Reservations in Recruitments and Promotions, EWS, Horizontal Reservation, Vertical Reservation, PwBD, L-Shape Roster, Sports/Cultural/Scouts & Guides
1.
Articles 16 (4), 335, 341 and 342
of the Constitution of India provide for reservations in services in favor of
SC, ST and other Socially and Economically backward classes.
2.
Article 16 (6) was inserted in the
constitution through 103 amendment for providing reservation in favor of
economically weaker sections (RBE 19/2019 w.e.f. 01.02.2019) w.e.f 14.01.2019.
3.
Article 16 (4A) provides for
reservation in the matter of promotions in favor of SC & STs.
4.
SC, ST, OBC and EWS
reservation is provided in recruitment to Group-A,B & C posts.
5.
In promotions reservation is
provided for SC & ST only.
6.
The overall reservation should not
exceed 50% both in recruitments and promotions.
7.
OBCs who are Creamy Layers ( i.e.
whose family annual income is more than Rs 8 Lakhs) are not eligible for the
benefit of OBC reservation.
8.
SC must be either Hindu or Sikh or
Buddhist religion only.
9.
ST can be of any religion.
10.
Production of SC/ST/OBC caste
certificate from the competent authority is a must to avail the benefit of
reservations.
11.
Suitable departmental and criminal
action will be taken for submission of fake certificates.
12.
The verification of SC/ST
certificates should be verified within three months from the date of
appointment.
13.
In recruitment reservation for
SC/ST/OBC is 15%, 7.5% and 27% respectively .
14.
In promotions reservation for
15% for SC and 7.5% respectively. No reservation for OBC in promotions.
15.
10% of UR vacancies are reserved
for Economically Weaker Section (EWS) candidates in recruitments. The
candidates who are not covered under the existing scheme of reservations for
SC,ST & OBC and whose family’s gross annual income is below 8 Lakh rupees
come under EWS category. EWS status certificate should be from an Officer not below
the rank of Tahsildar of the State Govt and Union Territory.
16.
4.5% of OBC vacancies are to be
filled by Minorities. To avail the benefit of reservation, the person should be
belonging to Minority Community as defined in Section 2(C) of the National
Commission for Minorities Act 1992 and his caste/community should have been
included in the notified list of OBCs.
17.
Quantum of reservation in Direct
Recruitment:
a.
By open competition: SC 15%,
ST 7.5%, OBC 27 including 4.5% for Minorities &, EWS 10%
b.
Other than open competition: SC
16.66%, ST 7.5%, OBC 25.84% & EWS 10%
18.
Quantum of reservation in
Promotions:
A |
By selection with in Group B,C,D |
SC 15%, ST 7.5%, OBC NIL EWS NIL |
B |
By selection from Group-B to Group-A |
|
C |
By non-selection( seniority-cum-suitability) |
19.
Reservation is post based. Not on
vacancy bases.
Example for Post Based
Reservation:
Sanctioned posts = 100
Reservation for SC = 100 x 15% =
15
Reservation for ST = 100 x 7.5% =
7.5 ( ie 8 )
Reservation for OBC = 100 x 27%
= 27
Total reservation = 50 (15+8+27)
Un-reserved posts = 50
Available SC employees on roll =
10
Available ST employees on roll = 5
Available OBC employees on roll =
20
Available UR = 40
Total available on roll = 75
(10+5+20+40)
Vacancies = 25 (100-75)
SC requirement = 15 -10
= 5
ST requirement =
8- 5 = 3
OBC requirement = 27-20 = 7
UR requirement = 50
-40 = 10
Category wise requirement =
5+3+7+10 = 25
Note: Un-reserved vacancies means ‘
No reservation’ for these posts. They are filled on merit or on seniority.
Anybody ie SC / ST /OBC / UR who is in merit or in senior can be appointed
against unreserved vacancies.
20.
The total reservation for all
categories should not exceed 50% in each cadre. Cadre means grade/Level. For
example Jr Clerks, Sr Clerks, OS & Ch OS are four separate cadres for the
purpose of reservations in clerical cadres.
21.
In direct recruitment, the reserved
category candidates who are selected on the same standard as applied to General
Candidates will not be adjusted against reserved vacancies.
22.
Only when he/she avails the
relaxations in age limit, experience, qualification, permitted number of
chances etc will be adjusted against reserved vacancies.
23.
Separate rosters registers should
be maintained for DR, Promotion, LDCE and GDCE.
24.
Reservation rules are not
applicable to deputation.
25.
No reservation for single post
cadre. The vacancy should be filled by seniority or merit as the case may be.
26.
The unfilled posts of SC/ST/OBC should
not be de-reserved. ( i.e. should not be converted to UR)
27.
Such posts should be carried
forward to next recruitment year. The same rule applies to promotions also.
28.
However, posts can be exchanged
between SC and ST if the vacancy could be filled due to non-availability of
candidates of that particular community ( ie SC or ST) in the third recruitment
year.
29.
At any given point of time, the
rule of maximum 50% quota should be followed on the cadre as a whole and not on
the basis of individual recruitment where it may happen that all posts may fall
to the share of either SC or ST or OBC due to carry forward rule for unfilled
vacancies.
30.
The candidate appointed on
compassionate grounds should be shown against the appropriate roster point as
per his community i.e SC against SC, ST against ST, OBC against OBC and UR
against UR.
31.
The employees who are rendered
surplus and absorbed in alternative posts should be shown against the
appropriate roster point as per his community ie SC against SC, ST against ST,
and UR against UR. If there is no SC/ST point vacant, such surplus staff should
be booked against the UR point because we should keep the surplus staff waiting
for an alternative appointment for want of SC/ST vacancy.
32.
The candidates who are appointed
against Sports/Cultural/Scouts & Guides quota should not be shown against
SC/ST/OBC reservation points because their selection for appointment is purely
on merit in their respective fields.
33.
In PBR system if a vacancy arises
in the cadre due to Transfer/Promotion/Retirement/Death etc of SC/ST/OBC
employee, that vacancy should be filled only by SC/ST/OBC candidate/employee.
34.
The PBR system is applicable in
promotions from Group-C to Group-B, within Group-B and Group-B to Group-A .
35.
Vertical Reservation means
reservation for SC/ST/OBC/UR/EWS.
36.
Horizontal Reservation means
reservation for PH/Minority/Ex-servicemen.
UR = UR(merit) +PH(merit) +EWS((merit) + Ex-servicemen(merit)
SC = SC + PH(SC) + Ex-Servicemen
(SC)
ST = ST + PH (ST) + Ex-Servicemen
(ST)
OBC = OBC + Minority (OBC) + PH
(OBC) + Ex-servicemen(OBC)
37.
Reservation for PH candidates:
According to Right of Persons with Disabilities Act 2016, 4% reservation in recruitments and promotions
should be provided to physically handicapped persons who are suffering from the
following:
a.
Blindness and low vision
b.
Deaf and hard hearing
c.
Locomotors disability (including
cerebral palsy, Leprosy cured, dwarfism, acid attack victims and muscular
dystrophy).
d.
Autism intellectual disability,
specific learning disability and mental illness.
e.
Multiple disabilities from among
(a) to (d) above including deaf and blindness
Note: The minimum disability should
be 40%.
Distribution of 4% reservation is
as under:
For category (a) above – 1%
For Category (b) above – 1%
For Category (c ) above- 1%
For categories (d) & (e) above
– 1%
Railways can exempt any post/cadre from the above
reservations for PwD candidates.
38.
L-Shape Roster 2 to 14 posts-
Rotation wise. If reservation reach 50%, by rotation point of reservation come,
than SC/ST skipped.
39. The reservation for Persons with Benchmark Disabilities (PwBD) (apply as per 169/2022) and Economically Weaker Sections (EWS) (not apply) that is applicable for open market recruitment will apply for GDCE scheme. (RBE 72/2019, 169/2022).
40.
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