Q.1 : What is the
Government on reservation for SCs, STs and OBCs?
And; Reservation to the
SCs. STs and OBCs in case of direct recruitment on all India basis
by open competition is given at the rate of 15%, 7.5% and 27%
respectively. In case of direct recruitment on all India basis otherwise than
by open competition, reservation for SCs. STs and OBCs is 16.66%, 7.5% and
25.84% respectively. In case of direct recruitment to Group C and D posts which
normally attract candidates from a locality or a region, percentage of
reservation for SCs/STs is generally fixed in proportion to the population of
SCs and STs in the respective States/UTs. For OBCs it is fixed keeping in view
the proportion of their population in the concerned State/UT and the fact that
total reservation for SCs/STs/OBCs remains within the limit of 50% and reservation
for OBCs remains within the limit of 27%.
Reservation
in promotion by non-selection method is available to SCs and the STs in all
groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively.
In case of promotion by selection method reservation is available upto the
lowest rung of Group ‘A’ at the same rates.In promotion by selection to posts
within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (in
pre-revised scale), there is no reservation, but the Scheduled Caste/Scheduled
Tribe officers who are senior enough in the zone of consideration for promotion
so as to be within the number of vacancies for which the select list is to be drawn
up, would be included in that list provided they are not considered unfit for
promotion.
Q.2 What are the key
provisions of Reservation Policy?
Ans: Following are the key
provisions of Policy of Reservation for SCs, STs and OBCs:
(i) SCs/ STs get
reservation in all groups of posts under the Government in case of direct
recruitment and in case of promotions made by non-selection method. In case of
promotions made by selection, reservation is available to them when promotions
are made in Group B, C, D posts and from Group B to the lowest rung in Group
‘A’ posts.
(ii) SC/ST/OBC candidates
appointed by direct recruitment and SC/ST candidates also promoted on their own
merit are adjusted against unreserved posts.
(iii) In promotion by
selection to posts within Group ‘A’ which carry an ultimate salary of Rs.
18,300/- or less (pre-revised), there is no reservation, but the Scheduled
Caste/Scheduled Tribe officers who are senior enough in the zone of
consideration for promotion so as to be within the number of vacancies for
which the select list is to be drawn up, would be included in that list
provided they are not considered unfit for promotion.
(iv) There is a general ban
on dereservation of posts in case of direct recruitment.
(v) In case of direct
recruitment various relaxations, like relaxations in age limit by 5 yerar;
exemption from payment of examination/application fees; relaxation in
qualification of experience at the discretion of UPSC/competent authority;
relaxation in standard of suitability, etc. are available to members of SCs and
STs.
(vi) In case of direct
recruitment, OBCs get relaxation of 3 years in upper age limit, relaxation in
standards of suitability, etc.
(vii) In case of promotion,
zone of consideration is extended upto five times the number of vacancies in
case suitable candidates are not available within normal zone of consideration;
minimum qualifying marks/ standards of evaluation are relaxable; upper age
limit is relaxable by five years where upper age limit for promotion is
prescribed not more than 50 years.
(viii) There is a provision
of appointment of liaison officers in all Ministries/ Departments to ensure
proper implementation of reservation policy.
Q. 3: What are the
relaxations available to SCs/STs?
Ans:The relaxations that
are available for the SCa and STs in direct recruitment are as follows:-
a) Relaxation in the upper
age limit by five years;
b) Exemption from payment
of examination / application fees;
c) Where interview is a
part of the recruitment process, SC / ST candidates should be interviewed
separately;
d) Qualification regarding
experience can be relaxed in respect of SC / ST candidates at the discretion of
UPSC / Competent Authority;
e) Standards of suitability
can be relaxed etc.
The relaxations that are
available for the SCs / STs in promotions are as follows:-
a) The zone of
consideration is extended to five times the number of vacancies in case
suitable SC / ST candidates are not available within the normal zone of
consideration;
b) Minimum qualifying marks
/ standards of evaluation are relaxable;
c) Upper age limit
relaxable by five years where upper age limit for promotion is prescribed not
exceeding fifty years. etc.
Q.4. What are the
relaxations available to OBCs?
Ans: Relaxations available
to OBCs in direct recruitment are as follows:
(i) Relaxation in the upper
age limit by 3 years.
(ii) Qualification
regarding experience can be relaxed at the discretion of Competent
Authority.
(iii) Standards of
suitability can be relaxed, etc.
Q.5. Who is an own merit
candidate?
Ans: A candidate belonging
to SC/ST/OBC who is selected on the same standard as applied to general
category candidates and who appears in the general merit list is treated as own
merit candidate. Such candidate is adjusted against unreserved point of the reservation
roster. Department of Personnel and Training O.M. No.36011/1/98-Estt.(Res.)
dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected
on the same standard as applied to general candidates shall not be adjusted
against reserved vacancies. In other words, when a relaxed standard is applied
in selecting an SC/ST/OBC candidate, for example in the age limit, experience
qualification, permitted number of chances in written examination, extended
zone of consideration larger than what is provided for general category
candidates, etc., the SC/ST/OBC candidates are to be counted against reserved
vacancies. Such candidates would be deemed to be unavailable for consideration
against unreserved vacancies.
Q.6. What is the difference
between post based reservation and vacancy based reservation?
Ans: Reservation to SCs.
STs and OBCs prior to 2.07.1997 was implemented through vacancy based rosters
in which case calculation of reserved vacancies depended on the total number of
vacancies to be filled. The Supreme Court in the case of R.K. Sabharwal held
that reservation in a cadre should be calculated on the basis of total number
of posts in the cadre and not the vacancies. It means that if reservation
for SCs is 15% and cadre strength in a grade is 100, 15 posts will be reserved
for SCs i.e. at any point of time 15 posts in this cadre should be held by SCs
appointed by reservation. Whenever their representation comes down, it would be
completed.
Q.7: What is a Backlog
vacancy and why are so many backlog vacancies in services?
Ans: Backlog Revered
Vacancies of a category are those vacancies which were earmarked reserved for
that category in and earlier recruitment year but remained unfilled in the
previous recruitment attempt on account of non-availability of suitable
candidates belonging to that category and are still lying unfilled.
As per instructions issued
by the DoP&T, if sufficient number of suitable SCs, STs and OBC candidates
do not become available to fill up the vacancies reserved for them in the first
attempt of recruitment, a second attempt is made for recruiting suitable
candidates belonging to the concerned category in the same recruitment year or
as early as possible before the next recruitment year so that backlog reserved
vacancies are not created. However, even after making such efforts the reserved
vacancies are not filled up and backlog vacancies are created which are carried
forward to the subsequent recruitment year, in which concerted efforts are made
to fill up the backlog reserved vacancies as soon as possible.
It may be observed that
reason of creation of backlog reserved vacancy is non-availability of reserved
category candidates for some posts.
Q.8 Whether the
ceiling of 50% reservation would apply to backlog reserved vacancies of SCs,
STs and OBCs.
Ans. Backlog reserved
vacancies are treated as special and distinct group and ceiling of 50%
reservation in a recruitment year does not apply to backlog reserved vacancies.
Q.9 What is the
policy of Government about appointment of less qualified SCs, STs and OBCs
candidates?
Ans: Instructions provide
that in direct recruitment whether by examination or otherwise, if sufficient
number of Scheduled Caste candidates are not available on the basis of the
general standard to this community should be selected to fill up the remaining
vacancies reserved for them provided they are not found unfit for such post or
posts. Thus, to the extent the number of vacancies reserved for Scheduled
Castes cannot be filled on the basis of general standard, candidate belonging
to SC community are taken by relaxed standard to make up the deficiency in the
reserved quota, subject to the fitness of these candidates for appointment to
the post/posts in question.
In addition to the concession
referred to above, instructions further provide that in cases where the
requisite number of SC candidate fulfilling even the relaxed standards
admissible in their cases are not available to fill the vacancies reserved for
them in non-technical and quasi-technical Group C and D services/posts required
to be filled by direct recruitment otherwise than by written examination, the
selecting authorities should, to the extent of the vacancies reserved for SC.
select for appointment the best among the SC candidates who fulfil the minimum
educational qualification laid down in the notice for recruitment of
advertisement. In order to bring such candidates to the minimum standard
necessary for the posts and for the maintenance of efficiency of
administration, they should be given in-service training.
Where some period of
experience is prescribed as an essential qualification for direct recruitment
to a post, an where, in the opinion of the Ministry/ Department concerned, the
relaxation of the experience qualification is not inconsistent with efficiency,
a provision is inserted under the "essential qualification’ in the
relevant recruitment rules to the effect that UPSC/ Competent Authority may
relaxed the experience/qualification in the case of SC/ST/OBC candidates.
Q.10. Why there is no
reservation in case of promotion within Group A?
Ans: Reservation to SCs and
STs is available at all levels in the matter of promotion by non-selection
method. In case of promotion by selection they get reservation up to the lowest
rung of Group ‘A’. Though there is no reservation in promotion by
selection within Group A, in ease of promotion by selection from a Group ‘A’
post having a maximum salary of Rs. 18,300/- or less( in pre-revised scale),
the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone
of consideration for promotion so as to be within the number of vacancies for
which the select list is to be drawn up, are included in that list provided
they are not considered unfit for promotion. Thus sufficient care is taken to
ensure that the SC/ST officers get promotion to such higher posts even if they
do not meet the criterion laid down for general category candidates.
The Supreme Court in Indra
Sawhney’s case had declared reservation in promotion ultra virus. However, in
order to continue reservation in promotion, the 77th Amendment was made to the
Constitution incorporating clause (4A) in Article 16 of the Constitution which
enabled the State to continue reservation in promotion. The statement of
Objects and Reasons of the Constitution (Eight-Sixth Amendment) Bill which
became the Constitution (77th Amendment) Act, stated that the object was to
continue the then existing dispensation. Since reservation in promotion was not
available when promotions were made by selection within Group ‘A’ posts even
before the judgment of the Supreme Court in Indra Sawhney case, the
Department’s O.M. dated August 13, 1997 issued in pursuance of Article 16 (4A)
has restored the previously existing dispensation, which did not provided for
reservation in promotion by selection within Group ‘A’ posts.
Q.11 What is the
objective behind the issuance of caste certificates to Scheduled Casts and
Scheduled Tribes?
Ans. The main objective of
issuance of caste certificate is to facilitate access of bonafide candidates
belonging to the Scheduled Castes Scheduled Tribe and Other Backward Class to
the reserved posts and services under the State and other facilities provided
by the State to them.
Q.12. Whether the
Government have achieved the objective behind the issue of caste certificate?
Ans. On the basis of caste
certificates, large number of reserved category candidates have been able to
secure employment in Government establishments, PSUs, Banks, autonomous bodies
ets.; secure admissions to educational institutions; and get other facilities
provided by the Government to the members of Scheduled Castes. Scheduled Tribes
and Other Backward Classes.
Q.13 What is the
procedure for issuing of Scheduled Caste/Scheduled Tribe/other Backward Class
certificates? Who is the competent authority to issue the same?
Is any other authority
other than specified, in any circumstances allowed to issue such certificates,
If so, elaborate.
Ans. The instructions
contained in this Department’s OM No.36012/6/88-Estt.(Res.) dated 24.4.90 and
OM No.36012/22/93-Estt,(Res.) dated 15.11.1993 provide the Authorities who are
competent to issue of caste certificates and also the proforma However, the
Central Government accepts the certificates issued only by the following
authorities in the prescribed proforma:
(1) District Magistrate /
Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy
Commissioner/Deputy Collector/1st class stipendiary Magistrate/Sub Divisional
Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant
Commissioner.
(2) Chief Presidency
Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(3) Revenue Officer not
below the rank of Thasildar and
(4) Sub-Divisional Officer
of the area where the candidate and /or his family normally resides.
Q.14 What are the
guidelines that have been issued to the appointing authorities in regard to
scrutiny and verification of caste certificates of candidates at the time of
their entry into Government service?
Whether the present
guidelines on the subject are fool proof so that genuine SC/ST are not deprived
of their Constitutional rights.
Ans. The Government of
India has issued instructions regarding scrutiny and verification of the caste
certificates of the candidates at the time of initial appointment and at every
important upturn of employee’s career. This Department re-iterated the
instructions vide O.M. No.36011/3/2005-Estt.(Res.) dated 9th September 2005.
Q.15 What are the
guidelines in case of migration of a reserved category person from one state to
another State?
Ans. When a person migrates
from the portion of the State in respect of which his community is Scheduled to
another part of the same State in respect of which his community is not
scheduled, he will continue to be deemed to be a member of the Scheduled Caste
or the Scheduled Tribe or the Other Backward Class, as the case may be in
relation to that State; When a person who is a member from one State to
another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only
in relation to the State to which be originally belonged and not in respect of
the State to which he has migrated.
Q.16 What action is
taken when complaints are received about the genuineness of caste certificate
once the appointments have been given or on detection of a prima facie case of
a false SC/ST certificate at any stage of employment? Is there a set procedure
to be followed for punish in such an employee?
Ans. The instructions
contained in The Department of Personnel & Training’s O.M.
No.11012/7/91-Estt.(A) dated 19-5-93 provide that wherever it is found that a
Government servant, who was not qualified or eligible in terms of the
recruitment rules etc. for initial recruitment in service or had furnished
false information or produced a false certificate in order to secure appointment,
he should not be retained in service. If he in a probationer or a temporary
Government servant, he should be discharged or his services should be
terminated. If he has become a permanent Govt. Servant, an inequity as
prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges
ar proved, the Government servant should be removed or dismissed from service.
In no circumstances should any other penalty be imposed. Necessary action
may also be taken under the provisions of the IPC for priduction of false
certificates.
Q. 17 What is ‘Creamy
Layer’ amongst OBCs?
Ans. The Supreme Court in
Indra Sawhney case has unheld 27% reservation for OBCs in civil posts and
services under the State subject to exclusion of socially advanced persons/
sections (creamy layer) from OBCs within 4 months form the date of
judgment.
2. Following the above
judgment of the Supreme Court, the Government had constituted an Expert
Committee to make recommendations on the socio-economic criteria to be adopted
for excluding the creamy layer amongst OBCs. The report of the Expert Committee
was considered and accepted by the Government and the categories of the
persons/ selections to be excluded from the purview of reservation orders for
OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this
Department. Initially, the Income limit of ‘creamy layer’ vide the aforesaid
O.M. for exclusion of reservation was fixed Rs. 1 Lakh.
3. Last time, this income
ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM
No.36033/3/2004-Estt.(Res.) on 14.10.2008.
Q.18 What is the criteria
to determine the ‘creamy layer’ amongst OBCs Employees working in PSUs?
Ans. The criteria prescribed for
determining creamy layer status of some and daughters of persons in Government
service mutatis mutandis applies to the sons and daughters of persons holding
equivalent or comparable posts in PSUs, Banks, Insurance Organisation,
Universities etc. and also holding equivalent or comparable posts and positions
under private employment. The creamy layer status of the sons and daughters of
employees of organizations where evaluation of the posts on equivalent or
comparable basis has not been made is determined on the basis of ‘Income/
Wealth Test’ given in the Schedule. The income/ wealth Test prescribes that the
gross annual income of Rs. 4.5 lakh or above or possessing wealth above the
exemption limit as prescribed in Wealth Tax Act for a period of three
consecutive years would be treated to fall in creamy layer.
No comments:
Post a Comment