Reservations in Recruitments and promotions - Key Points
Articles 16 (4), 335, 341 and 342 of the Constitution of India provide for reservations in services in favor of SC, ST and other Socially and Economically backward classes.
Article 16 (6) was inserted in the constitution through 103 amendment for providing reservation in favor of economically weaker sections w.e.f 14.01.2019.
Article 16 (4A) provides for reservation in the matter of promotions in favor of SC & STs.
SC, ST, OBC and EWS reservation is provided In recruitment to Group-A,B & C posts.
In promotions reservation is provided for SC & ST only.
The overall reservation should not exceed 50% both in recruitments and promotions.
OBCs who are Creamy Layers ( i.e. whose family annual income is more than Rs 8 Lakhs) are not eligible for the benefit of OBC reservation.
SC must be either Hindu or Sikh or Buddhist religion only.
ST can be of any religion.
Production of SC/ST/OBC caste certificate from the competent authority is a must to avail the benefit of reservations.
Suitable departmental and criminal action will be taken for submission of fake certificates.
The verification of SC/ST certificates should be verified within three months from the date of appointment.
In recruitment reservation for SC/ST/OBC is 15%, 7.5% and 27% respectively .
In promotions reservation for 15% for SC and 7.5% respectively. No reservation for OBC in promotions.
10% of UR vacancies are reserved for Economically Weaker Section (EWS) candidates in recruitments. The candidates who are not covered under the existing scheme of reservations for SC,ST & OBC and whose family’s gross annual income is below 8 Lakh rupees come under EWS category. EWS status certificate should be from an Officer not below the rank of Tahsildar of the State Govt and Union Territory.
4.5% of OBC vacancies are to be filled by Minorities. To avail the benefit of reservation, the person should be belonging to Minority Community as defined in Section 2 ( C ) of the National Commission for Minorities Act 1992 and his caste/community should have been included in the notified list of OBCs.
Quantum of reservation in Direct Recruitment:
By open competition: SC 15%, ST 7.5%, OBC 27 including 4.5% for Minorities &, EWS 10%
Other than open competition: SC 16.66%, ST 7.5%, OBC 25.84% & EWS 10%
Quantum of reservation in Promotions:
A | By selection with in Group B,C,D | SC 15%, ST 7.5%, OBC NIL EWS NIL |
B | By selection from Group-B to Group-A |
C | By non-selection( seniority-cum-suitability) |
Reservation is post based. Not on vacancy bases.
Example for Post Based Reservation:
Sanctioned posts = 100
Reservation for SC = 100 x 15% = 15
Reservation for ST = 100 x 7.5% = 7.5 ( ie 8 )
Reservation for OBC = 100 x 27% = 27
Total reservation = 50 (15+8+27)
Un-reserved posts = 50
Available SC employees on roll = 10
Available ST employees on roll = 5
Available OBC employees on roll = 20
Available UR = 40
Total available on roll = 75 (10+5+20+40)
Vacancies = 25 (100-75)
SC requirement = 15 -10 = 5
ST requirement = 8- 5 = 3
OBC requirement = 27-20 = 7
UR requirement = 50 -40 = 10
Category wise requirement = 5+3+7+10 = 25
Note: Un-reserved vacancies means ‘ No reservation’ for these posts. They are filled on merit or on seniority. Anybody ie SC / ST /OBC / UR who is in merit or in senior can be appointed against unreserved vacancies.
The total reservation for all categories should not exceed 50% in each cadre. Cadre means grade/Level. For example Jr Clerks, Sr Clerks, OS & Ch OS are four separate cadres for the purpose of reservations in clerical cadres.
In direct recruitment, the reserved category candidates who are selected on the same standard as applied to General Candidates will not be adjusted against reserved vacancies.
Only when he/she avails the relaxations in age limit, experience, qualification, permitted number of chances etc will be adjusted against reserved vacancies.
Separate rosters registers should be maintained for DR, Promotion, LDCE and GDCE.
Reservation rules are not applicable to deputation.
No reservation for single post cadre. The vacancy should be filled by seniority or merit as the case may be.
The unfilled posts of SC/ST/OBC should not be de-reserved. ( ie should not be converted to UR)
Such posts should be carried forward to next recruitment year. The same rule applies to promotions also.
However, posts can be exchanged between SC and ST if the vacancy could be filled due to non-availability of candidates of that particular community ( ie SC or ST) in the third recruitment year.
At any given point of time , the rule of maximum 50% quota should be followed on the cadre as a whole and not on the basis of individual recruitment where it may happen that all posts may fall to the share of either SC or ST or OBC due to carry forward rule for unfilled vacancies.
The candidate appointed on compassionate grounds should be shown against the appropriate roster point as per his community i.e SC against SC, ST against ST, OBC against OBC and UR against UR.
The employees who are rendered surplus and absorbed in alternative posts should be shown against the appropriate roster point as per his community ie SC against SC, ST against ST, and UR against UR. If there is no SC/ST point vacant, such surplus staff should be booked against the UR point because we should keep the surplus staff waiting for an alternative appointment for want of SC/ST vacancy.
The candidates who are appointed against Sports/Cultural/Scouts & Guides quota should not be shown against SC/ST/OBC reservation points because their selection for appointment is purely on merit in their respective fields.
In PBR system if a vacancy arises in the cadre due to Transfer/Promotion/Retirement/Death etc of SC/ST/OBC employee, that vacancy should be filled only by SC/ST/OBC candidate/employee.
The PBR system is applicable in promotions from Group-C to Group-B, within Group-B and Group-B to Group-A .
Vertical Reservation means reservation for SC/ST/OBC/UR/EWS.
Horizontal Reservation means reservation for PH/Minority/Ex-servicemen.
UR = UR(merit) +PH(merit) +EWS((merit) + Ex-servicemen(merit)
SC = SC + PH(SC) + Ex-Servicemen (SC)
ST = ST + PH (ST) + Ex-Servicemen (ST)
OBC = OBC + Minority (OBC) + PH (OBC) + Ex-servicemen(OBC)
Reservation for PH candidates: According to Right of persons with disabilities Act 2016, 4% reservation in recruitments and promotions should be provided to physically handicapped persons who are suffering from the following:
Blindness and low vision
Deaf and hard hearing
Locomotors disability (including cerebral palsy, Leprosy cured, dwarfism, acid attack victims and muscular dystrophy).
Autism intellectual disability, specific learning disability and mental illness.
Multiple disabilities from among (a) to (d) above including deaf and blindness
Note: The minimum disability should be 40%.
Distribution of 4% reservation is as under:
For category (a) above – 1%
For Category (b) above – 1%
For Category (c ) above- 1%
For categories (d) & (e) above – 1%
Railways can exempt any post/cadre from the above reservations for PwD candidates.
*******
