BROCHURE on Reservation For SC, ST & Other Backward Classes In Services
Reservation
in recruitment and Promotions is part and parcel of Central government
employees service. But obviously many government employees are very
much reluctant to know about the reservation rules as it was,they
feel,difficult to understand.Many govt servants think, as for as
recruitment is concerned, that only the reserved category like SCs, STs
and OBCc must know about the reservation rules.Its not correct. Each
and every govt servants should know the reservation rules thoroughly,so
that they can able to check their position when it comes to Seniority
and promotion. Due to wrong calculation of roster points and manual
errors of dealing staff of the matters regarding Seniority and
Promotion, not only the reserved category govt servants but also the
govt servants those who are not belongs to reserved category can also
be deprived to get their seniority or promotion. So to avoid such things
each and every central government employees should know the Reservation
Rules. Because the Seniority and Promotion are not petty things to be
care less about. It is matter of our right. Many of our viewers are
raising many doubts regarding Roster points and Reservation.Many
orders and clarifications have been issued time to time by DOPT. Few
months back DOP&T compiled a Brochure on Reservation for the
Scheduled Castes, Scheduled Tribes and Other Backward Classes. Her we
reproduce the same for our readers reference.
PREFACE
A Brochure on Reservation for the
Scheduled Castes, Scheduled Tribes and Other Backward Classes is before
you. It has two parts. The first part contains all the provisions of
reservation in a consolidated form as applicable at present and the
second part contains the Office Memoranda, Resolutions, Letters etc. on
the subject issued, from time to time, by the Ministry of Home Affairs
and this
Department. Contents of some of the OMs were revised subsequently. Instructions which are not in operation are not included in part one of the Brochure. However, the OMs have been included in part two without making any change therein.
Department. Contents of some of the OMs were revised subsequently. Instructions which are not in operation are not included in part one of the Brochure. However, the OMs have been included in part two without making any change therein.
2. Reservation for the SCs, STs
and OBCs in a grade, till the 1 s` July, 1997, was determined on the
basis of vacancies arising in the grade. The system of reservation based
on vacancies was replaced by the post based reservation by DOPT OM No.
36012/2/96-Estt (Res) dated 2 nd July, 1997. The OM, however, did not
prescribe formats for registers for maintaining reservation on the basis
of
revised instructions. This Brochure removes this deficiency. Instructions dated 02.07.1997 explain the method of determination of reservation quota by way of illustrations but it needed to be explained in a simple language This requirement
is met by this Brochure.
revised instructions. This Brochure removes this deficiency. Instructions dated 02.07.1997 explain the method of determination of reservation quota by way of illustrations but it needed to be explained in a simple language This requirement
is met by this Brochure.
3. Part I of the Brochure is self
contained and practically covers all aspects of reservation in Central
Services. However, relevant OMs in Part-II should be referred to for
all decisions
Joint Secretary to the Government of India
CHAPTER — 1
INTRODUCTION
Constitutional and Legal Provisions
INTRODUCTION
Constitutional and Legal Provisions
1.1 Objective of providing
reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) and
Other Backward Classes (OBCs) in services is not only to give jobs to
some personsbelonging to these communities. It basically aims at
empowering them and ensuring their participation in the decision making
process of the State. Justice B.P. Jeevan Reddy, while delivering the
majority judgement in the matter of Indra Sawhney & Ors Vs. U01
& Ors, observed that public employment gives a certain status and
power, besides the means of livelihood. The Constitution has, therefore,
taken special care to declare equality of opportunity in the matter of
public employment. Keeping the broader concept of equality in view,
Clauses
(4) and (4A) of Article 16 of the
Constitution declare that nothing in the said Article shall prevent the
State from making any provision for reservation of appointments or
posts in favour of backward class of citizens which in the opinion of
the State is not adequately represented in the services under the State.
Article 16 of the Constitution and also Article 335 which have direct
bearing on reservation in services are reproduced below: 16 (1) There
shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
employment or appointment to any office under the State.
(2) 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.
(3) Nothing in this article shall
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 or
Union territory] prior to such employment or appointment.
(4) Nothing in this article shall
prevent the State from making any provision for the 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
Courtesy : http://www.gservants.com
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