Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India
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Reservation Policy – DOPT Order |
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DOPT has clearly stated in this OM, “some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language.
No.36011/6/2010-Estt.(Res)
Government of India Ministry of Personnel, P.G. & Pensions Department of Personnel & Training ***
North Block, New Delhi
Dated: the 25th June, 2010
OFFICE MEMORANDUM
Subject: Issue of instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India.
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The undersigned is directed to say that instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India are contained in various OMs issued from time to time by the Ministry of Home Affairs and this Department. Some of the instructions so issued have become outdated and are not in operation at present. It has, however, been observed that some appointing authorities are continuing to implement such outdated and non-existent instructions. Keeping all these aspects in view this Department has decided to issue consolidated instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in supersession of all the existing instructions on the subject. The proposal is not to change any aspect of policy on the subject but only to consolidate all the instructions and present them in easy to understand form/language. A draft OM has been prepared which covers all the aspects of reservation policy as existing at present. However, before issuing the proposed OM, it has been decided to put it in public domain and invite comments on it. If any person feels that the proposed OM does not include any of the existing instruction or any instruction included in the proposed OM is not in consonance with the existing instructions, may point out the same and send his comments to the undersigned by 12th July, 2010.
(K.G. Verma)
Director
No.36011/6/2010-Estt.(Res)
Government of India Ministry of Personnel, P.G. & Pensions Department of Personnel & Training âŚ
North Block, New Delhi
Dated: the June, 2010
DRAFT OM
Subject: Instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other
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Backward Classes in services under the Government of India.
The undersigned is directed to say that it has been brought to the notice of the Government
that there is lot of confusion amongst appointing authorities and others about the policy on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in services under the Government of India. It has also been observed that though a number of instructions issued by the Ministry of Home Affairs and this Department on the subject have become outdated and are no more in operation, some Ministries/Departments etc. continue to follow such non-existent instructions. It has, therefore, been decided to issue, in supersession of all Office Memoranda on the subject issued so far, instructions on Reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in Services as given in Appendix to this OM. 2. All Ministries/Departments are requested to bring the contents of this OM to the notice of all concerned.
(K.G. Verma)
Director
Appendix to DOPT O.M. No. 36011/6/2010-Estt(Res) dated June, 2010
COMPENDIUM ON RESERVATION FOR THE SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES IN SERVICES 2.Reservation in Direct Recruitment: 3. Creamy Layer amongst OBCs: 4. Reservation in Promotion: 5. Concession in Promotions within Group A: 6. Exemptions from Reservation: 7. Reservation in Scientific and Technical Posts: 8. Reservation in Posts of Industrial Workers: 9. Reservation in Work-Charged Posts: 10. Reservation in Appointments of Daily Rated Staff 11. Appointment of Casual Workers to Regular Posts 12. Reservation in Newly Constituted Services 13. Reservation in Adhoc Promotions 14. Reservation in case of a Single Vacancy 15. Reservation in PSUs, Autonomous Bodies etc 16. Reservation in Voluntary Agencies 17. Determination of Reservation Quota 18. Determination of Reserved Vacancies 19. Grouping of Posts: 20. Maintenance of Reservation Registers / Roster Registers 21. Initial Preparation of Reservation Register / Roster: 22. SC/ST/OBC Candidates Appointed on Their Own Merit: 23. Adjustment of Compassionate/Surplus Cell Appointees: 24. Age Relaxation in Direct Recruitment: 25. Age Relaxation in Promotion 26. Concession in Fee 27. Relaxation of Experience Qualification in Direct Recruitment 28. Relaxation of Standard of Suitability in Direct Recruitment 29. No Relaxation in Educational Qualification 30. Relaxation of Standards in Departmental Competitive / Qualifying Examinations 31. Filling up of Reserved Vacancies in case of Direct Recruitment 32. Filling up of Reserved Vacancies in case of Promotion by Selection 33. Filling up of Reserved Vacancies in case of Promotion by Non-Selection 34. Steps To Be Taken in Case of Non-Availability of SC/ST Candidates for Promotion 35. Diversion of Reserved Vacancies under the Promotion Quota to Direct 36. Safeguards against Supersession of SC/ST Candidates 37. Implementation of the Findings of DPC Kept in Sealed Cover 38. Dereservation 39. Provisions in Recruitment Rules/Regulations for Examination 40. Verification of the Claims of Scheduled Castes, Scheduled Tribes and Other 41. Reporting About Representation 42. Arrangements for Training 43. Intimation about Competitive Examinations to Pre-Examination Training Centres 44. Selection of Persons for Posting Abroad 45. Forwarding of Application for Employment 46. Prevention of Discrimination 47. Clarifications about SC/ST/OBC Status 48. Liaison Officer and Reservation Cell 49. Role of the National Commission for SCs and STs 50. Annual Reports of the Ministries/Departments: ANNEXURE-I ANNEXURE âII ANNEXURE-III ANNEXURE âIV ANNEXURE âV ANNEXURE VI ANNEXURE-VII ANNEXURE-VIII ANNEXURE-IX ANNEXURE-X |
June 27, 2010
Tags: Reservation
Posted in: Uncategorized
14 Responses
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Sir, I am holding post of Income Tax Inspector and belong to SC category. i passed departmental examination for promotion to the post of Income Tax Officer in the year 2006 and got 50% passing marks. My junior Mr. XYZ SC category candidate passed examination in the year 2007 and got 61% marks in the examination. the qualifying service required for ITO is 3 year. Sir my question is when DPC held for promotion in the year 2010, what is the consideration of promotion tooking into account the ‘own merit’ issue.
Thank u.
Sir,
I had travelled to Manali from Mumbai. I booked my tour plan through IRCTC. Sir my question is can i get full reimbursment of ITCTC’s package as a LTC claim.
Thank u,
Respected sir,
Sub: Issue of instructions on Reservation for SC/ST and OBC Classes in services under the Government of India â request to consider the discrepancy in promotions â Income-tax Department â Regarding.
Ref: Ministry of Personnel, P G & Pensions Department of Personnel & Training â OM in No. 36011/6/2010-Estt.(Res) dated. 25.06.2010.
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Kind reference is invited to the above.
I am working in Income-tax Department as a Income-tax Inspector. I am belongs to SC community. I was passed my Departmental Exam in the year 2002 with 55% marks (after availing concession), for general candidates pass marks is 60%. The Department is not allowing SC/ST employees who passed the exam with concessional marks to rewrite the exam though they have chances to write the exam (all employees can write the exam up to 10 times) to get 60% marks. It is pertinent to note here, every year Department conducting the exams and seniors who passed the exam are placed before the other employees who passed the exam earlier than seniors. Department has conducted DPC’s and set aside the all SC/ST candidates who passed the exam with 55% marks, though they are seniors to other employees.
In view of the above, what is the remedy the DOPT has chosen to SC/ST Employees in promotions? Kindly consider the following observations in the coming DOPT OM.
(a) The Rights of the SC/ST employees curbed and violated the Supreme Court Decisions in the cases of Hemraj Singh Chauhan & Others & Badrinath vs Government Of Tamil Nadu And Ors. on 29 September, 2000 & Article 16 & 335 of the Indian Constitution (right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 of the Constitution.) by neither allowing them to write the Departmental Exam to compete with General Candidates nor giving promotions to the SC/ST employees.
(b) What is the necessity/fun in giving concessions/relaxations to the SC/ST employees in the exams? Whether the concession is for advantage to the SC/ST employees or to suppress/deprive them or barred them for getting promotions against General Category.
(c) As concerned to our Department, the Department is making reservations to the General Candidates instead of giving reservations to the SC/ST employees, by barring the SC/ST employees to write exam and avoiding promotions against the General Vacancies.
(d) In the proposed latest DOPT OM, DOPT is not showing any way to SC/ST employees, though hundreds of SC/ST employees are suffering in getting promotions, in view of the dubious methods adopted in the Departmental exams and in awarding promotions.
(e) In the case of Jitendra Kumar Singh And Anr Vs. State of UP and Ors, the Honorable Supreme Court held that, the merit will be considered after the concessions/relaxations given to SC/STâs. But, no DOPT OM giving clear picture as concerned to the SC/ST Promotions.
(f) Though SC/ST employees are making representations, but, no Government Organization bother about the problems of SC/ST employees.
(g) In our Department in promotions neither following the seniority nor own merit. They are following the mixed method (adopted their own) which suppress and curbing all the SC/ST promotions, which is against the Government Policy. The SC/ST employees who passed the exams with 60% marks (General Standard) are adjusted against the reserved roster points instead of adjusting against the unreserved vacancies, which is violation of the DOPT OMâs Dated: , 01.07.1998, 02.07.1997 & 11.07.2002.
(h) Even in the promotions to the post of ITO of ACIT, those SC/ST employees who has own seniority are adjusted against the reserved roster points, which is against the Honorable Supreme Court Decisions in various cases.
(i) In the proposed DOPT OM, you have not given clarity on those SC/ST employees who passed the exam with concessional marks and senior enough has to consider for promotion against the General Vacancy or not (since the department stating that once passed is passed, no employee is allowed to write the exam for betterment or for improvement, though they have chances to avail to write exam. As concerned to the General Candidates the department is allowing them to write the exam till they attain 60% marks in the exam, which is against the equal rights given to the constitution).
(j) In a particular period, there are not retirements of SC/ST employees, what is the fate of SC/ST employees in getting promotions. How far they have to wait for promotions, it is very unfortunate to say to wait, till a SC/ST employees retire/expire. ( In view of the vacancy based reservation).
(k) In our Department General Candidates, who have less service, when compared with SC/ST employees, who availed more number of chances when compared with SC/ST employees and who has completed the exam after a SC/ST employee, are getting promotions. Why SC/ST employees are not getting promotions.
(l) Whether reservation is advantage or disadvantage.
Kindly verify all aspects before the OM getting approved and consider the above facts. It is requested that instructions may be given with more clarity as regard to the promotions of SC/ST employee against General Vacancies those who availed concession in the exam and barred them from exams to compete with the General Candidates.
Thanking you for giving opportunity to share my opinion.
Reservation is provision for the upliftment of weaker sections. The reservation to the OBCâs is based on economic backwardness but the reservation to the SC/STâs is caste basis reservation because their backwardness is the result of disabilities thrust upon them owing to their so called âLow-casteâ-the basis of which is itself a matter of debate. They were intentionally deprived of even the basic needs of life .History has it that there were times when the so called low caste humans were getting treatment which would have been sniffed away even by he animals. They had no right to live with the mainstream society. The basis of living âmoney and education were snatched away from them.
Reservation is just a drop of effort to compensate for the oceans of sinful treatment meted out to them. But that provision too has become the Itch in the eye of majority of the so called upper caste who have forgotten their own reservations and privileges especially the highest caste i.e. the brahmins.
Caste basis discrimination is such stolidly embedded in the psych of the Indians that efforts are always being made to tailor the provision of the reservation policy in such a manner that a General candidate always gets an upper hand .
There are certain lacunas in the different instructions and OMâs issued from time to time.
1. The OM No.36011/ 1 /98 clearly shows that it is applicable only for Direct Recruits as it also incorporates OBCâs also. But this has been wrongly interpolated to be applicable to promotions also not even applying mind that in promotion there is no reservation for OBCâs and this is being enthusiastically used against SC/ST candidates contrary to the DOPTâs O.M. No. AB/14017/22/89Estt(R.R.)
2. In resonance with the above mentioned provisions a term âOwn Meritâ has been coined where a SC/ST candidate passed with marks applicable to General candidate is said to be passed in âOwn Meritâ. The SC/ST candidates not passed in âOwn Meritâ are considered for promotion only on Roster points allocated to them even if numerous Juniors of General seniority are being regularly promoted. This has not been provided in the Examination Rules where Departmental Examinations are applicable especially the Income Tax Department which has become the hub of discrepancies, irregularities and intentional discrimination.
3. In the Income Tax Department, Examination Rules provide for ten chances. If a General candidate gets between 45 to 47 marks he is considered failed and is free to avail further chance limited to ten but if a SC/ST candidate gets the same marks, he is thrustfully passed under relaxed standards and is not allowed further chances of improvement. Thus he is intentionally deprived of passing in own merit. Also in the recent result of 2010, it was observed that General candidates getting 48 marks in three subjects were provided 5 grace marks and were declared fully passed whereas SC candidates who got above 50 marks in all the subjects except one in which they got 48 marks were not allowed 2 grace marks and were declared passed under relaxed standards. This is example of gross discrimination, injustice and deprivation of fundamental right to equality. The provision of relaxed standards is a provision of constitution as an iota of compensation towards their deprivation. Once passed is to be passed for all purposes.
4. It is also to be noted that SC/ST candidates are not allowed to appear as general candidate, if they wish so, contrary to the fundamental right to Equality as Special provisions and rights come after general rights in the similar context.
5. It seems that the rules are being moulded and interpreted in frames which are in gross disfigurement with the real intention of provisions of the reservation policy which is The Upliftment of the Deprived Castes.
Sir, it is a very welcome effort on your part to set right the discrepancies and confusions which have crept in the provisions for betterment of weaker sections.
With the hope that you will consider things stepping in the shoes of SC/ST candidates.
General candidates getting 48 marks in three subjects were provided 5 grace marks and were declared fully passed whereas SC candidates who got above 50 marks in all the subjects except one in which they got 48 marks were not allowed 2 grace marks and were declared passed under relaxed standards. This is example of gross discrimination, injustice and deprivation of fundamental right
In the Income Tax Department, Examination Rules provide for ten chances. If a General candidate gets between 45 to 47 marks he is considered failed and is free to avail further chance limited to ten but if a SC/ST candidate gets the same marks, he is thrustfully passed under relaxed standards and is not allowed further chances of improvement. Thus he is intentionally deprived of passing in own merit.
A term âOwn Meritâ has been coined where a SC/ST candidate passed with marks applicable to General candidate is said to be passed in âOwn Meritâ. The SC/ST candidates not passed in âOwn Meritâ are considered for promotion only on Roster points allocated to them even if numerous Juniors of General seniority are being regularly promoted. This has not been provided in the Examination Rules where Departmental Examinations are applicable especially the Income Tax Department which has become the hub of discrepancies, irregularities and intentional discrimination.
In the result of ITOâs exam-2010 General candidates getting 48 marks in three subjects were provided 5 grace marks and were declared fully passed whereas SC candidates who got above 50 marks in all the subjects except one in which they got 48 marks were not allowed 2 grace marks and were declared passed under relaxed standards. The DIT (Exams) verbally refused to provide grace to them.This is example of gross injustice meted to SC/ST candidates. Also SC/ST candidates are not allowed further chances and are thus forced to pass on relaxed standards. The Govt of India is trying to get the deprived people in the mainstream society but the general candidates consider them as a hinderence. They do not have any problem if a general candidate is promoted but certainly they retaliate when at the same place a SC/ST candidate is promoted.This typical Indian psych has no other alternative than to safe the interests of SC/ST candidates through strong ,well-intented and clear directions which are expected from your side sir.
Respected Sir,
I belong to OBC candidate. Reservation policy is one of the best mockeries in our democratic system. The politicians have totally defeated the spirit and objectives of the constitution with one pretention or other. If politicians can answer my following questions to the extent of satisfaction of indian people, their policies can be said justified otherwise all these policies are against the constitutional provisions.
1. I belong to OBC category from a poor JAT family. Inspite of having educational qualification BA LLB, I could hardly get job in BSF as ASI(M)in 1989. I qualified departmental test and achieved promotion of SI(M) on 16-10-1998 be dint of my competitive success. My batchmates ASI(M) of SC/ST category (i) who are more prosperous than me and were in batter living standard being son of Govt servant at the time of enrolment (ii) who could not qualify the departmental test for promotion (iii) who have less educational qualification than me, have got promotion to the rank of AC(M)/Inspr(M). I am not only facing humiliation and earning less pay than those. I would like to know :-
(i) Whether taking birth in Poor families of JAT/Pandit/Rajput/Yadav/Gurjar etc caste is a crime in India ?
(ii) Whether constitution of a democratic countary can pnish a poor without any crime only bacause of belonging a person to a particular caste?
(iii) Whether discremination in form of reservation on the basis of caste/community is not against the spriti and objectives of the constitution ?
(iv) Instead of reservation policy, is it not better to support poor families in providing education to their children?
(v) Whethere, treatment with us due to reservation policy in our own country, is deserve to be democratic and impartial?
(vi) On which ground we should think overselve the citizen of India?
(vii) Whether such discremination is not one of the root causes of militancy in India?
(viii) Whether, treatment with us is not against the principle of natural justice and violation of our human rights in our own country?
Sir, Can you please arrange a copy of the following orders issued by DoPT on review of results of failed Sc and ST candidates in Department of Telecommunications
1.9-11/95-DE dtd 31-1-1995
2.9-9/96-DE dtd 27-5-1997
Sir,
i have appointed as a Research Assistant in the Directorate General of Shipping, Government of India, Ministry of Shipping,Jahaz Bhavan, W.H. Marg, Mumbai through the Staff Selection Commission ( WR), Mumbai on 01/05/1995. I have transfer at Kolkata on public interest. I have complited 15years of service. I have join in the pay scale Rs. 5000-150-8000/- , Presently 9300-34800/- Gp-4200/-. till now i have not get and ACP or MACP. In 15 years of service i have not got any promotion. several time i am asking for promotion to my competant authority and they said that my ACR are all average for this reasion i have not get any pormotion.my next promotion scope is OS scale of pay is Rs. 5500-175- 9000/- and it is marge with my present grade. next grade is Rs. 7450-275- 10500/- it is in the same stracture of pay i.e Rs. 9300-34000/- next scale is Rs. 10000-325-12000/- it is in the scale of pay in present grade Rs. 15600- to. gp – 6600/-. my qualification is b.com, PGDMM, diploma in hindi and diploma in computer. i have pass hindi tyiping test and takeing award. in this organisation so many post are vancant i.e executive officer, assistant director general of shipping in the mumbai office and kolkata office the following are lying vacant i.e. assistant directro (SEO), Dy. Directro, Director, Assistant Shipping Master, Dy. Shipping Master, Shipping Master under contral by the ministry of shipping, director general of shipping. and I belongs to SC community. the reservation is a caurse for me. i am sc for this reasion i am not pet promotion it is the main cause. It present post i.e. research assistant is unreserve post. I have come in unreserve post on marit basis. so my request that stop the ACR writing and only for SC and ST there should not be any ACR and the ACR will be written by self. there should not be any reporting officer and reviewing officer. and at present only undersecretary for reservation it should be secretary for reservation because the SC and ST are the majority of the population in this country.my houmble request is that any person in belongs to sc or st they will take nacessary action in this matter.
i joined in central govertment department as on adhoc employee in the month of october 1983. i was regularised w.e.f may1985.my service seniority and promotional benifit counted from regularised date only. where as with out break i served continue from adhoc to regulasied date. kindly send the information any judgment order publised for adhoc cases like me who got benefit from first appointment date
Thank U Mr.D G Rajulu. This problem is not yours. It is the problem of thousands of SC/ST employees of the Income Tax Department. We are facing such problem here in Odisha. We hope the DOPT will review its coments on own merit.
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