RESERVATION IN SERVICE

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RESERVATION IN SERVICE

• PREPARATION AND MAINTENANCE OF ROSTERS
• (Prepared by Savithri S Mani)

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How we are governed

• Constitutional Provisions
• Acts of Parliament
• Statutory Rules
• General Guidelines

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ARTICLE 16 of CoI

• Clause 1 There shall be equality of
  opportunity for all citizens in matters relating
  to employment or appointment to any office under
  the state
• Clause 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 any
  employment or office under the state

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ARTICLE 16 of CoI

• (3) Nothing in this article shall prevent
  Parliament from making any law prescribing, in
  regard to a class or classes of employment or
  appointment to an office under the Government of,
  or any local or other authority within, a State
  or Union territory, any requirement as to
  residence within that State or Union territory
  prior to such employment or appointm

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ARTICLE 16 of CoI

• (4) Nothing in this article shall prevent the
  State from making any provision for the
  reservation of appointments or posts in favour of
  any backward class of citizens which, in the
  opinion of the State, is not adequately
  represented in the services under the State.

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Reservation in Promotion

• (4A) Nothing in this article shall prevent the
  State from making any provision for reservation
  in matters of promotion, with consequential
  seniority, to any class or classes of posts in
  the services under the State in favour of the
  Scheduled Castes and the Scheduled Tribes which,
  in the opinion of the State, are not adequately
  represented in the services under the State.

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ARTICLE 16 of CoI

• (4B) Nothing in this article shall prevent the
  State from considering any unfilled vacancies of
  a year which are reserved for being filled up in
  that year in accordance with any provision for
  reservation made under clause (4) or clause (4A)
  as a separate class of vacancies to be filled up
  in any succeeding year or years and such class of
  vacancies shall not be considered together with
  the vacancies of the year in which they are being
  filled up for determining the ceiling of fifty
  per cent. reservation on total number of
  vacancies of that year.

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All India Basis Open Competition

• Any recruitment through UPSC or by means of
  written examination by SSC or any other authority
  falls in this Category. Thus, as long SSC or for
  that matter any Authority holds a written
  competitive Examination, it is called All India
  Basis by Open Competition. But if UPSC (only
  UPSC) undertakes recruitment without a written
  competitive examination i.e. by interview alone
  even then it fall in this category

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All-India basis otherwise than open competition

• Recruitment by any authority other than UPSC, by
  not conducting a written competitive test. For
  example, if Staff Selection Commission is holding
  a recruitment by not holding a written
  competitive exam, the recruitment is All India
  basis otherwise than open competition

10
Local or Regional Recruitment

• Central Government also undertakes direct
  recruitment on local or regional basis and the
  recruitment thus is not on All-India basis. In
  this only candidates domiciled in the particular
  region or locality can apply. Normally, such
  recruitment takes place to Group C posts in
  Central Government Offices located in a State or
  adjoining States.

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Scope and Applicability of RIS

• All Posts and Grades
• Industrial Workers
• Work Charged Posts
• Daily Rated Staff
• Casual Workers
• Scientific and Technical Posts all Groups
  Unless specifically exempted
• Exemptions.

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Exemptions and Exclusions

• Scientific Technical Posts
• Posts above the lowest rung of Group A
• Classified as Scientific Technical in terms
  of Cabinet Secretariat OM Dated 28th December,
  1961.
• These posts should be conducting research or
  organizing, guiding and directing research
• Should be approved by Minister-in-Charge of
  Administrative Ministry.

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Exemptions and Exclusions

• Armed Forces of the Union
• Personal Staff of President and Ministers
• Promotion to grades where element of Direct
  Recruitment exceeds 75
• Temporary appointments of less than 45 days
  duration
• Work charged posts for emergencies like flood
  relief work, accident restoration and relief etc.
• Transfer on deputation Fair proportion of posts
  to be filled by SC / ST.

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Effects of Certain Events

• Schedule Caste Hindu or Sikh
• Schedule Tribes Religion No Bar
• Effects
• Conversion (SC) Loses benefit (except Buddhism)
  (to be intimated to appointing authority)
• Conversion (ST) No effect
• Reconversion Gets back benefit , if accepted by
  the Society fresh certificate required

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Effects of Certain Events

• Marriage No effect Children may get
• Migration No effect
• Adoption Depends on the status of the legal
  parents.

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Reservation In Service Principles For
Preparation Of Roster

• Neither seniority nor merit
• Objectives
• Reservation to be kept within the prescribed
  percentage
• Not to exceed 50 of the cadre
• Example Only when complete number is obtained,
  point is earmarked or in other words fraction is
  ignored. (Our of 100 points only 7 points for ST)
• Separate roster for promotion and direct
  recruitment

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Mode of Recruitment - Examples

• Direct recruitment.
• All India basis open competition.
• Otherwise than all India basis open competition.
• Regional recruitment.

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Mode of Recruitment - Examples

• Promotion.
• Non-selection.
• Selection-cum-seniority.
• Selection by merit.
• L.D.C.E.

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ExampleSection Officer (Central Secretariat
Service)
Grade Method of Recruitment Mode of Recruitment Mode of Recruitment
Section Officer 80 by Promotion 40 by Limited Departmental Competitive Examination 40 by non-selection
20 by Direct Recruitment All India Basis Open Competition All India Basis Open Competition
No. of Rosters 3
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Principles

• No. Of posts no. Of posts in the cadre
• Cadre no. Of posts to be filled by a particular
  mode of recruitment
• Posts to be filled on deputation and absorption
  to be excluded
• Cadre Strength Upto 13 Posts Either Grouping or
  the L shape Roster
• Per Centage depends on mode of recruitment

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Percentage
Mode of Recruitment Per Centage Per Centage Per Centage
Mode of Recruitment SC ST OBC
AIBOC 15 7.5 27
Otherwise Than AIBOC 16-2/3 7.5 25.83
Regional Rectt. According to proportion of population According to proportion of population According to proportion of population
Promotion In all the cases Uniform percentage 15 7.5 Ni.
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Lets take a break and do this

• Preparation of a new Reservation Roster - In ABC
  organisation 25 posts of Data Entry Operator have
  been created. The recruitment Rules for the
  grade provide for 75 Direct Recruitment, 25 by
  Transfer on Deputation / Transfer. Please
  prepare a new reservation roster for filling up
  the vacancies by Direct Recruitment through All
  India Basis Open Competition

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Steps for Preparing a Roster

• Work out the No. of Rosters Required depending on
  the mode of recruitment
• Work out the no of points in the roster
• Earmark the serial number of the post for
  entitled category based on the prescribed per
  centage
• Multiply each post by the prescribed percentage
• When a community obtains a complete number or
  oversteps the number reserve that post to that
  community
• Take care to evenly space out the different
  reserved categories

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Steps for preparation of roster (contd)

• In case of clash allocate the point to the
  community as per principles followed in the model
  roster
• See whether squeezing is to be resorted
• While resorting to squeezing ensure that it does
  not exceed the prescribed per centage for
  entitled category and 50 limit
• Whenever there is any increase or decrease in the
  cadre strength or change in the proportion of
  points due to amendment in the recruitment rules,
  the roster shall be correspondingly expanded or
  contracted

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Dealing With Clash in the Middle of Roster
Between Two Communities

• Check whether communities having clash have been
  represented earlier. In case this is the first
  entitlement of any one of the communities,
  earmark the post to that community (e.G. Point
  no.14)

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Dealing With Clash in the Middle of Roster
Between Two Communities

• If this is not the first entitlement of the
  communities having clash, then compare fractions.
  Community having higher fraction will get the
  allotment (point no. 27)

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Dealing With Clash in the Middle of the Roster
Between Two Communities

• If fraction is not comparable, then see which
  community has immediate earlier representation.
  Allot the post to the community not having
  immediate earlier representation. (Point no. 40,
  80, 100 etc.)

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Dealing With Clash in the Middle of the Roster
Between Two Communities

• Shift the other community to the subsequent point
• If there is a clash in the subsequent post also,
  earmark the post to the community which is
  brought forward from the previous post. Shift
  the third community to the next post. (Point no.
  15, 41 etc.)

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Clash Among Three Communities

• Check whether the communities having clash have
  been represented earlier. In case this is the
  first entitlement of any one of the communities,
  earmark the post to that community.

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Clash Among Three Communities

• If this is not the first entitlement for the
  communities having clash, then compare the
  fractions. Community having higher fraction will
  get the allotment (point 67)

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Clash Among Three Communities

• If fraction is not comparable, see which
  communities have immediate earlier
  representation. Allot the post to the community
  which do not have immediate earlier
  representation (point 200)

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Clash Among Three Communities

• Shift the remaining two communities to the
  subsequent points. While shifting compare the
  fraction in the subsequent post also. Community
  having higher fraction will get weightage
• Shift the third community to the next post

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Clash When Two Communities Have the Same Per
Centage

• SC, ST and OBC in that order.
• This was the order in which reservation was
  introduced
• In the old 200 pt. 40 Pt. and 120 Pt. Also this
  was the sequence followed.
• (Regional roster for Madhya Pradesh SCs 15 ST
  20 OBC 15)

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Clash Between Two Communities at the End of the
Roster - Squeezing

• Squeezing is to be done only at the end of the
  roster, in order to ensure that all the
  categories are given representation in accordance
  with the prescribed per centage and entitlement
• Between two communities
• Move one step upward and compare the fractions of
  that post. Community having higher fraction will
  get the entitlement. (Point No. 14, 100 etc.)
• If the post is already occupied by some other
  community, shift that community one step backward
  and follow the procedure given above. (Point No.
  15, 27 etc.)

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Clash Among Three Communities at the End of the
Roster - Squeezing

• Move two steps upward and compare the fractions
  of that post. Community having highest fraction
  will get the entitlement. Allot the point to that
  community. (Point no. 67, 200 etc.)
• Move to the subsequent point below that. Compare
  the fractions of the remaining communities.
  Allot the point to the community having higher
  fraction

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Clash Among Three Communities at the End of the
Roster - Squeezing

• Allot the last point to the third community
• While doing so ensure that the total
  representation do not exceed 50
• While recasting a roster due to expansion or
  contraction of roster, squeezing or desqueezing,
  as the case may be, may have to be done.

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Order of Preference to Resolve Clash

• Community having no representation so far
• Community having higher fraction and
• If fraction not comparable, community not having
  immediate representation in the earlier posts
• If all the above fails, SC, ST and OBC (The order
  in which reservation was introduced)

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Principles for Operation of a Roster

• To be operated on the principle of replacement
• Not a running account
• SC / ST / OBC appointed on their own merit not to
  be shown against reserved points
• Candidates who have sought relaxations like
  age, standard, experience, no. of chances,
  extended zone of consideration etc. will be shown
  against reserved points. (Fee concession is not
  included in this category)

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Principles for Operation of a Roster

• For small cadres (cadres which do not have
  sufficient no. of posts for giving at least 1
  representation to each category) initial
  recruitment shall be by the category for which
  the posts is earmarked. Replacement will be by
  rotation as shown horizontally against the cadre
  strength applicable.
• Relevant rotation is to be skipped if it exceeds
  50 limit.

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Initial Operation

• Existing employees name to be entered in
  chronological order
• Enter the remark utilized by SC / ST / OBC/ Gen
• SC / ST / OBC candidate appointed on own merit
  not to be counted toward reservation.
• Excess representation if any, of the categories
  or it the representation exceeds 50, to be
  adjusted through future appointments
• Rectification of representation in Direct
  Recruitment and Promotions, in case of temporary
  diversion.

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Carry Forward and Exchange

• Exchange between SC / ST or vice versa is not
  permissible
• Procedure to be followed in direct recruitment
• Ban on dereservation
• When sufficient candidate not available in the
  first attempt, second attempt to be made in the
  same recruitment year or as early as possible
  before the next recruitment
• If not available, treat them as backlog
  vacancies

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Carry Forward and Exchange(2)

• In the subsequent recruitment year, Current
  Vacancies (CV) and backlog vacancies of OBC
  (BLOBC) to be treated as one group.
• Vacancies of SCs and STs (BLSC/ ST) as a separate
  and distinct group
• 50 limit to apply on the CVBLOBC
• No such limit on BLSC/ST
• This procedure to continue indefinitely except
  in
• Group A Service

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Carry Forward and ExchangeProcedure in Group A
Service

• Proposal with full justification to be prepared
• Comments of National Commission for SC/ST (In
  case of SC/ST vacancies) and National Commission
  for Backward classes (in case of
• OBC Vacancy)
• Comments to be placed before a committee
  comprising of Secretaries of DOPT, M/Social
  Justice and Administrative Ministry
• Recommendation of the Committee to be placed
  before Minister Incharge of DOPT

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Carry Forward and ExchangeProcedure in case of
Promotion

• Promotions upto lowest rung of Group A attempt
  to be made for dereservation
• If dereservation is not possible due to
  non-availability of suitable candidates in other
  categories, vacancies to remain as unfilled and
  will be treated as backlog vacancies
• CV and BLSCST two distinct group
• 50 limit will apply only on CV

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Carry Forward and Exchange SMALL CADRES

• When a vacancy is dereserved, reservation to be
  carried forward
• Carry forward permitted for three subsequent
  recruitment years
• After third year of carry forward, reservation
  will lapse.

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CALCULATION OF VACANCIES

• WORK OUT THE VACANCIES TO BE FILLED BY EACH MODE
  OF RECRUITMENT
• WORK OUT IF THERE IS ANY CHANGE IN THE NUMBER OF
  POSTS TO BE FILLED BY EACH MODE OF RECRUITMENT AS
  COMPARED TO THE PREVIOUS RECRUITMENT YEAR
• IF SO PREPARE A NEW RESERVATION ROSTER AS PER
  DOPT GUIDELINES
• DRAW UP A ROSTER EQUIVALENT TO THE NUMBER OF
  POSTS TO BE FILLED BY EACH MODE OF RECRUITMENT

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CALCULATION OF VACANCIES

• Arrange the employees in the order of date of
  joining irrespective of the category to which
  they belong
• Plot their names in the roster in that order
• Work out number of vacancies
• Tally representation
• If excess, adjust the excess representation

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CALCULATION OF VACANCIES

• If there is no change in the number of posts to
  be filled by each mode of recruitment, work out
  the reserved vacancy based on the existing roster
• In both the above case also take into account ph
  reservation

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HORIZONTAL AND VERTICAL RESERVATION

• Work out ph reserved vacancies for the group as a
  whole
• Ascertain in which post reservation is to be
  provided
• Work out reservation for SC/ ST/ OBC (in case of
  DR)
• While notifying vacancy for this post indicate
  that so many posts would be reserved for a
  particular category

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HORIZONTAL AND VERTICAL RESERVATION

• Also indicate sub-category of ph reservation
• On joining of the ph candidate show her / him
  against the respective category (SC / ST / OBC/
  GEN) depending on the status of the candidate

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Thanks