Compendium of Instructions issued on reservation for other Backward Classes in Services/Posts ...

69 Pages·2008·2.55 MB·English

PART III
COMPENDIUM OF INSTRUCTIONS ISSUED ON RESERVATION FOR
OTHER BACKWARDCLASSES IN SERVICES/POSTS UNDER
THE GOVERNMENT OF INDIA
Page
1. o.M:. No. 36012/31/90-Estt.(Sen. dated 13-8-90 437
2. OM. No. 36012/31I9O-Estt.(SCl), dated 25-9-91 438
3. OM. No. 36012/2,193-Estt.(SCl), dated 2-2-93 439
4. OM. No. 3602214193-Estt. (SCl), dated 1-6-93 440
5. OM. No. 36012/24/93-Estt. (SCl), dated 7-6-93 441
6. OM. No. 3602214193-Estt. (SCl), dated 25-6-93 442
7. OM. No. 36022/23I93-Estt. (Sen. dated 22-7-93 443
8. OM. No. 36022/13193-Estt. (SCl), dated 30-7-93 444
9. O.M. No. 36012/37193-Estt. (SCl), dated 19-8-93 445
10. OM. No. 36012/37193-Estt. (Sen. dated 19-8-93 446
11. OM. No. 36012122193-Estt.(Sen. dated 8-9-93 447
12. Resolution No. 1201l/68/93-BCC(C). dated 10-9-93on Castes/Communities 453
13. OM. No. 36012/22/93-Estt.(SCl), dated 22-10-93 482
14. Letter No. 36012f22193-Estt.(SCl), dated 15-11-93to Chief Secretaries of StateslUnion Territories 485
15. OM. No. 36012122193-Estt.(SCl), dated 15-11-93 491
16. OM. No. 3fi014/2193-Estt.(SCl), dated 20-12-93 493
17. OM. No. 36012122193-Estt.(Sen. dated 29-12-93 494
18. OM. No. 36012122193-Estt.(SCl), dated 30-12-93 S03
No. 36012/3119O-Estt. (seT)
Government of India
MInJJtry of Penonnel, PubUe Grievances " Pensions
(Department of Personnel " Training)
New Delhi, the 13th August, 1990.
OFFICE MEMORANDUM
Subject:-Recommendations of the Second Backward Oasses Commission (Mandai Report)-Reser~
vation for Socially and Educationally Backward Oasses in services under the Government
of Indi.a.
In a multiple undulating society like ours, early achievement of the objective of social justice as
enshrined in the Constitution is a must. The Second Backward Classes Commission called the MandaI
Commssion was established by the then Govemment with this purpose in view, which submitted its
report ~:l.the Government of India on 31.12.1980.
2..Govemment have carefully considered the report and the recommendations of the Commission
in the present context regarding the benefits to be extended to the socially and educationally
backward classes as opined by the Commission and are of the clear view that at the outset certain
weightage has to be provided to such classes in the services of the Union and their Public
Undertakings. Accordingly orders are issued as follows:-
(i) 27% of the vacancies in civil posts and services under the Government of India shall be
reserved for SEBC.
(ii) The aforesaid reservation shall apply to vacancies to be filled by direct recruitment. Detailed
instructions relating to the procedure to be followed fOl:enforcing reservation will be issued
separately.
(iii) Candidates belonging to SEBC recruited on the basis of merit in an open competition on the
same standards prescribed for the general candidates shall not be adjusted against tl\e
reservation quota of 27%.
(iv) The SEBe would comprise in the first phase the castes and communities which are common
to both the list in the report of the Mandai Comission and the State Governments' lists. A list
of such castes/communities is being issued separately.
(v) The aforesaid reservation shall take effect from 7.8.1990. However, this will not apply to
vacancies where the recruitment process has already been initiated prior to the issue of these
orders.
3. Siuular instructions in respect of public sector underta1cings and financial institutions including
public sectOr banks will be issued by the Department of Public Enterprises and Ministry of Finance
respectively. .
(Smt. Krishna Singh)
Joint Secretary to the Govt. of India.
To
All MinistricslDepartments of Govt. of India
Copy to
1. Department of Public Enterprises, New Delhi. It is requested that similar
2. Ministry of Finance (Banking &. Insurance Divisions) New instructions may be issued in
respect of public sector
Delhi.
undertakings, public sector
banks and insurance corpora-
tions,
No. 3601213l19O-Estt. (SCT)
Govemment of India
Ministry .of Penonnel, Public Grievances & Pensions
(Department of Personnel & Training)
New DeIhl, the 25th September, 1991.
OFFICE MEMORANDUM
, ,
Subject:-Recommendations of the Second Backward Classes Commission (M~ndal Report)-Iteser-
vation for Socially and Educationally Backward Classes in services under the Government
of India.
The undersigned is dir~cted to invite the attention to O.M. of even number datcd the 13th AugUst,
1990, on the above mentioned subject and to say that in order to enable the poorer sec:tions of the
SEBCs to receive the benefits of reservation on a preferential basis and to provide reservation for
other economically backward sections of.the people not covered by any of the existing sc1\emes of
reservation, Government have decided to amend the said Memorandum with immediate effect as
follows:-
2. (i) Within the 27% of the vacancies in civil posts and services under· the Government of India
reserved far SEBCs, preference shall be given to candidates belonging to the poorer sections
of the SEBCs. In case sufficient number of such candidates are not available, unfilled
vacancies shall be filled by the other SEBC candidates.
(ii) 10% of the vacancies in'Civil posts and services under the Government of India, shall be
reserved for other economically backward sections of the people who are not covered by any
of the existing schemes of reservations. .
(in) The criteria ior determining the poorer' sections of the SEBCs or the oth~r economically
backward sections of the people who are not covered by any of the existing schemes of
reservations are being issued separately. !
3. The O.M. of even number dated the 13th August, 1990, shall be deemed to have been amendcd
to the extent specified above.
SdI-
(A.~. HARIT)
DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA
No. 36012/2/93-Estt. (SCT)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Deptt. of Personnel & Training)
New Delhi, dated the 2-2-93.
OFFICE MEMORANDUM
Subject:-Writ petition (Civil) No. 930 of 199~Supreme Court judgement of 16-11-92 relating to reser-
vations for Socially and Educationally Backward Classes (SEBCs) etc.
The undersigned is directed to say that the Supreme Court delivered its judgement on 16-11-92 in writ
petition filed by Smt Indira Sawhney and others against this Department's O. M. dated 13-8-90and 25-9-91pro-
viding for reservation in civil posts and services under the Govt. of India in favour .of SEBC and other
Economically Weaker Sections. In this judgement the Supreme Court has directed all concerned authorities,
High Courts and Central/State Administrative Tribunals that any petition or proceedings questioning the
validity, operalion or implementation of the two impunged memoranda or any grounds whatsoever, shall be
filed or instituted ONLY before the Supfeme Court and not before any High Court or other Court or Tribunal.
This is brought to the Notice of all MinistrieslDepartments of the Govt. of India.
(M. VENKATARAMAN)
Under Secretary to the Govt. of India
All Ministries/Departments of the Govt. of India.
Copy to:
1. EO and AS/JS (S) JS (E)/JS (Trg.)/JS (V)/JS (CS).
2 Dir. (AT) for information and necessary action in regard to Central Administrative Tribunals.
3. M/Welfare, New Delhi with reference to their O. M. No. l2011/35/92-BCC (C), dated 28-12-92.
(M. VENKATARAMAN)
Under Secretary to the Govt. of India
No. 36022/4/93-Estt. (SCn
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, dated the 1-6-93
OFFICE MEMORANDUM
Subject :-Parliamentary Committee on the Welfare of Se/ST-Recommendations contained in
para 2.30
The Parliamentary Committee on the Welfare of SC/ST has observed in their 24th Report that in certain
Departments, public sector undertakings etc. initially appointments are made on ad hoc basis followed by
regular appointments. Consequently, posts reserved for SC/ST in regular appointments are not filled up. The
Committee has, therefore, recommended that there should be reservation in ad hoc appointments also.
2. There are no instructions to the effect that reservations are not applicable in the case of ad hoc
appointments. In accordance with the instructions contained in M. H..A.'s O. M. No. 31/10/63-SCT (I) dated 27-
3-63and this Department's O. M. No. 36011/12/82-Estl (SCn dated 25-6-82, a separate roster should be main-
tained for purely temporary appointments of 45 days or more but which have no chance whatever of becoming
permanent or continuing indefinitely. Reservation do not apply to temporary appointments of less than
45 days only.
3. It is, therefore, brought to the notice of all Ministries/Departments that whenever ad hoc appointments of
more than 45 days dPration are made, reservation should be provided to SC/ST in accordance with the pres-
cribed percentages. A separate roster should be maintained by the appointing authorities in this regard as
already indicated in O. M.'s dated 27-3-63 and 25-6-82.
(M. VENKATARA.."IAN)
Under Secretary to the Govt. of India
No. 36011/24/93-Estt. (seT)
Govemmeut .of India
Ministry of Personnel. Public Grievances & Pensions
(Deptt. of Personnel & Training)
New Delhi. the 7th June 93
OFFICE MEMORANDUM
It has been brought to the notice of this Department that vacancies reserved for SC/ST are being filled by
the appointing authorities by transfer of general category candidates by relaxation of the recruitment rules
instead of fJ1ling them 'by the prescribed methods of recruitment. In accordance with the provisions of this
Department's O. M. No. 36012/6/88-Estt. (SCT) dated 25-4-89,there is a banondereservation of reserved vacan-
cies to be fJ1ledby direct recruitment Vacancies reserved for SC/ST and failing in the direct recruitment quota
cannot. therefore, be filled by general category candidates even by relaxation of the rules. Where a reserved
vacancy is to be fJJ.ledand the recruitment rules do not provide for transfer as a mode of recruitment, it must be
filled bya SC/ST cundidate even when it is done by transfer by relaxation of the recruitment rules. Filling up of
such reserved vacancies by general category candidates by resorting to the method of transfer is not
permissible.
2 The Ministries/Departments are requested to bring the above said instructions to the notice of all con-
cerned for strict compliance.
(M. VENKATARAMAN)
Under Secretary to the Government of India.
No. 3602214/93.Estt.(SCT)
Government of India
Ministry of Personnel, Public Griev•••ces & PensiQns
(Deptt. of .Personnel & Training)
New Delbi, the 25th June 1993.
OFFICE MEMORANDUM
Subject :-Parliamentary Committee on the Welfare of SC/ST recomendation contained in
para 2.30.
The Parliamentary Committee on the Welfare of SC/ST has observed in their 24th Report that in certain
Deparment's public sector undertakings etc. initially appointments are made on ad hocbasis followed by regular
appointments. Consequently, posts reserved for SC/ST.in regular appointments are not filled up. The Committee
has, therefore, recommended that there should be, reservation in ad hoc appointments also.
2. There are no instructions to the effect that reservations are not applicable in the case of ad hoc
en
.appointments. In accordance with the instructions contained in MHA's o. M. No. 31/10/63·SCT dated
27-3-63 and this Department's O. M. 36011/12/82-Estt {SCT) dated 25-6-82, a separate roster should be main-
tained for purely temporary appointments of 45 days otmore but which have no chance whatever of becoming
permanent or continuing indefinitely. Reservation do not apply to temporary appointments of less than
45 days onl}:.
3. It is, therefore, brought to the notice of all MinistrieslDepartments that whenever ad hoc appointments
of more than 45 days duration are made, reservation should be provided to SC/ST in accordance with the pres-
cribed percentages. A separate roster should be maintained by the appointing authorities in this regard as
already indicated in O. M.'s dated 27-3-63 and 25-6-82.
(M. VENKATARAMAN)
Under Secretary to the Government of India.
No. 36022/23/93-Estt;(Scn
Government of India
Ministry of Personnel, Public: Grlennces & Pensions
(De"ptt. of Personnel· & Traning)
Ne'" Delhi, the 22nd July 1993
OFFICE MEMORANDUM
Subject :-SC/ST candidates who are given pre-recruitment and in-service traning-Recommendations of
the Parliamentary Committee on SC/ST.
The parliamentary Committee on the Welfare of SC/ST have recommended in their 24th Report that up-to-
date information relating to SC/ST who are given pre-recruitment and in-service training should be maintained
so that the same would be made available to the Committee as and when required. The Ministries/Departments
are therefore requested to furnish to this Department before end of February every year information on
the following:
(i) Sl. Np.
0.
(ii) Name of the SC/ST candidate.
(iii) Whether he belongs to SC or ST.
(iv) Whether given pre-recruitment training.
(v) :Whether given in-service training.
(vi) if so, the period of training and the place where the training was given.
(vii) Remarks, if any.
(M. VENKATARAMAN)
Under Secretary to the Government of India
No. 36022/13/93·Estt. (SeT)
Government of India
Ministry of Personnel" Public Grievances & Pensions
(Deptt. of Personnel & Training)
New Delhi,. the 30th .July 1993
OFFICE MEMORANDUM
Subject:-Maintenance of statistics relating to SC/ST persons-Recommendation of the Parliamentary
Committee on the Welfare of SC/ST.
The undersigned is directed to say that the Parliamentary Committee on the Welfare of SC/ST have
observed in para 5.10of the 24th Report that the information in respect of staff strength vis-a~visshortage of staff
forall the category of posts in respect of certain MinistrieslDepartments such as University services, judicial ser-
vices, organised private sector had not been supplied due to non-availability of the requisite information. The
Committee has recommended that the MinistrieslDepartments should ensure that up-to-date record of statistical
figuresreiating to SC/ST employees should be maintained by the MinistrieslDepartments so that the same
could be made available to the Committee as and when required. The Committee has also recommended that
all necessary action should be taken against the MinistrieslDepartments which fail to supply the requisite infor-
mation in this regard.
2 It is, therefore, requested that the statistical information relating to the SC/ST employees in respect of
various offices/organisations under the control of the MinistrieslDepartments may be maintained and furnished
to the Parliamentary Committee on the Welfare of SC/ST as and when required.
(M. VENKATARAMAN)
Under Secretary to the Govemment of India