Reservation Policy

5/20/2018 Reservation Policy

1/135

INDEX

S.No. Page No.

1. CONSTITUTIONAL PROVISIONS 1 to 4

2. Issue and Verification of certificate 5 to 15

3. Concession and Relaxation 16 to 20

4. Institutional Safeguards 21 to 26

5. SERVICE SAFEGUARDS 27 to 30

6. Procedural and Miscellaneous Safeguards 31 to 40

7. Duties and responsibilities of Liaison officer 41 to 43

8. Guidelines and important letters 44 to 87

9. Principles for making & operating post based rosters 88 to 135

- 1 -


2/135

CONSTITUTIONAL PROVISIONS

The State

Article 12

The State includes the Government and Parliament of India and the Government and th

Legislature of each of the State and all local or other authorities within the territory of India o

under the control of the Government of India.

Article 46

The state shall promote with special care the educational and economic interests of the weake

section of the population, and particular the SCs and STs and shall protect them from sociainjustice and all forms of exploitation.

Equality before law

Article 14

The state shall not deny to any person equality before the law or the equal protection of the law

within the territory of India.

Prohibition of discrimination on grounds of religion, race, caste, sex or place o

birth:

Article 15:

(1) The State shall not discriminate against any citizen on grounds only of religion, rac

caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place or birth or any o

them, be subject to any disability, liability, restriction or condition with regard to:

(a) access to shops, public restaurants, hotels and place of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintaine

wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision fowomen and children.

- 2 -


3/135

(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from makin

any special provision for the advancement of any socially and educationally backwarclasses of citizens or for the Scheduled Castes and the Scheduled Tribes.

Amendment:Clause (4) was inserted by the Constitution amendment (First Amendment) Act, 1951.

Equality of opportunity in matters of public employment:

Article 16:

1. There shall be equality of opportunity for all citizens in matters relating to employmen

or appointment to any office under the State.

2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth

residence or any of them, be ineligible for, or discriminated against in respect of, anemployment or office under the State.

3. Nothing in this article prevent Parliament from making any law prescribing, in regarto a class or classes of employment or appointment to an office under the Governmen

of, or any local or other authority within, a State or Union territory, any requirement a

to residence within that State of Union territory, prior to such employment o

appointment.

4. Nothing in this article shall prevent the State from making any provision for th

reservation or appointments or posts in favour of any backward class of citizens

which, in the opinion of the State, is not adequately represented in the service

under the State.

4A. Nothing in this article shall prevent the State from making any provision for reservatio

in matters of promotion, with consequential seniority, to any classor classes oposts in the services under the State in favour of the Scheduled Castes and th

Scheduled Tribes which, in the opinion of the State, are not adequately represented i

the services under the State.

4B. Nothing in this article shall prevent the State from considering any unfilled vacancie

of a year which are reserved for being filled up in that year in accordance with an

provision for reservation made under clause (4) or (4A) as a separate class of vacancieto be filled up in any succeeding year or years and such class of vacancies shall not b

considered together with the vacancies of the year in which they are being filled up fodetermining the ceiling of fifty per cent reservation on total number of that year.

5. Nothing in this article shall affect the operation of any law which provides that th

incumbent of an office in connection with the affairs of any religious or denominationainstitution or any member of the governing body thereof shall be a person professing

particular religion or belonging to a particular denomination.

- 3 -


4/135

Amendment:

Clause (4A) was inserted by the Constitutional amendment(77th

and 92nd

amendment Act, 199

(92nd

amendment was made effective from 17-06-1995).

Clause (4B) was inserted by the Constitutional amendment (81st

amendment Act, 2000(Circulated vide Government of India, Department of Personnel & Training O.M. No. 36012/5/97

Estt.(Res.)Vol.II dated 20th

July, 2000.

Claims of Scheduled Castes and Scheduled Tribes to services and posts

Article 335

The claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken int

consideration, consistently with the maintenance of efficiency of administration, in the making oappointments to services and posts in connection with the affairs of the Union or of a State.

Provided that nothing in this Article shall prevent in making of any provision in favour o

the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifyin

marks in any examination or lowering the standards of evaluation, for reservation in matter

of promotion to any class or classes of services or posts in connection with the affairs of th

union or of a State.

Amendment:

Above quoted para was inserted by the 82ndConstitutional amendment Act, 2000.(Circulated vide Government of India, Department of Personnel & Training O.M. No26012/23/96-Estt.(Res.)Vol.II dated 3rd October, 2000)

(a) Govt. of India had issued orders on 23.12.1970, 21.1.1977 and 10.4.1989 providin

guidelines for certain relaxations / concessions in the matter of qualifying marks

standards of evaluation of performance in favour of candidates belonging to SCs / ST

while considering them for promotion.

(b) The Supreme Court held in S. Vinod Kumar vs. Union of India (JT 1996 (8) SC 643)

case that the validity of such lower qualifying marks / lesser standards in the matter

of promotion of SCs / STs is not permissible in view of the command contained inArticle 335 of the Constitution. In view of this the Govt. withdrew the concession vide

Govt. of India, Deptt. of Per. & Trg. O.M. No. 36012/23/96-Estt.(Res.), dated

22.7.1997.

(c) Consequent to addition of provision to Article 335, as above, the Govt. has now

restored the position for lesser standards of evaluation in the matters of promotions o

SCs/STs vide Govt. of India, Deptt. of Per. & Trg. O.M.dated 3rd

October, 2000.

- 4 -


5/135

Schedule Castes:

Article 341:

(1) The President may, with respect to any State or Union territory, and where it is a Stat

after consultation with the Governor thereof, by public notification, specify the castesraces or tribes or parts of or groups within castes, races or tribes which shall for th

purposes of this Constitution be deemed to be Scheduled Casts in relation to that State o

Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified ia notification issued under clause (1) any caste, race or tribe, or part of or group within an

caste, race or tribe, but save as aforesaid a notification issued under the said clause shall no

be varied by any subsequent notification.

Scheduled Tribes:

Article 342

(1) The President may with respect to any State or Union territory, and where it is a State, afteconsultation with the Governor thereof, by public notification, specify the tribes or triba

communities or part or groups within tribes or tribal communities which shall for th

purposes of this Constitution be deemed to be Scheduled tribes in relation to that State o

Union territory, as the case may be.

(2) Parliament may be law include in or exclude from the list of Scheduled Tribes specified i

a notification issued under clause (1) any tribe or tribal community or part of or grouwithin any tribe or tribal community, but save as aforesaid a notification issued under th

said clause shall not be varied by any subsequent notification.

- 5 -


6/135

ISSUEAND

VERIFICATIONOF

CERTIFICATE

- 6 -


7/135

ISSUANCE AND VERIFICATION OF CERTIFICATEDEFINITION OF SC and ST

A person is held to be a member of a Schedule cast or Schedule Tribe, as the case may be, if h

belongs to the to a Caste or a Tribe which has been declared, under any of the following orders, t

be a Scheduled Caste or a Scheduled Tribe for the area of which she / he is a resident:

1. The Constitution (Scheduled Castes) Order, 19502. The Constitution (Scheduled Tribes) Order, 1950

3. The Constitution ( Scheduled Castes) (Union Territories) Order, 1951.

4. The Constitution (Scheduled Tribes) (Union Territories) Order, 1951, {( As amended b

the Scheduled Castes and Scheduled Tribes Lists(Modification Order) 1956),5. The Bombay Reorganization Act, 1960,

6. The Punjab Reorganization Act, 1966,

7. The State of Himachal Pradesh Act, 1970,8. The North-Eastern Areas (Reorganization) Act, 1971

9. The Scheduled Castes and Scheduled Tribes Orders ( Amendment) Act, 1976.)}10. The Constitution ( Jammu and Kashmir) Scheduled Castes Order, 1956;11. The Constitution ( Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, a

amended by the Scheduled Castes and Scheduled Tribes Order ( Amendment) Act, 1976;

12. The Constitution ( Dadra and Nagar Haveli) Scheduled Castes Order, 1962;

13. The Constitution ( Dadra and Nagar Haveli) Scheduled Tribes Order, 1962;14. The Constitution (Pondicerry) Scheduled Castes Order, 1964;

15. The Constitution (Uttar Pradesh), Scheduled Tribes Order, 1967;

16. The Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968;17. The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968;

18. The Constitution (Nagaland) Scheduled Tribes Order, 1970;

19. The Constitution (Sikkim) Scheduled Castes Order, 1978;20. The Constitution (Sikkim) Scheduled Tribes Order, 1978;

21. The Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989;22. The Constitution (Scheduled Castes) Orders (Amendment ) Act, 1990;

23. The Constitution (Scheduled Tribes) Order Amendment Act, 1991;

24. The Constitution (Scheduled Tribes) Order Second Amendment Act, 1991.

CLAIM FOR RELAXATION AND CONCESSION

Every person who claims to belong to a Schedule Cast or a Schedule Tribe or Other BackwarClass, has to produce a certificate to the Appointing authority, as sufficient proof to make him

eligible for the various relaxations and concessions.

Such certificate must be in the prescribed form issued by one of the authorities empowered for thpurpose. No other certificate to be considered as sufficient proof. In case of an OBC candidate i

addition of certificate the candidate his also required to submit the declaration as given below:

I____________ son / daughter of Shri _________________ resident of village / town / cit

_________________ district ____________________ state ________________ hereby declar

- 7 -


8/135

that I belong to the ______________ community which is recognized as backward class by thGovernment of India for the purpose of reservation in services as per the orders contained in

DoP&T OM No. 36012/22/93-Estt. (SCT) dated 08-09-1993. It is also declared that I do no

belong to persons / sections (Creamy Layer)mentioned in column 3 of the Schedule to the abovreferred OM dated 08-09-1993.

VERIFICATION OF CERTIFICATE CASE OF APPOINTMENT

All appointments wherein relaxation and concessions have been claimed by a person based on th

certificate, even in the prescribed format by the authorized authority, must be verified by th

Appointing Authority. In all such appointments, the appointing authority must include followin

clause in the offer of appointment

The appointment is provisional and is subject to the caste / Tribe certificate being verifie

through the proper channels and if the verification reveals that the claim to belong to Schedul

Caste or Schedule Tribe, as the case may be, is false, the services will be terminated forthwit

without assigning any further reason and without prejudice to such further action as may btaken under the provisions of the Indian Penal Code for production of false certificate

However, in case of Other Backward Class since candidate who belongs to OBC may not b

eligible for the benefits of reservation on account of he being covered in the ambit of creamlayer, the appointing authority should include following clause in the appointment letter to th

candidates belongs to OBC.

The appointment is provisional and is subject to the caste / Tribe certificate being verifie

through the proper channels and if the verification reveals that the claim to belong to OtheBackward Class or not to belong to creamy layer, is false, the services will be terminate

forthwith without assigning any further reason and without prejudice to such further action amay be taken under the provisions of the Indian Penal Code for production of false certificate

Further, in case a candidate belongs to SC or ST is unable to produce a certificate from any of thauthorities prescribed for the purpose, he or she may be appointed provisionally on the basis o

prima facie proof he or she is able to produce at the time of making such claim. However, suc

appointment shall be made subject to his or her submission of certificate in prescribed format from

prescribed authority with in the reasonable time. Further, if the appointing authority feels there genuine difficulty in obtaining a certificate, the appointing authority should himself / herself verif

the claim through the District Magistrate concern such that appointment of a SC or ST candidat

should be withheld or delayed pending the verification of Caste / Tribe status.

Appointing authority, if considered necessary for any reason, may verify the claim of a candidat

through the District Magistrate of the place where the candidate or his family belongs toNecessary action shall be taken by the appointment in case such claim found false as per the rule

laid down.

- 8 -


9/135

VERIFICATION OF CERTIFICATE IN CASE OF PROMOTION

The appointing authority should verify the Caste status of a SC / ST employee again at the time o

promotion against the reserved vacancy for SC / ST. Caste / Community to which the SC / S

employee, place to which he belongs to and name of State should be pasted on the top of h

Service Book, personal file or any other relevant documents covering its employee to facilitatsuch verification.

An employee, whose Caste / Tribe has been de-scheduled from the list after his initial appointmen

as a SC or a ST candidate, is no longer entitled for the benefits of reservation in promotions. Thi

Caste verification is necessary at all important event so that benefits of reservations and othe

schemes of concession etc. which are basically meant for the person actually belongs to SC / STshould go to the rightful claimants

.

INTIMATION OF CHANGE OF RELIGION

A member of Schedule Caste should profess Hindu or Shikh or Bhudhist religion. No membeprofessing any other religion can be deemed to be a member of Schedule Caste.

The appointing authority must stipulate in the letter of appointment issued to the candidate belong

to Schedule Caste that they should inform about the change, if any, of the religion to theappointing authority / administrative authority immediately after such change.

GUIDE LINES FOR ISSUING CERTIFICATE

A. Important points

Claims to belongs to a Schedule Caste or a Schedule Tribe by birth by a person should be verified

with respect to the following points

The person and his parents actually belong to community claimed;

The community to the person belongs to as indicated in his claim should be included in thPresidential Orders specifying the Scheduled Castes and Scheduled Tribes in relation to th

concerned state;

The person belongs to the State and to the area within that State in respect of which th

community has been scheduled;

The person claims to be a Scheduled Caste should profess Hindu, Sikh or the Budhis

religion. However, a person profess any religion if he claims to belongs to Schedule Tribe.

B. Case of Migration

A person, if migrated from the portion of the state ion respect of which his community ischeduled to another part of the same State in respect of which his community is no

- 9 -


10/135

scheduled, he will continue to be deemed to be a member of SC or ST, as the case may be

in relation to that State.

A person, if migrates from one state to another, he can claim to belong to a SC or ST onlin relation to the state to which he originally belongs to and not in respect of the state t

which he has migrated.

C. Case of Marriages

No person who was not a SC or a ST by birth will be deemed to be a member of a SC or ST merely because he or she married person belongs to a SC or a ST. Conversely, a perso

belongs to a SC or a ST will continue to be a member of a SC or a ST even after his he

marriage with a person not belongs to a SC or a ST.

However, if a man who do not belongs to a SC or a ST if marry a woman who is a membeof a SC or a ST, then children of such couple shall not be considered a member of a SC or

ST.

D. Cases of Conversion and Re-conversion

A person when converted to a religion other than Hinduism, Sikhism or Buddhism and the

re-converted himself to back to Hinduism, Sikhism or Buddhism, he will be deemed to breverted to his original Scheduled Caste, if he is accepted by the member of that particula

caste as one among them.

Successor of a person when re-converted himself to back to Hinduism, Sikhism o

Buddhism, mere re-conversion will not make such successor entitled to be a member of Schedule Caste to which his forefather belongs to. Such person shall have to establish tha

he has been accepted by the member of the caste claimed as one among them.

E. Case of Adoption

A person is entitled to become a member of scheduled caste on the ground that he has beeadopted by a person who is a member of scheduled caste. However, before issuing th

caste certificate, it has to be established clearly validity of such adoption by cogent an

reliable evidence. Further, following aspects must be ensured before entrusting entitlemento such person, a member of scheduled caste.

The validity of adoption should be as per the Hindu Adoption and Maintenance Act, 1956The actual giving and acceptance of the child in adoption is a mandatory requirement an

thereafter, the adopted child is deemed to be the child of his or her adoptive parents for a

purposes and the adopted child severs all ties with the family of his or her birthOrdinarily, no child who has attained the age of 15 years or who is married can be given in

adoption unless there is a custom or usage applicable to the parties.

- 10 -


11/135

The certificate issuing authority should satisfy himself that all the requirements of law havbeen complied with before deciding upon issue of certificate. Further, he should also tak

into account, the behaviour of the child after adoption, whether the child physically liveand supported by his adoptive parents and the child receives no financial help from h

original parents.

In case of adoption of a married person or a person of the age of 15 years or more, thcertificate shall be required to be given by the District Magistrate who shall after makin

due inquiries with respect to the validity of adoption and whether such adoption i

permitted by the customs or usage applicable to the parties make an endorsement to theffect on the certificate. He has to further verified that all other conditions for a vali

adoption including the physical transfer of person to the family of adoptive parents and thathe adopted person has severed all ties with the original parents, are fulfilled.

F. Concept of Residence

President, under Articles 341 & 342 issued orders notifying various castes and tribes a

scheduled caste and scheduled tribes in relation to the States and Union Territories from

time to time. Care is being taken by making suitable provisions so that the peoplbelonging to the specific community residing in a specific area, which has been assessed t

qualify for the scheduled caste and scheduled tribe status, only are benefited. It is possibl

that a person belonging to the same caste but residing in different States or Unio

Territories or in different area of same State may not be treated a member of schedulecaste or scheduled tribe. It is therefore residence of a person in a particular locality/area i

a State or Union Territory assumes a special significance. For the purpose of a person t

be a member of SC or ST, his residence shall be his permanent residence on the date onotification of the Presidential Order scheduling his or her caste /tribe in relation to thalocality/area. Thus a person who is temporarily away from his permanent place of abodat the time of the notification of the Presidential Order, shall be entitled to be a member o

SC or ST if his caste or tribe has been specified in that order in relation to his locality/are

in his State / Union Territory of his permanent address. However, he shall not be entitleto be a member of SC or ST in relation to the place of his temporary residence not

withstanding the fact the name of his caste/tribe has been scheduled in the Presidentia

Order in respect of that area.

To ensure authenticity of permanent residence and that of caste/tribe, proper verificatio

must be carried out primarily based on revenue records and if needed be, through reliablenquiries. The competent authority issuing such certificate, therefore, should be the on

concerned with the locality in which the person applying for certificate had his place o

permanent residence at the time of notification of Presidential Order. Thus the competen

authority of one district would not be competent to issue such certificate in respect of person belonging to another district, nor can such authority of one State or Union Territor

can issue such certificate in respect of a person whose place of permanent residence at th

- 11 -


12/135

time of the notification of a particular Presidential Order, has been in a differen

State/Union Territory.

In the case of persons born after the date of notification of the relevant Presidential Orde

the place of residence for the purpose of acquiring Scheduled Caste or Scheduled Tribe

status, is the place of permanent abode of their parents at the time of the notification fo thpresidential Order under which they claim to belong to such a Caste/Tribe.

Important aspects while dealing with the caste certificates of SCs &

STs for guidance of all course and authorities.

A Caste/Community certificate issued by an empowered public authority under seacontinues to be a valid document till it is cancelled by the said authority or by his superio

authority.

Their contents are to be treated as correct and every public authority, undertakings, bodiesinstitutions, etc., which are bound by instructions relating to such certificates, are bound to ac

upon them, so long as they are not cancelled.

It is open to the department or employer or organization to ask the issuing authority or DistricCollector, as the case may be, to verify whether the certificate as issued could be still valid, o

materials which have since come to their knowledge. They can appear in the verificatio

enquiry and place the materials.

If the certificate is cancelled, then disciplinary proceedings can be initiated for havin

furnished false information.

Appointing Authorities have the right to verify the genuineness of the certificates bapproaching the District Magistrate Collector of the District or such other constituteauthority and once the report is received that the certificate is genuine, thereafter the certificat

holder cannot be further harassed to prove his caste/community in any other manner.

Case of Adi Dravidar and Tribal Welfare Community

If an Appointment Authority prefers for the verification of certificate, which is issued b

the competent authority, it is for the Collector and not the individual to prove that thcertificate was not obtained correctly but by misrepresentation. In all such case

individual should not be asked to provide evidence once again in support of his claim an

contents of the community certificate obtained by him earlier. The High Court has made similar observation that After a valid certificate is issued, the onus is on the authorities t

establish that the certificate was erroneous.

In case where it is proved that the community certificate issued already is not a correct one

but obtained through misrepresentation, the individual shall be given reasonablopportunity to justify the genuineness of community claimed by him before a report is sen

to the concerned officer seeking clarification/verification.

- 12 -


13/135

If it is found that community certificate is issued by a sub-ordinate officer is false and thathe certificate has been obtained by misrepresentation, collector can cancel such certificate

In case where it is proved that the community certificate issued is false and has bee

obtained through misrepresentation, action has to be taken against both individual as weas the officer concerned under the relevant provisions of IPC. In case of official actio

under IPC would be taken where the certificate has been issued carelessly or deliberatelwithout proper verification. Administrative action will also have to be taken against sucofficial for issue of such false certificate. Before resorting to above, the person shall b

given reasonable opportunity to justify the genuineness of community claimed. A copy o

such cancellation order to be sent to the appointing authority etc. who has referred thmatter for verification without failure.

FORM OF CERTIFICATE PRESCRIBED

Form of Certificate as prescribed in M.H.A., O.M. No. 42/21/49-n\N.G.S., dated 28-1-1952, as revised i

Dept. of Per. & A.R., Letter No. 36012/6/76-Est. (S.C.T), dated 29-10-1977, to be produced by a candidat

belonging to a Scheduled Caste or Scheduled Tribe in support of his claim.

FORM OF CASTE CERTIFICATE

This is to certify that Shri/Shrimathi*/Kumari*..Son/Daughter

ofof village/town*.iDistrict/belongs to the..

Scheduled caste

Caste/Tribe* which is recognized as a Scheduled Tribe* Under:

The Constitution (Scheduled Castes) Order, 1950.

*The Constitution (Scheduled Tribes) Order, 1950.

*The Constitution ( Scheduled Castes) (Union Territories) Order, 1951.

*The Constitution (Scheduled Tribes) (Union Territories) Order, 1951.

{ ( As amended by the Scheduled Castes and Scheduled Tribes Lists(Modification Order) 1956

the Bombay Reorganization Act, 1960, the Punjab Reorganization Act, 1966, the State oHimachal Pradesh Act, 1970, the North-Eastern Areas (Reorganization) Act, 1971 and th

Scheduled Castes and Scheduled Tribes Orders ( Amendment) Act, 1976.)*The Constitution ( Jammu and Kashmir) Scheduled Castes Order, 1956;

*The Constitution ( Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, as amended b

the Scheduled Castes and Scheduled Tribes Order ( Amendment) Act, 1976;*The Constitution ( Dadra and Nagar Haveli) Scheduled Castes Order, 1962;

*The Constitution ( Dadra and Nagar Haveli) Scheduled Tribes Order, 1962;

- 13 -


14/135

* The Constitution (Pondicerry) Scheduled Castes Order, 1964;

* The Constitution (Uttar Pradesh), Scheduled Tribes Order, 1967;* The Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968;

* The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968;

* The Constitution (Nagaland) Scheduled Tribes Order, 1970;

* The Constitution (Sikkim) Scheduled Castes Order, 1978;* The Constitution (Sikkim) Scheduled Tribes Order, 1978;

* The Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989;

* The Constitution (Scheduled Castes) Orders (Amendment ) Act, 1990;* The Constitution (Scheduled Tribes) Order Amendment Act, 1991;

* The Constitution (Scheduled Tribes) Order Second Amendment Act, 1991.

2. This certificate is issued on the basis of the Scheduled Caste/Scheduled Tribes certificate

issued to Shri/Shrimathi*................................father/mother* oShri/Shrimathi/Kumari/..................of village/town*..........................i

District/Division*........................... of the State/Union Territory*...........................who belong tCaste/Tribes* which is recognized as a Scheduled Caste/Scheduled Tribes* in the State/Unio

Territory*..........................issued by the.................,.dated ...............................

3. Shri/Shrimathi*/Kumari*.............................. and/or* his/her* family ordinarily reside(s) i

village/town*............................ of ................................... District/Division* of the State/UnioTerritory* of ........................................

Signature...........................

Designation .........................(With Seal of Office

Place: ..........................State

Union Territory

Date: ............................

Note- The term Ordinarily resides used here will have the same meaning as in Section 20 of thPeople Act, 1950.

*Please delete the words which are not applicable.

- 14 -


15/135

AUTHORITIES EMPOWERED TO ISSUE CASTE CERTIFICATES

[G.I., Dept. of Per.& Trg., O.M. No. 36012/6/88-Estt. (SCT),(SRD. III) dated 24-4-1990]

The under mentioned authorities have been empowered to issue Castle Certificates o

verification

1. District Magistrate/Additional District Magistrate/Collector/DeputCommissioner/Additional Deputy Collector/1st Class StipendiarMagistrate/Sub-Divisional Magistrate/Taluka Magistrate/ExecutivMagist rate/Extra Assistant Commissioner.

2. Chief Presidency Magistrate/Additional Chief PresidencyMagistrate/Presidency Magistrate.

3. Revenue Officer not below the rank of Tehsildar.4. Sub-Divisional Officer of the area where the candidate and/or hi

family normally resides.

- 15 -


16/135

FORM OF CERTIFICATE TO AS PRODUCED BY OTHER

BACKWARD CLASSES APPLYING FOR APPOINTMENT TO POSTS

UNDER THE GOVERNMENT OF INDIA

[GI, DoP&T OM No. 36033/28/94-Estt. [Res.], dated 2-7-1997]

This is certify that ., son of , of villag

District/Division ......... in the State belongs to the community which is recognized as a Backward Class under

1. Government of India, Ministry of Welfare, Resolution No. 12011/68/93-BCC [c], dated th

10th September, 1993, published in the Gazette of India, Extraordinary, Part-I, No 186

dated the 13thSeptember, 1993.

2. Government of India, Ministry of Welfare, Resolution No. 12011/9/94-BCC, dated th

19

th

October, 1994, published in the Gazette of India, Extraordinary, Part-I, Section I, No163, dated the 20thOctober, 1994.


24thMay, 1995, published in the Gazette of India, Extraordinary, Part-I, Section I. No. 88

dated the 25thMay, 1995.


6thDecember, 1996, published in the Gazette of India, Extraordinary, Part-I, Section I. No

210, dated the 11thDecember, 1996.

Shri ... and/or his family ordinarily resides in th

District/Division of the State. This is also to certify that he/she does nobelong to the persons/sections [Creamy Layer] mentioned in Column 3 of the Schedule to th

Government of India, Department of Personnel and Training, O.M. No. 36012/22/93-Estt. [SCTdated 8-9-1993.

District Magistrat

Deputy Commissioner, etc

Date:SEAL

Strike out whichever is not applicable.

- 16 -


17/135

CONCESSION

AND

RELAXATION

- 17 -


18/135

A. Concessions to Scheduled Castes/Scheduled Tribes Applicants:Age-relaxation:

The maximum age limit prescribed for direct recruitment to a service or post, is increased by fivyears in the case of candidates belonging to Scheduled Castes and Scheduled Tribes. Relaxatio

of maximum limit of age is also extended to the departmental candidates.

Relaxation on maximum age limitation of 10 years (8 years in case of OBC) is allowed for th

physically handicapped person belongs to SC / ST categoryover and above the age relaxatio

of 5 years admissible to them as SC / ST.

Fee Concession:

Scheduled Castes and Scheduled Tribes candidates are exempted from payment of fees prescribefor recruitment / selection.

B. Relaxation of standards and other steps taken for filling Reserved

Vacancies:

Relaxation of standards of suitability:

Relaxation in qualification and /or minimum no. of marks / grade

SC/ST candidate should satisfy the educational qualification which has been prescribed i

the recruitment rules. Similarly, when a minimum number of marks or a minimum grade is als

prescribed as part of the educational qualification, the minimum marks / grade so prescribed shaalso uniformly apply to all candidates including SC and ST candidates. However, relaxation i

available:

(a) Minimum standard In case of direct recruitment through an examination or an interview, th

selecting authority should determine the minimum standard for purpose of selection at th

examination / interview and selection is made according to the place or rank obtained in thexamination or at the interview, subject to fulfilling the minimum standard determined as above

However, in case if adequate number of SC / ST candidates who satisfy the minimum standard arnot available to fill the reserved vacancies, then SC / ST candidates may be selected to the exten

of shortfall in vacancies by relaxing the minimum standard, provided that they are not considere

unfit to hold the post.

Case of non-technical and quasi-technical Groups C and D services / posts

In addition to the concession of relaxed general standards, where the requisite number of SC anST candidates fulfilling even the relaxed standards admissible in their cases are not available to fi

the vacancies reserved for them in non-technical and quasi-technical Group C and D services

- 18 -


19/135

posts requiring to be filled by direct recruitment otherwise than by written examination (i.e. on th

basis of applications or nominations from Employment Exchange whether followed by interviewor not), the selecting authorities should, to the extent of the vacancies reserved for SC/S

candidates, select for appointment. Such candidates will, on their appointment, be placed o

probation and the rules / orders regarding probation will apply to them. In order to bring suc

candidates to the minimum standard necessary for the posts and for the maintenance of efficiencof administration, they should be given in-service training in the officers of the Appointin

Authorities.

Relaxation in the period of experience prescribed to be indicated in th

advertisement/requisition:

When vacancies reserved for SCs and STs are advertised or intimated to the Employmen

Exchange, it should be specifically mentioned in the advertisement / requisition that the period oexperience prescribed is relax able, at the discretion of the Competent Authority in the case of SC

ST candidates as provided in the Recruitment Rules. This is intended to ensure that the aspiran

who may fall slightly short of the requisite experience come to know about the possibility orelaxation in this regard.

The Appointing Authority should record the reasons for relaxing the qualifications regardin

experience in writing whenever such relaxation is granted.

In the case of direct recruitment wherein SC and ST candidates who are selected on their ow

merit without relaxed standards along with the general candidates will not be adjusted against th

reserved vacancies. The reserved vacancies will be filled up separately from amongst the eligiblSC and ST candidates who are lower in merit than the last candidate in the merit test but who ar

otherwise found suitable for appointment even by relaxed standards, if necessary.

Lower qualifying marks / lesser standard of evaluation for SC / ST candidates in an

departmental examinations:

The instructions providing for lower qualifying marks for SC/ST candidates i

departmental qualifying/competitive examinations for promotion were withdrawn. Similarly, thDPC guidelines providing for consideration of SC/ST candidates without reference to merit an

the prescribed benchmark where also rescinded vide Order 38. However, the concession o

lower qualifying marks/lesser standard of evaluation has again been restored from 3-10-2000

vide Order No. 39.

Separate interview of Scheduled Castes/Scheduled Tribes candidates:

In direct recruitment through interview or through examination along with interview, candidate

belonging to Scheduled Castes and Scheduled Tribes would be called for interview on a separat

day or a separate sitting of the Selection Committee.

- 19 -


20/135

General Pool Accommodation:

(1) SC and ST employees are entitled to a reservation of General Pool residentiaaccommodation to the extent of 10% in Types A and B and 5% in Types C and D i

Delhi and all the existing Regional Offices / Cells under the control of the Directorate o

Estates and Regional Offices that may be set up in future including stations where generapool accommodation is being allotted by the CPWD.

(2) The officers should be entitled to allotment in their entitled type and in their turn from th

separate waiting list to be maintained for the purpose.

(3) Vacancies available in the quota reserved for the purpose would be allotted in the ratio o2:1 to the SC / ST employees respectively. In case, however, there is no SC employe

available, the quota reserved would be allotted to ST employees.

(4) SC / ST employees who are already in occupation of General Pool accommodation will no

be entitled to be considered for allotment of higher types from the reserved quota.

Procedure for allotment:

In order to have uniformity in the matter of reservation of accommodation to SC / ST employee

the following procedure will be followed:

(i) In case sufficient applications from SC / ST employees are not available from thapplications for the current allotment year, fresh applications may be invited from SC / S

employees.

(ii) A register for allotment of all clear vacancies will be maintained. A 60-point roster wi

be maintained and points 10, 20, 40 and 50 for SCs and points 30 and 60 for STs, will ballotted for Types, A and B accommodation. In respect of Types C and D

accommodation, points 20 and 40 are to be allotted to SC employees and point 60 allotte

to ST employees.

SC / ST employees will also be considered for allotment as per their turn along with other genera

category employees in addition to the above reservation.

Other Concessions in Posts filled by Promotion:

Age Relaxation in Promotion Posts:

The concession of relaxation of maximum age limit by 5 years in the case of Scheduled Castes

Scheduled Tribes candidates which was admissible in posts filled by direct recruitment has als

been extended to posts filled by promotion. Orders have been issued on 8th

December, 1971, thawhere an upper age limit not exceeding 50 years is prescribed for promotion to a service / post,

shall be relaxed by five years in favour of Scheduled Castes and Scheduled Tribes except in post

which have arduous field duties or are meant for operational safety or are in para-militarorganisations.

- 20 -


21/135

Relaxation and concession at a glance

SC/ST OBC1 Upper Age Limit 5 Years 3 Years

2 Upper age limit if thecandidate is handicapped

15 Years 8 Years

2 TA to attend InterviewTest

Reimbursable- By 2nd

class-shortest Route- To end Fro-

from nearest Railway stationto the place of interview /

Test.

Not applicable

3 Application Fee Fully Exempted No exemption

4 Examination Fee Fully Exempted No exemption

5 Experience / Qualificationfor Direct Recruitment

Relaxable at the discretion ofCompetent Authority.

Not Relaxable

6 Standard of suitability Relaxable Relaxable

7 Rule of Exclusion Not applicable Applicable

8 Reservation in Promotion Applicable Not applicable

9 Candidates coming on

merit in Direct

Recruitment.

Not to be adjusted against

reservation quota.

Not to be adjusted

against reservation

quota.

10 Liaison Officer Separate for SC/ST. Separate for OBC

N.B.

1. Reservation for SC/ST/OBC put together not to exceed 50% of vacancies in a year.2. Reservation for SC/ST/OBC put together not to exceed 50% of the cadre.

- 21 -


22/135

INSTITUTIONAL

SAFEGUARDS

- 22 -


23/135

National Commission for Scheduled Castes and Scheduled Tribes:

The Government has set up two separate National Commission and 18 Regional Commissions, i

accordance with the Constitutions. These Commissions are vested with certain powers to function

for the safeguard the interests of the Scheduled Castes and the Scheduled Tribes.

Article 338 and 338A

Earlier under Article 338 of Constitution, the Government of India constituted Nationa

commission for Schedule Caste and Schedule Tribes in the year 1992. Consequently vide 89

amendment act, 2003 dated 28-09-2003 the article 338 was amended such that

1. Article 338 became relevant for Scheduled Castes only after the amendment.

2. A new Article, i.e. Article 338A was include in the Constitution after 338, to set up

separate Commission for Schedule Tribes.

3. A person belongs to Schedule Caste / Schedule Tribe can directly approach National

Regional commissions for redressal of his / her grievances

Notification of amendment of Article 338 was issued on 19.2.2004 to enable the Govt. to set u

two separate Commissions. Rules for appointment of two commissions, their status, tenure, etc

notified on 20.2.2004.

National Commission for Scheduled Castes:

Article 338:

(1) There shall be a Commission for the Scheduled Castes to be known as the Nationa

Commission for the Scheduled Castes.

(2) Subject to the provision of any law made in this behalf by Parliament, the Commissio

shall consist of a Chairperson, Vice Chairperson and three other members and th

conditions of service and tenure of office of the Chairperson, Vice Chairperson and otheMembers so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice Chairperson and other Members of the Commission shall bappointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission:

- 23 -


24/135

(a) to investigate and monitor all matters relating to the safeguards provided for th

Scheduled Castes under this Constitution or under any other law for the time beinin force or under any order of the Government and to evaluate the working of suc

safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights ansafeguards of the Scheduled Castes;

(c) to participate and advise on the planning process of socio economic developmenof the Scheduled Castes and to evaluate the progress of their development unde

the Union and any State;

(d) to present to the President, annually and at such other times as the Commission ma

deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be take

by the Union or any State for the effective implementation of those safeguards another measures for the protection, welfare and socio economic development of th

Scheduled Castes; and

(f) to discharge such other functions in relation to the protection, welfare an

development and advancement of the Scheduled Castes as the President maysubject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of Parliament alonwith a memorandum explaining the action taken or proposed to be taken on th

recommendations relating to the Union and the reasons for the non acceptance, if any, o

any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any StatGovernment is concerned, a copy of such report shall be forwarded to the Governor of th

State who shall cause it to be laid before the Legislature of the State along with

memorandum explaining the action taken or proposed to be taken on the recommendation

relating to the State and the reasons for the non acceptance, if any, of any of sucrecommendations.

(8) The Commission shall, while investigating any matter referred to in sub clause (a) oinquiring into any complaint referred to in sub clause (b) of clause (5), have all th

powers of a Civil court trying a suit and in particular in respect of the following matternamely:-

(a) summoning and enforcing the attendance of any person from any part of India an

examining him on oath;(b) requiring the discovery and production of any document;

- 24 -


25/135

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commission for the examination of witnesses and documents;

(f) any other matter which the President may, by rule, determine.

(9) The Union and every State Government shall consult the Commission on all major policmatters affecting Scheduled Castes.

(10) In this article, references to the Schedule Castes shall be construed as including referenceto such other backward classes as the President may, on receipt of the report of

Commission appointed under clause (1) of article 340, by order specify and also to th

Anglo Indian community.

National Commission for Scheduled Castes constituted on 24.2.2004 and notified on 25.2.2004The first National Commission for Scheduled Castes was as under:

(i) Shri Suraj Bhan Chairperson(ii) Shri Fakir Bhai Vaghela Vice Chairperson

(iii) Shri Phool Chand Member

(iv) Shri V.Devendra Member(v) Smt. Surekha Lambature Member

Tenure of Office: 3 Years.Status

(i) Chairperson Rank of Cabinet Minister

(ii) Vice Chairperson Rank of Minister of State(iii) Members Rank of Secretary to the Govt. of India.

National Commission for Scheduled Tribes:

Article 338A.

(1) There shall be a Commission for the Scheduled Tribes to be known as the Nationa

Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commissio

shall consist of a Chairperson, Vice Chairperson and three other Members and thconditions of service and tenure of office of the Chairperson, Vice Chairperson and otheMembers so appointed shall be such as the President may be rule determine.

(3) The Chairperson, Vice Chairperson and other Members of the Commission shall bappointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

- 25 -


26/135

(5) It shall be the duty of the Commission:-

(6) The President shall cause all such reports to be laid before each House of Parliament alon

with a memorandum explaining the action taken or proposed to be taken on th

recommendations relating to the Union and the reasons for the non acceptance, if any, oany of such recommendations.

(7) Where any such report, or any part thereof, relates to any matters with which any StatGovernment is concerned, a copy of such report shall be forwarded to the Governor of th

State who shall cause it to be laid before the legislature of the State alongwith

memorandum explaining the action taken or proposed to be taken on the recommendationrelating to the State and the reasons for the non acceptance, if any, of any of suc

recommendations.

(8) The Commission shall, while investigating any matter referred to in sub clause (a) o

inquiring into any complaint referred to in sub clause (b) of clause (5), have all thpowers of a Civil Court trying a suit and in particular in respect of the following matter

namely;-

(a) summoning and enforcing the attendance of any person from any part of India an

examining him on oath;(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court or office;(e) Issuing commission for the examination of witnesses and documents;

(f) Any other mater which the President may, by rule, determine.

(9) The Union and every State Governments shall consult the Commission on all major polic

matters affecting Scheduled Tribes.

National Commission for Scheduled Tribes constituted on 28.2.2004 and notified on 31.3.2004

The first National Commission for Scheduled Tribes was as under:

(i) Shri Kunwar Singh Chairperson

(ii) Shri Tapir Gao Vice Chairperson (since resigned)

(iii) Smt. Prem Bai Mandavi Member(iv) Shri Lama Lobzang Member

(v) Shri Buduru Srinivasulu Member

Tenure of Office: 3 Years.

Status

(i) Chairperson Rank of Cabinet Minister(ii) Vice Chairperson Rank of Minister of State

(iii) Members Rank of Secretary to the Govt. of India.

- 26 -


27/135

Committee of Parliament on Welfare of Scheduled Castes/Scheduled Tribes

In addition to the National and Regional Commissions for the schedule caste and Schedule Tribe

a Committee of Parliament on the Welfare of Scheduled Castes / Scheduled Tribes was also set up

The committee includes 45 members. 30 members are nominated from Lok Shbha and 1

members are nominated from Rajya Shbha. The Committee inter-alia examines the positio

regarding representation of Scheduled Castes / Scheduled Tribes in the services under the variou

Ministries and other government organisations and makes suitable recommendations for effectiv

implementation of policies and programmes concerning Scheduled Castes and Scheduled Tribes.

- 27 -


28/135

SERVICESSAFEGUARDS

- 28 -


29/135

SERVICES SAFEGUARDS

The policy with regard to reservation of posts and services under the State in terms of Article 16(4of the Constitution of India continued for the Scheduled Castes and Scheduled Tribes both i

direct recruitment and promotions. Reservation for Socially and Educationally Backward Classe

was introduced with effect from 8-9-1993 as a part of implementation of the MandaCommission'srecommendations. Efforts were intensified by the Government of India to increas

the representation of SC and ST in services under the Government of India, Public Secto

Enterprises and Nationalised / Public Sector Banks during the year under report by launching special drive to make good the shortfalls in various categories of posts through recruitment an

reserving vacancies to the maximum extent (50%) permissible under the Supreme Court ruling othe matter.

On the attainment of Independence, instructions were issued on 21.9.47 providing for reservatio

of 12.5% of vacancies for SCs in respect of recruitment made by open competition. In case o

recruitment otherwise than by open competition this percentage was fixed at 16.67%. After th

Constitution was promulgated, MHA, in its Resolution of 13.9.50, provided 5 per cent reservatioof STs apart from the percentage fixed for SCs already in force. The 1951 Census showed that th

percentage of SCs in the total population was 15.05 per cent and that of ST 6.31%. Th

percentages were not revised at that time as a comprehensive bill revising the lists of SCs and STwas under consideration. The other reason for not revising the percentage was that reservation ha

already been provided for SCs in posts filled otherwise than by open competition to the extent o

16.66 per cent and instructions had also been issued for following a regional and local percentagfor Group C and Group D posts attracting candidates from a locality or region. The 1961 Censu

revealed that the Scheduled Castes and Scheduled Tribes population in proportion to the India

population stood at 14.64 per cent and 6.80 per cent respectively. Accordingly, the percentage o

reservation for SCs and STs was increased from 12.5% and 5% to 15 % and 7.5% respectively o

25.3.70. The 1971 Census did not warrant any such review. The actual impact of 1981 Censufigures on all India percentages could not be known because the Census of 1981 could not b

carried out in the State of Assam. Same is true of 1991 Census as the Census of 1991 could not b

held in the State of Jammu and Kashmir.

Reservations have been extended to other modes of promotion in stages. In 1957, reservation

were provided for Scheduled Castes and Scheduled Tribes in departmental competitivexaminations. Reservations in promotion by selection in Group C and Group D were provided i

1963 and in the same year reservation in departmental competitive examination was limited t

Group C and D only. The position was slightly changed in 1968 when reservations in limite

departmental examination to Group B, C and D and promotion by selection to Group C and D

were subjected to a condition that element of direct recruitment should not exceed 50 per cenReservation in promotion by seniority subject to fitness came in 1972 subject to the condition tha

the element of direct recruitment does not exceed 50 per cent. In 1974, reservations in promotioby selection from Group C to Group B, within Group B and from Group B to the lowest rung o

Group A were introduced provided the element of direct recruitment does not exceed 50 per cen

The limitation of the direct recruitment not exceeding 50 per cent was raised to 66.67% in 197

and to 75% in 1989.

- 29 -


30/135

The Supreme Court had in the Indira Sawhney case permitted the reservation for the Schedule

Castes and Scheduled Tribes in promotion to continue for a period of five years from 16.11.92Consequent to this judgment the Constitution was amended and Article 16(4A) was incorporated

In pursuance of this Article, instructions have been issued on 13.8.97 to continue the reservation i

promotions for the Scheduled Castes and Scheduled Tribes in the Services/Posts under the Centra

Government beyond 15.11.97 till such time as the representation of each of these categories ieach cadre reaches the prescribed percentages.

- 30 -


31/135

READY RECONER OF PERCENTAGEOF RESERVATION AVAILABLE FORSCs / STs / OBCs IN RECRUITEMENT AND PROMOTION

Sl.

No.Method of Recruitment Promotion Roster

Applicable

1.

2.

3.

Recruitment on All India Basisi. By open competition

(including selections through

any Public Service

Commission or BankingRecruitment Board without

examination)

ii. Otherwise than by open

competition

Recruitment to Group C and D posts

normally attracting candidates froma location or region.

Promotions based oni. Departmental competitive

Exams. to Group B, C and D

posts in which the element of

direct recruitment, if any, does

not exceed 75%.ii. Selection to Group B, C

and D and from Group B to

the lowest rung of Group a in

which the element of directrecruitment, if any, does not

exceed 75%.

iii. Seniority subject tofitness to Group A, B, C and

D post in which the element

of direct recruitment, if any,

does not exceed 75%.

SC-15%ST-7.5%

OBC - 27%

SC-16.66%ST-7.5%

OBC-25.84%

Proportionately to the

populations of SCs andSTs in the respective

states or regions, OBCs

upto 27% depending uponthe percentages for SCs

taken together.

SC-15%

ST-7.5%

OBC-nill

SC-15%

ST-7.5%

OBC-nill

SC-15%ST-7.5%

OBC-nill

200 Points(Page No.2.7)

120 Points(Page No. 8-11)

120 Points

(Page No.12-17)

200 Points

(Page No.18-24)

200 Points(Page No.18-24)

200 Points

(Page No.18-24)

- 31 -


32/135

PROCEDURALAND

MISCELLANEOUSSAFEGUARDS

- 32 -


33/135

1. Representation of SC/ST/OBC, Minorities and Women on Selectio

Boards/Committees:

Instructions have been issued on 11.7.95 that wherever a Selection Committee/Board exists or ha

to be constituted for making recruitment to ten of more vacancies in Group C or Group Dposts/services, it shall be mandatory to have one member belonging to SC/ST/OBC and on

member belonging to Minority Community in such Committees/Boards. Further one of thMembers of the Selection Committee/Board whether from the general category or from th

minority community or from SC/ST/OBC, should be a lady failing which a lady member should b

co-opted on the Committee/Board. It may also be ensured that where the number of vacancieagainst which selection is to be made is less than ten, no effort should be spared in finding

Scheduled Castes/Scheduled Tribes/Other Backward Classes officer, a Minority Communit

officer and a lady officer for inclusion in such Committees/Boards.

2. Examination and interview boards

Whenever recruitment is made on the basis of competitive examinations, centres for sucexaminations should be set up at all places where a sizable number of tribal candidates appea

at examination in addition to the usual centres of examinations.

Where selection is made by interview, the Recruitment Boards should be sent to places wher

there is concentration of candidates belonging to Scheduled Tribes.

3. Special training programmes

In pursuance of the recommendations of the Parliamentary Committed on the Welfare oScheduled Castes and Scheduled Tribes, the Ministries/Departments should draw up specia

training programmes including in-service training programmes in which necessary training coul

be provided to SC/ST candidates. The training progrmmes should be drawn up in such a way tha

it should be possible for SC/ST candidates to derive the maximum advantage from such traininprogrammes. The Training division of the Department of Personnel and Training will rende

technical assistance, if any, needed by the Ministries/Departments in drawing up the trainin

programmes and would also undertake periodical review of such training programmes as and whe

required.

4. Forwarding of applications for appointment elsewhere

Applications for employment elsewhere of temporary or permanent Central Government servantbelonging to SCs/STs should be readily forwarded except in very rare cases where there may b

compelling grounds of public interest for withholding such applications. The withholding o

applications should be an exception rather than a rule in the case of SC/ST employees who shoulbe afforded every facility for improving their prospects. In cases where such applications ar

withheld and could not be forwarded due to compelling grounds of public interest, they should b

reported within a month to the Liaison Officer in the Administrative Ministry/Department or i

offices under the Head of Department.

- 33 -


34/135

5. Selection of persons for posts abroad

Whenever a Ministry/Department, etc., makes selection of persons for posting in its units, etc

located in a foreign country, it should see that eligible employees belonging to SCs/STs are als

considered along with others for such postings.

6. Effectiveness in the development and protection of SCs/STs to b

indicated in Confidential Reports.

The Reporting Officers should give their specific comments on the effectiveness of the officerdealing with development and protection of Scheduled Castes and/or Scheduled Tribes, in th

column in the Reporting Officers part of Confidential Reports. All cadre controlling authoritie

are to incorporate in the Reporting Officers part of the CR form a column as under

Effectiveness in the development and protection of Scheduled Castes and/or Scheduled Tribes :

Attitude towards Scheduled Castes and/or Scheduled Tribes.

Sensitivity to social justice.

Ability to take quick and effective action to prevent and quell atrocities and ensure justic

to Scheduled Castes and/or Scheduled Tribes.

Effectiveness in bringing about the development of Scheduled Castes and/or Schedule

Tribes.

7. Terms Scheduled Caste/Scheduled Tribe only to be used in all officia

matters and not Harijan/Girijan.

For all official transactions, matters, dealings, certificates, etc., the Constitutional term

Scheduled Castes and Scheduled Tribes in English and their appropriate translation in othenational languages should alone be used for denoting the persons belonging to these categories

and the terms Harijan/Girijan should not be used.

8. SC/ST employees may write direct to National Commission for SCs/STs.

SC/ST employees are permitted to write to the National Commission for Scheduled Castes an

Scheduled Tribes direct on matters relating to appointments against the reserved quota. It is nonecessary for them to seek prior permission of the concerned administrativ

Ministries/Departments for sending their representations to the Commission.

9. Reservation of Seats in Gram Panchayats

Article 243D of the constitution provide provision for the reservation of seats for SC an

ST in every Panchayat and the number of seats so reserved shall bear, as nearly as may bethe same proportion to the total number of seats to be filled by direct election in tha

Panchayat as the population of the Scheduled Castes in that Panchayat area.

- 34 -


35/135

The offices of the Chairpersons in the Panchayats at the village or any other level shall breserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as th

Legislature of a State may, by law, provide.

10. Educational Safeguard

The importance of educational development of the weaker sections of the society wa

recognized many decades ago by the Government of India and extended incentives an

concessions to these sections of society (now SCs and STs) vide the Government of Indi

Act, 1935. After independence and on the adoption of the Constitution, safeguards werbuilt into the administrative system through special provisions incorporated in th

Constitution.

The Articles which contain educational safeguards for SC & ST are 29(1), 46, 15(4), an

350 A. Of these Articles 15(4) and 46 are more important in so far as educationadevelopment is concerned. Article 46 included among the Directive Principles of Stat

Policy provides that the "State shall promote with special care the educational an

economic interests of the weaker sections of the people, and particularly of those belonginto the Scheduled Castes and Scheduled Tribes and shall protect them from social injustic

and from all forms of exploitation". This article did not give any power to the Governmen

to take or adopt any specific measure for educational development of Scheduled Castes anScheduled Tribes. Article 15 of the Constitution was, therefore, amended through th

Constitution (First Amendment) Act, 1951 and Clause 4 added to it Article 15(4). Thi

empowered the State to make special provisions for the educational development of SC &ST and as a result the Government reserved seats for SC & ST in educational institution

including technical and professional institutions like medical and engineering colleges.

In response to the special obligation placed on the Government of India by Article 15(4) o

the Constitution to make special provisions, the then Ministry of Education (now Ministr

of Human Resource Development) for the first time addressed letter on 23-11-1954 to thChief Secretaries of all the State Governments suggesting that 20% seats should b

reserved for the Scheduled Castes and Scheduled Tribes in educational institutions with

provision of 5% relaxation in minimum qualifying marks for admission wherever requiredThis was slightly modified in April, 1964, where a distinct percentage of 15% fo

Scheduled Castes, and 5% for Scheduled Tribes was laid down and was also mad

interchangeable. The Ministry of Health and Family Welfare also came forward anseparately issued letters to the Vice Chancellors of the Universities having Medica

Faculties to reserve 15% seats for Scheduled Castes and 5% for Scheduled Tribes with 5%

relaxation in minimum qualifying marks for admission to all post-graduate medical anDental colleges.

The University Grants Commission had also issued guidelines to the Universities ancolleges under their respective control to ensure that the Scheduled Caste and Schedule

Tribe students were allowed due concession in the matter of admission in all undegraduate as well as post-graduate courses in the various streams. The percentage o

reservation for Scheduled Tribes was revised upwards from 5% to 7.5% in 1982. At presen

the following percentage are allowed for Scheduled Caste and Scheduled Tribe students iadmission to the various undergraduate and post-graduate courses of general; technica

medical and other professional education in the Universities and colleges:

- 35 -


36/135

Scheduled Castes: 15%

Scheduled Tribes: 7.5%

Reservation for SC & ST is also available in the allotment of seats in general hostels.

In addition to the above safeguards for admission in educational institutions and allotmen

of seats in general hostels, the Central and State Governments have initiated a number o

other measures like award of various types of scholarships / stipends / opening of boobanks for engineering and medical students, mid-day meals, books, stationery and uniform

etc., (for primary school students) for development of education among the Schedule

Castes and Scheduled Tribes.

Girls' hostels for SC & ST

This scheme was started in the Third Five Year Plan with the intention to enable SC / STgirls students to pursue education at pre-matric and post-matric levels even at places awa

from their homes which they otherwise would not have been able to do for want o

accommodation. This centrally sponsored scheme is implemented on 50:50 basis (100% i

other UTs) for construction of hostel buildings, extension of existing hostels for SC/Sgirls studying in middle and higher levels of education. Central assistance is also provide

to the voluntary organizations Non-Govt. / Private organizations only for the extension ohostels provided the organization is willing to cover 10% of the total expenditure an

remaining 90% in such cases is shareable between the Central and State Government o

50:50 basis. In the capacity of 100 inmates, 10% of the seats are to be reserved for non-SC

/ ST students. The maintenance of the hostels is the responsibility of the concerned StatesUTs. They should have to make adequate provisions in the budget. This would, also help i

checking the high drop-out rate among SC/ST women. This centrally sponsored schem

started in 1989-90 is implemented on the same pattern as that of girls hostels mentioneearlier.

National Overseas Scholarship For SC, ST And Other Students And Passag

Grants For Higher Studies Abroad

Scholarships under this scheme are provided to meritorious SC/ST, Denotified, Nomadiand Semi-nomadic tribes, SC converts to other religion and the children of landles

Agricultural Labourers/Traditional Artisans for advanced degree and post-doctoral studieabroad. Passage grants are also provided to students who are in receipt of a mer

scholarship from a foreign Government or institution, in case such scholarships does no

include the costs of passage. 30 National overseas scholarships and 9 passage grants ar

available each year.

Admissions Of SC/ST In Higher Education With Particular Reference To Centra

Universities

It is a Constitutional obligation that the provisions of reservation for SC/ST as embodied i

the Constitution of India and the policy of the Government of India framed in this regar

from time to time for the up-liftment of these communities is followed in the field of highe

- 36 -


37/135

education also. With a view to meeting this requirement the UGC which is an apex bod

had been bringing to the notice of the University Colleges and the State Govts. the guidelines of the Government of India regarding reservation for SC/ST in the matter o

Universities and Colleges. The UGC was set up in 1956 by an Act of Parliament for th

promotion of University Education and determination and maintenance of standards i

teaching, examination and re- search. This was necessary as the Constitution of Indienvisages that coordination of higher education is a central responsibility. The UG

functions as per provisions contained in its Act (UGC, Act 1956) and rules regulation

framed as per the provisions in the Act.

In order to bring SC/ST to the main stream of life and see that they also get properepresentation in different courses of higher education being provided by th

Colleges/Universities including Central Universities UGC has been contributing toward

social equity and up-liftment of the underprivileged sections of society through speciaschemes as well as specific provisions for these sections within regular schemes.

Different percentage of reservations have been fixed for SC/ST in the Universities odifferent States in accordance with the percentages of SC/ST population to the tota

population of that state. The broad principal is that the reservation percentage for SC/Sshould not be less than their population percentage. In the case of Central Universities, th

percentage of reservation is 15% for SC and 7.5% for ST. It is implied that all reserve

seats according to the percentage of reservation fixed should be filled up. There had beeample of guidelines issued by the UGC by following which it would have been possible t

fulfill reservation. However to put the matter on still clearer and firmer basis the UGC

issued revised guidelines for full implementation of reservation in admission. Thesguidelines were issued by the Additional Secretary vide his D. O. letter F-8-1093(SCT

dated 15th June, 1993 to fully cooperate and help in bringing about complete success- i

implementation of reservation policy in the Universities. The revised guidelines are quit

comprehensive and if implemented properly, would go a long way in fulfilling th

aspirations of the SC/ST to get higher education in different streams. In order to look at the actual representation of SC & ST students in different courses in th

Central Universities, efforts were made to collect information from the UGC. Th

information pertains to six faculties i.e. Humanities and Social Sciences, Science includinAgricultural Sciences, Engineering Technology, Medical Sciences, Professional Course

other than Medical and Engineering Technology and other Courses for the year 1992-93

The information-tabulated -and given at Table 1 gives a very dismal picture of threpresentations of SC & ST students in the above-mentioned courses. Course wise breaku

in respect of Jamia Milia Islamia and Banaras Hindu University was not available and n

information in respect of Indira Gandhi Open University was made available to the UGCBased on the information made available by UGC it may be seen that representation of SC

in different courses ranged from 2.60% to 9.92% and in respect of STs it was 0.09% t6.41%. Their representations are nowhere close to 15% and 7.5% as prescribed in case oCentral Universities. This is a matter of serious concern and the concerned Universitie

UGC and Ministry of Human Resources Development should try to find out the causes o

poor representation of these communities in these courses. As mentioned earlier we sha

have to ensure that intake at primary, middle and secondary levels is increased and at thsame time the dropout and wastage at these levels are checked, and those promising amon

these communities are picked up and placed in the public schools and they should b

- 37 -


38/135

provided extra coaching from lower levels so that they may compete with other studen

and their representation may also increase in different courses. As mentioned earlier thCentrally Sponsored scheme of up-gradation of merit of SC/ST should be fully exploited i

this regard. Besides the above mentioned scheme the concerned Universities should als

ensure that remedial courses meant for SC/ST students are regularly continued and thos

universities, which have not started these courses, should start without any further loss otime.

11. Miscellaneous Complaints

The Commission has also been receiving complaints of miscellaneous nature, which do noinvolve breach of any particular safeguard or right of SC/ST under the Constitution, a law or a

order of the Government, but where the Complainants feel harassed or inconvenienced or seek

help.

During 1993-94, the Commission received about three hundred petitions containing complaints o

miscellaneous nature. These petitions included cases of requests for providing financial assistancfor community services, extension of welfare schemes and some problems faced by individual

belonging to SC/ST like non payment of their dues, denying facilities meant for SC/ST people, etc

a. Nineteen cases were received which sought financial assistance. Most of these caserelated to matters like construction of houses, providing financial assistance to SC/ST

compensation due to loss of property in fire, help for higher education, training course

establishment of village or small scale industries, etc. All cases have been taken up with th

concerned authorities for taking necessary action. In addition to this fourteen cases relatinto community services were received in the Commission, out of which five cases relate t

activities of Societies, cleanliness and providing basic facilities to SC/ST. Cases have bee

taken up with the concerned authorities. In many cases replies are awaited. Four caserelated to digging of tubewells for SC/ST, hospital facilities, establishing of rest-houses an

developmental problems of SC/ST.

b. Cases regarding welfare schemes of SC / ST were also received in the Commissio

from SC / ST representationists of various States / UTs. In many of these cases, th

representation was regarding waiver of loan or enhancement of loan limit. These casehave also been taken up with the concerned authorities. In one case the concerned authorit

informed that the petitioner was not entitled to waiver of loan. In another case regardin

enhancement of loan limit, the Commission did not take any action as the petitioner ha

requested the Commission to approach the bank authorities for enhancement of bank loan

which the Commission feels, is outside its working area.c. A case regarding penalty imposed on a Scheduled Caste L.P.G. dealer was received

The case was taken up with the principal, i.e., M/s Bharat Petroleum Ltd. The Compan

informed that the dealer was involved in malpractices and was issuing irregulaunauthorised gas connections and that was the reason why penalty was imposed. Th

Commission did not find any reason to pursue the matter further.

d. Other cases received were regarding such matters as providing electricitconnections and allotment of land, etc., to persons belonging to SC/ST. The requests hav

- 38 -


39/135

been taken up with the concerned authorities for suitable action although they are not case

of violation of any safeguard or right.e. Four cases regarding illegal and forceful occupation of shops of SC persons b

higher caste people were received. Out of these four cases one was sub-judice. Other case

were referred to concerned authorities for suitable action.

f. The Commission received 22 petitions regarding general problems of SC/ST. Moof the cases were regarding alleged harassment of SC/ST over different matters such a

non-payment of salaries, some demands of SC/ST and developmental problems, etc. A

the cases were referred to State Governments or the authorities concerned for suitablaction except for one case which did not fall under the purview of this Commission. Fina

replies in the above cases are still awaited.

g. Two petitions regarding provision of better drinking water facilities to SC/ST weralso received. Both the cases were taken up with concerned authorities for suitable action.

h. A case regarding death of tribals in Madhya Pradesh allegedly due to malaria wa

received in this Commission. It could not be established that the deaths had occurred due t

malaria but were caused by different ailments and old age. However, the State Governmen

has been advised to take up concerted programmes for these primitive tribals for whomnothing much seems to have been done. A case was received regarding removal of a liquo

godown. The concerned District Magistrate was requested to take necessary action in thmatter.

i. A complaint was received regarding cheating of a SC person on the pretext o

giving employment to his daughter. The petitioner was advised to approach the locapolice.

j. Maintenance of cleanliness in a SC basti was the subject matter of another petitio

received. The District Collector was requested to take suitable action.k. Case regarding cancellation of traveling agency belonging to a SC person wa

received. The matter was taken up with the concerned authority (Indian Airlines) and it wa

found that the petitioner himself was involved in malpractices and had no prima facie casfor the Commission to take any further action.

Preference in allotment of Distributive agencies/dealership for petroleum products

Article 46 included among the Directive Principles of State policy provides: "The Stat

shall promote with special care the educational and economic interests of the weakesections of the people, and in particular, of the Scheduled Caste and the Scheduled Tribe

and shall protect them from social injustice and all forms of exploitation".

Article 15(4) empowers the State to make any special provision for the advancement of an

socially and educationally backward classes of citizens or for Scheduled Castes an

Scheduled Tribes. Efforts made in the country for the development of Scheduled Castes and Scheduled Tribe

have not resulted in bringing about substantial improvement in their economic conditio

primarily on account of the enormity of the problem. One such area of support is in thmatter of providing dealerships to them in the commodities over which the State exercis

control.

Then Ministry of Petroleum, Chemicals and Fertilizers introduced reservation of 25% i

dealerships for Scheduled Castes and Scheduled Tribes in September 1977. From

- 39 -


40/135

September 1977 to June 1980 advertisements for dealership were common for a

categories with preference to applicants belonging to Scheduled Castes and ScheduleTribes, subject to other things being equal. The Ministry revised guidelines in June 198

and it was desired that locations for new dealerships to be allotted to Scheduled Caste an

Scheduled Tribe persons may be predetermined by the industry and a roster maintaine

State wise. There are four Public Sector Corporations engaged in Petroleum activities, vizIndian Oil Corporation Ltd; Hindustan Petroleum Corporation Ltd; Bharat Petroleum

Corporation Ltd; and Indo-Burma Petroleum Ltd. These four Corporations allot th

dealership/distributive agencies for petrol, diesel, Superior Kerosine Oil and L.P.G. etc25% of all these dealerships are reserved for Scheduled Castes and Scheduled Tribes.

Further keeping in view of the fact that the majority population in Arunachal PradeshMeghalaya, Nagaland and Mizoram belong to Scheduled Tribes, the percentage reservatio

of dealerships etc. for Scheduled Tribes in these

The Indian oil Corporation began implementing reservation orders from the year 1974 foall their agencies/dealership excepting 'B' site retail outlets i.e. dealer owned and dealer

operated outlets. Other companies were nationalised later and reservation in dealershi

allotment was made effective in respect of these companies only from 23-9-77. The Government has accepted reservation in allotment of quotas in dealership in petroleum

products. In this regard the first step would be to ensure that these opportunities are broughto the notice of aspirants SC & ST who are actually potential beneficiaries. It will also b

necessary to suitably modify the terms and conditions of the agency which may vary from

one area to another depending on the general socioeconomic conditions in each case so thaadequate number of potential candidates come forward to take up the agencies. Particularl

in the more backward areas even the relaxed conditions may be quite stiff. Therefore, t

workout a system of assistance directly or in collaboration with other institutions to enablthose who do not have their own resources to come into this business. When any individua

SC/ST may take any agency he must be helped to stabilise himself in the area which i

unknown to him. The above mentioned steps are taken and carefully looked after by thinstitution/Government. In this way the constitutional obligation has been fully discharged

Ministry of Petroleum and Natural Gas has issued letter to four PSUs saying thareservation will be provided to the members of Scheduled Castes/Scheduled Tribes in th

matter of engaging road transport trucks for movement of all petroleum products such a

LPG, HS/HSD, BKO, Lubes etc. in bulk or packed by the Public Sector Oil CompaniesThe percentage of reservation will be 15% and 7 1/2% for Scheduled Castes and Schedule

Tribes respectively on all India basis. The Scheduled Caste./Scheduled Tribe member

should, however, fulfill all tender conditions and they will not be eligible for any pricpreference or relaxation of standards. If adequate numbers of Scheduled Caste/Schedule

Tribe candidates are not available in any particular year the unfilled quota may be allotte

to the unreserved categories in that year. However, the unfilled quota may be carrieforward to the next tender also and offered to Scheduled Caste/Scheduled Tribe candidate

If the quota of the previous tender is not filled even in the next tender, the unfilled quota o

the previous tender may be de-reserved and allotted to general categories. This reservatiopolicy was to be made operative w.e.f. 18.8.1994 and was to be made applicable to a

future cases where new transportation agreements have to be concluded by the o

companies.

- 40 -


41/135

Eleven representations were received regarding allotment of dealership/agencies for L.P.Gin the Commission. In seven cases requests were made by the representations that thei

cases may be recommended by the Commission or the Commission recommend for granof dealership. It does not come within the purview of the Commission to recommend case

for dealership agencies without any specific and valid grounds of violation/deprivation o

economic or any type of safeguards for SC/ST. Four cases have been taken up with thauthorities.

- 41 -


42/135

DUTIES

AND

RESPONSIBILITIES

Reservation Policy

Documents

state funds

state of union territory

grounds of religion

place of public entertainment

government of india

matters of public employment

territory of india ounder

public restaurants