Compassionate appointment to ensure transparency and maintain uniformity in the selection process - 100 points scale in merit

Compassionate appointment to ensure transparency and maintain uniformity in the selection process - 100 points scale in merit

Central Government Employees News Latest Update

Compassionate appointment

Compassionate appointment to ensure transparency in selection process

F.No.A.12012/8/ 2020- Ad.III.B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

Gr. Floor, Hudco Vishal Building,
Bhikaji Cama Place, RK Puram, New Delhi-66,
Dated: 18.11.2020

To

(i) DGHRD, (HRM-II) ,
Customs & Central Excise, 507,
Deep Shikha, Rajendra Place,
New Delhi- 110 008

(ii) The All Cadre Controlling Authorities
Under Central Board of Indirect Tax & Customs

Subject: Clarification for selecting of applicants who secured equal weightage points on the 100 points scale in merit – reg.

Sir/ Madam,

Please refer to Board’s letter F.No.A.12012 / 52/ 2018-Ad.III B dated 15th May, 2019 wherein a standard operating procedure based on a 100-point scale was circulated for compassionate appointment to ensure transparency and maintain uniformity and to avoid litigation in the selection process.

2. It has been reported to the Board by one CCA that while applying 100 points scale parameters, as mentioned in SOP, some candidates have equal marks in merit and Cadre Controlling Authority is unable to decide the merit of such candidates in case of tie of marks secured by some candidates. The matter has been deliberated in the Board to resolve such situation.

Reservation / Reservation in Appointment on Compassionate Ground Group ‘C’ posts

3. After examination the issue in detail, it is felt that the tie breaking factor can be per dependant available income e. total of first three financial parameters prescribed in SoP (Pension-annualised, total terminal benefits and annual income of earning members and income from property) divided by total number of dependants (spouse, parents, unmarried daughters, minor children, unmarried major son below 25 years and dependant major sons who are physically/ mentally challenged). The lesser the per dependant available income, the higher the rank amongst the applicants whose scores had a tie.

4. In case of tie even after applying the factor of per dependant available income, then the left-over service of Government Servant can be conside This is suggested as it is felt that longer the left-over service of the deceased, the more is the impact on the family. Applicants related to Government servant with higher left-over service would be considered over the one with lesser left-over service. In case of tie even then, the next factor can be age of the applicant, with elder applicants given preference .

5. The tie breaking factor(s) in the order indicated above, should be used only to decide relative merit of the applicants scoring same points on 100- point scale and only if the applicants scoring same points cannot be accommodated against available All the above details are already included in the SOP and hence would be readily available with CCAs in case of a tie.

6. It is requested to offer your comments/ suggestions, if any, on the proposed formula to resolve the Tie cases not later than 26th Nov, 2020.

Yours faithfully,

Sd/-
(Mohammad Ashit)
Under Secretary to the Govt. of India
011-26 162780

Copy to: The Director General System & Data Management, New Delhi Appointment on

Reservation in Appointment on Compassionate Ground

A compassionate appointment will fill 5 percent of the direct recruitment vacancies in Group ‘ C ‘ post in a year

A person chosen on compassionate grounds for appointment is to be balanced against the correct category in the reservation roster, viz. A SC / ST / OBC / General nominee will hold the position assigned to the respective group in the roster.

Ministry of Personnel, Public Grievances & Pensions
Reservation in Appointment on Compassionate Ground

12 MAR 2020

As per extant instructions, upto a maximum of 5% of direct recruitment vacancies arising in a year in Group ‘C’ posts can be filled up by compassionate appointment. There is no fixed quota of posts to be filled up annually on compassionate grounds, as compassionate appointments are to be made by the administrative Ministries / Departments as per the general policy guidelines laid by the Department of Personnel and Training subject to availability of vacancies, number of applicants seeking compassionate appointment etc.

Check: Latest MACP orders from DoPT

A person selected for appointment on compassionate grounds is to be adjusted in the reservation roster against the appropriate category, viz. a candidate belonging to SC/ ST/ OBC/ General category would occupy the position allocated to the respective category, in the roster.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB

Supreme Court Judgement - Reservations to SC and ST in promotions

Supreme Court Judgement - Reservations to SC and ST in promotions

Non-Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No. 1226 of 2020
[Arising out of S.L.P. (Civil) No. 23701 of 2019]

Mukesh Kumar & Anr.

…. Appellant(s)

Versus

The State of Uttarakhand & Ors.

…. Resondent(s)

WITH

JUDGMENT

L. NAGESWARA RAO, J.

1. The Controversy in the above Appeals pertains to the reservations to Scheduled Castes and Scheduled Tribes in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand.
2. The Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short “the 1994 Act”) provided for reservation in public services and posts in favour of persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens. Section 3(1) of the said Act stipulated reservation at the stage of direct recruitment. According to Section 3(7) of the 1994 Act, the Government Orders providing reservation for appointment to public posts filled up by promotion which were existing on the date of commencement of the 1994 Act shall continue till they are modified or revoked. After the formation of the State of Uttarakhand in 2001, the Uttar Pradesh Public Services (Scheduled Caste, Scheduled Tribe and Other Backward Caste Reservation) Act, 1994 was made applicable to the State of Uttaranchal by a Notification dated 30.08.2001 with a modification in the percentage of reservations. 21% reservation for Scheduled Castes was modified to 19% and 2% for Scheduled Tribes was increased to 4%. Likewise, 21% reservation provided in the 1994 Act for Other Backward Classes was altered to 14%.
   
   Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020
3. A Division Bench of the High Court of Judicature at Allahabad in Mukund Kumar Shrivastava v. State of U.P.1 upheld the validity of Rule 8-A of the Uttar Pradesh Servants Government Seniority Rules, 1991 (for short “the Seniority Rules”) which dealt with consequential seniority of persons belonging to Scheduled Castes and Scheduled Tribes. Later, in Prem Kumar Singh v. State of U.P.2, another Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench held that the judgment in Mukund Kumar Shrivastava (supra) is per incuriam and not a binding precedent. In Prem Kumar Singh’s case (supra), the High Court declared Section 3(7) of the 1994 Act and Rule 8-A of the Seniority Rules unconstitutional. While declaring the correctness of the judgments of the High Court, this Court by its judgment in Uttar Pradesh Power Corporation v. Rajesh Kumar3 held that Section 3(7) of the 1994 Act is unconstitutional insofar as it is contrary to the dictum in M. Nagaraj & Ors. v. Union of India & Ors.4
4. The challenge to Section 3(7) of the 1994 Act, as extended to the State of Uttarakhand, was upheld by the High Court of Uttarakhand in Vinod Prakash Nautiyal & Others v. State of Uttarakhand & Others5. Relying upon the judgment of this Court in U.P. Power Corporation (supra), the High Court of Uttarakhand declared Section 3(7) of the 1994 Act unconstitutional and directed that no promotion can be given by the State by taking recourse to Section 3(7) of the 1994 Act. The application filed for review of the judgment in Vinod Prakash Nautiyal (supra) was dismissed. By way of implementation of the judgment of the High Court dated 06.07.2011 in Vinod Prakash Nautiyal (supra), a committee was constituted by the Government of Uttarakhand for collection of quantifiable data relating to the backwardness of the reserved communities in the State of Uttarakhand and the inadequacy of their representation in public posts.
5. On 05.09.2012, the State Government decided that all posts in public services in the State shall be filled up without providing any reservations to Scheduled Castes and Scheduled Tribes. All Government Orders to the contrary were superseded by the proceeding dated 05.09.2012. Mr. Gyan Chand who was working as Assistant Commissioner (Civil), State Tax and belonging to Scheduled Caste Community filed a Writ Petition for quashing the proceeding dated 05.09.2012. The High Court by its judgment dated 01.04.2019 struck down the proceeding dated 05.09.2012 as being contrary to the law declared by this Court in Indra Sawhney v. Union of India & Ors.6 and Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.7 While referring to the judgments of this Court in M. Nagaraj (supra) and Jarnail Singh (supra), the High Court held that Article 16 (4) of the Constitution in an enabling provision. The High Court observed that it is not necessary for the State Government to collect quantifiable data regarding representation of Scheduled Castes and Scheduled Tribes in State services or regarding their backwardness before providing reservation in their favour in promotion posts. The High Court was of the opinion that the judgment in Vinod Prakash Nautiyal (supra) related to the constitutional validity of Section 3(7) of the 1994 Act alone and the Notifications pertaining to reservation in promotion in favour of Scheduled Castes and Scheduled Tribes were not set aside. The Appeals arising out of Civil Appeal @ S.L.P.(Civil) No.25508 of 2019 and Civil Appeal @S.L.P. (Civil) @ Diary No.39572 of 2019 have been filed assailing the judgment of the High Court dated 01.04.2019.
6. Vinod Kumar and three others belonging to the Scheduled Castes working in the Public Works Department, Government of Uttarakhand filed a Writ Petition in the High Court of Uttarakhand seeking a direction to the Respondent therein to prepare a separate list of eligible candidates as per Rule 5 of the Uttarakhand Promotion by Selection (on posts outside the purview of Public Service Commission) Eligibility Rules, 2003 and to prepare a separate list for each category of eligible candidates of General, Scheduled Castes and Scheduled Tribes for promotion to the post of Assistant Engineer (Civil) in Public Works Department. A further direction to the State Government was sought to hold a departmental promotion committee for promotion to the posts of Assistant Engineers after providing reservation to Scheduled Castes and Scheduled Tribes in accordance with the Government Orders dated 30.08.2001, 31.08.2001 and 17.02.2004 by which reservation was provided in promotion. The Writ Petition was disposed of by the High Court on 15.07.2019 with a direction to the State Government to implement reservations in promotion by promoting only members of Scheduled Castes and Scheduled Tribes in future vacancies to maintain the quota earmarked for the said categories. Civil Appeals @ S.L.P.(Civil) No. 23701 of 2019 and Civil Appeal @ S.L.P. (Civil) No.22640 of 2019 are challenging the judgment dated 15.07.2019.
7. In the meanwhile, the Respondents in Writ Petition (Civil) No.117 of 2019 i.e. the State of Uttarakhand filed an application for review of the judgment dated 01.04.2019. The High Court realized that it committed an apparent error in its judgment dated 01.04.2019, while deciding the Writ Petition by referring to the judgment of this Court in Jarnail Singh (supra). The High Court clarified that the State Government is obligated to collect quantifiable data regarding inadequacy of representation of the Scheduled Castes and Scheduled Tribes in state services before providing reservation in promotion. The High Court clarified that it is not necessary for the State Government to collect data regarding backwardness of the Scheduled Castes and Scheduled Tribes in the light of the direction of this Court in Jarnail Singh (supra). The High Court also observed that the State is not obligated to provide reservation in promotions to members of Scheduled Castes and Scheduled Tribes as Article 16(4-A) of the Constitution is an enabling provision. However, reservation can be provided by the State Government only after collecting data regarding inadequacy of representation of the Scheduled Castes and Scheduled Tribes in state services. As such, the High Court directed the State Government to collect quantifiable data regarding inadequacy of the representation of the Scheduled Castes and Scheduled Tribes in Government services which would enable the State Government to take a considered decision on providing or not providing reservation. The State Government was directed to take a decision whether to provide reservation or not only after considering the data relating to the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in the services of the State within a period of four months from the date of receipt of the judgment. Aggrieved by the order dated 15.11.2019 passed in Review Petition in W. P. (S/B) No.117 of 2019, the Civil Appeal @ S.L.P.(Civil) No.27715 of 2019, Civil Appeal @ S.L.P.(Civil) No.28039 of 2019, Civil Appeal @ S.L.P. (Civil) No.27735 of 2019 and Civil Appeal @ S.L.P.(Civil) No. 28947 of 2019 have been filed.
8. Mr. Ranjit Kumar, learned Senior Counsel appearing for the Appellants in SLP (C) No. 25508 of 2019, Mr. Mukul Rohtagi and Mr. P.S. Narsimha, learned Senior Counsel appearing for the State of Uttarakhand contended that there is no fundamental right to claim reservation in appointments or promotions to public posts. There is no constitutional duty on the part of the State Government to provide reservations. Article 16 (4) and 16 (4-A) are merely enabling provisions. On 15.09.2012, the State of Uttarakhand, after due consideration, decided that there shall be no reservation in promotions. They relied upon the judgment of the High Court of Uttarakhand in Vinod Prakash Nautiyal (supra) by which Section 3 (7) of the 1994 Act was declared unconstitutional. It was submitted by them that the State Government has not brought any law in terms of the judgment of this Court in M. Nagaraj & Ors. (supra). It was urged by the learned Senior Counsel that there is no necessity for collection of any quantifiable data after the Government has taken a decision not to provide reservations. The collection of data, according to them, is required only to justify a decision to provide reservation. It was also submitted by them that according to a judgment of this Court in Suresh Chand Gautam v. State of U.P.8 no direction can be given by the Court to the State Government to collect quantifiable data on the basis of which a decision to provide reservation should be taken. They placed reliance on the judgment of this Court in M. Nagaraj & Ors. (supra) to argue that the State is not bound to make reservations.
9. On the other hand, Mr. Kapil Sibal, Mr. Dushyant Dave and Mr. Colin Gonsalves, learned Senior Counsel and Dr. K.S. Chauhan, learned counsel, appearing for the reserved category employees submitted that the State cannot refuse to collect quantifiable data regarding the adequacy or inadequacy of representation of the Scheduled Castes and Scheduled Tribes in public services. They submitted that there is an obligation on the State to provide reservations in promotions for upliftment of the members of the Scheduled Castes and Scheduled Tribes as mandated by Article 16 (4) and 16 (4-A) of the Constitution of India. The right to equality of persons belonging to Scheduled Castes and Scheduled Tribes cannot be defeated by the State Government by not discharging its constitutional obligation of implementing Article 16 (4) and 16 (4- A) of the Constitution. They urged before this Court that according to the law laid down by this Court, the State has a duty to decide not to provide reservations only after the State is satisfied that the Scheduled Castes and Scheduled Tribes are adequately represented in public posts on the basis of quantifiable data. According to them, Suresh Chand Gautam (supra) was not correctly decided and needs reconsideration. It was also submitted on behalf of the reserved category candidates that a Committee was constituted by the Government of Uttarakhand to collect quantifiable data regarding the adequacy of representation of persons belonging to Scheduled Castes and Schedules Tribes in public posts in accordance with the judgment of this Court in M. Nagaraj (supra). According to the report submitted by the Committee, there is inadequate representation of the Scheduled Castes and Scheduled Tribes in government services in the State of Uttarakhand. The said report was approved by the State Cabinet. It was contended by the learned counsel that the State Government was duty bound to provide reservations on the basis of the data that was collected by the Committee.
10. The central point that arises for our consideration in these appeals is whether the State Government is bound to make reservations in public posts and whether the decision by the State Government not to provide reservations can be only on the basis of quantifiable data relating to adequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes.
11. Article 16 (4) and 16 (4-A) do not confer fundamental right to claim reservations in promotion9. By relying upon earlier judgments of this Court, it was held in Ajit Singh (II) (supra) that Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant. It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts10. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such provision, the State has to collect quantifiable data showing inadequacy of representation of that class in public services. If the decision of the State Government to provide reservations in promotion is challenged, the State concerned shall have to place before the Court the requisite quantifiable data and satisfy the Court that such reservations became necessary on account of inadequacy of representation of Scheduled Castes and Scheduled Tribes in a particular class or classes of posts without affecting general efficiency of administration as mandated by Article 335 of the Constitution11.
12. Article 16 (4) and 16 (4-A) empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes ‘if in the opinion of the State they are not adequately represented in the services of the State’. It is for the State Government to decide whether reservations are required in the matter of appointment and promotions to public posts. The language in clauses (4) and (4-A) of Article 16 is clear, according to which, the inadequacy of representation is a matter within the subjective satisfaction of the State. The State can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a Commission/Committee, person or authority. All that is required is that there must be some material on the basis of which the opinion is formed. The Court should show due deference to the opinion of the State which does not, however, mean that the opinion formed is beyond judicial scrutiny altogether. The scope and reach of judicial scrutiny in matters within the subjective satisfaction of the executive are extensively stated in Barium Chemicals v. Company Law Board12, which need not be reiterated13.
13. On the basis of the settled law of this Court pertaining to the scope of Article 16 (4) and 16 (4-A) of the Constitution, we proceed to determine the correctness of the judgments of the High Court. As noted above, the judgment of the High Court in Writ Petition No.117 of 2019 is to the effect that the proceeding dated 05.09.2012 issued by the Government of Uttarakhand by which it was decided to fill up the promotional posts or vacancies without providing reservations to Scheduled Castes and Scheduled Tribes was struck down. It was held by the High Court that the notifications that were issued by the Government of Uttarakhand, providing for reservations, continued to operate. A direction was issued by the High Court that reservation in promotion in favour of the Scheduled Castes and Scheduled Tribes can be made by the State Government without having quantifiable data regarding the backwardness of the Scheduled Castes and Schedules Tribes or the adequacy of their representation in the Government services.
14. The application filed for review of the judgment in Writ Petition No.117 of 2019 was decided by a judgment dated 08.11.2019 by the High Court. Realising the error committed in its judgment dated 01.04.2019, the High Court modified the judgment by holding that according to the decision of this Court in Jarnail Singh v. Lachhmi Narain Gupta14, the State was obligated to collect quantifiable data regarding the inadequacy of representation of the Scheduled Castes and Scheduled Tribes in public services. The High Court observed that Article 16 (4) and 16 (4-A) of the Constitution are enabling provisions, and the State Government is not obligated to provide reservations in promotion in favour of members of the Scheduled Castes and Scheduled Tribes. The High Court expressed its opinion that reservation in promotion to public posts can be provided by the State Government only after collecting data regarding the inadequacy of their representation in service. In light of the above, the High Court directed the State Government to collect quantifiable data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in state services which would enable the State Government to take a considered decision as to whether or not reservation in promotion should be provided in favour of Scheduled Castes and Scheduled Tribes. The collection of quantifiable data was directed to be completed within four months from the date of receipt of the judgment.
15. The High Court committed an error by striking down the proceeding dated 05.09.2012 by which a decision was taken not to provide reservation in promotions without giving any reasons, except stating that the said decision is contrary to the judgments of this Court in Jarnail Singh and Indra Sawhney (supra). A perusal of the proceeding dated 05.09.2012 would show that the decision taken by the State Government was by way of implementation of the judgment of the High Court of Uttarakhand in Vinod Prakash Nautiyal (supra) by which Section 3(7) of the 1994 Act, relating to the provision of reservation in promotion, was struck down. By its judgment dated 10.07.2012 in Vinod Prakash Nautiyal (supra), the High Court declared Section 3 (7) of the 1994 Act as contrary to the law laid down by this Court in M. Nagaraj (supra). There was a further declaration that no promotion can be given by the State of Uttarakhand by taking recourse to Section 3 (7) of the 1994 Act. However, the State Government was given liberty to bring out another legislation in accordance with the mandate of the Constitution of India, by following the judgment in M. Nagaraj (supra). This Court dismissed the SLP filed against the said judgment. At this juncture, it is relevant to mention that certain notifications were issued after the formation of the State of Uttarakhand by which reservation in promotion to public posts as provided in the State of Uttar Pradesh was adapted with certain modifications. As stated above, the Government of Uttarakhand appointed a Committee for collection of quantifiable data pertaining to the adequacy or inadequacy of representation of the members of Scheduled Castes and Scheduled Tribes in public services in the State. The Committee submitted its report, according to which the representation of Scheduled Castes and Scheduled Tribes is inadequate. The State Cabinet approved the recommendation of the Committee on 12.04.2012. Ultimately, the State Government by a proceeding dated 05.09.2012 decided to set aside all previous Government orders relating to reservation in promotions to Government services in the State. As the Government is not bound to provide reservation in promotions, we are of the opinion that there is no justifiable reason for the High Court to have declared the proceeding dated 05.09.2012 as illegal.
16. The direction that was issued to the State Government to collect quantifiable data pertaining to the adequacy or inadequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes in Government services is the subject matter of challenge in some appeals before us. In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4- A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the under-representation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. Yet another direction given by the High Court in its judgment dated 15.07.2019, directing that ll future vacancies that are to be filled up by promotion in the posts of Assistant Engineer, should only be from the members of Scheduled Castes and Scheuled Tribes, is wholly unjustifiable and is hence set aside.
17. The submission made on behalf of the reserved category candidates that the judgment of this Court in Suresh Chand Gautam (supra) needs reconsideration is without substance in view of the findings recorded above. We are in agreement with the decision of this Court in Suresh Chand Gautam (supra) in which it was held that no mandamus can be issued by the Court to the State to collect quantifiable data relating to adequacy of representation of the Scheduled Castes and Scheduled Tribes in public services.
18. The High Court was not informed about the appointment of a Committee for collection of quantifiable data and the completion of such exercise by the Committee, which was approved by the State Cabinet. However, the State Government took a conscious decision not to provide reservation in promotions. The direction given by the High Court to collect quantifiable data, therefore, is wholly unnecessary as the State is already in possession of the said data.
19. In view of the aforesaid, the impugned judgments of the High Court in Writ Petition (S/B) No. 351 of 2019, Writ Petition (S/B) No. 117 of 2019 and Review Application No. 389 of 2019 in Writ Petition (S/B) No. 117 of 2019 are set aside.
20. The Appeals are disposed of accordingly.

……………
[L. NAGESWARA RAO]

……………
[HEMANT GUPTA]

New Delhi,
February 07, 2020

Defence - Reservation in Sainik School - 27% reservation for OBCs

Defence - Reservation in Sainik School - 27% reservation for OBCs

Ministry of Defence

Reservation in Sainik School

FEB 2020

At present, there are 31 Sainik Schools functioning in the country. State wise details of Sainik Schools in the country is as under:

Read this: Central government servant representation on their service matters - CGA

S. No.	Name of School	State
1	Sainik School Korukonda	Andhra Pradesh
2	Sainik School Kalikiri	Andhra Pradesh
3	Sainik School East Siang	Arunachal Pradesh
4	Sainik School Goalpara	Assam
5	Sainik School Nalanda	Bihar
6	Sainik School Gopalganj	Bihar
7	Sainik School Ambikapur	Chhattisgarh
8	Sainik School Balachadi	Gujarat
9	Sainik School Kunjpura	Haryana
10	Sainik School Rewari	Haryana
11	Sainik School SujanpurTira	Himachal Pradesh
12	Sainik School Nagrota	Jammu & Kashmir
13	Sainik School Tilaiya	Jharkhand
14	Sainik School Bijapur	Karnataka
15	Sainik School Kodagu	Karnataka
16	Sainik School Kazhakootam	Kerala
17	Sainik School Rewa	Madhya Pradesh
18	Sainik School Satara	Maharashtra
19	Sainik School Chandrapur	Maharashtra
20	Sainik School Imphal	Manipur
21	Sainik School Chhingchhip	Mizoram
22	Sainik School Punglwa	Nagaland
23	Sainik School Bhubaneswar	Odisha
24	Sainik School Kapurthala	Punjab
25	Sainik School Chittorgarh	Rajasthan
26	Sainik School Jhunjhunu	Rajasthan
27	Sainik School Amaravathi Nagar	Tamil Nadu
28	Sainik School Ghorakhal	Uttarakhand
29	Sainik School Mainpuri	Uttar Pradesh
30	Sainik School Jhansi	Uttar Pradesh
31	Sainik School Purulia	West Bengal

Admission to Sainik School is strictly merit based through a competitive exam and medical fitness. As per Sainik School Society Rules and Regulations 1997, seats for admission in Sainik Schools are reserved for candidates belonging to SC, ST and Defence categories. It has been decided on 10th January, 2020 to have 27% reservation for OBCs in admissions to align with the formulations of the M/o Human Resources Development on the matter of admissions.

This information was given by Raksha Rajya Mantri Shri Shripad Naik in a written reply to Shri Margani Bharatin Lok Sabha today.

Also read: Pay Rules / Regulations 2017 for Army / Navy / Air force officers, MNS, JCOs / OR & Equivalent for revision of option to come over to revised pay structure

PIB

Penal Provisions for Violation of Reservation in Promotion

Ministry of Personnel, Public Grievances & Pensions

Penal Provisions for Violation of Reservation in Promotion

12 DEC 2019

The Central Government officers/ officials are governed by Central Civil Services (Conduct) Rules, 1964 and Central Civil Services (Classification, Control & Appeal) Rules, 1965 which have adequate provision to deal with the officers/ officials who violate the policy guidelines issued by the Central Government. The Government has issued guidelines from time to time to all Ministries/ Departments to strictly observe the reservation policy and other orders relating to representation of reserved categories. Instructions provide that cases of negligence or lapse in the matter of following reservation and other orders relating to the reserved category should be viewed seriously and be brought to the notice of appropriate authorities and suitable action be taken promptly. As per the guidelines dated 04.01.2013, all Ministries/ Departments are required to appoint/ nominate Liaison officers at least of the rank of Deputy Secretary and setting up of special Reservation Cell for enforcement of orders of reservation in posts and services of the Central Government.

Also check: 10% reservation would be provided for Economically Weaker Sections (EWS) in Central Government posts and services

The DoPT monitors the progress in filling up of backlog vacancies for SCs, STs and OBCs with ten Ministries/ Departments, having more than 90% of the employees in Central Government. Out of these Ministries/ Departments, six Ministries/ Departments have informed that as on 01.01.2018, 7782 backlog vacancies for SCs, 6903 backlog vacancies for STs and 10859 backlog vacancies for OBCs remained unfilled. Besides the above six, three more Ministries/ Departments have informed that as on 01.01.2019, 1713 backlog vacancies for SCs, 2530 backlog vacancies for STs and 1773 backlog vacancies for STs remained unfilled.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB

Provisions regarding reservation under the Central Government

Provisions regarding reservation under the Central Government

Ministry of Personnel, Public Grievances & Pensions
Provisions relating to Reservations

20 NOV 2019

The instructions issued by Government on India under Article 16 (4) and 16 (4A) of the Constitution are, mutatis mutandis, followed by the Public Sector Undertakings (PSUs), Financial Institutions including the Public Sector Banks under the Central Government. Implementation of the reservation provisions are insisted upon as a pre-condition to receive grants-in-aid by the voluntary organizations, autonomous bodies /institutions etc. where:-

Also check: MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - DOPT CONSOLIDATED GUIDELINES

• the recipient body employs more than 20 persons on a regular basis and at least 50% of its recurring expenditure is met from grants-in-aid from Central Government; and
• the body is registered society of a cooperative institution and is in receipt of a general purpose annual grants-in-aid of Rs. 2 lakhs and above from the Consolidated Fund of India.

Ministries/Departments have been directed to include suitable clause in the terms and conditions under which voluntary agencies / organizations etc. are given grants-in-aid by the Government for reservation for SCs/ STs/ OBCs in the posts and services under such organisations or agencies. It has further being provided that while sanctioning further grants, the progress made in employing SCs/ STs/ OBCs should be kept in view.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

PIB

Backlog reserved vacancies for SCs, STs and OBCs with ten Ministries and Departments

Backlog reserved vacancies for SCs, STs and OBCs with ten Ministries and Departments

Reservation in Central Govt Services

“Backlog reserved vacancies for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) with ten Ministries/ Departments”

Vacant posts of reserved category candidates are not centrally maintained, as the recruitment process is carried out by the respective cadre controlling authorities through concerned recruitment agencies.

However, Department of Personnel and Training monitors the progress in respect of filling up of backlog reserved vacancies for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) with ten Ministries/ Departments, having more than 90% of the employees in Central Government.

As per information provided by the ten Ministries/Departments which includes their Public Sector Banks/Financial Institutions, Central Public Sector Undertakings etc., out of 92589 backlog reserved vacancies (29198 for SCs, 22829 for STs and 40562 for OBCs), 63876 backlog reserved vacancies (20975 for SCs, 15874 for STs and 27027 for OBCs) were filled up during the period from 01.04.2012 to 31.12.2016 and 28,713 backlog reserved vacancies (8223 for SCs, 6955 for STs and 13535 for OBCs) remained unfilled as on 01.01.2017.

Out of these ten Ministries/Departments, five Ministries/Departments have further informed that out of 21499 backlog reserved vacancies (7532 for SCs, 6887 for STs and 7080 for OBCs), 12334 backlog reserved vacancies (4514 for SCs, 3595 for STs and 4225 for OBCs) were filled up as on 31.12.2017 and 9165 backlog reserved vacancies (3018 for SCs, 3292 for STs and 2855 for OBCs) remained unfilled as on 01.01.2018.

Filling up of vacancies, including backlog reserved vacancies, is a continuous process.

However, Department of Personnel and Training has already issued instructions to all Ministries/Departments to constitute an in-house Committee to identify backlog reserved vacancies, study of the root cause of backlog reserved vacancies, initiation of measures to remove such factors and to fill up such vacancies through Special Recruitment Drive.

The persons belonging to Economically Weaker Sections (EWSs), who are not covered under the scheme of reservation for SCs, STs and OBCs have been given 10% reservation in direct recruitment in civil posts and services in the Government of India.

Every Government establishment shall recast group-wise posts-based reservation roster register for direct recruitment in accordance with the format given in Office Memorandum No. 36039/1/2019-Estt.(Res) dated 31.01.2019, issued by the Department of Personnel and Training for affecting 10% reservation for EWSs.

While fixing the roster points, if the EWS roster point coincides with the roster points of SCs/STs/OBCs, the next available UR (Unreserved) roster point has been allotted to the EWS.

The above information  given as a written reply to a question in parliament on 10.7.2019 by the Minister of State for Dopt Dr. Jitendra Singh.

GDS: Revised eligibility criteria for engagement to Gramin Dak Sevaks posts

GDS: Revised eligibility criteria for engagement to Gramin Dak Sevaks posts

No. 17-02/2018-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg New Delhi - 110001
Dated: 08.03.2019

To
All Chief Postmasters General/Postmasters General

Subject: Revised eligibility criteria for engagement to Gramin Dak Sevaks (GDS) posts.
 
The eligibility criteria/conditions for engagement to GDS posts were last reviewed and notified by the Department vide letter No.17-39/6/2012-GDS dated 14.01.2015. The matter has been examined. The competent authority has now decided to revise the same as per details below:-

I. Age Limit
The minimum and maximum age for the purpose of engagement to GDS posts shall be 18 and 40 years respectively as on the date of notification of the vacancy. Permissible relaxation in upper age limit for different categories are as under:-

Sl.No.	Category	Permissible age relaxation
1.	Schedule Cast/Scheduled Tribe (SC/ST)	5 years
2.	Other Backward Classes (OBC)	3 years
3.	Economically Weaker Sections (EWS)	No relaxation*
4.	Persons with Disabilities (PwD)	10 years*
5.	Persons with Disabilities (PwD) + OBC	13 years*
6.	Persons with Disabilities (PwD) + SC/ST	15 years*

Note: 1 * There will be no relaxation in upper age limit to EWS candidates. However, the persons belonging to EWSs who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in engagement to Gramin Dak Sevaks posts in the Department of Posts as prescribed in Directorate letter No 17-09/2019 dated 26.02.2019 .

Note: 2 *All recruiting authorities shall maintain the above age relaxation for persons with disability for all categories of GDS posts as is applicable in regular appointment in Group 'C' cadre. This relaxation however is not applicable for persons with benchmark of disability "Blind", as in place of blind, candidate with Low Vision have been identified as prescribed in Directorate letter No. 17-8/2017-GDS dated 26.02.2019 . Relaxation in upper age limit is subject to the condition that maximum age of the applicant on the crucial date shall not exceed 56 years.

II. Educational Qualification
(i) Secondary School Examination pass certificate of 10th standard with passing marks in Mathematics and English (having been studied as compulsory or elective subjects) conducted by any recognized Board of School Education of the Government of India/State Governments/ Union Territories in India shall be a mandatory educational qualification for all approved categories of Gramin Dak Sevaks (i.e. BPM,ABPM & Dak Sevak ) referred to in Directorate Order No 17-3112016-GDS dated 25.06.2018.

(ii) Compulsory knowledge of Local Language
The candidate should have studied the local language at least up to 10th standard [as compulsory or elective subjects] as declared by the State Government or as per constitutional provisions relating to the 8th schedule of Constitution of India. The details of local language for each state/Union Territories is as given below:-

Sl.No.	Name of Circle	Name of State / Union Territory covered  under Postal Circle	Local language as for the Postal Circle
1	Andhra Pradesh	Andhra Pradesh	1. Telugu 2. Urdu
2	Assam	Assam	1. Assamese 2. Bengali 3. Bodo
3	Bihar	Bihar	1. Hindi 2. Urdu
4	Chhattisirarh	Chhatisgarh	Hindi
5	Delhi The Government of NCT of Delhi	Delhi	1. Hindi 2. Punjabi 3. Urdu
6	Guiarat	Guiarat	Gujarati
		Dadra Nagar Haveli	To be decided later
		Daman and Diu	Gujarati
7	Haryana	Haryana	1.Hindi 2. Punjabi
8	Himachal Pradesh	Himachal Pradesh	Hindi
9	J & K Circle	J & K	Urdu
10	Jharkhand	Jharkhand	1. Hindi, 2. Urdu, 3. Santhali, 4. Bangla, 5. Odia, 6. Maithili
11	Karnataka	Karnataka	Kannada
12	Kerala	Kerala	Malayalam
		Lakshadweep	Malavalam
13	Madhya Pradesh	Madhya Pradesh	Hindi
14	Maharashtra	Maharashtra	Marathi
		Goa	l. Konkani 2.Marathi
15	North East	Arunachal Pradesh	(To be decided later)
		Manipur
		Meghalaya
		Mizoram
		Nagaland
		Tripura
16	Odisha	Odisha	Odia
17	Punjab Chandiirnrh (Chandigarh)	Punjab	Punjabi
		Chandigarh	English
18	Raiasthan	Raiasthan	Hindi
19	Tamilnadu	Tamilnadu	Tamil
		Puducherry	Tamil for Puducherry Malayalam for Mahe Telugu for Yanam
20	Telangana	Telangana	l.Telugu 2.Urdu
21	Uttar Pradesh	Uttar Pradesh	I.Hindi 2.Urdu
22	Uttarakhand	Uttarakhand	I.Hindi 2.Sanskrit
23	West Bengal	West Bengal	1. Bengali, 2. Nepali, 3. Urdu, 4. Hindi, 5. Santhali, 6. Odia, 7. Punjabi
		Andaman and Nicobar Islands)	Hindi
		Sikkim	Nepali

(iii) Basic Computer Training
The candidates for all approved categories of GDS referred to in (i) above will be required to furnish Basic Computer Training Course Certificate of at least 60 days duration, from any Computer Training Institute run by Central Government/State Government I Universities I Boards /Private Institutions Organizations. This requirement of basic computer knowledge certificate shall be relaxable in cases where a candidate has studied computer as a subject in Matriculation or class XII or any other higher educational level and in such cases, a separate certificate will not be insisted upon .

III. Residence
The condition of residence shall apply as stipulated in Rule 3-A (vii) of GDS (Conduct and Engagement) Rules, 2011. The candidates must provide accommodation for Branch post office after selection but before engagement . The accommodation should meet the following prescribed standards :-

(i) The building may be owned by a Gram Panchayat or Central government or by State government such as school or offices or BPM's own house or a proper rented accommodation in a busy place of the village .

(ii) Location - The GDS Branch Post Office should be located in the main, busy part of the village .

(iii) Size - The minimum size of GDS Branch Post Office should not be less than 100 sq. feet preferably in 10'X10' dimensions and in ground floor.

(iv) Approach - The GDS Branch Post Office should have direct access/approach from village road and should be located in front portion of the building in which it is housed. The GDS Branch Post Office should not be housed in verandah, courtyards, kitchen, space under the stairs, bedroom, damaged rooms, makeshift accommodations , isolated buildings outside the village etc. which are difficult to access/approach by the customers.

(v) Structure - The accommodation should preferably be a brick and mortar structure to ensure safety and security. The room should be properly ventilated and lighted and should be properly maintained and neatly white washed.

(vi) Power supply - The post office room should have electrical power connection for charging of handheld devices and for fan, electricity bulb etc. It should have suitable place to install solar panels.

(vii) The accommodation for the GDS Branch Post Office should be exclusively available for Post Office use. It may work from a village shop but Post office working from shop should have an exclusive space to keep the registers, micro ATM or hand-held device and other items apart from space for prominently exhibiting the signage etc. giving due importance to Post Office.

(viii) At present DARPAN devices are using are of the four Network Service Providers (NSPs) viz, Airtel, Vodafone, Idea & BSNL for ensuring connectivity to Branch Post Offices. While providing accommodation for GDS BO, it should be ensured that, Network is available for any one of these NSPs.

Further, it is clarified that the candidate who provide the above prescribed standards of accommodation after selection but before engagement and if he is engaged as GDS BPM will be entitled for the drawal of Composite allowance @ Rs.500/-per month as prescribed in Directorate OM. No 17-31/2016-GDS dated 25.06.2018 & No 17-31/2016-GDS (pt) dated 28.09.2018. Further, if the candidate selected and engaged as GDS BPM provides accommodation for Post Office in a rent free government accommodation and staying in the Post village will be entitled for the Composite allowance Rs.250/- equal to that of BPMs who provide non-standard accommodation (those who are not fulfilling above standard are treated as non-standard accommodations) , as prescribed in Directorate OM. No. 17-31/2016-GDS dated 25.06 .2018 & No 17-31/2016-GDS (pt) dated 28.09.2018.

IV. Knowledge of Cycling
Knowledge of Cycling is a pre-requisite condition for all GDS posts. In case of a candidate having knowledge of riding a scooter or motor cycle, that may be considered as knowledge of cycling. The candidate has to submit a declaration to this effect.

V. Adequate means of Livelihood
The condition of adequate means of livelihood shall apply as stipulated in Rule 3- A (iii) of GDS (Conduct and Engagement) Rules, 2011. However, this condition shall not be a pre-requisite for candidates for the purpose of applying to the GDS post or selection there to and the selected candidate shall be required to comply with this prescribed condition within 30 days after selection but before engagement . The GDS will also have to ensure that he is having adequate additional means of livelihood during the period of engagement till his discharge.

VI. Furnishing of Security
On engagement as GDS, the person so engaged shall be required to furnish security in such manner as may be prescribed from time to time. The existing security amount in case of GDS Branch Postmaster and other approved categories of GDS i.e. ABPM & Dak Sevak is Rs.25,000/- & Rs.10,000/- respectively the same to be furnished in form of FIDELITY BOND for a period of five years and same to be renewed every five years during the period of engagement.

VII. Fulfillment of other terms and conditions
Terms and conditions of engagement to GDS posts shall apply as stipulated in the relevant rules of GDS (Conduct & Engagement) Rules, 2011modified from time to time by the Department of Posts.

VIII. Adequate representation of SC/ST/OBC, Persons with Disability, Ex­ Serviceman & Economically Weaker Sections (EWSs).
The instructions issued by the Department vide no.19-11/97-ED & TRG dated 27.11.1997, No. 17-08/2017-GDS dated 26.02.2019 and No. 17-09/2019 dated 26.02.2019 providing for adequate representation of SC/ST/OBC communities, Persons with Disability and Economically Weaker Sections (EWSs) respectively will continue to apply.

(i) The permissible disability for persons with Disability will be as given below :-

Sl. No	Name of the Posts	Categories of disability suitable for the post
1	BPM/ ABPM/ Dak Sevaks	a) Low vision (LV), b) D(Deaf), HH (Hard of hearing) , c) One Arm (OA), One leg (OL), Leprosy Cured, Dwarfism , Acid Attack Victim, d) Specific learning disability. Multiple disabilities from amongst disabilities mentioned at (a) to (d) above except Deaf and Blindness

(ii) The reservation to EWSs will be as given below:-
The persons belonging to EWSs who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in engagement of GDS posts.

IX. Production of SC/ST/OBC/Disability/ Economically Weaker Sections Certificate :
Production of SC/ST/OBC/Disability/EWSs certificate in the prescribed format would be compulsory in case of such candidates.

X. Time Related Continuity Allowance (TRCA)
The following Minimum TRCA shall be payable to the deferent categories of GDS posts as mentioned in Directorate Order No 17-31120 16-GDS dated 25.06.20 18 :-

SI.No.·	Category	Minimum TRCA for 4 Hours/level 1	Minimum TRCA for 5 Hours/level 2
1	BPM	Rs.12000/-	Rs.14500/-
2	ABPM/Dak Sevaks	Rs.10000/-	Rs.12000/-

XI. Method of Engagement:
Method of engagement will continue to be as online engagement process for engagement of all categories of GDS as notified vide Directorate Letter No 17-2312016-GDS dated 01.08.2016.

(i) Exemption of fee for applying on GDS Posts
Male applicants belonging to the category UR/OBC/EWS have to pay a fee of Rs. 100/-(Rupees one hundred only) for each set of five options. Payment of fee is exempted for all female candidates, all SC/ST candidates and all PwD candidates.

(ii) Option for applying on GDS Posts
A candidate can apply for a maximum of twenty posts all over India per cycle of online engagement. This inter alia means that a prospective candidate can apply for twenty posts on a single application spread across one Circle or several Circles. This cap of twenty posts is inclusive of vacancies arising in candidate's home Circle. Home Circle means belonging or native I domicile state of a prospective candidate in which she/He is permanently residing and that Postal Circle is providing opportunity. Hence, candidates should exercise due care while utilizing the twenty choices available to her/Hm in each Cycle. However, only one post will be offered for each Circle if she/He has applied for one or more posts in each Circle.

Example: - If a candidate opts for five posts with preference post l, post2, post3, post4, post 5 etc. and selected as meritorious in more than one post, the post in the order of preference will be offered and the candidature for all the remaining posts will be forfeited.

XII. Job Profile

(i) BRANCH POSTMASTER (BPM)
The Job Profile of Branch Post Master will include managing affairs of GDS Branch Post Office, India Posts Payments Bank (IPPB) and ensuring uninterrupted counter operation during the prescribed working hours using the handheld device/Smartphone supplied by the Department. The overall management of postal facilities, maintenance of records, upkeep of handheld device, ensuring online transactions, and marketing of Postal, India Post Payments Bank services and procurement of business in the villages or Gram Panchayats within the jurisdiction of the Branch Post Office should rest on the shoulders of Branch Postmasters. However, the work performed for IPPB will not be included in calculation of TRCA. since the same is being done on incentive basis. Branch Postmaster will be the team leader of the GDS Post Office and overall responsibility of smooth and timely functioning of Post Office including mail conveyance and mail delivery. He/she might be assisted by Assistant Branch Post Master of the same GDS Post Office. BPM will be required to do combined duties of ABPMs as and when ordered . He will also be required to do marketing, organizing melas, business procurement and any other work assigned by IPO/ASPO/SPOs/SSPOs/SRM/SSRM etc. In some of the Branch Post Offices, the BPM has to do all the work of BPM/ABPM.

(ii) ASSISTANT BRANCH POSTMASTER (ABPM)
The Job Profile of Assistant Branch Post Master will include all functions of sale of stamps/stationery, conveyance and Delivery of mail at doorstep deposits/payments/other transactions under IPPB, assisting Branch Postmasters in counter duties using the handheld device/Smart phone supplied by the Department. However, the work performed for IPPB will not be included in calculation of TRCA. since the same is being done on incentive basis. He will also be required to do marketing, organizing melas, business procurement and any other work assigned by the Branch Postmaster or IPO/ASPO/SPOs/SSPOs/SRM/SSRM etc. ABPMs will also be required to do Combined Duty of BPMs as and when ordered.

(iii) DAK SEVAK
The Job Profile of Dak Sevaks will include all functions of viz sale of stamps and stationery, conveyance and delivery of mail and any other duties assigned by Postmaster/Sub Postmaster including IPPB work in the Departmental Post Offices/RMS. However, the work performed for IPPB will not be included in calculation of TRCA. since the same is being done on incentive basis. He may also have to assist Post Masters/Sub Postmasters in managing the smooth functioning of Departmental Post Offices and do marketing, business procurement or any other work assigned by the Post Master or IPO/ASPO/SPOs/SSPOs/SRM/SSRM etc.

2. The revised eligibility conditions and criteria of selection will come into effect for the vacancies to be notified on or after the date of issue of this notification. The engagement process initiated before this date shall be finalized as per the existing instructions.

3. Necessary amendments in the GDS (Conduct & Engagement), Rules 2011 are being issued separately.

4. Hindi version will follow.

(SB Vyavahare)
Assistant Director General (GDS/PCC)
Tele No. 011-23096629

Source: utilities.cept.gov.in

Cabinet approves reservation in Teachers Cadre Ordinance, 2019

Cabinet
Cabinet approves reservation in Teachers' Cadre Ordinance, 2019

07 MAR 2019

The Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the proposal for promulgation of "The Central Educational Institutions (Reservation in Teachers' Cadre) Ordinance, 2019" considering the University/ College as a unit instead of 'Department/ Subject'.

Impact:
This decision is expected to improve the teaching standards in the higher educational institutions to attract all eligible talented candidates.

Benefits:
This decision will allow filling up of more than 5000 vacancies by direct recruitment in Teachers' Cadre duly ensuring that the Constitutional Provisions of Articles 14, 16 and 21 shall be complied with and stipulated reservation criteria for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes are met with.

PIB

Reservation for EWSs in Direct Recruitment of GDS

Reservation for EWSs in Direct Recruitment of GDS

No.17-09/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg
New Delhi-110001
Dated- 26.02.2019

To

1. All Chief Postmasters General / Postmasters General
2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate
3. Director, RAKNPA / GM, CEPT / Directors of All PTCs
4. Addl. Director General, Army Postal Service, R.K.Puram, New Delhi
5. All General Managers (Finance) /Directors Postal Accounts / DDAP

Subject:- Reservation for Economically Weaker Sections (EWSs) in Direct Recruitment of Gramin Dak Sevaks.

As per Directorate letter no. 19-11/97-ED & TRG Dated 27.11.1997, instructions were issued to all Circles for reservation for SC/ST/OBC in engagement of Gramin Dak Sevaks (GDS).

Recently, DOPT OM no. 36039/1/2019-Estt(Res) dated 31st January 2019 has been circulated vide Directorate Memo No.3-1/2019-SCT dated 08.02.2019 regarding reservation for EWSs in making direct recruitment to posts of regular establishment of the Central Government. On the basis of these guidelines, it has been decided that, the persons belonging to EWSs who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 1070 reservation in direct recruitment in all categories of GDS posts in Department of Posts.

Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs.8.00 lakh (Rupees eight lakh only) are to be identified as EWSs for benefit of reservation. Income shall also include income from a1l sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application.
Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:-

i. 5 acres of agricultural land and above;
ii. Residential flat of 1000 sq.ft. and above;
iii. Residential plot of 100 sq.yards and above in notified municipalities;
iv. Residential plot of 200 sq.yards and above in areas other than the notified municipalities

4.1 The property held by a "Family" in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status.

4.2 The term "Family" means for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.

INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF CERTIFICATE

5.1 The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued by any one of the following authorities in the prescribed format as given in Annexure-I shall only be accepted as proof of candidate’s claim as belonging to EWS :-

(i) District Magistrate/Additional District Magistrate /Collector/ Deputy Commissioner/Additional Deputy Commissioner/ 1st Class Stipendiary Magistrate / Sub-Divisional Magistrates Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner.
(ii) Chief Presidency Magistrate /Additional Chief Presidency Magistrate / Presidency Magistrate
(iii) Revenue Officer not below the rank of Tehsildar and
(iv) Sub-Divisional Officer of the area where the candidate and/ or his family normally resides.

5.2 The officer who issues the certificate would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State / UT.

5.3 The crucial date for submitting Income and Asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise.

5.4 The engaging authorities should in the offer of engagement to the candidates claiming to be belonging to EWS, include the following clause :-

"The engagement is provisional and is subject to the Income and Asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate."

The engaging authority should verify the veracity of the Income and Asset certificate submitted by the candidate through the certificate issuing authority.

5.5 Instructions referred to above should be strictly followed so that it may not be possible for an unscrupulous person to secure employment on the basis of a false claim and if any person gets an engagement on the basis of such false claim, her/his engagement shall be terminated invoking the conditions contained in the offer of engagement

6. EFFECTING RESERVATION - MAINTENANCE OF REGISTERS :

6.1 Directorate vide letter no.19-11/97-ED & TRG dated 27.11.1997 had issued instructions regarding implementation of post based reservation. The general principles for making and operating post based reservation would be as per the principles laid down in the said letter.

6.2 Every Division/Sub Division/ Other Sub Appointing Authorities shall now effect 10% reservation for EWS interpolating them with the SCs, STs and OBCs.

6.3 Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non-availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.

6.4 Persons belonging to EWS selected against the quota for persons with benchmark disabilities shall be placed against the post earmarked for EWS

ADJUSTMENT AGAINST UNRESERVED VACANCIES :

A person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy. Persons belonging to EWS who are selected on the basis of merit and not on account of reservation are not to be counted towards the quota meant for reservation.

		UR	SC	ST	OBC	EWS
No. of Post in the cadre	100	40	16	22	12	10
Actual representation	85	45	12	19	9	-
Excess / Shortfal	15	5	-4	-3	-3	-10
Vacancy to be declared	15	6	2	3	2	2

8. ILLUSTRATION : An illustration of a Circle which is following reservation percentage shown in row no.1is furnished below:-

9. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE CIRCLE :

9.1 Every Circle shall appoint a DPS (HQ) of the Circle as the Grievance Redressal Officer and
Liaison Officer to monitor the implementation of reservation for EWSs.

9.2. Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Circle. The name, designation and contact details of the Grievance Redressal Officer may be displayed prominently on the website and in the office of the Chief PMG.

10. The above scheme of reservation will be effective in respect of all categories of GDS for direct recruitment vacancies to be notified on or after 07.02.2019.

11. Circle may follow these guidelines for filling up of all GDS vacancies on or after 01.02.2019

(S.B.Vyavahare)
Asstt. Director General (GDS/PCC)

Central Government Departments / Ministries - Reservation Policy

Central Government Departments / Ministries - Reservation Policy

Ministry of Personnel, Public Grievances & Pensions
Reservation Policy

13 FEB 2019

As per extant instructions, reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15%, 7.5% and 27% respectively in case of direct recruitment on all India basis by open competition. In case of direct recruitment on all India basis otherwise than by open competition, the percentage fixed is 16.66% for SCs, 7.5% for STs and 25.84% for OBCs.

In case of direct recruitment to Group C posts normally attracting candidates from a locality or a region, the percentage of reservation for SC / ST / OBC is generally fixed on the basis of proportion of their population in the respective States / Union Territories.

With the enactment of 'The Rights of Persons with Disabilities Act, 2016', reservation is also provided to Persons with Benchmark Disabilities against the posts and services of the Central Government at 4% of the total number of vacancies to be filled up by direct recruitment in the cadre strength in each group of posts i.e. Group A, B and C.

As per Ex-servicemen (Re-employment in Central Services and Posts) Rules, 1979, as amended from time to time, 10% of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces; (ii) 10% of the vacancies in Group C posts; and (iii) 20% of the vacancies in Group D posts, to be filled by direct recruitment shall be reserved for ex-servicemen.

The persons belonging to Economically Weaker Sections (EWSs) who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India.

As on	Total	SC	ST	OBC	Others
01.01.2014	2044	484	173	710	677
01.01.2015	4959	899	358	1545	2157
01.01.2016	2452	590	153	721	988

As per available data, total number of employees appointed through direct recruitment, which may also include candidates selected on own merit, in the grade of Safai Karamcharis belonging to SCs, STs and OBCs in Central Government Ministries / Departments including their attached / subordinate offices as on 01.01.2014, 01.01.2015 and 01.01.2016 is given below:-

As per available data, total number together with representation of SCs, STs and OBCs in the grade of Safai Karamcharis as on 01.01.2014, 01.01.2015 and 01.01.2016 is given below:-

As on	Total	SC	ST	OBC	Others
01.01.2014	56584	22343	3996	6460	23785
01.01.2015	47812	20612	2883	5859	18458
01.01.2016	48951	22108	3379	7076	16388

Above data is consolidated in respect of Central Government Ministries / Departments and their attached and subordinate offices spread all over the country. This data is not maintained State-wise.
This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

PIB

Inclusion of Castes in OBC Lists

Ministry of Social Justice & Empowerment

Inclusion of Castes in OBC Lists

Inclusion of castes/communities in the Central List of OBCs is a continuous process. Proposals have been received from various States during the years 2016, 2017 and 2018 for inclusion of castes/communities in the Central List of OBCs. The State-wise and year-wise status is given below. At present, no proposal for inclusion of caste/community from State/UT is pending with the Government.

The National Commission for Backward Classes (NCBC) constituted w.e.f. 15.08.2018 by insertion of new article viz. article 338B in the Constitution, similar to article 338, applicable for National Commission for Scheduled Castes and article 338A applicable for National Commission for Scheduled Tribes, would have the powers and responsibilities that of NCSC for SCs and NCST for STs including power to advice on inclusion in the Central List of OBCs.

No such advice received from erstwhile National Commission for Backward Classes is pending with the Government. The Commission to Examine Sub-categorization of Other Backward Classes is mandated to submit its report by 31.05.2019.

Statement showing State-wise & year-wise status of processing of proposals for inclusion of castes/communities in the Central list of OBCs during the last three years.

State	No. of  Entry	Status
2016
Andhra Pradesh	09	Included in the Central List of OBC
Bihar	02	Included in the Central List of OBC
Jharkhand	05	Included in the Central List of OBC
Jammu & Kashmir	02	Included in the Central List of OBC
Maharashtra	01	Included in the Central List of OBC
Madhya Pradesh	11	Included in the Central List of OBC
Uttarakhand	02	Included in the Central List of OBC
Telangana	86	Included in the Central List of OBC
2017 and 2018
No advice received from erstwhile NCBC on the proposals/requests is pending with the Government.

An 'entry' for this purpose includes caste, its synonyms and sub-castes

This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha today.

Source: PIB

DoPT Order 2019 - Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India

DoPT Order 2019 - Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India

No.36039/1/2019-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
dated the 31st January, 2019

OFFICE MEMORANDUM

Subject: Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India.

In continuation of this Department's Office Memorandum of even number dated 19.01.2019, the following instructions are issued in consultation 'with' Ministry of Social Justice and Empowerment and Department of Legal Affairs regarding reservation for EWSs not covered under the reservation scheme for SCs/STs/OBCs in respect of direct recruitment in civil posts and services in the Government of India.

2. QUANTUM OF RESERVATION
The persons belonging to EWSs who, are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India

3. EXEMPTION FROM RESERVATION:
3.1 "Scientific and Technical" posts which satisfy all the following conditions can be exempted from the purview of the reservation orders by the Ministries/ Departments:

(i) The posts should be in grades above the lowest grade in Group A of the service concerned.
(ii) They should be classified as "scientific or technical" in terms of Cabinet Secretariat [OM No. 85/11/CF-61(1) dated 28.12.1961], according to which scientific and technical posts for which qualifications in the natural sciences or exact sciences or applied sciences or in technology are prescribed and, the
incumbents of which have to use that knowledge in the discharge of their duties.
(iii) The posts should be 'for conducting research' or for organizing, guiding and directing research'.

3.2 Orders of the Minister concerned should be obtained before exempting any posts satisfying the above condition from the purview of the scheme of reservation.

4 CRITERIA OF INCOME & ASSETS:

4.1 Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 800 lakh (Rupees eight lakh only) are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application.
Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:-

i. 5 acres of agricultural land and above;
ii. Residential at of 1000 sq ft. and above;
iii. Residential plot of 100 sq. yards and above in notified municipalities;
iv. Residential, plot of 200 sq. yards and above in areas other than the notified municipalities.

4.2. The property held by a "Family" in different locations or different places/cities would be clubbed while applying the land. or property holding test to determine EWS status.
4.3 The term "Family" for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.

5. INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF CERTIFICATE:

5.1 The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued 'by any one of the following authorities in the prescribed format as given in Annexure-I shall only be accepted as proof of candidate's claim as 'belonging to EWS: -

(i) District Magistrate/Additional District Magistrate/ Collector/ Deputy Commissioner/Additional' Deputy Commissioner/ 1st Class Stipendary Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate! Executive Magistrate/ Extra Assistant Commissioner
(ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate
(iii) Revenue Officer not below the rank of Tehsildar and
(iv) Sub-Divisional Officer or the area where the candidate and/or his family normally resides.

5.2 The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State/UT.

5.3 The crucial date for submitting income and asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise.

5.4 The appointing authorities should, in the offer of appointment to the candidates claiming to be belonging to EWS, include the following clause :-

"The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate."

The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority

5.5 Instructions referred to above should be strictly followed so that it may not be possible for an unscrupulous person to secure employment on the basis of a false claim and if any person gets an appointment on the basis of such false claim, her/his services shall be terminated invoking the conditions contained in the offer of appointment

6. EFFECTING RESERVATION - MAINTENANCE OF ROSTERS:

6.1 Department of Personnel and Training had circulated Office Memorandum No.36012/2/96-Estt(Res) dated July 2, 1997 regarding implementation of post based reservation roster. The general principles for making and operating post based reservation roster would be as per the principles laid down in the said Office
Memorandum.

6.2 Every Government establishment shall now recast group-wise post-based reservation roster register for direct recruitment in accordance with format given in Annexure II, III, IV and V, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. While fixing roster point, if the EWS roster point coincides with the roster points of SCs/STs/OBCs the next available UR roster point has been allotted to the EWSs and also the principle of "squeezing" has been kept in view. While drawing up the rosters, the cadre controlling authorities may similarly "squeeze" the last points of the roster so as to meet prescribed 10% reservation.

6.3 Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.

6.4 Persons belonging to EWS selected against the quota for persons with benchmark disabilities/ex-servicemen shall be placed against the roster points earmarked for EWS.

7. ADJUSTMENT AGAINST UNRESERVED VACANCIES:
A person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy. Persons belonging to EWS who are selected on the basis of merit and not on account of reservation are not to be counted towards the quota meant for reservation.

8. FORTNIGHTLY/ANNUAL REPORTS REGARDING REPRESENTATION OF EWS:
The Ministries/Departments shall send single consolidated fortnightly report including their attached/subordinate offices beginning from 15.2.2019 as per format at Annexure-VI -.
From 01.01.2020, the Ministries/Departments shall upload data on representation of EWSs in respect of posts/services under the Central Government on the URL i.e. www.rrcps.nic.in as on 1st January of every year. All Ministries/Departments have already been provided respective usercode and password with guidelines for operating the URL

9. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT ESTABLISHMENT:

9.1 Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer.

9.2 Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Government establishment. The name, designation and contact details of the Grievance Redressal Officer may be displayed prominently on
the website and in the office of the concerned establishment.

10. LIAISON OFFICER:
Ministries/Departments/Attached and Subordinate Offices shall appoint Liaison Officer to monitor the implementation of reservation for EWSs.

11. The above scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019.

12. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities, under their control. In case of any difficulty with regard to implementation of the provisions of this OM, the concerned authorities may consult DOP&T through their administrative Ministry/Department.

Encl: As above

(G. Srinivasan)
Director
Ph.No.011-23093074

Source: DoPT