In a first, plea in apex court seeks SC/ST creamy layer's exclusion from quota

Deserving and impoverished biting the dust’

The Supreme Court will hear a petition to exclude the affluent members, or the creamy layer, of the Scheduled Castes and Scheduled Tribes from the benefits of reservation.

A Bench, led by Chief Justice of India Dipak Misra, will hear the petition, which argues that the rich among the SCs/STs are “snatching away” the benefits, while the deserving and impoverished continue to “bite the dust.” It is this lack of percolation of benefits to the poor and really backward among these communities that has led to social unrest, Naxalite movement and perennial poverty, it says.

This is the first time a petition has been filed urging the Supreme Court to introduce the creamy layer concept for the SCs/STs. In 1992, a nine-judge Bench of the court in the Indra Sawhney case, or the Mandal case as it was popularly known, upheld the caste-based reservation for the OBCs as valid. The court also said the creamy layer of the OBCs (those earning a specified income) should not get the benefits of reservation. The ruling, however, confined the exclusion of the creamy layer to the OBCs and not the SCs/STs. Now, the petition filed by Samta Andolan Samiti, which represents the poor strata of the SCs/STs in Rajasthan, wants the creamy layer of the SCs/STs excluded from the benefits.

Scrutiny of assets

The petition, filed by advocate Shobhit Tiwari, refers to the Constitution Bench’s 2006 judgment in the M. Nagaraj case that the “means test [a scrutiny of the value of assets of an individual claiming reservation] should be taken into consideration to exclude the creamy layer from the group earmarked for reservation.”

The uplifted/affluent and advanced sections of the SCs/STs snatch away the maximum benefit and the 95% members of these communities are at a disadvantage. The affluent among the SCs/STs are siphoning off the reservation benefits given to them by the State government as well as the Central government... The benefits of the reservation policy are not percolating down to the people who are in actual need of them,” the petition argues. This lack of percolation of quota benefits to the poorest of the poor ensures that the “weak always remains the weak and the fortunate layers consume the whole cake.”

The petition argues that no class or caste remained homogeneously backward across time. Only the backward portion of castes included in the list of SCs/STs alone are constitutionally entitled to the benefits of reservation.

Source.The Hindu dt 29.1.2018

Blogger views:

The former President Shri.K.R.Narayanan had once said that only 4%of  people are affluent among SC/ST population, hence the question of excluding creamy layer doesn't arise in reservation,more over the posts reserved for SC/ST still not filled up fully and kept vacant in many department for best reasons known to them but the same people want to divide the SC/ST people in the name of creamy layer. The must know that reservation for SC/ST are not only based on the economic conditions but also social conditions of SC/ST people in the Hindu society. Those bother about the poor let them first implement the creamy layer scheme to unreserved posts in jop and education institutions. 

Ordinance on Dalit protection lapses

Even as the Modi government has sought to appropriate Ambedkar’s legacy at the start of the 125th birth anniversary of the architect of the Indian Constitution, it has been strangely neglectful of the well-being of the community that he represented, the Scheduled Castes.

Indeed, even though the government has shown a fondness for ruling by ordinance, the only ordinance that it has allowed to lapse is the one that relates to enforcing accountability on public servants who “wilfully neglect” duties on matters relating to atrocities against Scheduled Castes and Tribes.

Indeed, 11 months ago when the BJP-led NDA government came to power, it inherited two ordinances from the previous Congress-led UPA government — The Securities Laws (Amendment) Ordinance, 2014 and The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, promulgated on March 28 and March 4 respectively last year.

On assuming charge, the Modi government, in its first Budget session in 2014 swiftly converted the Securities Ordinance into an Act of Parliament on August 12, 2014, an amendment to further “protect the interests of investors and to ensure orderly development of securities markets.”

But the ordinance that was intended to strengthen the machinery to prevent atrocities against SCs and STs was allowed to lapse even though there were strong protests by the Opposition.

Instead, it was sent to the Standing Committee on Social Justice and Empowerment, headed by BJP MP Ramesh Bais: the report was submitted on December 19, 2014. And the Bill has been pending since, even though in January 2015, after the winter session ended, the Modi government had a slew of ordinances promulgated.

In the first half of the Budget Session that followed, the government’s parliamentary managers used all their diplomacy to get five of six ordinances converted into Acts of Parliament. And this was managed, despite a largely uncooperative opposition in the Rajya Sabha, where the government is outnumbered

Source : The Hindu dt 15-4-15

Court: Identify vacancies for SC/STs in 6 mths

The TN government, which has formed a special committee to identify accumulated backlog vacancies meant for SC/ST candidates in government service, has been directed by the Madras high court to complete the process in six months.The first bench comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh said the committee constituted on January 5, 2012 should compute the shortfall in vacancies for SCs and STs and finalise a programme to fill them. It should send a report to the government for appropriate orders, the bench said.
The matter relates to a PIL filed by Central and State Government SC/ST Employees Federation founder S Karuppiah, who said the state government went on a recruitment spree for other categories of candidates though a large number of posts meant for SC/ST candidates remained unfilled.
These vacancies should be filled prior to the commencement of new recruitment process, his counsel P Vijendran said.
In response, the government filed a counter-affidavit detailing the steps it had taken to address the issue. It said filling backlog vacancies was a continuing process and that it would be done after a series of measures to identify qualified candidates for the posts.
Source: The Times of India dt 19-7-14





Government Sets up a Committee to Find Out the Reasons For Backlog in Filling up of Reserved Vacancies

Government Sets up a Committee to Find Out the Reasons For Backlog in Filling up of Reserved Vacancies

The Government has decided to set up a Committee to make in-depth analysis of the reasons for backlog in filling up of reserved vacancies. A 20-member committee headed by the Secretary, Ministry of Social Justice and Empowerment will suggest measures to enhance the employability of reserved category candidates. The Committee members are from various Central Government Ministries including Ministry of Home Affairs, Department of Personnel & Training, Ministry of Human Resources Development, Ministry of Railways, UPSC, SSC, Railway Recruitment Board etc.

 

The Committee will submit its report within a period of three months from the date of its constitution.

 

The Government had launched a Special Recruitment Drive (SRD) to fill up the backlog reserved vacancies of the Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in November, 2008. Progress of the drive was reviewed in July, 2011 and it was decided to re-launch the drive so as to fill up the remaining identified backlog vacancies by 31st March, 2012. The progress of Special Recruitment Drive was reviewed by the Government in May 2013. It was noted out of a total of 64,175 backlog vacancies (DR quota and Promotion quota) which could be filled up, 48,034 vacancies were filled up, indicating overall success rate of the Drive at about 75%.

 

The analysis of data and consultation with various Ministries indicated that lack of finishing skills or interview skills, less availability of professionally qualified persons, less identification of posts for Persons with Disabilities, dearth of professionally qualified persons especially in Hearing impaired Category of disability etc. are some of the reasons for less employability of SCs, STs, OBCs and PWDs in Government Sector.

 

Source: All Inida Association of IP/ASP(CHQ)

RESERVATION IN SERVICE MANUAL

           The reservation rosters are not maintained properly by Govt Department .  DOPT has not communicated any guide lines on the maintenance of reservation rosters.  A manual prepared by Institute of Secretariat Training and management New Delhi has given the details of maintenance of reservation roster.  If the reservation rosters is not maintained properly, the ultimate looser is SC/ST  category employees .  It is the responsibility of each employee who appointed on reservation to see that the rosters are correctly maintained by their dept .  Like wise the SC/ST/OBC Association should keep a watch over the maintenance of the rosters and it should be periodically examined for each category  of post.

           In many Dept the recruiting units are not bothered to close the rosters every year  to tally the requirement of SC/ST vacancies .  if the rosters are not maintained properly  vacancies vacated by SC/ST points are not filled up or carried forward .  The author had seen in many offices in the gradation list against the names of muslim officials, community of the officials were noted as SC! since the rosters are prepared based on the gradation list and if it contains wrong information the roster also become wrong.

           If the reservation roster is not maintained properly there is a possibility of counting the meritorious SC/ST employees who were appointed / promoted in merit as SC/ST category and treated as excess at the end of the year while closing the roster, resulting denial of rightful share of SC/ST in subsequent recruitment and promotion.

          Similarly in every department SC/ST Association is functioning but unfortunately the office bearer of the association  are failed to examine their own office rosters.  Though the rosters are not secrete but no body wants to examine it .  Now after the introduction of RTI act the Govt departments are expected to publish the rosters in their website as per section 4  of RTI act ( Pro active disclosure) but non of the Govt department is come forward to disclose the rosters in their website.  Now the individual and association can have copies of roster through RTI act and see that it is maintained properly.

         The SC/ST Liaison officer  of the Govt department is expected to inspect the rosters but these officer seldom inspect the recruiting unit in their department .  Now the individual and association will resort the RTI act to get the copy of the inspection report and information through RTI and ensure that these officer is regularly inspecting the office.

         The reservation roster manual will give an idea how it should be operated and maintained which can be downloaded by selecting  and right  clicking  the following link.

http://persmin.gov.in/otraining/UNDPProject/undp_modules/Reservation%20in%20Service.pdf

Cabinet clears SC, ST quota in promotions

     In an attempt to reach out to the Dalit vote and regain some political initiative, the government will try on Wednesday to pass a constitutional amendment bill in the Rajya Sabha aimed at securing unfettered reservation in promotion for the scheduled castes and the scheduled tribes. 
    The bill’s passage, however, hangs in suspense as the BJP — whose support is crucial for a constitutional amendment — is not keen on calling off its protests over Coalgate that have paralysed Parliament. The BJP plans to open its cards only on the floor of the House. 
    The Cabinet on Tuesday okayed in a jiffy the proposed change in the Constitution to undo a Supreme Court ruling that put a spanner in the “promotion quota” by requiring states to prove with quantifiable data that SCs and STs were backward and were inadequately represented in services in order to avail the quota. 
    The constitutional amendment’s success hinges on the BJP’s support and tranquility in the upper House as it has to be put to vote, requiring the presence of at least 50% of members and a two-thirds “yes” vote. 
WHAT’S THE FUSS ABOUT? 
Although guaranteed in the Constitution, SC placed 3 riders for quota in promotions for SC/ST – a) A state has to prove inadequate representation; b) Prove backwardness; c) Ensure administrative efficiency 
Cabinet seeking to rewrite Constitutional clause to make SC/STs automatically deemed backward, ensure proportionate quota in promotions and blunt efficiency clause 
Can this be challenged in court? Yes. In fact, A-G has already warned govt to expect legal challenge BJP under pressure to support politically correct Bill The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government’s move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front. 
    The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution. 
    Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill. 
    The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha. 
    Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment. In the case of the quota in promotions bill, all but SP are backing the proposal. 
    The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services. 
    The amendment also seeks to insulate ‘promotion quota’ from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.

House nod to help fill 16,864 SC/ST vacancies at Centre

 If the proposed legislation, providing reservation to SCs and STs in promotions in government jobs, gets the mandatory Parliament nod, it will pave the way for filling as many as 16,864 vacancies in central services. These vacancies were supposed to be filled through promotion to SCs and STs, but pendency persisted in the absence of clarity in policy. 
    Officials in the ministry of personnel believe that the removal of term “inadequate representation” through amending the Article 16(4) of the Constitution will help clear those backlogs that had piled up for long. 
    Though vacancies exist under the direct recruitment category, the number of vacancies is more under the promotion category of the SCs and STs in the absence of “qualifying data” on the basis of such promotions could be granted. 
    “The legislative action will now obviate the need for qualifying data. It will end uncertainties with regard to methodology for deciding the promotion. It will be easier for the government to fill the backlogs,” said an official. 
    Government statistics shows that 7,500 vacancies of SCs were filled in central jobs from November, 2008, to January, 2012, as against the vacancies of 14,110. Similarly in the case of STs, only 6,667 posts were filled through promotion as against the vacancies of 16, 921 during the period. 
    Official figures show that the number of vacancies under the promotion category for SCs and STs has consistently been on the rise because more people from these groups had joined the central government jobs over the years. As against 13.17% SCs and 2.25% STs in central services as on 1 January, 1965, their representation has now increased to about 17.15% and 7.16%, respectively.

source: The Times of India dt 5-9-12

Stop campus recruitments, PSUs told

Madras HC Orders Status Quo For 2 Weeks 

The Madras high court has restrained public sector undertakings (PSUs) from holding campus recruitments and asked them to maintain status quo for two weeks. 
    The first bench comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam issued the interim direction on a public interest writ petition filed by advocate M Palanimuthu, who said PSUs should not conduct such recruitments without any job notification and without following reservation rules. 
    When the matter first came up for hearing on December 23, 2011, the bench had issued notices to several PSUs named in the petition, the Centre and the state government, and asked them to file their replies in six weeks. On Tuesday, when it was taken up for further hearing, counsel for PSUs sought more time to file reply. Giving them more time, the judges said, “In the mean time, status quo with regard to campus selection shall be maintained by the respondents concerned.” 
    On December 23, the bench had said: “The moot question that calls for consideration is whether the procedure followed for campus interviews by the PSUs is justified and whether there are chances of good candidates being discriminated against and candidates who got registered in employment exchanges not getting a chance.” 
    Palanimuthu said that as per rules, recruitment for various posts in PSUs should be done either through employment exchanges or through public advertisements by inviting applications from eligible candidates throughout the country. Instead of following these rules, PSUs of late have started recruiting employees through campus placements, he said. 
    Besides violating job rules, these PSUs thereby unwittingly contribute to the demand for private educational institutions which organize such placement drives, Palanimuthu said. Selection process cannot be confined only to institutions organizing campus placements, he said. 
    Besides seeking a stay on campus recruitment drives by PSUs such as HAL, HPCL, NTPC, Isro and IOC, Palanimuthu wanted the court to cancel appointments already made through the process. He said his representation to the authorities did not evoke any response, leaving him with no choice except approaching the high court for remedy. He wanted all PSUs to be banned from participating in campus recruitments in institutions. 
    The interim order may not have much impact on this year’s placement season as the recruitment process has come to an end in most institutions. “PSUs like the navratnas have been hiring from campuses for their engineering divisions for a long time. This is especially true for companies like NTPC, BHEL, SAIL etc. More than 50% of their core division strength comes from campuses. In recent years, they have also started hiring from premier business schools,” said E Balaji, CEO of MaFoi Randstad.

Source: The Times of India dt 22.02.2012

Special Recruitment Drive for filing up backlog reserved vacancies for SCsSTs and OBCs

No. 360381112008-Estt-Estt (Res) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training ,
North Block, New Delhi
spt-4~7 Dated 30Ih December 20 10
Subject Special Recruitment Drive for filling up backlog reserved vacancies for SCs, STs and OBCs.

The undersigned is directed to refer to this Department's OM of even number dated 19.1 1.2008 whereby a Special Recruitment Drive was launched to fill up the backlog reserved vacancies of SCs, STs andOBCs. It was expected that after completing the process of selection of candidates for these vacancies, the selected candidates would be issued offers of appointment by 30.6.2009 It is, however, observed that a large number of backlog vacancies have not been filled up so far.

2. The position about the success of Drive was reviewed by the Minister of State for Personnel, Public Grievances and Pensions. Keeping in view the fact that large number of vacancies identified for the Drive are still to be filled, the Hon'ble Minister has desired that each MinistryIDepartment should make concerted efforts to ensure that all the backlog reserved vacancies in the MinistryDepartment and its Attached OfficesISubordinate Offices/Public Sector Undertakin slAutonomous Bodies etc., which

%

have not been filled up so far, are filled up by the 30 June, 2011. The progress of the Drive during this period may be monitored scrupulously and reported to the Minister-in- Charge of the Ministry every month

3 The present position of the Drive is to be put before the Cabinet, It is, therefore, requested that latest status of filling up of the vacancies through the Drive may be reported to this department at th prescribed vide OM dated 19.11 19.1 1.2008 is enclosed for ready reference

Encl. OM dated 19.11 2008 Tel.No.23092158

Can SC/ST benefits in one State be carried over to others?

Some people think that religion is not essential to the society. I do not hold this view. I consider the foundations of religion are essential to the society. At the roots of Hindu social system lies a Dharma as prescribed in the Manusmriti. Such being the case I do not think it is possible to abolish the inequality in the Hindu society unless foundations of the Smriti-religion is removed and a better one laid in its place. I however, despair of Hindu society, being able to reconstruct itself on such a better foundation.

Babasheb.Dr.B.R.Ambedkar

Is a person belonging to a Scheduled Caste/Scheduled Tribe in a State entitled or not to benefits or concessions allowed to SC/ST candidates in employment in another State? The Supreme Court on Thursday referred this question to a larger Bench.

A Bench of Justices B. Sudershan Reddy and S.S. Nijjar, in its order, said: “A very important question of law as to the interpretation of Articles 16(4), 341 and 342 arises for consideration in this appeal: whether the Presidential Order issued under Article 341(1) or 342(1) of the Constitution has any bearing on the State's action in making provision for reservation of 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? The extent and nature of interplay and interaction among Articles 16(4), 341(1) and 342(1) is required to be resolved.”

By referring the matter for determination by a larger Bench, the judges have virtually reopened the issue which was settled by earlier decisions of two Constitution Benches.

Earlier rulings
In the instant appeal, Uttarakhand was aggrieved at the judgment of the Uttarakhand High Court holding that SC candidates of other States were entitled to the benefits available to the SC in employment in certain posts in the G.B. Pant University of Agriculture and Technology.
Though the university appointed outsiders, the State terminated their services on the ground that they were not entitled to the benefits of SC in the State. However, the High Court quashed the termination orders without taking into consideration the ruling by the two Constitution Benches of the Supreme Court.
Initially, a five-judge Constitution Bench in the Marri Chandra Shekar Rao case held that when an SC/ST “migrates from one State to another, there is no inhibition to migrating, but when he migrates, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State.”

A subsequent Constitution Bench — in the case of the Action Committee on the Issue of Caste Certificate to SC and ST in Maharashtra — reiterated the earlier decision and said the SC/ST must be specified in relation to a given State. Merely because a caste was considered an SC in one State, it was not necessary that it be considered so in another State also, the Bench said.
Later, a three-judge Bench in the S. Pushpa vs. Sivachanmugavelu case broadly agreed with the two earlier decisions. However, another two-judge Bench did not agree with the three judges' decision, stating it was made per incuriam (a decision which a subsequent court finds to be a mistake, and therefore not a binding precedent).
‘No dissent'
Now Justices Reddy and Nijjar said: “In our view, a two-judge Bench of this court could not have held the decision rendered by a three-judge Bench to be obiter and per incuriam. A Bench of lesser coram cannot disagree or dissent from the view of the law taken by a Bench of larger coram.
“In case of doubt, all that the Bench of lesser coram can do is to invite the attention of the Chief Justice of India and request that the matter be placed for hearing before a Bench of larger coram than the Bench whose decision has come up for consideration.”

However, since important questions of law were raised in this appeal, Justices Reddy and Nijjar referred it to the CJI for constituting a Bench of appropriate strength.
Source: The Hindu dt 8.10.10

Ambedkar Manch: Why compendium on quota?

"A people and their religion must be judged by social standards based on social ethics. No other standard would have any meaning if religion is held to be necessary good for the well-being of the people". Babasheb.SR.B.R.Ambedkar
Ambedkar Manch Oppose compendium on quota proposed by DOPT without Constitutional authority!?

The Dr. B.R. Ambedkar Vichar Manch has opposed the Centre's move to bring out a compendium on ‘Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in Service' pending enactment of a new law.


In a letter to Prime Minister Manmohan Singh, general secretary said “no convincing grounds for issue of a new compendium on reservation in services have been mentioned in the proposed official memorandum.” Nor had any reason for denying reservation in every service and post been explained, or any constitutional provision under which job reservation had been prescribed for the SC/ST.
The Manch pointed out that no mandatory consultation had been held with the National Commission for Scheduled Castes and Scheduled Tribes and no opportunity was given to the SC/ST Employees Welfare Associations, which were on the panel of the Union Home Ministry.

The proposed consolidated instructions on the reservation policy lacked constitutional authority. These constructions “do not contain the origin of determination of population-based percentage, its detailed criteria and showing the table of population from time to time since independence.”

Mr. Kain said the reservation policy for the OBCs should not be clubbed with that for the SC/ST as their ground realities were different.

“They suffer no social stigma or untouchability and they got reservation only at the expense of SC/ST people.”

The Manch opposed the new methodology of recruitment through ‘walk-in-interview' for higher posts in the administration and the engineering department, and for scientific and technical posts and in hospitals for a limited period.

The reservation policy was not being followed in these appointments, and this practice should be discontinued forthwith.

While voicing its protest against bringing out a compendium without Cabinet approval, the Manch sought the Prime Minister's intervention.
Source: The Hindu Dt 26.09.10

Reservation in promotion - Treatment of SC/ST candidates promoted on their own merit

"Religion must mainly be a matter of principles only. It cannot be a matter of rules. The moment it degenerates into rules, it ceases to be a religion, as it kills responsibility which is an essence of the true religious act". Babasheb.DR.B. R. Ambedkar.

No.3601214512005-Estt. (Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block

New Delhi- 110001.

OFFICE MEMORANDUM

Dated the 10"' August. 201 0.

Subject: Reservation in promotion - Treatment of SCIST candidates

promoted on their own merit.

--------

The undersigned is directed to refer to this Department's

O.M.No.36028117i2001-Est(tR.e s.) dated I lLhJ uly: 2002 which clarified

that SC/ ST candidates appointed by promotion on their own merit and not

owing to reservation or relaxation of qualifications will be adjusted against

un-reserved points of the reservation roster and not against reserved points.

It was subsequently clarified by this Department's O.M. No.3602811712001-

Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from

11.7.2002 and that concept of own merit did not apply to the promotions

made by non-selection method.

2. Central Administration Tribunal, Madras Bench in O.A. No.90012005

[S. Kalugasalamoorthy vls. Union of India & Others] has set aside the O.M.

No.36028~1712001-Estt. (Kes.) dated 31.1.2005 and held that when a person

is selected on the basis of his own seniority. the scope of considering and

counting him against quota reserved for SCs does not arise. The High

Court of judicature at Madras in the matter of UOI vs.

S. Kalugasalamoorthy [ WP No.1592612007 ] has upheld the decision of the

Central Administrative Tribunal.

3. The matter has been examined in the light of the above referred

judgments and it has been decided to withdraw O.M. No. 36028/17/2001-

Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST

candidates appointed by promotion on their own merit and seniority and not

owing to reservation or relaxation of qualifications will be adjusted against

unreserved points of reservation roster. irrespective of the fact whether the

promotion is made by selection method or non-selection  method These

orders will take effect from 2.7.1997. the date on which post based

reservation was introduced.

4. These instructions may be brought lo the notice of all concerned

                                                                                      (K.G. Verma )

                                                                                          Director

                                                                                     Tele: 230921 58.

1.All MinistrieslDepartrnents of the Government of India.

2.All Officers and Sections in the Ministry of Personnel, Public

Grievances and Pensions and all attachedlsubordinate offices of

this Ministry.

3.Department of Financial Services (Banking Division): New Delhi.

4.Department of Economic Affairs, North Block, New Delhi.

5.Department of Public Enterprises, New Delhi.

6.Ministry of Railways (Railway Board), Rail Bhawan, New Delhi.

7.Union Public Service CommissionlSupreme Court of indial

8.Election Commission/ Lok Sabha Secretariat1 Rajya Sabha

9.Secret'ariatl Cabinet Secretariati Central Vigilance Commission/

10.President's Secretariati Prime Minister's Office1 Planning

Commission.

11.Staff Selection Commission, CGO Complex, Lodi Road, New

Delhi.

12.National Commission for SCs. Lok Nayak Bhavan, New Delhi.

National Commission for STs, Lok Nayak Bhavan, New Delhi.

13.National Commission for Backward Classes, Trikoot-I, Bhikaji

Cama Place, R.K. Puram, New Delhi.

14.Office of the Comptroller and Auditor General of India. 10,

Bahadurs hah Zafar Marg, New Delhi - 1 10002.

15CBI, LBSNAA. ISTM. PESB, Central Sectt. Library. MHA

Library.

16.Information and Facilitation Centre, DOPT, North Block, New

Delhi.

17.NIC (Computer Cell) -with the request to upload on this Department's

website.

DOPT HAS EXTENDED THE TIME LIMIT UPTO 25.08.10 FOR SENDING COMMENTS ON RESERVATION POLICY

 “Political tyranny is nothing compared to the social tyranny and a reformer who defies society is a more courageous man than a politician who defies Government.” Babasaheb Dr.B.R.Ambedkar.


The Govt has extended the last date for the receipt of suggestions if any on the consolidated instructions on reservations up to 25.8.2010
OM No.36011/6/2010-Estt (Res) of Ministry of Personnel, Public Grievances and Pension Department of Personnel and Training dated the 26th July, 2010.
Subject: - Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.
The undersigned is directed to refer to this Department’s O.M. of even number dated 25/6/2010 whereby a draft O.M. containing consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Central Government was posted on this Department’s website for soliciting suggestions thereon by 12.7.2010. Several letters have been received requesting to extend the date for sending suggestions / comments. The matter has been considered and it has been decided to extend the time period for sending comments up to 25.8.2010.
2. All concerned are informed that comments/ suggestions on the draft OM, if any, may be sent to the undersigned by 25.8.2010 positively.

To see the original circular issued by DOPT click  the following URL

http://www.persmin.nic.in/CircularReport.asp?choice=11

Issue of compendium on reservation and concession for SC/ST and OBC by DOPT

Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services...


DOPT has clearly stated in this OM, "some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language.
A draft OM has been prepared which covers all the aspects of reservation policy as existing at present. However, before issuing the proposed OM, it has been decided to put it in public domain and invite comments on it. If any person feels that the proposed OM does not include any of the existing instruction or any instruction included in the proposed OM is not in consonance with the existing instructions, may point out the same and send his comments to the undersigned by 12th July, 2010."
We have reproduced full text of the both OMs and main headlines of the Reservation Policy.
No.36011/6/2010-Estt.(Res)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: the 25th June, 2010

                                                    OFFICE MEMORANDUM

Subject: Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.
***
The undersigned is directed to say that instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India are contained in various OMs issued from time to time by the Ministry of Home Affairs and this Department. Some of the instructions so issued have become outdated and are not in operation at present. It has, however, been observed that some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language. A draft OM has been prepared which covers all the aspects of reservation policy as existing at present. However, before issuing the proposed OM, it has been decided to put it in public domain and invite comments on it. If any person feels that the proposed OM does not include any of the existing instruction or any instruction included in the proposed OM is not in consonance with the existing instructions, may point out the same and send his comments to the undersigned by 12th July, 2010.
(K.G. Verma)
Director
                                                          No.36011/6/2010-Estt.(Res)
                                                              Government of India
                                                   Ministry of Personnel, P.G. & Pensions
                                                       Department of Personnel & Training
                                                                            …
North Block, New Delhi
Dated: the June, 2010
DRAFT OM
Subject: Instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.
***
The undersigned is directed to say that it has been brought to the notice of the Government that there is lot of confusion amongst appointing authorities and others about the policy on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India. It has also been observed that though a number of instructions issued by the Ministry of Home Affairs and this Department on the subject have become outdated and are no more in operation, some Ministries/Departments etc. continue to follow such non-existent instructions. It has, therefore, been decided to issue, in supersession of all Office Memoranda on the subject issued so far, instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in Services as given in Appendix to this OM.
2. All Ministries/Departments are requested to bring the contents of this OM to the notice of all concerned.
(K.G. Verma)
Director



Appendix to DOPT O.M. No. 36011/6/2010-Estt(Res) dated June, 2010

COMPENDIUM ON RESERVATION FOR THE SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES IN SERVICES
2.Reservation in Direct Recruitment
3. Creamy Layer amongst OBCs
4. Reservation in Promotion
5. Concession in Promotions within Group A
6. Exemptions from Reservation
7. Reservation in Scientific and Technical Posts
8. Reservation in Posts of Industrial Workers
9. Reservation in Work-Charged Posts
10. Reservation in Appointments of Daily Rated Staff
11. Appointment of Casual Workers to Regular Posts
12. Reservation in Newly Constituted Services
13. Reservation in Adhoc Promotions
14. Reservation in case of a Single Vacancy
15. Reservation in PSUs, Autonomous Bodies etc
16. Reservation in Voluntary Agencies
17. Determination of Reservation Quota
18. Determination of Reserved Vacancies
19. Grouping of Posts
20. Maintenance of Reservation Registers / Roster Registers
21. Initial Preparation of Reservation Register / Roster
22. SC/ST/OBC Candidates Appointed on Their Own Merit
23. Adjustment of Compassionate/Surplus Cell Appointees
24. Age Relaxation in Direct Recruitment
25. Age Relaxation in Promotion
26. Concession in Fee
27. Relaxation of Experience Qualification in Direct Recruitment
28. Relaxation of Standard of Suitability in Direct Recruitment
29. No Relaxation in Educational Qualification
30. Relaxation of Standards in Departmental Competitive / Qualifying Examinations
31. Filling up of Reserved Vacancies in case of Direct Recruitment
32. Filling up of Reserved Vacancies in case of Promotion by Selection
33. Filling up of Reserved Vacancies in case of Promotion by Non-Selection
34. Steps To Be Taken in Case of Non-Availability of SC/ST Candidates for Promotion
35. Diversion of Reserved Vacancies under the Promotion Quota to Direct Recruitment
36. Safeguards against Supersession of SC/ST Candidates
37. Implementation of the Findings of DPC Kept in Sealed Cover
38. Dereservation
39. Provisions in Recruitment Rules/Regulations for Examination
40. Verification of the Claims of Scheduled Castes, Scheduled Tribes and Other Backward Classes
41. Reporting About Representation
42. Arrangements for Training
43. Intimation about Competitive Examinations to Pre-Examination Training Centres
44. Selection of Persons for Posting Abroad
45. Forwarding of Application for Employment
46. Prevention of Discrimination
47. Clarifications about SC/ST/OBC Status
48. Liaison Officer and Reservation Cell
49. Role of the National Commission for SCs and STs
50. Annual Reports of the Ministries/Departments
ANNEXURE-I
RESERVATION IN CASE OF RECRUITMENT TO GROUP C AND D POSTS ON LOCAL BASIS
ANNEXURE –II
Criterion for Determining Creamy Layer Amongst OBCs.
ANNEXURE-III
ROSTERS FOR PROVIDING RESERVATION IN
CADRES HAVING UPTO 13 POSTS
ANNEXURE –IV
RESERVATION REGISTER
ANNEXURE –V
RESERVATION ROSTER REGISTER
ANNEXURE VI
PROPOSAL FOR DERESERVATION OF VACANCIES RESERVED FOR SCHEDULED CASTES AND SCHEDULED TRIBES IN POSTS FILLED BY PROMOTION.
ANNEXURE-VII
FORM OF SCHEDULED CASTE/TRIBE CERTIFICATE
ANNEXURE-VIII
FORM OF CERTIFICATE TO BE PRODUCED BY
OTHER BACKWARD CLASSES APPLYING FOR APPOINTMENT TO POSTS UNDER THE GOVERNMENT OF INDIA
ANNEXURE-IX
SC/ST/OBC REPORT-I
ANNUAL STATEMENT SHOWING THE REPRESENTATION OF SCs, STs AND OBCs AS ON FIRST JANUARY OF THE YEAR AND NUMBER OF APPOINTMENTS MADE DURING THE PRECEDING CALENDAR YEAR
ANNEXURE-X
SC/ST/OBC REPORT-II
ANNUAL STATEMENT SHOWING THE REPRESENTATION OF SCs, STs AND OBCs IN VARIOUS SERVICES AS ON FIRST JANUARY OF THE YEAR

Inclusion of SC/ST category and Minority community members in the Selection Boards / Committees

                                              No. 39016/7(S)/2006-Estt.(B)


                                                   Government of India
                                     Ministry of Personnel Public Grievances & Pensions

                                          Department of Personnel & Training

                                                                   *****
New Delhi, the 4th June 2010
OFFICE MEMORANDUM

Subject: Inclusion of SC/ST category and Minority community members in the Selection Boards / Committees.
The undersigned is directed to draw attention of the Ministries / Departments to this Department's O.M. of even number dated 8.1.1007 which was issued in pursuance of the Prime Minister's New 15 Point Programme for welfare of Minorities. Para 3 (i) and (ii) of the aforesaid O.M. provided as follows:-

(i) The composition of Selection Committees should be representative. It shoultl be mdatory to have one member belonging to SC/ST and one member belonging to mininority commnunity in Selection Boards/Committees for making recruitment to I0 or more vacancies.
(ii) Where the number of vacancies against which selection is to be made is less than 10, efforts should he made to have the Scheduled Caste/Tribes officer and a Minority commnunity officer included in such Committees / Boards.
2. A doubt has been expressed regarding the applicability of above instructions in respect of Group A and B posts. It is re-iterated that the above instructions are applicable to Selection Committees / Boards for making recruitment to Group A and B posts also. Accordingly, all concerned authorities are requested to comply with the above guidelines while making recruitment to any category of posts.

(C.A.Subramanian)
Director