Transcript Document

Purpose
 In the light of the Constitutional mandate
and the decisions of the Supreme Court
pertaining to the rights of the SC/ST
candidates, it is utmost important to
understand the practical procedures in
order to understand the policy
applicable to reservations, so as to be in
accordance with the spirit and policy
underlying the Constitution of India and
policy of the Government in this behalf
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Objective
 to develop an in-depth knowledge and
detailed understanding of the procedures for
implementing the reservation orders and
instructions, maintenance of Rosters,
Backlog, De-reservation, Carry forward,
Exchange and lapsing of reserved vacancies
 steps required to be taken for liaison with the
Ministries including Deptt. of Personnel and
Training and the National Communication for
SCs, STs and OBCs.
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LEGISLATIVE BACKGROUND
Maintenance of Post Based Rosters
 Indira Sawhney V/s Union of India –
16.11.1992
 R.K. Sabharwal V/s State of Punjab &
Others- 10.2.1995.
 Union of India V/s J.C. Malik – 26.7.1995
 PGI of Medical Education and Research V/s
Faculty Association- 17.4.1998.
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R.K. Sabharwal V/s State of
Punjab & Others- 10.2.1995
salient features of the case
 reserved roster points should be determined
on the basis of the posts and not vacancies
 reservation has to be worked out in relation to
the number of posts which form the cadrestrength on the basis of laid down percentage
 When all the reserve roster points in a cadre
are filled up and the required percentage of
reservation is achieved, roster ceases to exist
and the posts are filled on replacement basis
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Principles for preparing the
rosters elaborated upon in the
DOPT, OM No. 02-07-1997
 Since reservation for OBC’s does not apply in
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promotions, there shall be separate rosters for direct
recruitment and for promotions
number of point in the roster shall be equal to the
number of posts in the cadre
Cadre, for the purpose of roster, shall mean a
particular grade
deputation/transfer posts shall be excluded while
preparing the rosters
In small cadres of up to 13 posts grouping of posts to
be done
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Roster - meaning
 a list or plan showing the turns for the
reserved and non reserved
candidates
 can be prepared on any number such as
40 numbers, 100 numbers, 120 numbers
& 200 numbers etc
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CASE STUDY 1- Promotion to
the Grade of Junior Accounts
Officer
 Presumptions – It is a cadre of 49
posts. There are 15 vacancies in the
Recruitment year 2003-04 for the post of
Junior Accounts Officer. The DPC is held
on 24-05-2005 and has been supplied
with the gradation list, giving details of
their category and other relevant aspects
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CASE STUDY 1
Rules of Promotion to the Grade of Junior
Accounts Officer  90% of the posts are to be filled by promotion on
Seniority-cum-fitness basis by persons who have
passed the Junior Accounts Officer Examination
 10% of the posts by promotion from common seniority
list of Senior Accountants (pay scale Rs. 5000-8000)
who have rendered not less than 10 years service in
the grade on the basis of Selection-cum-seniority and
who have crossed the age of 53 years as on 1st
January of the year.
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CASE STUDY 1
Type of Roster
 in Seniority-cum-fitness category, the principle
of zone of consideration does not apply
 no need for a comparative evaluation of the
individual officers’ respective merits
 only suitability of each individual officer or the
unfitness of an officer for promotion is to be
decided. A separate 40-point roster is
maintained for promotions under this category.
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CASE STUDY 1
Roster Points
 6 (point No.s 1, 8, 14, 22, 28 & 36) for SCs and
 3 (point Nos. 4, 17 & 31) for STs
 Thus, in total 9 points will be reserved for SCs/ STs
altogether in the 40 points roster
 As there are only 15 vacancies in the given
Recruitment Year of 2003-04 and as the Roster is
applied for the first time, only 3 SCs (at point no 1, 8,
14) and 1 ST (at point 4) will be eligible, for
consideration against the reserved roster points
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CASE STUDY 2 – Reservation
for physically handicap
candidates in appointment
 In the Recruitment year 2004-05, there are 200 Group
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C vacancies. The number of candidates considered fit
for recruitment, on the basis of All India open
competition, is as under:
48 Scheduled Caste candidates exclusive of
challenged candidates
22 Scheduled Tribe candidate exclusive of challenged
candidates
85 Other Backward Caste candidates exclusive of
challenged candidates
194 Unreserved category candidates exclusive of
challenged candidates
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CASE STUDY 2
 10 Challenged candidates and the order of their
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seniority in the merit list is as under:
VH
SC
OH
OBC
OH
UR
OH
SC
VH
SC
OH
UR
OH
UR
OH
ST
OH
SC
OH
ST
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CASE STUDY 2
 In the 200-point roster, the reservation for SCs
will be 30, for STs it will be 15, for OBCs it will
be 54 and for General Category it will be 101.
The vacancies reserved for physically
handicapped will be at points 1, 34, 67, 101,
134 and 167 of the 200-point roster
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CASE STUDY 2
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Under SC category - 2 VH candidates, 1 OH
candidate and 27 other SC candidates who
are not PH
 Under ST category – 15 ST candidates who
are not PH
 Under OBC category – 54 candidates from
the OBC list who are not PH
 Under UR category – 2 OH candidates and
99 other UR candidates who are not PH
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CASE STUDY 3
– Dereservation
 In the Recruitment year 2004-05 there are 50
vacancies for promotion, out of which 22 are
reserved for Scheduled Castes and Scheduled Tribes
taking into considerations the carry forward and fresh
reservation in the following manner:-
3rd Year
2ndYear
First Year
 Fresh
SC
1
-1
8
10
ST
5
2
1
4
12
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CASE STUDY 3
 So dereservation will be required for 6
vacancies for Scheduled Castes and 7
vacancies for Scheduled Tribes (2 of
second year, 1 of first year and 4 fresh
reservations)
 So dereservation will be required for 2
vacancies for Scheduled Castes and 11
vacancies for Scheduled Tribes (4 of
third year, 2 of second year, 1 of first
year and 4 fresh reservations)
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CASE STUDY 4
- Carry forward of vacancies
 There are 5 carried forward reservations spreading
over three preceding recruitment years in the
following manner:SC
ST
Third Year
SecondYear
First Year
1
1
--
-1
2
And 6 vacancies occur in the succeeding year.
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CASE STUDY 4
 the 2 ST reservations of the first year will
be carried forward to next recruitment
year and they will be considered as in
the second year of carry forward in the
next recruitment year
 As such, no vacancy will be available for
carry forward
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CASE STUDY 5 – Promotion to
the Grade of Section Officers
UR
Sanctioned
Strength
115
SC
ST
PH
23
11
05
TOTAL
154
Working
Strength
67
01
25
02
95
Vacancies
to be filled
up by the
(-)48 (-)22 (+)14 (-)03
(-)59
DPC for the
Recruitment
Year 2004-05
including 25 backlog vacancies of earlier Recruitment Years (as
defined in the later part of this problem) plus vacancy arose due
to promotion of some Section Officers to the higher grades.
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CASE STUDY 5
Backlog Vacancies
SC
PH
TOTAL
2000-01
19
01
20
2001-02
01
00
01
2002-03
02
02
04
22
03
25
Note : In the Recruitment Year 2003-04, there was no
physically handicapped candidate in the lower grades
for promotion to the post of Section Officer.
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CASE STUDY 5
i) 39 candidates will be in the Select panel
ii) Backlog vacancies to be carried forward
SC
PH
TOTAL
2000-01
19
00
19
2001-02
01
00
01
2002-03
02
00
02
22
00
22
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