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 referance.
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.
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.
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
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.
(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