Frequently Asked Questions (FAQS) on the Policy of Reservation to SCs STs and OBCs :
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.
Source: www.persmin.nic.in via: http://90paisa.blogspot.in
