Dr.%20H.S.%20Rana%20Additional%20Director

1
Dr. H.S. RanaAdditional Director

• National Institute
• of
• Public Adminisration
• 701, Barton Centre
• M.G. Road,
• Bangalore
• PIN 560 001
• E-mail hsrana1_at_gmail.com

2
Doctrine of SC/ST

• - An SC must be a Hindu or a Sikh or a Baudh /
  Neo Baudh.
• - An ST may be from any religion.
• ARTICLES1516 (4) (a) (b)46338
• 341
• 342
• 67
• 335
• Proviso

3
SAFE GUARDS

• 1. Social, Educational, Cultural,
• 2. Religious
• 3. Economic
• 4. Political
• 5. Safe Guard for Employment

4
SCHEDULED CASTES

• They are spread all over the Country and are
  below the poverty line. Apart from being
  socially, Educationally and Economically backward
  they suffer from the additional disability of
  untouchability. SCs were notified for the first
  time under the Govt. of India Act, 1935 vide GOI
  (SC) order 1936 Earlier, they were depressed
  classes

5
SCHEDULED TRIBES

• They live in inaccessible hilly and remote areas
  and are cut off from the mainstream. They were
  specified for the first time after Independence
  only.
• Main Characteristics which are common to all STs,
  are
• 1. Tribal origin
• 2. Primitive way of life
• 3. Habitation in remote and less easily
  accessible areas
• 4. Generally backward
• 5. Traditional occupation

6
HISTORICAL BACKGROUND AND CONSTITUTIONAL
SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED
TRIBES

• YEAR
  POPULATION

SC ST Total
1951 15.3 6.3 21.55
1961 14.67 6.8 21.47
1971 14.80 6.94 21.74
1981 15.47 7.85 21.74
1991 16.33 8.01 24.34
2001 16.20 8.20 24.40
7
HISTORICAL BACKGROUND AND CONSTITUTIONAL
SAFEGUARDS FOR SCHEDULED CASTES AND SCHEDULED
TRIBES

• Amount 25 which constitutes the poorest section
  of the population and also Socially,
  Educationally and Economically backward.

8

YEAR IMPORTANCE
1901 27.4 Population DC
1909 Minto - Morley Reforms
1928 Simon Commission
1931 Huttons Census
1932 Second Round Table Conference at London Separate Electorate Communal Award Poona Pact
1934 Open competition No success
1935 Government of India Notification
9
YEAR IMPORTANCE
1936 SC - 1935 Rest - BT
1937 Congress Governments
1938 Removal of Civil Disabilities of Malabar Entry of Temple act
1942 Review
1943 Res. 8.33 Population 12.72 No Fee - - Age 3 Years
1946 12.50 Reservation
1947 16.66 In Direct Recruitment. Assam,Bihar,Madhya Pradesh,Orissa Special Provision
1949 Scheduled Tribes Census
1950 Ad hoc 5 Res. for ST
1957 First order regarding Reservation in promotion was issued
1961 15 SC and 7.50 ST rationalized
10
YEAR IMPORTANCE
1967 Yardi Committee on Reservation
1968 Parliamentary Committee on welfare of SC/ST
1978 Reservation in Promotion in Banks
1989 De-Reservation in DR banned w.e.f. 01.04.1989 ( 25.04.1989)
1990 Benefits of Reservation to Buddhists
1990 National Commission for SC/ST was setup
1992 50 ceiling in reservation by Supreme Court Still in Vogue
1993 OBC orders were implemented (08.09.1993)
1997 Post based Rosters for Reservation (02.07.1997)
11
IMPORTANT DATES

• CATEGORY EFFECTIVE DATE
• OF RESERVATION
• SC 21-09-1947 (DR)
• ST 13-09-1950 (DR)
• SC/ST 1957 (PR)
• DIVRSION OF RESERVED
• POSTS PR TO DR
  10-07-1990
• OBC 08-09-1993 (DR)
• SC/ST/OBC 02-07-1997 (PBR)
• REVISED GUIDELINES
• FOR PROMOTION 08-02-2002
• NO EXCHANGE 06-11-2003
• NEW CREAMY LAYER 04-02-2004
• NATIONAL
• COMMISSION FOR STs 19-02-2004
• NEW AGE FOR
• LOCAL RECRUITMENT 05-07-2005
• PWD ROSTER IN
• NEW FORMAT 29-12-2005

12

MOTION OF PROMOTION MOTION OF PROMOTION
YEAR IMPORTANCE
1950 ARTICLE 16(4) EMPOWERED THE STATE TO PROVIDE FOR RESERVATION IN APPOINTMENTS (DR) AGE 15 SC 7.5 ST -      EXCLUDING DEFENCE AND JUDICIAL SERVICES. -       AGE OF PROMOTION 15 SC, 7.5 ST 22.5 UPTO ENTRY LEVEL OF GROUP A ( L R) ALONGWITH RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION
1957 LTD DEPTT. COM. EXAM.
13

1962 RANGACHARI V/s RAILWAYS MADRAS HIGH COURT 16 (4) DR - INVALID. SUPREME COURT REVERSED
1971 HIRALAL V/s STATE OF PUNJAB HIGH COURT TURNED DOWN SUPREME COURT AGAIN UPHELD
1981 AKHIL BHARATIYA SHOSHIT KARMACHARI V/s UNION OF INDIA CHALLANGED RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION SUPREME COURT UP-HELD RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION.
14
1986 JAGANNATHAN Vs AUDITOR GENERAL OF INDIA SUPREME COURT ESTABLISHED RESERVATION IN DR PROMOTIONS ARTICLE 16(4)
1992 INDIRA SAWHNEY V/s UNION OF INDIA (MANDAL COMMISSION) LARGER BENCH OF SUPREME COURT DECIDED 16 (4) NDID NOT PROVIDE RES. FOR PROMOTION W/o LOWERING LEVEL OF EVALUATION
ARTICLE 335 EFFICIENCEY OF ADMINISTRATION 15.11.1997
15
1996 VINOD KUMAR V/s UNION OF INDIA. UPTO 15.11.1997 WITH ADDITIONAL TRAINING OR CR YES LOWERING LEVEL OF EVALUATION NO
77th AMENDMENT (1995) RELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION
1997 22.07.1997 AND 13.08.1997 RELAXATIONS, CONCESSIONS, SPTE STD OF EVALUATION WITHDRAWN. PROMOTION POLICY TO CONTINUE BEYOND 16.11.1997 W/o WITHDRAWING OM DT. 22.07.1997
16

LATEST RESERVATION IN PROMOTION YES RELAXATIONS, CONCESSIONS, LOWERING LEVEL OF EVALUATION NOW
17

• MERIT ( DR PR )
• RELAXATIONS O.M. DATED
• - Age Limit 22-05-1989
• - Experience 02-07-1997
• - Qualification 01-07-1998
• - Permitted number of
• Chances in WT 11-07-2002
• EZOC 31-01-2005
• METHOD NON SEELCTION
• (SENIORITY)
• GROUPWISE A YES / CF / TY
• (15 SC - B YES / CF / TY
• 7.5 ST) C YES / CF / TY
• D YES / CF / TY

18

METHOD SELECTION GROUPWISE A UPTO
LR/NOCF/SY (15 SC - B YES/NOCF/SY 7.5
ST) C YES / CF / TY D YES / CF/ TY TIME
BOUND YES. BUT. ELEMENT OF DR EXCEEDS 75 NO
RES. SINGLE VACANCY RES P UR C/F TY
19
ZONE OF CONSIDERATION

No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST
1 5 5
2 8 10
3 10 15
4 12 20
5 14 25
20
No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST
6 16 30
7 18 35
8 20 40
9 22 45
10 24 50
11 24 55
12 24 60
13 24 65
21
No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST
14 24 70
15 26 75
16 27 80
17 29 85
18 30 90
19 32 95
20 33 100
30 48 150
22
No. of vacancies Normal size of Zone of Consideration Extended Zone of Consideration for SC/ST
40 63 200
50 78 250
60 93 300
70 108 350
80 123 400
90 138 450
100 153 500
23
SAFEGUARDS AGAINST SUPERSESSION OF SCHEDULED
CASTES AND SCHEDULED TRIBES IN PROMOTION

• (1) In promotion to Group A and within Group
  A and to Group B and within Group B, the
  cases should be submitted to the Board of
  Directors for its approval.
•  
• (2) In promotion to and in Group C D, the
  cases should be submitted to the Managing
  Director, for approval

24
ALLOTMENT OF QUARTERS

• 60 Point Roster

CATEGORY SC/ST ( 2 1 )
A B Type SC 10,20,40,50 ST 30,60
C D Type SC 20,40 ST 60
25
MIGRATION

• Within the State YES
• Out of State NO
• MARRIAGE
• Does not change the Status
• Conversion And Re-conversion YES
• ADOPTIONS
• 15 Years, Residing, Customs, Approval DC

26
OBCS

• Only in Direct Recruitment 27 with Exclusion
  to Creamy Layer.
• (Exclusion no to apply to persons working as
  artisans or engaged in hereditary occupations,
  callings.)
•  
• OBCs reservation applied to all groups of Posts
  A/B/C/D.
• Effective date of reservation for OBCs is
  8-9-1993.
•  
• No reservation in Promotions for OBCs.

27
Relaxation for OBCs

• Relaxed standards may be provided to OBC
  candidates as in case of SC/ST candidates in
  written examinations and interviews in order to
  fulfill the quota earmarked to OBCs.
• (1)        The upper age limit prescribed for
  Direct Recruitment shall be relaxed by 3 years in
  respect of OBCs. 
• (2)        No De-reservation and all those
  vacancies reserved for OBCs should be C/F for 3
  years or till the vacancies be filled, whichever
  is earlier.

28
PERSONS WITH DISABILITIES(PWDs)3 VH 1 HH
1 OH 1

• VH
• (1)    Total absence of sight.
• (2)    Visual acuity not exceeding 6/60 or
  20/200 (Snellen) in the better eye with
  correcting lenses
• (3)    Limitation of the field of vision
  subtending an angle of 20 degrees nor worse.

29
PERSONS WITH DISABILITIES(PWDs)3 VH 1 HH
1 OH 1

• HH
• The Hearing Impaired are those in whom the sense
  of hearing is non-functional for ordinary
  purposes of life. Those who do not hear,
  understand sounds at all with amplified speech
  and those having hearing loss more than 90
  decibels in the better ear or total loss of
  hearing in both ears.
• OH
• 40 PPD. (permanent partial disability)
• Reservation in all Four Categories for DR.
• In Promotions C D Categories only

30
DEFINITION OF EX-SERVICEMAN

• The ex-serviceman (Re-employment in Central Civil
  Services and Posts) Rules, 1979 as modified by
  the Gazette Notification dated 27th Oct. 1986,
  defines ex-serviceman as a person who has served
  in any rank whether as a combatant or
  non-combatant in the Regular Army, Navy and air
  force of the Indian Union and

31
DEFINITION OF EX-SERVICEMAN

• (i) who retired from such service after earning
  his/her pension or
• (ii) Who has been released from such service on
  medical grounds attributable to military service
  or circumstances beyond his control and awarded
  medical or other disability pension or
• (iii) Who has been released, otherwise than on
  his own request, from such service as a result of
  reduction in establishment or

32
DEFINITION OF EX-SERVICEMAN

• (iv)Who has been released from such service after
  completing the specific period of engagements,
  otherwise than at his own request or by way of
  dismissal or discharge on account of misconduct
  or inefficiency, and has been given a grapery
  and includes personnel of the Territorial Army of
  the following categories, namely
• (i)  pension holders for continuous embodied
  service
• (ii) persons with disability attributable to
  military service
• (iii)gallantry award winners

33
DEFINITION OF EX-SERVICEMAN

• As per clarification issued in the
  Notification No. 36034/5/85-Estt.(SCT) dated
  27.03.1987 any person who has been released up to
  30th June, 1987
• (a) at his own request after completing 5
  years service in the Armed Forces of the Union
  or
• (b) after serving for a continuous period of six
  months after attestation, otherwise at his own
  request or by way of dismissal or discharge on
  account of mis-conduct or inefficiency or has
  been transferred to the reserve pending such
  release
• shall also deemed to be an ex-serviceman.

34
OPERATIVES FOR MAINTENANCE OF POST BASED
ROSTERS

• 1. Dates
• Reservation for SC/St from the date of
  Inception/receipt of Government orders.
• Reservation for OBC with effect from 08-09-1993
• Post-based Rosters with effect from 02-07-1997
• Plotting of appointments / Promotions as on
  02-07-1997
• (Only persons in positions to be plotted
  chronologically. Persons retired, Promoted, died,
  etc are not to be included)

35
2.2 Percentage (Promotion)
Category SC ST PWD
A 15 7.5 -
B 15 7.5 -
C 15 7.5 3
D 15 7.5 3
36
OPERATIVES FOR MAINTENANCE OF POST BASED
ROSTERS

• 2.3 Reservation of each of the reserved category
  should at NO POINT OF TIME exceed the prescribed
  share.

37
3. DefinitionCategories of Classes
A or Class I Scale of Pay Rs. 8,000-13,500 and above (CDA)
B or Class II Rs. 6,500-10,500 and 5,500-9000
C or Class III Rs. 4,000 and above but less than Rs. 9,000/-
D or Class IV Less than Rs. 4,000/-
D(s) or Class IV Less than Rs. 4,000/-
D(s) Means Chowkidar /Farash /Waterman /Safai wala
38
In Banks-Officer Cadre, Clerical Cadre and
sub-staff cadre only.

• Cadre No. of Posts in a particular
• Grade
• Post Appointment, Job, Office or
• Employment
• Appointment Direct Recruitment or
• Promotion or Deputation or
• Transfer or Contract
• Vacancy Unoccupied post or office

39

• Position To which a person is
• Appointed
• Reserved Post Earmarked for a reserved
• Category
• Unreserved PostNot earmarked for reserved
• Category (single vacancy in a
• Year becomes unreserved)
• De-reserved PostOwing to non-availability of
• Reserved candidate, vacancy
• is de-reserved
  (Banned in DR)
• Carry Forward De-reserved vacancies are
• carried forward to 3 years for Filling up
  later in DR-and promotion by Non-selection

40

• Back log Shortfall Shortfall of a particular
  
• Shortfall reserved category in a Cadre means
  the difference between the total numbers of
  Posts reserved for that Category as per the post
  based reservation roster in that cadre and the
  number of persons belonging to that category who
  are holding the posts in the cadre.
• Backlog reserved vacancies are the vacancies,
  which were earmarked reserved in an earlier
  recruitment year but remained unfilled in the
  previous recruitment year due to non-availability
  of suitable candidates belonging to that category
  and are still lying unfilled.

41

• Replacement Vacancy should be filled up by the
  earmarked category only, on completion of quota
  only.
• Grouping Isolated posts to be grouped with
  main groups (Earlier 20, Now 13)

42
ROSTER (MAIN)
Category/ Class Mode Post
A / I All India Basis by open competition No. of posts (200 points)
B/ II All India Basis by open competition No. of posts (200 points)
A / I All India Basis otherwise than by open competition No. of posts (120 points)
B / II All India Basis otherwise than by open competition No. of posts (120 points)
43
Promotion
Category/ Class
A / I 200 points for Main Roster and 13 points for Mini Roster
B / II 200 points for Main Roster and 13 points for Mini Roster
C / III 200 points for Main Roster and 13 points for Mini Roster
D / IV 200 points for Main Roster and 13 points for Mini Roster
D(s) / IV 200 points for Main Roster and 13 points for Mini Roster
44
Roster (Mini)

• Horizontal Roster for 13 or lesser posts based
  on 200 or 120 posts. Please see the Difference
  between points No. 13 of mini Roster of open
  competition and otherwise than by open
  Competition.
•  
• Roster can be contracted or extended in
  future.

45

Category/ Class Mode Post
C/III Direct Recruitment on local basis (100 Points)
D/IV Direct Recruitment on local basis (100 Points)
D(s)/IV Direct Recruitment on local basis (100 Points)
Reserved points for Main and Mini Rosters are calculated based on state-wise reservation. Reserved points for Main and Mini Rosters are calculated based on state-wise reservation. Reserved points for Main and Mini Rosters are calculated based on state-wise reservation.
46
2. Percentage (Recruitments)
Category Mode Direct Recruitment on All India Basis SC ST OBC PWD X.Man
A By open competition 15 7.5_at_ 27 3(x) -
B By open competition 15 7.5_at_ 27 3(x) -
A Otherwise than by Competition 16.66 7.5_at_ 25.84_at_ 3(x) -
B Otherwise than by competition 16.66 7.5_at_ 25.84_at_ 3(x) -
Cont.. Cont.. Cont.. Cont.. Cont.. Cont..
47
2. Percentage (Recruitments)
Category Mode Direct Recruitment on All India Basis SC ST OBC PWD X.Man
C Local Recruitment As per Regional Percentage - - - 3(x) 14.5(x)
D Local Recruitment as per Regional Percentage  -  -  - 3(x) 24.5(x)
D(s) Local Recruitment as per Regional Percentage -  -  -  3(x) 24.5(x)
(X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off. (X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off. (X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off. (X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off. (X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off. (X) Vertical reservation becomes horizontal reservation (interlocking PWD X-man will be accommodated as per their castes). _at_ Never venture to round it off.
48
Re-Casting the Rosters

• Ensure that reservation should in no case exceed
  50 of the cadre strength
• Separate Rosters for Direct Recruitments and
  Promotions.
•  
• Single Vacancy concept year-wise.
•  
• For 50 ceiling, year is a unit.

49
EARMARKING

• The No.of points in each Roster shall be Equal
  to the no.of posts in a cadre. Multiply each
  post by the prescribed percentage of Reservation
  for the different reserved categories and when
  the Multiple for a community obtains a complete
  number or oversteps, the number is to be
  earmarked for that Community. If 2 communities
  share one point, the community who has been
  awarded reservation immediate earlier, should be
  skipped off.
•  

50
EARMARKING

• SC /ST senior most official in a cadre
  considered fit for Promotion On seniority-cum
  fitness basis will be promoted despite excess
  representation and would be shown as reserved for
  SC/ST and would be adjusted in future.
•  
• 50 Ceiling Merit SC / ST / OBC candidates
• would be excluded in DR and
• PR

51
EARMARKING

• - Separate Rosters for selection and
  non-selection posts.
• - Reservation age is different in DR and
  promotion. In a cadre total will be taken 50
• -  Backlog of SC/ST/OBC is to be determined a
  fresh.
• - PWD Ex. Man Vertical Horizontal
  Interlocking.
• -  No Roster for ad-hoc appointments

52
EARMARKING

• - No Roster for adhoc promotion
• - No Roster for time bound promotion (Relaxation
  to SC/ST up to the extent of short fall)
• - No Roster for promotion by selection, in the
  posts of above the lowest rung of group A
• - No entry for transfers or deputations.
  However, on absorption take them in to DR.
• - New post-based Rosters are written on
  replacement bases and not on running accounts
  basis.

53
EARMARKING

• - Squeezing as per your requirement without
  violating 50 ceiling.
• - SC/ST/OBC appointed on merit but with
  relaxation of age, experience or qualification
  will be adjusted Against reserved points but
  without these relaxations, they will be adjusted
  against UR points.
• - Surplus / excess to be adjusted in future
  recruitments.
• - Tally to be made as on 02.07.1997 initially and
  thereafter, every year on 31st December. In case
  of combined cadres, number of recruitments and
  number of Promotions should be taken into account
  to know the total representation.

54
6. Important Operatives

• - Effective date if 02.07.1997. Vacancy-based
  Roster should be closed. Back-log or excess will
  be calculated as on 02.07.1997. Earlier back-log
  or excess has got no meaning now.
•  
• - Grouping in DR is possible. Isolated posts can
  be clubbed with regular cadre, based on similar
  scale / Qualification / Nature of work/category.
  However, no clubbing in Promotion and D(s) posts
  in DR is allowed.

55

• - Excess No.of SCST/OBC will be adjusted in
  future. OBC recruitments will be calculated from
  08.09.1993. Earlier appointments are to be
  ignored.
• - No Roster for promotional posts where element
  of DR exceeds 75.
• - No Roster for Transfers/deputations.
• No Roster for daily rated staff.
• - No Roster for appointment made for less then 45
  days.

56

• Rosters should be prepared with pencil initially.
  These may be got written in good hand writing in
  hard bound/leather bound Register in the
  prescribed format.
•  
• Hard bound cover page of Recruitment Roster may
  be green and cover of promotion Roster may be
  red.

57

• - A label should be affixed on all the cover
  pages, which may contain
•  
•   Name of Organization
• Recruitment / Promotion Roster
• Class / Category
• Posts
•  
• - The first Page ( inside ) of the Roster may
  carry this certificate
•  

58
CERTIFICATE

• Certified that this Recruitment / Promotion  
• Roster contains Pages ___________ from 01 to
•  ________ and it has come into existence with
•  effect from ____________________________
•  
• Place Signature
• Date Name
•  
• Designation / Seal
• Preferably of appointing authority or of
  authorized person. The second page (inside) may
  contain following information

59
A-INDEX

• SL.NO. POST PAGE
• _______________________________________
•  B- Post clubbed ( if any )
•  C- Percentage SC ST OBC PWD X-Man
•   
• All the headings in all the Registers (Rosters)
  should be got printed bilingually.
•  
• Appointing authority / Authorized person should
  initial all the entries with dates.
•  

60
R.P RES NAME DATE SC/ ST/ OBC/UR UTILIZED BY SC/ ST/ OBC/UR ()/ (-)/ -
07 SC A 01-04-1999 SC SC -
SC SC-M/UR SC(-1)
ST ST SC(-1), ST(1)
ST ST-M/UR SC(-1)
61
R.P RES NAME DATE SC/ ST/ OBC/UR UTILIZED BY SC/ ST/ OBC/UR ()/ (-)/ -
07 SC A 01-04-1999 OBC OBC SC(-1) OBC(1)
OBC OBC-M/UR SC(-1)
UR UR SC(-1)
KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU. KNOW RESERVATION NO RESERVATIONS THANK YOU.
62

THANK YOU