for a period of three consecutive years, the sons and daughters of such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose income from other sources is also less than Rs.2.5 lakh per annum and income from other sources is also less than Rs.2.5 lakh per annum will not be treated as falling in creamy layer even if sum of the income from salaries and the income from the other sources is more than Rs.2.5 lakh per annum for period of three consecutive years. It may be noted that income from agricultural land is not taken into account while applying the Test. 10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to determine creamy layer status of any candidate as given in Category-VI of the Schedule to the OM, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5 lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

PWD REPORT - I ANNUAL STATEMENT SHOWING THE REPRESENTATION OF THE PERSONS WITH DISABILITIES IN SERVICES (As on 01.01.2004) MINISTRY / DEPARTMENT ATTACHED / SUBORDINATE OFFICE:

Group
Total

Number of Employees In Identified posts 3 VH

HH
5

OH
6

1 Group A Group B Group C Group D Total Note:

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(i) VH stands for Visually Handicapped (persons suffering from blindness or low vision) (ii) HH stands for Hearing Handicapped (persons suffering from hearing impairment) (iii) OH stands for Orthopaedically Handicapped (persons suffering from locomotor disability or cerebral palsy)

PWD REPORT II STATEMENT SHOWING THE NUMBER OF PERSONS WITH DISABILITIES APPOINTED DURING THE YEAR (For the Year 2003) MINISTRY / DEPARTMENT ATTACHED / SUBORDINATE OFFICE:

Group

DIRECT RECRUITMENT

PROMOTION

No. of vacancies reserved VH HH OH Total

No. of Appointments Made

No. of vacancies reserved OH VH HH OH Total

No. of Appointments Made

In Identified Posts 6

VH

HH

In Identified Posts 14

VH

HH

10 NIL

11 NIL

12 NIL

13

15

16

Group A Group B Group C Group D

NIL

NIL

NIL

Note: (i) VH stands for Visually Handicapped (persons suffering from blindness or low vision) (ii) HH stands for Hearing Handicapped (persons suffering from hearing impairment) (iii) OH stands for Orthopaedically Handicapped (persons suffering from locomotor disability or cerebral palsy)

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(iv) There is no reservation for persons with disabilities in case of promotion to Group A and B posts. However, persons with disabilities can be promoted to such posts, provided the concerned post is identified suitable for persons with disabilities.

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Reservation in promotion Prescription of Lower Qualifying Marks / Lesser Standard of Evaluation.


1. In the matter of qualifying marks/standards of evaluation of performances are to be made in favour of candidates belonging to the Scheduled Castes and the Scheduled Tribes while considering them for promotion. The validity of such lower qualifying marks/lesser standards of evaluation was called into question in court in the context of the judgment of the Supreme Court in the case of Indira Sawhney Vs. Union of India. The Supreme Court, in the case S. Vinod Kumar Vs: Union of India 1996 (8) S.C.6431 has he4ld that the provision for lower qualifying marks/lesser level of evaluation, in the matter of promotion, provides for candidates belonging to the Scheduled Castes and the Scheduled Tribes under Government Instruction, is not permissible under Article 16(4) in view of the command contained in Article 335 of the Constitution. The Court has further observed that even if it is assumed for the sake of argument that reservation is permitted by Article 16(4) the matter of promotion, a provision for lower qualifying marks or lesser level of evaluation is not permissible in the matter of promotion, by virtue of Article 335. The Court also held that the protection for reservation for five years, given by the Supreme Court vide Para 829of the judgment in India Sawhneys case, did not save the provision for lower qualifying marks/lesser level of evaluation. It has accordingly been decided to withdraw the instruction contained in the Departments O.M.No.8/12/69 Estt (SCR) dated 23/12/70 and O.M.No.36021/10/76 Estt(SCT) dated 21/11/1977.in so far these provide for lower qualifying marks for Scheduled Castes/Scheduled Tribes candidates in department qualifying/competitive examination for promotion. Similarly the relevant portions of Para 6.3.2 of the DPC guidelines circulated wide this Departments O.M.No.2101/5/86-Estt(D) dt: 10-04-1989,to the extent that they provide for consideration of Scheduled Castes/Scheduled Tribes candidates without reference to merit and the prescribed beach mark are hereby rescinded. It is clarified that the and the effect of these instruction is that henceforth there shall be no separable standard of evaluation for candidates of the Scheduled Castes/Scheduled Tribes or promotion, and assessment of all candidates of the Government, Which provide for lower qualifying marks/lesser standard of evaluation matter of promotion for candidates belonging to the Scheduled Castes/Scheduled Tribes, may also be treated as having been modified to this extent. ) ANNEXURE A

2.

3.

4.

Attention of the Ministry of Finance etc. is invited to Ministry of Home Affirs O.M. No.1/1/70-Estt (SCT) dt the 25/6/1970. In which it has been provided that in the case of direct recruitment, whether by examination
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or otherwise, if sufficient number of Scheduled Castes/Scheduled Tribes candidates are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to these communities may be selected to fill up the remaining vacancies reserved for them provided they are not found unfit for appointment to such post or posts. A question has been raised whether relaxation in the qualifying standards could be granted to Scheduled Castes/Scheduled Tribes candidates on the same basis on promotions made through department competitive examinations and in departmental conformation examination where such examination are prescribed to determine the suitability of candidates for conformation. The matter has been carefully considered and it has been decided has that in promotions made through such examinations, Scheduled Castes/Scheduled Tribes candidates who have not acquired the general qualifying standard in such examination could also be considered for promotion confirmation provided they are not found unfit for such promotions confirmation. In other words, the qualifying standard in these examination could be relaxed in favour Scheduled Castes/Scheduled Tribes candidates in keeping with the above criterion.
ANNEXURE B

The undersigned is directed to refer to this Departments Office Memorandum No.8/12/69-Estt (SCT) dt the 23/12/1970 in which it has been provided that in promotions made through department competitive examination and in departmental confirmation examinations, if sufficient number of Scheduled Castes/Scheduled Tribes candidates are not available on the basis of the general standard to fill the vacancies reserved for them, candidates belonging to these communities who have not acquired the general qualifying standard should also be considered for promotion/confirmation provided they are not found unfit for such promotion/confirmation. A question has been raised whether relaxation in qualifying standards should be granted to Scheduled Castes/Scheduled Tribes candidates, on the same basis, in promotions on the basis of seniority subject to fitness, where fitness is decided on the basis of qualifying examination. The matter has been carefully considered and it has now been decided that in promotion made on the basis of seniority subject
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to fitness in which there is reservation for Scheduled Castes/Scheduled Tribes in accordance will the Departments Office Memorandum No. 27/2/71 Estt (SCT) dt 27/11/1972,and where a qualifying examination is held to determine the fitness of candidates for such promotion suitable relaxation in qualifying standard in such examination should be made in the case of Scheduled Castes/Scheduled Tribes candidates. The extent of relaxation should however be decided on each occasion whenever such an examination is held taking into account all relevant factors including (I) the number of vacancies reserved,(ii) the performance of Scheduled Castes/Scheduled Tribes candidates as well as general candidates in that examination (iii) minimum standard of fitness for appointment to the post, and also (iv) the overall stength of the cadre and of the Scheduled Castes/Scheduled Tribes in that cadre. The Ministry of Finance etc. are requested to bring the above decision to the notice of all authorities concerned.

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E1-E2 CSS ANNEXURE C In promotion by selections to posts/services within group A which carry an ultimate salary of 5700/-p.m. in the reversed scale, the SCs/STs 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. Would not with standing the prescription of bench mark be included in that list provided they are not considered unfit for promotion. In promotion by selection to posts/services in Group B within Group B and from Group B to the lowest rung in Group A selection against vacancies reserved for SCs and will be made only from those SCs/STs office, who are within normal zone of consideration prescribed vide the Department of Personnel and A.R.O.M. No. 22011/3/76-Estt (D) dated 24/12/1980. Where adequate number of number of SCs STs candidates are not available within the normal field of choice, it may be extended to five time the number of vacancies and the SCs/STs candidates coming within the vacancies reserved for them. If candidates form SCs/STs obtain on the basis of merit with due regard to seniority on the same basis as other, laser number of vacancies then the number reserved for them, the difference should be made up by selecting candidates of these communities, who are in the zone of consideration, irrespective of merit and bench mark but who are considered fit for promotion. As regards promotion made by selection in Group C and D posts services, Select Lists of SCs/STs office should be drawn up separately in addition to the general select list, to fill up the reserved vacancies SCs/STs officers who are within the normal zone of consideration, should be considered for promotion along with others and adjudged on the same basis as other and those SCs and STs amongst them, who are selected on that basis may be included in the general select list in addition to them being considered for inclusion in the separate select list for SCs and STs respectively. In the separate select list drawn up for (i) SCs and STs, officers belonging to the SCs and STs as the case may be will be adjudged separately amongst them selves and not along with others if selected, they should be included in the concerned separate list, If irrespective of their merit as compared to other officers and the bench mark determined by the cadre authorities . If candidates form SCs/STs obtain on the basis of their position in the aforesaid general list lesser number of vacancies than are reserved for them, them difference should be made up by selected candidates of these communities in the separate Select Lists for SCs and STs respectively.

(i)

(ii)

(iii)

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Sub: 27% Reservation for other Backward Classes in Civil Posts / Service. 4. In a multiple undulating society like ours, early achievement of the objective of social justice as enshrined in the Constitution is a must. The Second Backward Classes Commission, called the MANDAL COMMSSION was established by the then Govt. with this purpose in view, which submitted its report to the Govt. of India on 31/12/1980. 5. Government have carefully considered the report and the recommendation of the Commission in the present context regarding the benefits to be extended to the Socially and educationally Backward Classes as opined by the Commission and are of the clear view that at the outset certain weight age has to be provide to such classes in the services of the Union and their public Undertakings. Following the Supreme Court judgment in the Indira Sawhnev and other V. Union of India and other case [Writ Petition (Civil) No. 930 of 1900] the Govt. of India appointed an Expert Committee to recommend the criteria for exclusion of the socially advanced persons/sections from the benefit of reservation for Other Backward Classes in Civil posts and service under the Govt. of India. 6. Consequent to the consideration of the Expert Committees recommendation orders are issued as following :(a) 27% (twenty seven percent) of the vacancies in civil posts and service under the Govt. of India to be filled through direct recruitment shall be reserved for the Other Backward Classes. Detailed instruction relating to the procedure to be followed for enforcing reservation will be issued Separately. Candidates belonging to OBCs recruited on the basis of merit in an open competition on the same standard prescribed for the general candidates shall not be adjusted against the reservation quota of 27%. (See Clarification below) (i) The aforesaid reservation shall not apply to persons/sections mentioned in Column 3 of the Schedule to this office memorandum. (See Appendix-1) (ii) The rule of exclusion will not apply to persons working as artisans or engaged in hereditary occupations, calling. A list of such occupations, calling will be issued separately by the Ministry of Welfare.

(b)

(c)

(d)

The OBCs for the purpose of the aforesaid reservations would comprises, in the first phase, the castes and communities which are common to both the lists in the report of the Mandal Commission and the State Government lists. A list of such castes and communities is being issued separately by the Ministry of Welfare. [See Appendix--2] For Internal Circulation only Page 60

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(e)

The aforesaid reservation shall take immediate effect.***

4. Similar instructions in respect of Public Sector Undertaking and Financial Institution including Public Sector Banks were issued by the Department of Public Enterprises and by the Ministry of Finance respectively, effective from the date of this office memorandum. The above-said instructions relating to reservations for OBCs have been extended to Autonomous Bodies, Statutory and Semi-Government Bodies and Voluntary Agencies receiving grants from Government. Clarification-- How the OBCs are to be assessed in relation to general candidate and how their reserved quota are required to be filled? Normally for any recruitment or selection, basic minimum standards are fixed. In the case of competitive examination, merit lists are drawn, subject to fulfillment of this basic minimum standards and candidates are appointed to the extent of the number of vacancies. The cut-off point for the preparation of this general merit list is normally well above basic minimum standard. In the process, not all the candidates who have obtained the basic minimum standard prescribed are appointed to the service/posts in question. while the OBCs candidates who come in the general merit list will not be adjusted against the reserved quota, those OBCs candidates who could not come in the merit list but have obtained the basic minimum standards can be appointed against the reserved vacancies. A similar procedure is also required to be followed in the case of recruitment other than by open competition. It will be up to the recruiting authorities to prescribed a basic minimum standard in respect of any examination/selection. (G.I. Dept. of Per. & Trg., O.M. No. 36012/2293-Estt.(SCT), dated 3-2-1994.)

G.I., Dept. of Per, & Trg., O.M. No. 36012/2/93-Estt. (SCT)dated 2-2-1993 Sub: Orders on reservation for SEBCs can be challenged only before the Supreme Court. The undersigned is directed to say that the Supreme Court delivered its judgment on 16-11-1992, in Writ Petition field by Smt. Indira Sawhney and others, against this Departments Office Memoranda, dated 13-8-1990 and 25-9-1991, providing the reservation in civil posts and services under the government of india in favour of socially educationally Backward classes [SEBCs] and other Economically Weak Sections. In this judgment, the Supreme Court directed all concern authorities, High Court and Central State Administrative Tribunals that any petition or proceedings questioning the validity, operation or implementation of the two impugned memoranda on any grounds what so ever shall be filed or instituted ONLY before the Supreme Court and not before any High Court or other Court or Tribunal. This is brought to the notice of all Ministries/Departments of the Govt. of India.

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GI, DoP&T OM No. 36012/22/93-Estt. (SCT) dated 22-10-1993, dated 15-11-1993 and dated 29-12-1993 Sub: Reservation for Other Backward Classes in Civil Posts and Services under the Govt. of India-Regarding.

1. The undersigned is directed to refer to this Departments OM of even number, dated the 8th September, 1993 on the above subject and to say that in according to Supreme Court judgment in Indra Sawhney case, the reservation contemplated in Clause 4 of Article 16 should not exceed 50%. For the purpose of applying the rule of 50%, an year should be taken as the unit and not the entire strength of the cadre service or the unit, as the case may be. This position would also apply in the case of carry forward vacancies. Therefore, the Ministries/Departments are requested to ensure that the reservations provided to SC/ST/OBCs put together do not exceed 50% of vacancies arising in an year. 2. In the light of the reservations provided to Other Backward Classes, it is necessary to revise the existing reservation roster. In respect of direct recruitment on All India basis by open competition where there is a reservation for 15% for SC and 71/2% for ST, the existing 40-point roster has been revised. In the respect of direct recruitment on All India basis otherwise than open competition where there is a reservation of 162/3% for SC and 71/2% for ST, the existing roster has been revised. The revised roster will come into effect [from 2-7-1997] immediately. Vacancies filled on or after 2-7-1997 should be shown in the new roster now prescribed. the old roster shall be deemed to have been closed from this date. the reservations which had to be carried forward in the previous roster shall now be carried forward to the new roster. 3. There is no change in the existing reservation rosters in so far as promotion is concerned, as there is no reservation for OBCs in promotion. 4. The upper age-limit prescribed for direct recruitment shall be relaxed by three years in respect of candidates belonging to OBCs. In respect of written examination and interview, in order to fulfill quota earmarked to OBCs, relaxation of standard may be provided as in the case of SC/ST candidates. [G.I. Dept. of Per & Trg., O.M. No 42014/10/94-Estt. [SCT], dated 13-10-1994 and O.M. No. 43013/2/95-Estt. [SCT], dated 25-1-1995 ] 5. For the purpose of verification of the castes/communities the certificate (for model form ,See Appendix-3) furnished by the candidates for the purpose of benefit of reservation to OBCs from the following authorities only will be accepted:[a] District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class Stipendiary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/ExtraAssistant Commissioner [not below the rank of I Class Stipendiary Magistrate]

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E1-E2 CSS [b] [c] [d] Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate. Revenue Officer not below the rank of Tehsildar; and Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

The same authorities which are notified as competent to certify OBCs status should also be authorized to certify that the candidate in question does not belong to he persons/section [ creamy Layer] mentioned in Column 3 of the Schedule to this Departments OM, dated 8-9-1993.

GI, DoP&T OM No 36012/22/93-Estt [SCT] dated 15-11-1993 Sub: Certificate to be produced by OBC candidate regarding creamy layer. I am directed to say that the Government of India has issued instructions on 8-9-1993 providing for reservation to Other Backward Classes in the services and posts under the Government of India. The Other Backward Classes for the purpose of the above-said reservation would comprise in the first phase, the casts and communities which are common to both the lists in the report of Mandal Commission and the state Governments lists. A list of such castes and communities was notified in Resolution No 12011/68/93-BCC [C], dated 10th September, 1993, published in the Gazette of India, Extraordinary Part-I-Section I, dated 13-9-1993. For the purpose of verification of the castes and communities, the Government of India has prescribed a certificate from the following authorities as in the case of SC/ST vide this Departments O.M. No. 36012/22/93-Estt. [SCT], dated 22-10-1993. [a] District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class Stipendiary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank of I Class Stipendiary Magistrate); Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate : Revenue Officer not below the rank of Tehsildar : and Sub-Divisional Officer of the area where the candidate and /or his family normally resides. In the light of the Supreme Courts judgment in the Indira Sawhney case, Department has specified the persons/section [Creamy Layer] to whom the Benefit of reservation shall not apply vide Column 3 of the Schedule to the Department of Personnel and Training, O.M. No. 36012/22/93-Estt. [SCT], Dated 8-9-93. It has been considered that the same authorities who are notified as competent to certify OBCs status should also be authorized to certify that a candidate does not belong to the Creamy Layer. It is therefore, requested For Internal Circulation only Page 63

[b]

[c] [d] 2.

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E1-E2 CSS that instructions may be issued to the District Authorities under your control o verify and issue the necessary certificate to the candidates regarding his OBCs status as well as exclusion from Creamy Layer To enable the District Authorities to examine the claims of the candidates, a model format has been devised as in Annexure-B. This may be suitable revised if considered necessary. The format of the certificate that may be given by the concerned district authorities may be as in Annexure-A. 3. It is also requested that publicity may be given to the Ministry of Welfare Resolution No 12011/68/93-BCC [C], dated10-9-1993, published in the Gazette of India, Extraordinary Part-1 section I, dated 13-9-1993, containing the list of Backward Castes as well as to Dept. of Per. & Trg., O.M. No. 36012/22/93-Estt,(SCT), dated 8-9-1993, which specifies the criterion which will determine the persons who belong to the creamy layer and to whom the reservation shall not apply. This will facilitate the candidates to ascertain their eligibility for reservation. It would also to appropriately brief the certifying Authorities and to provide them with sufficient number of copies of the above- mentioned Gazette Notification and the Department, O.M, dated 8-9-1993, in order to ensure prompt and correct certification.

7. A copy of the orders issued by your Government in this regard may also be endorsed to this Department for information. ANNEXURE-A & ANNEXURE-B GI, DoP&T OM No 36012/22/93-Estt. (SCT) dated 30-12-1993 Sub: Unfilled vacancies of OBCs should not be de-reserved but carried Forward. The undersigned is directed to say that the question of dereservation and carry forward of unfilled posts reserved for Other Backward Classes has been examined by the Government. It has since been decided that the posts reserved for Other Backward Classes which remain unfilled should not be dereserved but should be carried forward as such for a period of three recruitment years or till the posts are filled by OBC candidates, whichever is earlier.

GI, DoP&T OM No 36012/27/94-Estt. [SCT] dated 13-5-1994 Sub: Exemption of Scientific and Technical posts from the purview of Reservation orders for OBCs. The undersigned is directed to refer to this Departments O.M. 9/2/73-Estt. [SCT], dated 23-61975, [See Order No 16 under Section ] wherein such of the technical posts as satisfying all the following conditions are exempted from the purview of reservation orders. i. The post should be in grades above the lowest grade in Group A of the Service Concerned.

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E1-E2 CSS ii. They should be classified as Scientific or Technical [in terms of Cabinet Secretariat, Department of Cabinet Affairs] O.M. No 85/11/CF-61[1], dated 28-121961 and These should be posts for conducting research or for organizing, guiding and directing research..

iii.

Order of the Minister concerned are required to be obtained before exempting any post satisfying the above condition from the purview of the scheme of reservations. 2. With the introduction of the Scheme of reservation for Other Backward Classes, doubts have been expressed by certain Ministries/Departments as to whether the above-said provisions of OM, dated 23-6-1975, would be applicable to the reservation of the OBCs also. As the reasons for the grant of exemption from the purview of reservation orders in respect of SC/ST is equally applicable for the provisions of OM, dated 23-6-1975, for the grant of exemption from the purview of reservation orders would be equally applicable to reservation for OBCs.

C & AG of India, Cir. No. NGE/431/94/1927-NGE [Appt.]/93/94 dated 4-1-1995 Sub: Clarification regarding reservation for OBCs. A reference is invited to Headquarters Office Circular No. N/17/94 issued under No.86-NGE [App]/83-94, dated 3-3-1994, wherein compendium of instruction on the above subject, as received from Department of Personnel and Training, was circulated. Several field officers had sought Clarification on various instructions contained in the said compendium Government of India, Department of Personnel and Training to whom the matter was referred, have since clarified the various doubts and are appended herewith for information and necessary action. Point 1.-*** Point 2.As per instruction contained in Dept. of Per. & Trg. O.M. No. 36012/22/93-Estt. (SCT), dated 22-10-1993, appointing authorities are to ensure that the reservation provided to SC/ST/OBCs put together do not exceed 50% of the vacancies arising in an year in a cadre. Under the existing Government of India order, total reservation for SC/ST/Physically handicapped person/Ex servicemen together with carry forward reservation and compassionate appointment should not exceed 50% of the available vacancies in any particular year. Now, a doubt has arisen as to how to 50% limit of total reservation in any particular year in a cadre is to be ensured when the reservation OBCs at 27% put together should not exceed 50% of the total vacancies. As regards reservation for physically handicapped persons within 50% limit, the procedure outlined in the Dept. of Per & Trg., O.M. No 36035/Estt [SCT], dated 20-09-1994, [Circulated under Headquarters Office Circular No N/42/94, dated 23-11-1994] is to be followed.

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E1-E2 CSS The matter relating to Ex-serviceman is under consideration of Government of India. Till the time it is decided, their reservation within 50% limit is to be governed by Rule 4[1] of the Exservicemen [Re-employment in Central Civil Services and Posts] Rules, 1979, issued under G.I., M.H.A., D.P. and A.R., Notification No 39016/10/79-Estt. [C], dated 15-12-1979. 50% limit in compassionate appointment is to be regulated in accordance with the instructions contained in Headquarters Office Circular No NGE/5/86 issued under No 61-N. 3/52/84/Zone-3, dated 28-1-1986, i.e., the percentage of vacancies against which compassionate appointment could be made should be determined after deducting from 50% the percentage of vacancies reserved for SC/ST/OBC/Physical handicapped and Ex-servicemen. [See Section 6]

G.I., Dept. of Per. And Trg., O.M. No. 36033/9/95-Estt. (SCT) dated 10-05-1995 Sub: Verification/acceptance of caste certificate furnished by Candidate claiming to belong to OBC. The undersigned is directed to refer Dept. of Per. & Trg., O.M. No. 36012/6/88-Estt [SCT], dated 24-4-1990, on the subject mentioned above where in it was indicated that the appointing authority should include the clause in the offer of the candidates belonging to SC/ST to the effect that the appointment was provisional and would be terminated in case the caste certificate produced by the was found to be false. 2. After issue of reservation order of OBCs, it is considered necessary to have similarly provision in respect of caste certificate furnished by candidates claiming to belong OBC communities. 3. In the offer of appointment to candidate belong to OBC. The appointing authorities should include a clause as follows:The appointment is provisional and is subject to the caste certificate being verified through the proper channels. If the verification reveals that the claim of the candidates to belongs to OBC is false, the services of such candidates will be terminated forthwith without assigning any further reason and without prejudice to such further action as may be taken under the provisions of the Indian Panel Code for production of false certificate. 4. All ministries/Department to take further action on the above lines.

GI, DoP&T OM No. 20011/1/96-Estt [D], dated 30-1-1997 Sub: General/OBC candidates regains is seniority on promotion over earlier promoted SC/ST candidate. GI, DoP&T OM No 42011/18/96-Estt. [Res.] dated 6-3-1997 and dated 1-10-1997 BSNL India For Internal Circulation only Page 66

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Sub: Officer of the rank of deputy secretary to be nominated as a separate Liaison Officer for looking after matters relating to reservation for OBCs. 1. The under signed is directed to invite attention to this Departments O.M. No.36035/8/92Estt. [SCT], dated 10-11-1994, according to which the Liaison Officer appointed look after the reservation for SC/ST where also entrusted with the responsibility of looking after reservation matters relating to the OBCs. 2. The matter of having the same L.O. for the SCs/STs and the OBCs has been reexamine and it has been decided there should be a separate Liaison Officer for looking after matter relating to the reservation for the OBCs. Ministry of Finance, etc., are requested to take immediate steps to appoint a separate L.O for the OBCs. Ministry of Finance, etc., may also please bring this instruction to the notice of all the Attached and Subordinate Officers/PSUs under them for compliance.

2.

SWAMYSRESEVATION AND CONCESSIONS IN GOVT. SERVICES 1. It has been noticed that the Ministries/Departments have appointed Liaison Officer below the levels/status of the Deputy Secretary, without taking into consideration the instructions laid down for the appointment of LO for SC/ST vide O.M., dated 10-4-1968. All the Ministries/Departments are requested to nominate the Deputy Secretary in-charge of administration in the Ministry/Department or another Officer of the rank of the Deputy Secretary as LO for looking after work relating to the matter of reservation for the OBCs in service/posts. The function of the Liaison Officers will be at par with the LO looking after the work of SC/ST in services/posts. [G.I., Dept. of per. & Trg., O.M. No 42011/18/96-Estt. [Res.], dated 1-10-1997] APPENDIX 1 PERSONS / SECTIONS EXCLUDED FROM RESERVATION [Schedule to G.I., Dept. of per. and Trg. O.M No 36012/22/93Estt. (SCT), dated 8-9-1993] Sl. No. I Description of category Constitutional posts To whom rule of exclusion will apply Son(s) and daughter(s) of(f) president of India: (g) Vice president of India: (h) Judges of Supreme court and High court (i) Chairman and Members of UPSC and of the State public service commissions: BSNL India For Internal Circulation only Page 67

2.

E1-E2 CSS Chief election Commissioner: Comptroller and Auditor-General of India: (j) Persons holding constitutional positions of like nature. II II(A) Service Category Group A/ Class I officer of the All India Central and state service (Direct Recruits) Son[s] and daughter[s] of (f) parents, both of whom Class I officers: (g) parents, either of Class I officer: (h) parents, both of whom Class I officer, but one of them dies or suffer permanent incapacitation: (i) parents, either of whom is a Class I officer and such parents, dies or suffers permanent incapacitation and before such death or such incapacitation has had a benefit of employment in any International organization like UN, IMF, World Bank, etc. for a period of not less than 5 years: (j) parents, both of whom are Class I officer and die or suffers permanent incapacitation and before such death or such incapacitation of the both either of them has had the benefit of employment in any international organization like UN, IMF, World Bank, etc for a period of not less than 5 years. Provided that that rule of exclusion shall and not apply in the following cases:(c) Sons and daughter of parents either of whom Or both or whom are Class I officers and such parent(s) dies/die or suffer Permanent incapacitation (d) A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for a job. II(B) B. Group B/Class II officers of the Central and State Services (Direct Recruitment). Son(s) and daughter(s) of(f) parents both of whom are Class II Officer: For Internal Circulation only Page 68

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E1-E2 CSS (g) parents of whom only husband is a Class II officers and he get into Class I at the age of 40 or earlier; (h) parents, both of whom are Class II Officers and one of them dies or Suffer permanent incapacitation and either one of them has had the Benefit of employment in any International (i) Organization like UN, IMF, World Bank, etc., for a period not less than five years before such death or permanent incapacitation; (j) Parents of whom the husband is a Class I Officer [direct recruit of pre-Forty promoted] and wife is a Class II Officer and wife dies or suffer Permanent incapacitation: and parents of whom the wife is a Class I Officer [direct recruit of pre-Forty promoted] and husband is a Class II Officer and husband dies or permanent incapacitation: Provided that the rule of exclusion Shall not apply in following cases: Sons and daughters of (b) parents both of whom Class II Officer and one of them dies or suffer Permanent incapacitation: Son and daughters of(c) parents of both of whom are Class II officers and both of them die or suffer from permanent incapacitation, even though either of them has had a benefit of employment in any International Organization like UN, IMF, World Bank etc, for a period of not less than 5 years before their death or permanent incapacitation. II (C) Employees in public sector Undertaking, etc. The criteria enumerated in A and B above in this category will apply mutatis mutandis to officer holding equivalent or comparable posts in PSUs Banks, Insurance organization, Universities, etc. and also equivalent or comparable posts and position under private employment, pending the For Internal Circulation only Page 69

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E1-E2 CSS evaluation of the post on equivalent or comparable basis in these institution, the criteria specified in category VI below will apply to the officers in this institutions. Son[s] and daughter[s] of parent either or both of whom is or in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Paramilitary Forces; Provided thativ. if the wife of an armed force officer is himself in the armed forces [i.e. the category under consideration] the rule of exclusion will apply only when she herself has reached the rank of Colonel; v. The service rank below Colonel of husband and wife shall not be clubbed together; vi. If the wife an officer in the armed forces is in civil employment, this will not taken in account of applying the rule of exclusion unless she falls in the service category under Item No 11 in which case the criteria and condition enumerated their in will apply to her independently.

III

Armed forces include paramilitary Forces[Person holding civil posts are not Included]

IV

Professional class and those engaged in Trades and industry (i) Personal engaged in profession as a Criteria specified against Category VI will doctor, lawyer, charted account, apply income tax consultant, financial or management consultant, dental surgeon engineer architect, computer specialist, film artist and other film professional, author, playwright, sport person, sports professional, media professional or any other vocations of like status. (ii) Person engaged in trade business Criteria specified against Category VI will and industry. applyEXPLANATION(i) Where the husband is in some profession and The wife is in class II or lower grade employment, the income/wealth test will apply only on the basis on the husband income.

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V V(A)

Property owners Agriculture holding

(ii)If the wife in some profession and the husband is in employment in a Class II or lower rank post, then the income/wealth criterion will apply only on the basis on the wife income and the husband income will not be clubbed with it. Son(s) and daughter(s) of person belonging to a family [father, mother and minor children] which owns(a) only irrigated land is equal to or more than 85% of the statutory ceiling areas, and (b) both irrigated and unirrigated land, as follow(i)The rule of exclusion will apply where the Pre-condition exists that the irrigated area [having been brought to a singe type under a common denominator] 40% or more of the statutory ceiling limit for irrigated land [this calculated by excluding the unirriagated portion] If this pre-condition of not less than 40% exists, Then only the area of unirriagated land will taken into account. This will be done by the converting the unirrigated land n land on the basis of conversion formula existing into the irrigated type. The irrigated area so computed from Unirrigated land shall be added to irrigated land and if after such clubbing together total are in term of irrigated land is 85% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion apply and disentitlement will occur. (ii)The rule of exclusion will not apply if the land holding of the family is exclusively unirrigated

V(B)

Plantations (iii) coffee, tea, rubber. Etc (iv) Mango, citrus, apple plantation

Criteria of income/wealth specified in category VI Below will apply.

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E1-E2 CSS etc. Vacant land and/or building in urban Deemed as agricultural holding and hence areas or urban agglomerations. criteria at a above under this category will apply. Criteria specified in Category VI below will apply. EXPLNATION Building may be used for residential, Industrial or commercial purpose and like two or more such purposes. Income / Wealth Test Son(s) and daughter(s)(a) Persons having gross annual income of Rupees 1 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years. (b) Persons in Categories I, II, III and V-A who are not disentitled to the benefit of reservation but have income from other sources of wealth criteria mentioned in(a) above EXPLANATION (1) Income from salaries or agricultural land shall not be clubbed: (2) The income criteria in terms of rupees will be modified taking into account the change in its value every three years. It the situation , however, so demands, the interregnums may be less. EXPLANATION:Whenever the expression permanent in capacitance occur in this schedule, it shall means incapacitation which results in putting an officer out of service

V (C)

VI

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Principles for making & operating post based rosters.


ANNEXURE-I TO O.M.No. 36012/2/96-Estt.(Res) Dated 02-07-1997

EXPLANATORY NOTES :1. As hitherto, these rosters are only an aid to determine the entitlement of different categories with regard to the quota reserved for them. They are not to determine seniority. 2. The model rosters have been drawn up keeping in mind two fundamental principles the reservation for the entitled categories is to be kept within the prescribed percentage of reservation and the total reservation should in no case exceed 50% of the cadre. 3. There should be separate rosters for direct recruitment and for promotions where reservation in promotion applies. 4. The number of points in each roster shall be equal to the number of posts in a cadre. 5. While cadre is generally to be construed as the number of posts in a particular grade, for the purpose of preparation of roster, it shall comprise posts required to be filled by a particular mode of recruitment in terms of the applicable recruitment rules. To illustrate, in a cadre comprising 200 posts, where the recruitment rules prescribe a ration of 50:50 for direct recruitment and promotions, the roster for direct recruitment shall have 100 points and that for promotion shall have 100 points thus making a total of 200. 6. As indicated in the model, roster, the method for making a roster is to multiply each post by the prescribed percentages of reservation for the different reserved categories. The point at which the multiple for a community obtains a complete number or oversteps the number is to be reserved for that community while taking care to evenly space out the different reserved categories. Thus, at point no. 15, in the roster at Annexure-II both OBC and SC get entitled. However, since earlier reserved point has gone to OBC, point no. 15 has been reserved for SC and point No. 16 for OBC. 7. Since reservation does not apply to transfer/transfer on deputation, where rules prescribe a percentage of posts to be filled by this method, the corresponding proportion of posts should be excluded while drawing u the rosters. 8. It would be noted that at the end of the roster, squeezing has been done for the reserved categories to reach the number of posts to be reserved for them without violating the 50% limit laid down by the Courts. While drawing up rosters, the cadre controlling authorities should similarly squeeze the last points of the roster. Such squeezing may not, however, be down where it would violate the rule of 50%. 9. Whenever there is any increase or decrease in the cadre strength, the roster shall be correspondingly expanded or contracted. The same will also apply whenever there is a change in recruitment rules which affects the proportion of posts to be filled by a particular mode of recruitment. 10. The roster is to be operated on the principle of replacement and not as a running account as hitherto. In other words, the points a which reservation for different categories applies BSNL India For Internal Circulation only Page 73

E1-E2 CSS are fixed as per the roster and vacancies caused by retirement etc. of persons occupying those points shall be filled by appointment of persons of the respective categories. 11. While operating the roster, persons belonging to communities for whom reservation has been made, but who are appointed on merit and not owing to reservation, should not be shown against reserved points. They will occupy the unreserved points. 12. In the case of small cadres (up to 13 posts), all the posts shall be earmarked on the same pattern as in the model post-based rosters. Initial recruitment against these posts shall be by the category for which the post is earmarked. Replacement of incumbents of posts shall be by rotation as shown horizontally against the cadre strength as applicable. While operating the relevant roster, care will have to be taken to ensure that on no occasion the percentage of reserved category candidates exceed 50%. If such a situation occurs at any time, the relevant reserved point occurring as a result of rotation will be skipped. INITIAL OPERATION 1. At the point of initial operation of the roster, it will be necessary to determine the actual representation of the incumbents belong to different categories in a cadre vis--vis the points earmarked for each category viz. SC/ST/OBC and General in the roster. This may be done by plotting the appointments made against each point of roster starting with the earliest appointee. Thus, if the earlier appointee in the cadre happens to be a candidate belong to the Scheduled Castes, against point No. 1 of the roster, the remark utilized by SC shall be entered. If the next appointee is a general category candidate, the remark utilized by general category shall be made against point No.2 and so on and forth till all appointments are adjusted in the respective roster. In making these adjustments, SC/ST/OBC candidates on merit, in direct recruitment, shall be treated as general category candidates. 2. After completing the adjustment as indicated above, a tally should be made to determine the actual percentages of representation of appointees belong to the different categories in the cadre. If there is an excess representation of any of the reserved categories, or if the total representation of the reserved categories exceeds 50%, it shall be adjusted in the future recruitment. Vacancies arising from retirement etc. of candidates belonging to such categories shall be filled by appointment of candidates belonging to the categories to which the relevant roster points, against which the excesses occur, belong. 3. Since recruitment is generally vacancy based, it may happen that the actual number of promotees and direct recruits in the cadre does not correspond to the number of posts earmarked in the respective reservation roster. For the purpose of calculations of representation of reserved category in a cadre, total of promotees and direct recruits may be taken. Rectification of the representation as per prescribed percentage by the prescribed mode of recruitment at the earliest possible should however be the goal.

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FOR DIRECT RECRUITMENT


ANNEXURE-III OBJECTIVE :- REPRESENTATION OF EACH OF THE RESERVED CATEGORY SHOULD AT NO POINT OF TIME EXCEED THE RESERVATION PRESCRIBED FOR IT. MODEL ROSTER OF RESERVATION WITH REFERENCE TO POSTS FOR DIRECT RECRUITMENT ON ALL INDIA BASIS BY OPEN COMPETION

SL NO OF POST

SHARE OF ENTITLEMENT CATEGORY


FOR WHICH THE POST SHOULD BE EARMARKED SC @15% 0.15 0.30 0.45 0.60 0.75 0.90 1.05 1.20 1.35 1.50 1.65 1.80 1.95 2.10 2.25 2.40 2.55 2.70 2.85 3.00 3.15 3.30 3.45 3.60 3.75 3.90 ST @7.5% 0.075 0.150 0.225 0.300 0.375 0.450 0.525 0.600 0.675 0.750 0.825 0.900 0.975 1.050 1.125 1.200 1.275 1.350 1.425 1.500 1.575 1.650 1.725 1.800 1.875 1.950 OBC @27% 0.27 0.54 0.81 1.08 1.35 1.62 1.89 2.16 2.43 2.70 2.97 3.24 3.51 3.78 4.05 4.32 4.59 4.86 5.13 5.40 5.67 5.94 6.21 6.48 6.75 7.02

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BSNL India

UR UR UR OBC-1 UR UR SC-1 OBC-2 UR UR UR OBC-3 UR ST-1 SC-2 OBC-4 UR UR OBC-5 SC-3 UR UR OBC-6 UR UR OBC-7 For Internal Circulation only Page 75

E1-E2 CSS 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 BSNL India 4.05 4.20 4.35 4.50 4.65 4.80 4.95 5.10 5.25 5.40 5.55 5.70 5.85 6.00 6.15 6.30 6.45 6.60 6.75 6.90 7.05 7.20 7.35 7.50 7.65 7.80 7.95 8.10 8.25 8.55 8.70 8.85 9.00 9.15 9.30 9.45 9.60 9.75 9.90 10.05 10.20 10.35 10.50 10.65 2.025 2.100 2.175 2.250 2.325 2.400 2.475 2.550 2.625 2.700 2.775 2.850 2.925 3.000 3.075 3.150 3.225 3.300 3.375 3.450 3.525 3.600 3.675 3.750 3.825 3.900 3.975 4.050 7.29 7.56 7.83 8.10 8.37 8.64 8.91 9.18 9.45 9.72 9.99 10.26 10.53 10.80 11.07 11.34 11.61 12.38 12.15 12.42 12.69 12.96 13.23 13.50 13.77 14.04 14.31 14.58 SC-4 ST-2 UR OBC-8 UR UR UR OBC-9 SC-5 UR UR OBC-10 UR ST-3 SC-6 OBC-11 UR UR OBC-12 UR SC-7 UR OBC-13 UR UR OBC-14 UR SC-8

4.275 4.350 4.425 4.500 4.575 4.650 4.725 4.800 4.875 4.950 5.025 5.100 5.175 5.250 5.325

15.39 15.66 15.93 16.20 16.47 16.74 17.01 17.28 17.55 17.82 18.09 18.36 18.63 18.90 19.17

OBC-15 UR UR OBC-16 SC-9 UR OBC-17 UR UR UR OBC-18 SC-10 ST-5 UR OBC-19 For Internal Circulation only Page 76

E1-E2 CSS 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 BSNL India 10.80 10.95 11.10 11.25 11.40 11.55 11.70 11.85 12.00 12.15 12.30 12.45 12.60 12.75 12.90 13.05 13.20 13.35 13.50 13.65 13.80 13.95 14.10 14.25 14.40 14.55 14.70 14.85 15.00 15.15 15.30 15.45 15.60 15.75 15.90 16.05 16.20 16.35 16.50 16.65 16.80 16.95 17.10 17.25 17.40 5.400 5.475 5.550 5.625 5.700 5.775 5.850 5.925 6.000 6.075 6.150 6.225 6.225 6.375 6.450 6.525 6.600 6.675 6.750 6.825 6.900 6.975 7.050 7.125 7.200 7.275 7.350 7.425 7.500 7.575 7.650 7.725 7.800 7.875 7.950 8.025 8.100 8.175 8.250 8.325 8.400 8.475 8.550 8.625 8.700 19.44 19.71 19.98 20.25 20.52 20.79 21.06 21.33 21.60 21.87 22.14 22.41 22.41 22.95 23.22 23.49 23.76 24.03 24.30 24.57 24.84 25.11 25.38 25.65 25.92 26.19 26.46 26.73 27.00 27.27 27.54 27.81 28.08 28.35 28.62 28.89 29.16 29.43 29.70 29.97 30.24 30.51 30.78 31.05 31.32 UR UR SC-11 OBC-20 UR UR OBC-21 UR ST-6 SC-12 OBC-22 UR UR UR OBC-23 SC-13 UR OBC-24 UR UR UR OBC-25 SC-14 ST-7 UR OBC-26 UR SC-15* OBC-27* UR UR UR OBC-28 UR UR SC-16 ST-8 OBC-29 UR UR OBC-30 UR SC-17 OBC-31 UR For Internal Circulation only Page 77

E1-E2 CSS 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 BSNL India 17.55 17.70 17.85 18.00 18.15 18.30 18.45 18.60 18.75 18.90 19.05 19.20 19.35 19.50 19.65 19.80 19.95 20.10 20.25 20.40 20.55 20.70 20.85 21.00 21.15 21.30 21.45 21.60 21.75 21.90 22.05 22.20 22.35 22.50 22.65 22.80 22.95 23.10 23.25 23.40 23.55 23.70 23.85 24.00 24.15 8.775 8.850 8.925 9.000 9.075 9.150 9.225 9.300 9.375 9.450 9.525 9.600 9.675 9.750 9.825 9.900 9.975 10.050 10.125 10.200 10.275 10.350 10.425 10.500 10.575 10.650 10.725 10.800 10.875 10.950 11.025 11.100 11.175 11.250 11.325 11.400 11.475 11.550 11.625 11.700 11.775 11.850 11.925 12.000 12.075 31.59 31.86 32.13 32.40 32.67 32.94 32.21 33.48 33.75 34.02 34.29 34.56 34.83 35.10 35.37 35.64 35.91 36.18 36.45 36.72 36.99 37.26 37.53 37.80 38.07 38.34 38.61 38.88 39.15 34.42 39.69 39.96 40.23 40.50 40.77 41.04 41.31 41.58 41.85 42.12 42.39 42.66 42.93 43.20 43.47 UR UR OBC-32 ST-9 SC-18 UR OBC-33 UR UR OBC-34 SC-19 UR UR OBC-35 UR UR UR OBC-36 SC-20 ST-10 UR OBC-37 UR SC-21 OBC-38 UR UR UR OBC-39 UR SC-22 ST-11 OBC-40 UR UR OBC-41 UR SC-23 UR OBC-42 UR UR UR ST-12 OBC-43 For Internal Circulation only Page 78

E1-E2 CSS 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 24.30 24.45 24.60 24.75 24.90 25.05 25.20 25.35 25.50 25.65 25.80 25.95 26.10 26.25 26.40 26.55 26.70 27.00 27.15 27.30 27.45 27.60 27.75 27.90 28.05 28.20 28.35 28.50 28.65 28.80 28.95 29.10 29.25 29.40 29.55 29.70 29.85 30.00 12.150 12.225 12.300 12.375 12.450 12.525 12.600 12.675 12.750 12.825 12.900 12.975 13.050 13.125 13.200 13.275 13.350 13.500 13.575 13.650 13.725 13.800 13.875 13.950 14.025 14.100 14.175 14.250 14.325 14.400 14.474 14.550 14.625 14.700 14.775 14.850 14.925 15.000 43.74 44.01 44.28 44.55 44.82 45.09 45.36 45.63 45.90 46.17 46.44 46.71 46.98 47.25 47.52 47.79 48.06 48.60 48.87 49.14 49.41 49.68 49.95 50.22 50.49 50.76 51.03 51.30 51.57 51.84 52.11 52.38 52.65 52.92 52.19 53.46 53.73 54.00 SC-24 OBC-44 UR UR UR OBC-45 SC-25 UR UR OBC-46 UR UR SC-26 ST-13 OBC-47 UR OBC-48 SC-27 UR OBC-49 UR UR UR OBC-50 SC-28 ST-14 OBC-51 UR UR UR OBC-52 SC-29 UR UR OBC-53 ST-15* SC-30* OBC-54*

* TO ALLOT REQUISITE NUMBER OF POSTS WITHOUT VIOLATING RULE OF 50%

BSNL India

For Internal Circulation only Page 79

E1-E2 CSS
APPENDIX TO ANNEXURE-II MODEL ROSTER FOR DIRECT RECRUITMENT ON ALL INDIA BASIS BY OPEN COMPETITION FOR CADRE STRENGTH UPTO THIRTEEN POSTS. CADRE INITIAL STREN RECRUITM GTH ENT 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. UR UR
ST

REPLACEMENT NUMBER

ND

RD

TH

TH

TH

TH

TH

TH

10

TH

11

TH

12

TH

13

TH

UR

UR OBC UR UR

UR UR

UR

SC OBC UR UR

UR UR

UR

UR OBC UR ST

UR ST

ST

UR OBC UR UR

SC OBC UR UR

UR OBC UR ST

UR OBC OBC UR UR UR UR

SC OBC UR UR

UR OBC UR ST

SC OBC UR UR

UR OBC UR ST

SC OBC UR UR

UR OBC UR ST

SC OBC UR UR

UR OBC UR ST

SC OBC OBC UR UR UR UR

UR OBC UR ST

UR OBC UR ST

UR OBC UR ST

UR OBC UR ST

UR OBC OBC UR UR ST

NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER COLUMN CADRE STRENGTH TILL THE LAST POST AND THEN HORIZONTALLY TILL THE LAST ENTRY IN THE HORIZONTAL ROW I.E. LIKE L 2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER COLUMN INTITIAL APPOINTMENT. WHILE INTIAL FILLING UP WILL BE BY THE EARMARKED CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE SHALL BE BY ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE CADRE. 3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF IT LEADS TO MORE THAN 50% REPRESENTATION OF RESERVED CATEGORY.

BSNL India

For Internal Circulation only Page 80

E1-E2 CSS ANNEXURE III FOR PROMOTION OBJECTIVE : REPRESENTATION OF EACH OF THE RESERVED CAEGORY SHOULD AT NO POINT OF TIME EXCEED THE RESERVATION PRESCRIBED FOR IT MODEL ROSTER OF RESERVATION WITH REFERENCE TO POST - PROMOTION
SL. NO OF POST SHARE OF ENTITLEMENT CATEGORY FOR WHICH THE POST SHOULD BE EARMARKED

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 BSNL India

SC @ 15% 0.15 0.30 0.45 0.60 0.75 0.90 1.05 1.20 1.35 1.50 1.65 1.80 1.95 2.10 2.25 2.40 2.55 2.70 2.85 3.00 3.15 3.30 3.30 3.60 3.75 3.90 4.05 4.20 4.35

ST @ 7.5% 0.075 0.150 0.225 0.300 0.375 0.450 0.525 0.600 0.675 0.750 0.825 0.900 0.975 1.050 1.125 1.200 1.275 1.350 1.425 1.500 1.575 1.650 1.650 1.800 1.875 1.950 2.025 2.100 2.175

UR UR UR UR UR UR SC-1 UR UR UR UR UR UR ST-1 SC-2 UR UR UR UR SC-3 UR UR UR UR UR UR SC-4 ST-2 UR For Internal Circulation only Page 81

E1-E2 CSS 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 BSNL India 4.50 4.65 4.80 4.95 5.10 5.25 5.40 5.55 5.70 5.85 6.00 6.15 6.30 6.45 6.60 6.75 6.90 7.05 7.20 7.35 7.50 7.65 7.80 7.95 8.10 8.25 8.40 8.55 8.70 8.85 9.00 9.15 9.30 9.45 9.60 9.75 9.90 10.05 10.20 10.35 10.50 10.65 10.80 10.95 11.10 2.250 2.325 2.400 2.475 2.550 2.625 2.700 2.775 2.850 2.925 3.000 3.075 3.150 3.225 3.300 3.375 3.450 3.525 3.600 3.675 3.750 3.825 3.900 3.975 4.050 4.125 4.200 4.275 4.350 4.425 4.500 4.575 4.650 4.725 4.800 4.875 4.950 5.025 5.100 5.175 5.250 5.325 5.400 5.475 5.550 UR UR UR UR UR SC-5 UR UR UR UR ST-3 SC-6 UR UR UR UR UR SC-7 UR UR UR UR UR UR SC-8 ST-4 UR UR UR UR UR SC-9 UR UR UR UR UR UR SC-10 ST-5 UR UR UR UR SC-11 For Internal Circulation only Page 82

E1-E2 CSS 75 11.25 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 BSNL India 5.625 11.40 11.55 11.70 11.85 12.00 12.15 12.30 12.45 12.60 12.75 12.90 13.05 13.20 13.35 13.50 13.65 13.80 13.95 14.10 14.25 14.40 14.55 14.70 14.85 15.00 15.15 15.30 15.45 15.60 15.75 15.90 16.05 16.20 16.35 16.50 16.65 16.80 16.95 17.10 17.25 17.40 17.55 17.70 17.85 UR 5.700 5.775 5.850 5.925 6.000 6.075 6.150 6.225 6.300 6.375 6.450 6.525 6.600 6.675 6.750 6.825 6.900 6.975 7.050 7.125 7.200 7.275 7.350 7.425 7.500 7.575 7.650 7.725 7.800 7.875 7.950 8.025 8.100 8.175 8.250 8.325 8.400 8.475 8.550 8.625 8.700 8.775 8.850 8.925

UR UR UR UR ST-6 SC-12 UR UR UR UR UR SC-13 UR UR UR UR UR UR SC-14 ST-7 UR UR UR SC-15* UR UR UR UR UR UR UR SC-16 ST-8 UR UR UR UR UR SC-17 UR UR UR UR UR For Internal Circulation only Page 83

E1-E2 CSS 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 BSNL India 18.00 18.15 18.30 18.45 18.60 18.75 18.90 19.05 19.20 19.35 19.50 19.65 19.80 19.95 20.10 20.25 20.40 20.55 20.70 20.85 21.00 21.15 21.30 21.45 21.60 21.75 21.90 22.05 22.20 22.35 22.50 22.65 22.80 22.95 23.10 23.25 23.40 23.55 23.70 23.85 24.00 24.15 24.30 24.45 24.60 9.000 9.075 9.150 9.225 9.300 9.375 9.450 9.525 9.600 9.675 9.750 9.825 9.900 9.975 10.050 10.125 10.200 10.275 10.350 10.425 10.500 10.575 10.650 10.725 10.800 10.875 10.950 11.025 11.100 11.175 11.250 11.325 11.400 11.475 11.550 11.625 11.700 11.775 11.850 11.925 12.000 12.075 12.150 12.225 12.300 ST-9 SC-18 UR UR UR UR UR SC-19 UR UR UR UR UR UR UR SC-20 ST-10 UR UR UR SC-21 UR UR UR UR UR UR SC-22 ST-11 UR UR UR UR UR SC-23 UR UR UR UR UR ST-12 UR SC-24 UR UR For Internal Circulation only Page 84

E1-E2 CSS 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 24.75 24.90 25.05 25.20 25.35 25.50 25.65 25.80 25.95 26.10 26.25 26.40 26.55 26.70 26.85 27.00 27.15 27.30 27.45 27.60 27.75 27.90 28.05 28.20 28.35 28.50 28.65 28.80 28.95 29.10 29.25 29.40 29.55 29.70 29.85 30.00 12.375 12.450 12.525 12.600 12.675 12.750 12.825 12.900 12.975 13.050 13.125 13.200 13.275 13.350 13.425 13.500 13.575 13.650 13.725 13.800 13.875 13.950 14.025 14.100 14.175 14.250 14.325 14.400 14.475 14.550 14.625 14.700 14.775 14.850 14.925 15.000 UR UR UR SC-25 UR UR UR UR UR SC-26 ST-13 UR UR UR UR SC-27 UR UR UR UR UR UR SC-28 ST-14 UR UR UR UR UR SC-29 UR UR UR ST-15* SC-30* UR

BSNL India

For Internal Circulation only Page 85

E1-E2 CSS

APPENDIX TO ANNEXURE-III-C MODEL ROSTER FOR PROMOTION FOR CADRE STRENGTH UPTO THIRTEEN POSTS CADRE INITIAL RECRUITMENT STRENGT H 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. UR UR UR UR UR UR SC UR UR UR UR UR UR
ST

REPLACEMENT NUMBER

ND

RD

TH

TH

TH

TH

TH

TH

10

TH

11

TH

12

TH

13

TH

UR UR UR UR UR SC UR UR UR UR UR UR ST

UR UR UR UR SC UR UR UR UR UR UR ST

OBC UR UR SC UR UR UR UR UR UR ST

UR UR SC UR UR UR UR UR UR ST

UR SC UR UR UR UR UR UR ST

SC UR UR UR UR UR UR ST

UR UR UR UR UR UR ST

UR UR UR UR UR ST

UR UR UR UR ST

UR UR UR ST

OBC UR ST

UR ST

ST

NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER COLUMN CADRE STRENGTH TILL THE LAST POST AND THEN HORIZONTALLY TILL THE LAST ENTRY IN THE HORIZONTAL ROW I.E. LIKE L 2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER COLUMN INTITIAL APPOINTMENT. WHILE INTIAL FILLING UP WILL BE BY THE EARMARKED CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE SHALL BE BY ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE CADRE.

BSNL India

For Internal Circulation only Page 87

E1-E2 CSS

3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF IT LEADS TO MORE THAN 50% RERESENTATION OF RESERVED CATEGORY

BSNL India

For Internal Circulation only Page 88

E1-E2 CSS

FOR DIRECT RECRUITMENT ANNEXURE IV OBJECTIVE : REPRESENTATION OF EACH OF THE RESERVED CAEGORY SHOULD AT NO POINT OF TIME EXCEED THE RESERVATION PRESCRIBED FOR IT MODEL ROSTER OF RESERVATION WITH REFERENCE TO POSTS FOR DIRECT RECRUITMENT ALL INDIA BASIS OTHERWISE THAN BY OPEN COMPETION SL. NO OF POST SC @ 16.66% 0.166 0.332 0.498 0.664 0.830 0.996 1.162 1.328 1.494 1.660 1.826 1.992 2.158 2.324 2.490 2.656 2.822 2.988 3.154 3.320 3.486 3.652 3.818 SHARE OF ENTITLEMENT CATEGORY FOR WHICH THE POST SHOULD BE EARMARKED ST OBC @ 7.5% @ 25.84% 0.075 0.258 UR 0.150 0.156 UR 0.225 0.774 UR 0.300 1.032 OBC-1 0.375 1.290 UR 0.450 1.548 UR 0.525 1.806 SC-1 0.600 2.064 OBC-2 0.675 2.322 UR 0.750 2.580 UR 0.825 2.838 UR 0.900 3.096 OBC-3 0.975 3.354 SC-2 1.050 3.612 ST-1 1.125 3.870 UR 1.200 4.128 OBC-4 1.275 4.386 UR 1.350 4.644 UR 1.425 4.902 SC-3 1.500 5.160 OBC-5 1.575 5.418 UR 1.650 5.676 UR 1.725 5.934 UR For Internal Circulation only Page 89

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BSNL India

E1-E2 CSS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 BSNL India 3.984 4.150 4.316 4.482 4.648 4.814 4.980 5.146 5.312 5.478 5.644 5.810 5.976 6.142 6.308 6.474 6.640 6.806 6.972 7.138 7.304 7.470 7.636 7.802 7.968 8.134 8.300 8.466 8.632 8.798 8.964 9.130 9.296 9.462 9.628 9.794 9.960 10.126 10.292 10.458 10.624 10.790 10.956 11.122 11.288 1.800 1.875 1.950 2.025 2.100 2.175 2.250 2.325 2.400 2.475 2.550 2.625 2.700 2.775 2.850 2.925 3.000 3.075 3.150 3.225 3.300 3.375 3.450 3.525 3.600 3.675 3.750 3.825 3.900 3.975 4.050 4.125 4.200 4.275 4.350 4.425 4.500 4.575 4.650 4.725 4.800 4.875 4.950 5.025 5.100 6.192 6.450 6.780 6.966 7.224 7.482 7.740 7.998 8.256 8.514 8.772 9.030 9.288 9.546 9.804 10.062 10.320 10.578 10.836 11.094 11.352 11.610 11.868 12.126 12.384 12.642 12.900 13.158 13.416 13.674 13.932 14.190 14.448 14.706 14.964 15.222 15.480 15.738 15.996 16.254 16.512 16.770 17.028 17.286 17.544 OBC-6 SC-4 UR ST-2 OBC-7 UR UR SC-5 OBC-8 UR UR OBC-9 UR SC-6 UR OBC-10 ST-3 UR UR SC-7 OBC-11 UR UR OBC-12 UR SC-8 UR OBC-13 UR UR ST-4 OBC-14 SC-9 UR UR OBC-15 UR SC-10 UR OBC-16 UR UR OBC-17 SC-11 ST-5

For Internal Circulation only Page 90

E1-E2 CSS 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 BSNL India 11.454 11.620 11.786 11.952 12.118 12.284 12.450 12.616 12.782 12.948 13.114 13.280 13.446 13.612 13.778 13.944 14.110 14.276 14.442 14.608 14.774 14.940 15.106 15.272 15.438 15.604 15.770 15.936 16.102 16.268 16.434 16.600 16.766 16.932 17.098 17.264 17.430 17.596 17.762 17.928 18.094 18.260 18.426 18.592 18.758 5.175 5.250 5.325 5.400 5.475 5.550 5.625 5.700 5.775 5.850 5.925 6.000 6.075 6.150 6.225 6.300 6.375 6.450 6.525 6.600 6.675 6.750 6.825 6.900 6.975 7.050 7.125 7.200 7.275 7.350 7.425 7.500 7.575 7.650 7.725 7.800 7.875 7.950 8.025 8.100 8.175 8.250 8.325 8.400 8.475 17.802 18.060 18.318 18.576 18.834 19.092 19.350 19.608 19.866 20.124 20.382 20.640 20.898 21.156 21.414 21.672 21.930 22.188 22.446 22.704 22.962 23.220 23.478 23.736 23.994 24.252 24.510 24.768 25.026 25.284 25.542 25.800 26.058 26.316 26.574 26.832 27.090 27.348 27.606 27.864 28.122 28.380 28.638 28.896 29.154 UR OBC-18 UR UR SC-12 OBC-19 UR UR UR OBC-20 SC-13 ST-6 UR OBC-21 UR UR SC-14 OBC-22 UR UR UR OBC-23 SC-15 UR UR OBC-24 ST-7 UR SC-16 OBC-25 UR UR OBC-26 UR SC-17 UR OBC-27 UR ST-8 UR OBC-28 SC-18 UR UR OBC-29

For Internal Circulation only Page 91

E1-E2 CSS 114 115 116 117 118 119 120 18.924 19.090 19.256 19.422 19.588 19.754 19.920 8.550 8.625 8.700 8.775 8.850 8.925 9.000 29.412 29.670 29.928 30.186 30.444 30.702 30.960 UR SC-19 UR OBC-30 ST-9 SC-20* OBC-31*

* TO ALLOT REQUISITE NUMBER OF POSTS WITHOUT VIOLATING RULE OF 50%.

BSNL India

For Internal Circulation only Page 92

E1-E2 CSS

APPENDIX TO ANNEXURE-IV ROSTER FOR DIRECT RECRUITMENT OTHERWISE THAN THROUGH OPEN COMPETITION FOR CADRE STRENGTH UPTO THIRTEEN POSTS. CADRE INITIAL RECRUITMENT STRENGT H 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. UR UR UR OBC UR UR SC OBC UR UR UR OBC SC
ST

REPLACEMENT NUMBER

ND

RD

TH

TH

TH

TH

TH

TH

10

TH

11

TH

12

TH

13

TH

UR UR OBC UR UR SC OBC UR UR UR OBC SC ST

UR OBC UR UR SC OBC UR UR UR OBC SC ST

OBC UR UR SC OBC UR UR UR OBC SC ST

UR UR SC OBC UR UR UR OBC SC ST

UR SC OBC UR UR UR OBC SC ST

SC OBC UR UR UR OBC SC ST

OBC UR UR UR OBC SC ST

UR UR UR OBC SC ST

UR UR OBC SC ST

UR OBC SC ST

OBC SC ST

SC ST

ST

NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER COLUMN CADRE STRENGTH TILL THE LAST POST AND THEN HORIZONTALLY TILL THE LAST ENTRY IN THE HORIZONTAL ROW I.E. LIKE L 2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER COLUMN INTITIAL APPOINTMENT. WHILE INTIAL FILLING UP WILL BE BY THE EARMARKED CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE SHALL BE BY ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE CADRE. 3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF IT LEADS TO MORE THAN 50%

BSNL India

For Internal Circulation only Page 93

E1-E2 CSS

RERESENTATION

OF

RESERVED

CATEGORY.

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For Internal Circulation only Page 94

E1-E2 CSS

BSNL India

For Internal Circulation only Page 95