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 -

CONSTITUTIONAL PROVISIONS


The State

Article 12

The State includes the Government and Parliament of India and the Government and the
Legislature of each of the State and all local or other authorities within the territory of India or
under the control of the Government of India.

Article 46

The state shall promote with special care the educational and economic interests of the weaker
section of the population, and particular the SCs and STs and shall protect them from social
injustice 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 laws
within the territory of India.

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

Article 15:

(1) The State shall not discriminate against any citizen on grounds only of religion, race,
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 of
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 maintained
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 for
women and children.

- 2 -

(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making
any special provision for the advancement of any socially and educationally backward
classes 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 employment
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, any
employment or office under the State.

3. Nothing in this article 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 of Union territory, prior to such employment or
appointment.

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

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.

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 (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 that year.

5. Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination.

- 3 -


Amendment:

Clause (4A) was inserted by the Constitutional amendment (77
th
and 92
nd
amendment Act, 1995
(92
nd
amendment was made effective from 17-06-1995).
Clause (4B) was inserted by the Constitutional amendment (81
st
amendment Act, 2000)
(Circulated vide Government of India, Department of Personnel & Training O.M. No. 36012/5/97-
Estt.(Res.)Vol.II dated 20
th
J uly, 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 into
consideration, consistently with the maintenance of efficiency of administration, in the making of
appointments 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 of
the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the standards of evaluation, for reservation in matters
of promotion to any class or classes of services or posts in connection with the affairs of the
union or of a State.

Amendment:

Above quoted para was inserted by the 82
nd
Constitutional amendment Act, 2000.
(Circulated vide Government of India, Department of Personnel & Training O.M. No.
26012/23/96-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 providing
guidelines for certain relaxations / concessions in the matter of qualifying marks /
standards of evaluation of performance in favour of candidates belonging to SCs / STs
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 in
Article 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 of
SCs/STs vide Govt. of India, Deptt. of Per. & Trg. O.M.dated 3
rd
October, 2000.
- 4 -

Schedule Castes:

Article 341:

(1) The President may, with respect to any State or Union territory, and where it is a State,
after consultation with the Governor thereof, by public notification, specify the castes,
races or tribes or parts of or groups within castes, races or tribes which shall for the
purposes of this Constitution be deemed to be Scheduled Casts in relation to that State or
Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in
a notification issued under clause (1) any caste, race or tribe, or part of or group within any
caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not
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, after
consultation with the Governor thereof, by public notification, specify the tribes or tribal
communities or part or groups within tribes or tribal communities which shall for the
purposes of this Constitution be deemed to be Scheduled tribes in relation to that State or
Union territory, as the case may be.

(2) Parliament may be law include in or exclude from the list of Scheduled Tribes specified in
a notification issued under clause (1) any tribe or tribal community or part of or group
within any tribe or tribal community, but save as aforesaid a notification issued under the
said clause shall not be varied by any subsequent notification.











- 5 -




ISSUE
AND
VERIFICATION
OF
CERTIFICATE
- 6 -

ISSUANCE AND VERIFICATION OF CERTIFICATE
DEFINITION 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 he
belongs to the to a Caste or a Tribe which has been declared, under any of the following orders, to
be a Scheduled Caste or a Scheduled Tribe for the area of which she / he is a resident:

1. The Constitution (Scheduled Castes) Order, 1950
2. 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 by
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 ( J ammu and Kashmir) Scheduled Castes Order, 1956;
11. The Constitution ( Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, as
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 (J ammu 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 Backward
Class, 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 the
purpose. No other certificate to be considered as sufficient proof. In case of an OBC candidate in
addition of certificate the candidate his also required to submit the declaration as given below:

I____________ son / daughter of Shri _________________ resident of village / town / city
_________________ district ____________________ state ________________ hereby declare
- 7 -

that I belong to the ______________ community which is recognized as backward class by the
Government 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 not
belong to persons / sections (Creamy Layer)mentioned in column 3 of the Schedule to the above
referred 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 the
certificate, even in the prescribed format by the authorized authority, must be verified by the
Appointing Authority. In all such appointments, the appointing authority must include following
clause in the offer of appointment

The appointment is provisional and is subject to the caste / Tribe certificate being verified
through the proper channels and if the verification reveals that the claim to belong to Schedule
Caste or Schedule Tribe, as the case may be, is false, the services will be terminated forthwith
without assigning any further reason and without prejudice to such further action as may be
taken 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 be
eligible for the benefits of reservation on account of he being covered in the ambit of creamy
layer, the appointing authority should include following clause in the appointment letter to the
candidates belongs to OBC.

The appointment is provisional and is subject to the caste / Tribe certificate being verified
through the proper channels and if the verification reveals that the claim to belong to Other
Backward Class or not to belong to creamy layer, is false, the services will be terminated
forthwith without assigning any further reason and without prejudice to such further action as
may 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 the
authorities prescribed for the purpose, he or she may be appointed provisionally on the basis of
prima facie proof he or she is able to produce at the time of making such claim. However, such
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 is
genuine difficulty in obtaining a certificate, the appointing authority should himself / herself verify
the claim through the District Magistrate concern such that appointment of a SC or ST candidate
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 candidate
through the District Magistrate of the place where the candidate or his family belongs to.
Necessary action shall be taken by the appointment in case such claim found false as per the rules
laid down.



- 8 -

VERIFICATION OF CERTIFICATE IN CASE OF PROMOTION

The appointing authority should verify the Caste status of a SC / ST employee again at the time of
promotion against the reserved vacancy for SC / ST. Caste / Community to which the SC / ST
employee, place to which he belongs to and name of State should be pasted on the top of his
Service Book, personal file or any other relevant documents covering its employee to facilitate
such verification.

An employee, whose Caste / Tribe has been de-scheduled from the list after his initial appointment
as a SC or a ST candidate, is no longer entitled for the benefits of reservation in promotions. This
Caste verification is necessary at all important event so that benefits of reservations and other
schemes of concession etc. which are basically meant for the person actually belongs to SC / ST
should go to the rightful claimants
.
INTIMATION OF CHANGE OF RELIGION

A member of Schedule Caste should profess Hindu or Shikh or Bhudhist religion. No member
professing 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 belongs
to Schedule Caste that they should inform about the change, if any, of the religion to their
appointing 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 the
Presidential Orders specifying the Scheduled Castes and Scheduled Tribes in relation to the
concerned state;
The person belongs to the State and to the area within that State in respect of which the
community has been scheduled;
The person claims to be a Scheduled Caste should profess Hindu, Sikh or the Budhist
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 is
scheduled to another part of the same State in respect of which his community is not
- 9 -

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 only
in relation to the state to which he originally belongs to and not in respect of the state to
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 a
ST merely because he or she married person belongs to a SC or a ST. Conversely, a person
belongs to a SC or a ST will continue to be a member of a SC or a ST even after his her
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 member
of a SC or a ST, then children of such couple shall not be considered a member of a SC or a
ST.

D. Cases of Conversion and Re-conversion

A person when converted to a religion other than Hinduism, Sikhism or Buddhism and then
re-converted himself to back to Hinduism, Sikhism or Buddhism, he will be deemed to be
reverted to his original Scheduled Caste, if he is accepted by the member of that particular
caste as one among them.

Successor of a person when re-converted himself to back to Hinduism, Sikhism or
Buddhism, mere re-conversion will not make such successor entitled to be a member of a
Schedule Caste to which his forefather belongs to. Such person shall have to establish that
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 been
adopted by a person who is a member of scheduled caste. However, before issuing the
caste certificate, it has to be established clearly validity of such adoption by cogent and
reliable evidence. Further, following aspects must be ensured before entrusting entitlement
to such person, a member of scheduled caste.

The validity of adoption should be as per the Hindu Adoption and Maintenance Act, 1956.
The actual giving and acceptance of the child in adoption is a mandatory requirement and
thereafter, the adopted child is deemed to be the child of his or her adoptive parents for all
purposes and the adopted child severs all ties with the family of his or her birth.
Ordinarily, 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 -


The certificate issuing authority should satisfy himself that all the requirements of law have
been complied with before deciding upon issue of certificate. Further, he should also take
into account, the behaviour of the child after adoption, whether the child physically lives
and supported by his adoptive parents and the child receives no financial help from his
original parents.
In case of adoption of a married person or a person of the age of 15 years or more, the
certificate shall be required to be given by the District Magistrate who shall after making
due inquiries with respect to the validity of adoption and whether such adoption is
permitted by the customs or usage applicable to the parties make an endorsement to this
effect on the certificate. He has to further verified that all other conditions for a valid
adoption including the physical transfer of person to the family of adoptive parents and that
the 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 as
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 people
belonging to the specific community residing in a specific area, which has been assessed to
qualify for the scheduled caste and scheduled tribe status, only are benefited. It is possible
that a person belonging to the same caste but residing in different States or Union
Territories or in different area of same State may not be treated a member of scheduled
caste or scheduled tribe. It is therefore residence of a person in a particular locality/area in
a State or Union Territory assumes a special significance. For the purpose of a person to
be a member of SC or ST, his residence shall be his permanent residence on the date of
notification of the Presidential Order scheduling his or her caste /tribe in relation to that
locality/area. Thus a person who is temporarily away from his permanent place of abode
at the time of the notification of the Presidential Order, shall be entitled to be a member of
SC or ST if his caste or tribe has been specified in that order in relation to his locality/area
in his State / Union Territory of his permanent address. However, he shall not be entitled
to 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 Presidential
Order in respect of that area.

To ensure authenticity of permanent residence and that of caste/tribe, proper verification
must be carried out primarily based on revenue records and if needed be, through reliable
enquiries. The competent authority issuing such certificate, therefore, should be the one
concerned with the locality in which the person applying for certificate had his place of
permanent residence at the time of notification of Presidential Order. Thus the competent
authority of one district would not be competent to issue such certificate in respect of a
person belonging to another district, nor can such authority of one State or Union Territory
can issue such certificate in respect of a person whose place of permanent residence at the
- 11 -

time of the notification of a particular Presidential Order, has been in a different
State/Union Territory.

In the case of persons born after the date of notification of the relevant Presidential Order,
the place of residence for the purpose of acquiring Scheduled Caste or Scheduled Tribes
status, is the place of permanent abode of their parents at the time of the notification fo the
presidential 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 seal
continues to be a valid document till it is cancelled by the said authority or by his superior
authority.
Their contents are to be treated as correct and every public authority, undertakings, bodies,
institutions, etc., which are bound by instructions relating to such certificates, are bound to act
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 District
Collector, as the case may be, to verify whether the certificate as issued could be still valid, on
materials which have since come to their knowledge. They can appear in the verification
enquiry and place the materials.
If the certificate is cancelled, then disciplinary proceedings can be initiated for having
furnished false information.
Appointing Authorities have the right to verify the genuineness of the certificates by
approaching the District Magistrate Collector of the District or such other constituted
authority and once the report is received that the certificate is genuine, thereafter the certificate
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 by
the competent authority, it is for the Collector and not the individual to prove that the
certificate was not obtained correctly but by misrepresentation. In all such cases,
individual should not be asked to provide evidence once again in support of his claim and
contents of the community certificate obtained by him earlier. The High Court has made a
similar observation that After a valid certificate is issued, the onus is on the authorities to
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 reasonable
opportunity to justify the genuineness of community claimed by him before a report is sent
to the concerned officer seeking clarification/verification.
- 12 -

If it is found that community certificate is issued by a sub-ordinate officer is false and that
the 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 been
obtained through misrepresentation, action has to be taken against both individual as well
as the officer concerned under the relevant provisions of IPC. In case of official action
under IPC would be taken where the certificate has been issued carelessly or deliberately
without proper verification. Administrative action will also have to be taken against such
official for issue of such false certificate. Before resorting to above, the person shall be
given reasonable opportunity to justify the genuineness of community claimed. A copy of
such cancellation order to be sent to the appointing authority etc. who has referred the
matter 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 in
Dept. of Per. & A.R., Letter No. 36012/6/76-Est. (S.C.T), dated 29-10-1977, to be produced by a candidate
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*.in
District/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 of
Himachal Pradesh Act, 1970, the North-Eastern Areas (Reorganization) Act, 1971 and the
Scheduled Castes and Scheduled Tribes Orders ( Amendment) Act, 1976.)
*The Constitution ( J ammu and Kashmir) Scheduled Castes Order, 1956;
*The Constitution ( Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, as amended by
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 -

* 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 (J ammu 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 certificates
issued to Shri/Shrimathi*................................father/mother* of
Shri/Shrimathi/Kumari/..................of village/town*..........................in
District/Division*........................... of the State/Union Territory*...........................who belong to
Caste/Tribes* which is recognized as a Scheduled Caste/Scheduled Tribes* in the State/Union
Territory*..........................issued by the.................,.dated ...............................


3. Shri/Shrimathi*/Kumari*.............................. and/or* his/her* family ordinarily reside(s) in
village/town*............................ of ................................... District/Division* of the State/Union
Territory* 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 the
People Act, 1950.

*Please delete the words which are not applicable.

- 14 -

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 of
verification

1. District Magistrate/Additional District Magistrate/Collector/Deputy
Commissioner/Additional Deputy Collector/1st Class Stipendiary
Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive
Magistrate/Extra Assistant Commissioner.
2. Chief Presidency Magistrate/Additional Chief Presidency
Magistrate/Presidency Magistrate.
3. Revenue Officer not below the rank of Tehsildar.
4. Sub-Divisional Officer of the area where the candidate and/or his
family normally resides.
- 15 -


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 village
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 the
10
th
September, 1993, published in the Gazette of India, Extraordinary, Part-I, No 186,
dated the 13
th
September, 1993.
2. Government of India, Ministry of Welfare, Resolution No. 12011/9/94-BCC, dated the
19
th
October, 1994, published in the Gazette of India, Extraordinary, Part-I, Section I, No.
163, dated the 20
th
October, 1994.
3. Government of India, Ministry of Welfare, Resolution No. 12011/7/95-BCC, dated the
24
th
May, 1995, published in the Gazette of India, Extraordinary, Part-I, Section I. No. 88,
dated the 25
th
May, 1995.
4. Government of India, Ministry of Welfare, Resolution No. 12011/44/96-BCC, dated the
6
th
December, 1996, published in the Gazette of India, Extraordinary, Part-I, Section I. No.
210, dated the 11
th
December, 1996.

Shri ... and/or his family ordinarily resides in the
District/Division of the State. This is also to certify that he/she does not
belong to the persons/sections [Creamy Layer] mentioned in Column 3 of the Schedule to the
Government of India, Department of Personnel and Training, O.M. No. 36012/22/93-Estt. [SCT],
dated 8-9-1993.



District Magistrate,
Deputy Commissioner, etc.



Date:
SEAL


Strike out whichever is not applicable.
- 16 -




CONCESSION
AND
RELAXATION
- 17 -


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 five
years in the case of candidates belonging to Scheduled Castes and Scheduled Tribes. Relaxation
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 the
physically handicapped person belongs to SC / ST category over and above the age relaxation
of 5 years admissible to them as SC / ST.
Fee Concession:
Scheduled Castes and Scheduled Tribes candidates are exempted from payment of fees prescribed
for 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 in
the recruitment rules. Similarly, when a minimum number of marks or a minimum grade is also
prescribed as part of the educational qualification, the minimum marks / grade so prescribed shall
also uniformly apply to all candidates including SC and ST candidates. However, relaxation is
available:
(a) Minimum standard In case of direct recruitment through an examination or an interview, the
selecting authority should determine the minimum standard for purpose of selection at the
examination / interview and selection is made according to the place or rank obtained in the
examination 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 are
not available to fill the reserved vacancies, then SC / ST candidates may be selected to the extent
of shortfall in vacancies by relaxing the minimum standard, provided that they are not considered
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 and
ST candidates fulfilling even the relaxed standards admissible in their cases are not available to fill
the vacancies reserved for them in non-technical and quasi-technical Group C and D services /
- 18 -

posts requiring to be filled by direct recruitment otherwise than by written examination (i.e. on the
basis of applications or nominations from Employment Exchange whether followed by interview
or not), the selecting authorities should, to the extent of the vacancies reserved for SC/ST
candidates, select for appointment. Such candidates will, on their appointment, be placed on
probation and the rules / orders regarding probation will apply to them. In order to bring such
candidates to the minimum standard necessary for the posts and for the maintenance of efficiency
of administration, they should be given in-service training in the officers of the Appointing
Authorities.
Relaxation in the period of experience prescribed to be indicated in the
advertisement/requisition:
When vacancies reserved for SCs and STs are advertised or intimated to the Employment
Exchange, it should be specifically mentioned in the advertisement / requisition that the period of
experience 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 aspirants
who may fall slightly short of the requisite experience come to know about the possibility of
relaxation in this regard.
The Appointing Authority should record the reasons for relaxing the qualifications regarding
experience in writing whenever such relaxation is granted.
In the case of direct recruitment wherein SC and ST candidates who are selected on their own
merit without relaxed standards along with the general candidates will not be adjusted against the
reserved vacancies. The reserved vacancies will be filled up separately from amongst the eligible
SC and ST candidates who are lower in merit than the last candidate in the merit test but who are
otherwise found suitable for appointment even by relaxed standards, if necessary.
Lower qualifying marks / lesser standard of evaluation for SC / ST candidates in any
departmental examinations:
The instructions providing for lower qualifying marks for SC/ST candidates in
departmental qualifying/competitive examinations for promotion were withdrawn. Similarly, the
DPC guidelines providing for consideration of SC/ST candidates without reference to merit and
the prescribed benchmark where also rescinded vide Order 38. However, the concession of
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, candidates
belonging to Scheduled Castes and Scheduled Tribes would be called for interview on a separate
day or a separate sitting of the Selection Committee.

- 19 -

General Pool Accommodation:
(1) SC and ST employees are entitled to a reservation of General Pool residential
accommodation to the extent of 10% in Types A and B and 5% in Types C and D in
Delhi and all the existing Regional Offices / Cells under the control of the Directorate of
Estates and Regional Offices that may be set up in future including stations where general
pool accommodation is being allotted by the CPWD.
(2) The officers should be entitled to allotment in their entitled type and in their turn from the
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 of
2:1 to the SC / ST employees respectively. In case, however, there is no SC employee
available, the quota reserved would be allotted to ST employees.
(4) SC / ST employees who are already in occupation of General Pool accommodation will not
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 employees,
the following procedure will be followed:
(i) In case sufficient applications from SC / ST employees are not available from the
applications for the current allotment year, fresh applications may be invited from SC / ST
employees.
(ii) A register for allotment of all clear vacancies will be maintained. A 60-point roster will
be maintained and points 10, 20, 40 and 50 for SCs and points 30 and 60 for STs, will be
allotted 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 allotted
to ST employees.
SC / ST employees will also be considered for allotment as per their turn along with other general
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 also
been extended to posts filled by promotion. Orders have been issued on 8
th
December, 1971, that
where an upper age limit not exceeding 50 years is prescribed for promotion to a service / post, it
shall be relaxed by five years in favour of Scheduled Castes and Scheduled Tribes except in posts
which have arduous field duties or are meant for operational safety or are in para-military
organisations.

- 20 -

Relaxation and concession at a glance

SC/ST OBC
1 Upper Age Limit 5 Years 3 Years

2 Upper age limit if the
candidate is handicapped
15 Years 8 Years
2

TA to attend Interview
Test
Reimbursable- By 2
nd
class-
shortest Route- To end Fro-
from nearest Railway station
to the place of interview /
Test.

Not applicable

3 Application Fee

Fully Exempted No exemption
4 Examination Fee Fully Exempted No exemption

5 Experience / Qualification
for Direct Recruitment
Relaxable at the discretion of
Competent 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 -





INSTITUTIONAL
SAFEGUARDS

- 22 -

National Commission for Scheduled Castes and Scheduled Tribes:
The Government has set up two separate National Commission and 18 Regional Commissions, in
accordance with the Constitutions. These Commissions are vested with certain powers to functions
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 National
commission for Schedule Caste and Schedule Tribes in the year 1992. Consequently vide 89
th

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 a
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 up
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 National
Commission for the Scheduled Castes.

(2) Subject to the provision of any law made in this behalf by Parliament, the Commission
shall consist of a Chairperson, Vice Chairperson and three other members and the
conditions of service and tenure of office of the Chairperson, Vice Chairperson and other
Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice Chairperson and other Members of the Commission shall be
appointed 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 -

(a) to investigate and monitor all matters relating to the safeguards provided for the
Scheduled Castes under this Constitution or under any other law for the time being
in force or under any order of the Government and to evaluate the working of such
safeguards;

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

(c) to participate and advise on the planning process of socio economic development
of the Scheduled Castes and to evaluate the progress of their development under
the Union and any State;

(d) to present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be taken
by the Union or any State for the effective implementation of those safeguards and
other measures for the protection, welfare and socio economic development of the
Scheduled Castes; and

(f) to discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Castes as the President may,
subject 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 along
with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the Union and the reasons for the non acceptance, if any, of
any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State
Government is concerned, a copy of such report shall be forwarded to the Governor of the
State who shall cause it to be laid before the Legislature of the State along with a
memorandum explaining the action taken or proposed to be taken on the recommendations
relating to the State and the reasons for the non acceptance, if any, of any of such
recommendations.

(8) The Commission shall, while investigating any matter referred to in sub clause (a) or
inquiring into any complaint referred to in sub clause (b) of clause (5), have all the
powers of a Civil court trying a suit and in particular in respect of the following matters,
namely:-


(a) summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
(b) requiring the discovery and production of any document;

- 24 -

(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 policy
matters affecting Scheduled Castes.

(10) In this article, references to the Schedule Castes shall be construed as including references
to such other backward classes as the President may, on receipt of the report of a
Commission appointed under clause (1) of article 340, by order specify and also to the
Anglo Indian community.

National Commission for Scheduled Castes constituted on 24.2.2004 and notified on 25.2.2004.
The 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 National
Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission
shall consist of a Chairperson, Vice Chairperson and three other Members and the
conditions of service and tenure of office of the Chairperson, Vice Chairperson and other
Members so appointed shall be such as the President may be rule determine.

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

(4) The Commission shall have the power to regulate its own procedure.
- 25 -


(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 along
with a memorandum explaining the action taken or proposed to be taken on the
recommendations relating to the Union and the reasons for the non acceptance, if any, of
any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matters with which any State
Government is concerned, a copy of such report shall be forwarded to the Governor of the
State who shall cause it to be laid before the legislature of the State alongwith a
memorandum explaining the action taken or proposed to be taken on the recommendations
relating to the State and the reasons for the non acceptance, if any, of any of such
recommendations.

(8) The Commission shall, while investigating any matter referred to in sub clause (a) of
inquiring into any complaint referred to in sub clause (b) of clause (5), have all the
powers of a Civil Court trying a suit and in particular in respect of the following matters,
namely;-

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



Committee of Parliament on Welfare of Scheduled Castes/Scheduled Tribes
In addition to the National and Regional Commissions for the schedule caste and Schedule Tribes,
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 15
members are nominated from Rajya Shbha. The Committee inter-alia examines the position
regarding representation of Scheduled Castes / Scheduled Tribes in the services under the various
Ministries and other government organisations and makes suitable recommendations for effective
implementation of policies and programmes concerning Scheduled Castes and Scheduled Tribes.
- 27 -






SERVICES
SAFEGUARDS


- 28 -

SERVICES SAFEGUARDS

The policy with regard to reservation of posts and services under the State in terms of Article 16(4)
of the Constitution of India continued for the Scheduled Castes and Scheduled Tribes both in
direct recruitment and promotions. Reservation for Socially and Educationally Backward Classes
was introduced with effect from 8-9-1993 as a part of implementation of the Mandal
Commission's recommendations. Efforts were intensified by the Government of India to increase
the representation of SC and ST in services under the Government of India, Public Sector
Enterprises and Nationalised / Public Sector Banks during the year under report by launching a
special drive to make good the shortfalls in various categories of posts through recruitment and
reserving vacancies to the maximum extent (50%) permissible under the Supreme Court ruling on
the matter.
On the attainment of Independence, instructions were issued on 21.9.47 providing for reservation
of 12.5% of vacancies for SCs in respect of recruitment made by open competition. In case of
recruitment otherwise than by open competition this percentage was fixed at 16.67%. After the
Constitution was promulgated, MHA, in its Resolution of 13.9.50, provided 5 per cent reservation
of STs apart from the percentage fixed for SCs already in force. The 1951 Census showed that the
percentage of SCs in the total population was 15.05 per cent and that of ST 6.31%. The
percentages were not revised at that time as a comprehensive bill revising the lists of SCs and STs
was under consideration. The other reason for not revising the percentage was that reservation had
already been provided for SCs in posts filled otherwise than by open competition to the extent of
16.66 per cent and instructions had also been issued for following a regional and local percentage
for Group C and Group D posts attracting candidates from a locality or region. The 1961 Census
revealed that the Scheduled Castes and Scheduled Tribes population in proportion to the Indian
population stood at 14.64 per cent and 6.80 per cent respectively. Accordingly, the percentage of
reservation for SCs and STs was increased from 12.5% and 5% to 15 % and 7.5% respectively on
25.3.70. The 1971 Census did not warrant any such review. The actual impact of 1981 Census
figures on all India percentages could not be known because the Census of 1981 could not be
carried out in the State of Assam. Same is true of 1991 Census as the Census of 1991 could not be
held in the State of J ammu and Kashmir.
Reservations have been extended to other modes of promotion in stages. In 1957, reservations
were provided for Scheduled Castes and Scheduled Tribes in departmental competitive
examinations. Reservations in promotion by selection in Group C and Group D were provided in
1963 and in the same year reservation in departmental competitive examination was limited to
Group C and D only. The position was slightly changed in 1968 when reservations in limited
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 cent.
Reservation in promotion by seniority subject to fitness came in 1972 subject to the condition that
the element of direct recruitment does not exceed 50 per cent. In 1974, reservations in promotion
by selection from Group C to Group B, within Group B and from Group B to the lowest rung of
Group A were introduced provided the element of direct recruitment does not exceed 50 per cent.
The limitation of the direct recruitment not exceeding 50 per cent was raised to 66.67% in 1976
and to 75% in 1989.
- 29 -

The Supreme Court had in the Indira Sawhney case permitted the reservation for the Scheduled
Castes and Scheduled Tribes in promotion to continue for a period of five years from 16.11.92.
Consequent 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 in
promotions for the Scheduled Castes and Scheduled Tribes in the Services/Posts under the Central
Government beyond 15.11.97 till such time as the representation of each of these categories in
each cadre reaches the prescribed percentages.
- 30 -

READY RECONER OF PERCENTAGE OF RESERVATION AVAILABLE FOR
SCs / STs / OBCs IN RECRUITEMENT AND PROMOTION

Sl.
No.
Method of Recruitment Promotion

Roster
Applicable
1.










2.





3.








Recruitment on All India Basis
i. By open competition
(including selections through
any Public Service
Commission or Banking
Recruitment Board without
examination)
ii. Otherwise than by open
competition

Recruitment to Group C and D posts
normally attracting candidates from
a location or region.




Promotions based on
i. 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 direct
recruitment, if any, does not
exceed 75%.
iii. Seniority subject to
fitness 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 and
STs in the respective
states or regions, OBCs
upto 27% depending upon
the 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 -






PROCEDURAL
AND
MISCELLANEOUS
SAFEGUARDS


- 32 -

1. Representation of SC/ST/OBC, Minorities and Women on Selection
Boards/Committees:
Instructions have been issued on 11.7.95 that wherever a Selection Committee/Board exists or has
to be constituted for making recruitment to ten of more vacancies in Group C or Group D
posts/services, it shall be mandatory to have one member belonging to SC/ST/OBC and one
member belonging to Minority Community in such Committees/Boards. Further one of the
Members of the Selection Committee/Board whether from the general category or from the
minority community or from SC/ST/OBC, should be a lady failing which a lady member should be
co-opted on the Committee/Board. It may also be ensured that where the number of vacancies
against which selection is to be made is less than ten, no effort should be spared in finding a
Scheduled Castes/Scheduled Tribes/Other Backward Classes officer, a Minority Community
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 such
examinations should be set up at all places where a sizable number of tribal candidates appear
at examination in addition to the usual centres of examinations.
Where selection is made by interview, the Recruitment Boards should be sent to places where
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 of
Scheduled Castes and Scheduled Tribes, the Ministries/Departments should draw up special
training programmes including in-service training programmes in which necessary training could
be provided to SC/ST candidates. The training progrmmes should be drawn up in such a way that
it should be possible for SC/ST candidates to derive the maximum advantage from such training
programmes. The Training division of the Department of Personnel and Training will render
technical assistance, if any, needed by the Ministries/Departments in drawing up the training
programmes and would also undertake periodical review of such training programmes as and when
required.
4. Forwarding of applications for appointment elsewhere
Applications for employment elsewhere of temporary or permanent Central Government servants
belonging to SCs/STs should be readily forwarded except in very rare cases where there may be
compelling grounds of public interest for withholding such applications. The withholding of
applications should be an exception rather than a rule in the case of SC/ST employees who should
be afforded every facility for improving their prospects. In cases where such applications are
withheld and could not be forwarded due to compelling grounds of public interest, they should be
reported within a month to the Liaison Officer in the Administrative Ministry/Department or in
offices under the Head of Department.
- 33 -

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 also
considered along with others for such postings.
6. Effectiveness in the development and protection of SCs/STs to be
indicated in Confidential Reports.
The Reporting Officers should give their specific comments on the effectiveness of the officers
dealing with development and protection of Scheduled Castes and/or Scheduled Tribes, in the
column in the Reporting Officers part of Confidential Reports. All cadre controlling authorities
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 justice
to Scheduled Castes and/or Scheduled Tribes.
Effectiveness in bringing about the development of Scheduled Castes and/or Scheduled
Tribes.
7. Terms Scheduled Caste/Scheduled Tribe only to be used in all official
matters and not Harijan/Girijan.
For all official transactions, matters, dealings, certificates, etc., the Constitutional terms
Scheduled Castes and Scheduled Tribes in English and their appropriate translation in other
national 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 and
Scheduled Tribes direct on matters relating to appointments against the reserved quota. It is not
necessary for them to seek prior permission of the concerned administrative
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 and
ST in every Panchayat and the number of seats so reserved shall bear, as nearly as may be,
the same proportion to the total number of seats to be filled by direct election in that
Panchayat as the population of the Scheduled Castes in that Panchayat area.

- 34 -

The offices of the Chairpersons in the Panchayats at the village or any other level shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the
Legislature of a State may, by law, provide.

10. Educational Safeguard
The importance of educational development of the weaker sections of the society was
recognized many decades ago by the Government of India and extended incentives and
concessions to these sections of society (now SCs and STs) vide the Government of India
Act, 1935. After independence and on the adoption of the Constitution, safeguards were
built into the administrative system through special provisions incorporated in the
Constitution.
The Articles which contain educational safeguards for SC & ST are 29(1), 46, 15(4), and
350 A. Of these Articles 15(4) and 46 are more important in so far as educational
development is concerned. Article 46 included among the Directive Principles of State
Policy provides that the "State shall promote with special care the educational and
economic interests of the weaker sections of the people, and particularly of those belonging
to the Scheduled Castes and Scheduled Tribes and shall protect them from social injustice
and from all forms of exploitation". This article did not give any power to the Government
to take or adopt any specific measure for educational development of Scheduled Castes and
Scheduled Tribes. Article 15 of the Constitution was, therefore, amended through the
Constitution (First Amendment) Act, 1951 and Clause 4 added to it Article 15(4). This
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 institutions
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) of
the Constitution to make special provisions, the then Ministry of Education (now Ministry
of Human Resource Development) for the first time addressed letter on 23-11-1954 to the
Chief Secretaries of all the State Governments suggesting that 20% seats should be
reserved for the Scheduled Castes and Scheduled Tribes in educational institutions with a
provision of 5% relaxation in minimum qualifying marks for admission wherever required.
This was slightly modified in April, 1964, where a distinct percentage of 15% for
Scheduled Castes, and 5% for Scheduled Tribes was laid down and was also made
interchangeable. The Ministry of Health and Family Welfare also came forward and
separately issued letters to the Vice Chancellors of the Universities having Medical
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 and
Dental colleges.
The University Grants Commission had also issued guidelines to the Universities and
colleges under their respective control to ensure that the Scheduled Caste and Scheduled
Tribe students were allowed due concession in the matter of admission in all under
graduate as well as post-graduate courses in the various streams. The percentage of
reservation for Scheduled Tribes was revised upwards from 5% to 7.5% in 1982. At present
the following percentage are allowed for Scheduled Caste and Scheduled Tribe students in
admission to the various undergraduate and post-graduate courses of general; technical,
medical and other professional education in the Universities and colleges:
- 35 -

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 allotment
of seats in general hostels, the Central and State Governments have initiated a number of
other measures like award of various types of scholarships / stipends / opening of book
banks for engineering and medical students, mid-day meals, books, stationery and uniforms
etc., (for primary school students) for development of education among the Scheduled
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 / ST
girls students to pursue education at pre-matric and post-matric levels even at places away
from their homes which they otherwise would not have been able to do for want of
accommodation. This centrally sponsored scheme is implemented on 50:50 basis (100% in
other UTs) for construction of hostel buildings, extension of existing hostels for SC/ST
girls studying in middle and higher levels of education. Central assistance is also provided
to the voluntary organizations Non-Govt. / Private organizations only for the extension of
hostels provided the organization is willing to cover 10% of the total expenditure and
remaining 90% in such cases is shareable between the Central and State Government on
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 States /
UTs. They should have to make adequate provisions in the budget. This would, also help in
checking the high drop-out rate among SC/ST women. This centrally sponsored scheme
started in 1989-90 is implemented on the same pattern as that of girls hostels mentioned
earlier.

National Overseas Scholarship For SC, ST And Other Students And Passage
Grants For Higher Studies Abroad
Scholarships under this scheme are provided to meritorious SC/ST, Denotified, Nomadic
and Semi-nomadic tribes, SC converts to other religion and the children of landless
Agricultural Labourers/Traditional Artisans for advanced degree and post-doctoral studies
abroad. Passage grants are also provided to students who are in receipt of a merit
scholarship from a foreign Government or institution, in case such scholarships does not
include the costs of passage. 30 National overseas scholarships and 9 passage grants are
available each year.
Admissions Of SC/ST In Higher Education With Particular Reference To Central
Universities
It is a Constitutional obligation that the provisions of reservation for SC/ST as embodied in
the Constitution of India and the policy of the Government of India framed in this regard
from time to time for the up-liftment of these communities is followed in the field of higher
- 36 -

education also. With a view to meeting this requirement the UGC which is an apex body
had been bringing to the notice of the University Colleges and the State Govts. the guide-
lines of the Government of India regarding reservation for SC/ST in the matter of
Universities and Colleges. The UGC was set up in 1956 by an Act of Parliament for the
promotion of University Education and determination and maintenance of standards in
teaching, examination and re- search. This was necessary as the Constitution of India
envisages that coordination of higher education is a cen- tral responsibility. The UGC
functions as per provisions contained in its Act (UGC, Act 1956) and rules regulations
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 proper
representation in different courses of higher education being provided by the
Colleges/Universities including Central Universities UGC has been contributing towards
social equity and up-liftment of the underprivileged sections of society through special
schemes as well as specific provisions for these sections within regular schemes.
Different percentage of reservations have been fixed for SC/ST in the Universities of
different States in accordance with the percentages of SC/ST population to the total
population of that state. The broad principal is that the reservation percentage for SC/ST
should not be less than their population percentage. In the case of Central Universities, the
percentage of reservation is 15% for SC and 7.5% for ST. It is implied that all reserved
seats according to the percentage of reservation fixed should be filled up. There had been
ample of guidelines issued by the UGC by following which it would have been possible to
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. These
guidelines were issued by the Additional Secretary vide his D. O. letter F-8-1093(SCT)
dated 15th J une, 1993 to fully cooperate and help in bringing about complete success- in
implementation of reservation policy in the Universities. The revised guidelines are quite
comprehensive and if implemented properly, would go a long way in fulfilling the
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 the
Central Universities, efforts were made to collect information from the UGC. The
information pertains to six faculties i.e. Humanities and Social Sciences, Science including
Agricultural Sciences, Engineering Technology, Medical Sciences, Professional Courses
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 the
representations of SC & ST students in the above-mentioned courses. Course wise breakup
in respect of J amia Milia Islamia and Banaras Hindu University was not available and no
information in respect of Indira Gandhi Open University was made available to the UGC.
Based on the information made available by UGC it may be seen that representation of SCs
in different courses ranged from 2.60% to 9.92% and in respect of STs it was 0.09% to
6.41%. Their representations are nowhere close to 15% and 7.5% as prescribed in case of
Central Universities. This is a matter of serious concern and the concerned Universities,
UGC and Ministry of Human Resources Development should try to find out the causes of
poor representation of these communities in these courses. As mentioned earlier we shall
have to ensure that intake at primary, middle and secondary levels is increased and at the
same time the dropout and wastage at these levels are checked, and those promising among
these communities are picked up and placed in the public schools and they should be
- 37 -

provided extra coaching from lower levels so that they may compete with other students
and their representation may also increase in different courses. As mentioned earlier the
Centrally Sponsored scheme of up-gradation of merit of SC/ST should be fully exploited in
this regard. Besides the above mentioned scheme the concerned Universities should also
ensure that remedial courses meant for SC/ST students are regularly continued and those
universities, which have not started these courses, should start without any further loss of
time.
11. Miscellaneous Complaints
The Commission has also been receiving complaints of miscellaneous nature, which do not
involve breach of any particular safeguard or right of SC/ST under the Constitution, a law or an
order of the Government, but where the Complainants feel harassed or inconvenienced or seeks
help.
During 1993-94, the Commission received about three hundred petitions containing complaints of
miscellaneous nature. These petitions included cases of requests for providing financial assistance
for community services, extension of welfare schemes and some problems faced by individuals
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 cases
related 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 courses,
establishment of village or small scale industries, etc. All cases have been taken up with the
concerned authorities for taking necessary action. In addition to this fourteen cases relating
to community services were received in the Commission, out of which five cases relate to
activities of Societies, cleanliness and providing basic facilities to SC/ST. Cases have been
taken up with the concerned authorities. In many cases replies are awaited. Four cases
related to digging of tubewells for SC/ST, hospital facilities, establishing of rest-houses and
developmental problems of SC/ST.

b. Cases regarding welfare schemes of SC / ST were also received in the Commission
from SC / ST representationists of various States / UTs. In many of these cases, the
representation was regarding waiver of loan or enhancement of loan limit. These cases
have also been taken up with the concerned authorities. In one case the concerned authority
informed that the petitioner was not entitled to waiver of loan. In another case regarding
enhancement of loan limit, the Commission did not take any action as the petitioner had
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 Company
informed that the dealer was involved in malpractices and was issuing irregular
unauthorised gas connections and that was the reason why penalty was imposed. The
Commission did not find any reason to pursue the matter further.
d. Other cases received were regarding such matters as providing electricity
connections and allotment of land, etc., to persons belonging to SC/ST. The requests have
- 38 -

been taken up with the concerned authorities for suitable action although they are not cases
of violation of any safeguard or right.
e. Four cases regarding illegal and forceful occupation of shops of SC persons by
higher caste people were received. Out of these four cases one was sub-judice. Other cases
were referred to concerned authorities for suitable action.
f. The Commission received 22 petitions regarding general problems of SC/ST. Most
of the cases were regarding alleged harassment of SC/ST over different matters such as
non-payment of salaries, some demands of SC/ST and developmental problems, etc. All
the cases were referred to State Governments or the authorities concerned for suitable
action except for one case which did not fall under the purview of this Commission. Final
replies in the above cases are still awaited.
g. Two petitions regarding provision of better drinking water facilities to SC/ST were
also 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 was
received in this Commission. It could not be established that the deaths had occurred due to
malaria but were caused by different ailments and old age. However, the State Government
has been advised to take up concerted programmes for these primitive tribals for whom
nothing much seems to have been done. A case was received regarding removal of a liquor
godown. The concerned District Magistrate was requested to take necessary action in the
matter.
i. A complaint was received regarding cheating of a SC person on the pretext of
giving employment to his daughter. The petitioner was advised to approach the local
police.
j. Maintenance of cleanliness in a SC basti was the subject matter of another petition
received. The District Collector was requested to take suitable action.
k. Case regarding cancellation of traveling agency belonging to a SC person was
received. The matter was taken up with the concerned authority (Indian Airlines) and it was
found that the petitioner himself was involved in malpractices and had no prima facie case
for 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 State
shall promote with special care the educational and economic interests of the weaker
sections of the people, and in particular, of the Scheduled Caste and the Scheduled Tribes,
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 any
socially and educationally backward classes of citizens or for Scheduled Castes and
Scheduled Tribes.
Efforts made in the country for the development of Scheduled Castes and Scheduled Tribes
have not resulted in bringing about substantial improvement in their economic condition
primarily on account of the enormity of the problem. One such area of support is in the
matter of providing dealerships to them in the commodities over which the State exercise
control.
Then Ministry of Petroleum, Chemicals and Fertilizers introduced reservation of 25% in
dealerships for Scheduled Castes and Scheduled Tribes in September 1977. From
- 39 -

September 1977 to J une 1980 advertisements for dealership were common for all
categories with preference to applicants belonging to Scheduled Castes and Scheduled
Tribes, subject to other things being equal. The Ministry revised guidelines in J une 1980
and it was desired that locations for new dealerships to be allotted to Scheduled Caste and
Scheduled Tribe persons may be predetermined by the industry and a roster maintained
State wise. There are four Public Sector Corporations engaged in Petroleum activities, viz;
Indian Oil Corporation Ltd; Hindustan Petroleum Corporation Ltd; Bharat Petroleum
Corporation Ltd; and Indo-Burma Petroleum Ltd. These four Corporations allot the
dealership/distributive agencies for petrol, diesel, Superior Kerosine Oil and L.P.G. etc.
25% 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 Pradesh,
Meghalaya, Nagaland and Mizoram belong to Scheduled Tribes, the percentage reservation
of dealerships etc. for Scheduled Tribes in these
The Indian oil Corporation began implementing reservation orders from the year 1974 for
all their agencies/dealership excepting 'B' site retail outlets i.e. dealer owned and dealer-
operated outlets. Other companies were nationalised later and reservation in dealership
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 brought
to the notice of aspirants SC & ST who are actually potential beneficiaries. It will also be
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 that
adequate number of potential candidates come forward to take up the agencies. Particularly
in the more backward areas even the relaxed conditions may be quite stiff. Therefore, to
workout a system of assistance directly or in collaboration with other institutions to enable
those who do not have their own resources to come into this business. When any individual
SC/ST may take any agency he must be helped to stabilise himself in the area which is
unknown to him. The above mentioned steps are taken and carefully looked after by the
institution/Government. In this way the constitutional obligation has been fully discharged.
Ministry of Petroleum and Natural Gas has issued letter to four PSUs saying that
reservation will be provided to the members of Scheduled Castes/Scheduled Tribes in the
matter of engaging road transport trucks for movement of all petroleum products such as
LPG, HS/HSD, BKO, Lubes etc. in bulk or packed by the Public Sector Oil Companies.
The percentage of reservation will be 15% and 7 1/2% for Scheduled Castes and Scheduled
Tribes respectively on all India basis. The Scheduled Caste./Scheduled Tribe members
should, however, fulfill all tender conditions and they will not be eligible for any price
preference or relaxation of standards. If adequate numbers of Scheduled Caste/Scheduled
Tribe candidates are not available in any particular year the unfilled quota may be allotted
to the unreserved categories in that year. However, the unfilled quota may be carried
forward to the next tender also and offered to Scheduled Caste/Scheduled Tribe candidates.
If the quota of the previous tender is not filled even in the next tender, the unfilled quota of
the previous tender may be de-reserved and allotted to general categories. This reservation
policy was to be made operative w.e.f. 18.8.1994 and was to be made applicable to all
future cases where new transportation agreements have to be concluded by the oil
companies.
- 40 -

Eleven representations were received regarding allotment of dealership/agencies for L.P.G.
in the Commission. In seven cases requests were made by the representations that their
cases may be recommended by the Commission or the Commission recommend for grant
of dealership. It does not come within the purview of the Commission to recommend cases
for dealership agencies without any specific and valid grounds of violation/deprivation of
economic or any type of safeguards for SC/ST. Four cases have been taken up with the
authorities.




























- 41 -



DUTIES
AND
RESPONSIBILITIES
OF
LIAISON OFFICER
- 42 -


Nomination of Liaison Officers

To ensure due compliance of the orders of reservation issued from time to time in favour of SCs
and STs, to ensure prompt disposal of the grievances of the employees of these classes and to
scrutinize and consolidate the statistical data, Liaison Officers have been nominated and Special
Cells set up in the following offices mainly to assist them:

1. Ministries/Departments.
2. Heads of Departments.
3. Attached and Subordinate Offices.

While in the case of Item (1), the Liaison Officers nominated are to be of the rank of Deputy
Secretary and the strength of the cell depend on the work-load and the norm, offices indicated at
Items (2) and (3) should not be allowed to go without nomination of Liaison Officers and setting
up cells, irrespective of the quantum of work-flow.

Duties of Liaison Officer

1. To ensure due compliance by the subordinate authorities with the reservation orders and
other admissible to SCs and STs
2. To scrutinize and ensure prompt submission of the prescribed annual statement by the
appointing authorities to the Ministries/Departments and consolidation of the annual
statement and sending such consolidated statements to the Department of Personnel and
Training.
3. To scrutinize properly all proposals for dereservation and to certify after due satisfaction
that such dereservation are inevitable and that all steps prescribed in this regard have been
faithfully taken.
4. To liaise between the Ministries/Departments/Attached and Subordinate officers and the
Department of Personnel for supply of required information, answering queries and
clearing doubts.
5. To conduct annual inspection of the rosters maintained, keeping a record of such
inspection.
6. To extend necessary assistance to the Commissioner for SCs and STs in discharge of his
duties and functions.

Follow-up action of inspection

Cases of negligence or lapse in the matter of following the reservation and other orders relating to
for SCs and STs coming to light through the inspections carried out by the Liaison Officers or
otherwise, are to be submitted to the Secretary/Additional Secretary to the Government in the
respective Ministries/Departments and to the Heads of the Departments in respect of Offices under
them. The appointing authorities concerned should take necessary action for strict compliance of
- 43 -

the directions issued by the Secretary/Additional Secretary/Head of the Department on such
reports.

Interview to SC/ST employee to be granted by the Liaison Officers

The Liaison Officers for SC/ST employees should grant interviews to those SC/ST employees who
are desirous of meeting them in connections with their grievance regarding appointments,
promotions, etc. The meeting may, however, be informal without any agenda and no minutes
thereof need be prepared.

Miscellaneous

The names and designations of the Liaison Officers nominated by each Ministry / Department
including in the offices under Heads of Departments under their control (together with changes
taking place from time to time) are to be reported to the Department of Personnel and Training to
enable them to maintain an up-to-date list.


Important Letters

1. MHA OM No. 27/22/68-Estt (SCT) dated 19-04-1969 and GI, DoP&T OM No.
27/4(i)/70-Estt. (SCT) dated 03-09-1970 Regarding duties of Liaison Officer and
setting up of a cell to assist Liaison Officer

2. GI, DoP&T OM No.42011/18/96 Estt. (Res.), dated 06-03-1997and OM dated 01-10-
1997- Regarding nomination of a separate Liaison Officer for looking after the matters related
to reservation of OBC.

- 44 -










GUIDELINES
AND
IMPORTANT LETTERS
- 45 -

Important Letters


1) GI, DoP&T OM No. 36012/31/90-Estt (SCT) dated 13-8-1990 (as modified by OM No.
36012/22/93-Estt (SCT) dated 8-9-1993 and OM No. 36012/52/93-Estt (SCT) dated 13-1-
1995)

Sub: 27% Reservation for other Backward Classes in Civil Posts / Service.

1. In a multiple undulating society like ours, early achievement of the objective of social justice
as enshrined in the Constitution is a must. The Second Backward Classes Commission, called
the MANDAL COMMSSION was established by the then Govt. with this purpose in view,
which submitted its report to the Govt. of India on 31/12/1980.

2. Government have carefully considered the report and the recommendation of the Commission
in the present context regarding the benefits to be extended to the Socially and educationally
Backward Classes as opined by the Commission and are of the clear view that at the outset
certain weight age has to be provide to such classes in the services of the Union and their
public Undertakings.

Following the Supreme Court judgment in the Indira Sawhnev and other V. Union of India and
other case [Writ Petition (Civil) No. 930 of 1900] the Govt. of India appointed an Expert
Committee to recommend the criteria for exclusion of the socially advanced persons/sections from
the benefit of reservation for Other Backward Classes in Civil posts and service under the Govt. of
India.

3. Consequent to the consideration of the Expert Committees recommendation orders are issued
as following :-

(a) 27% (twenty seven percent) of the vacancies in civil posts and service under the Govt. of
India to be filled through direct recruitment shall be reserved for the Other Backward
Classes. Detailed instruction relating to the procedure to be followed for enforcing
reservation will be issued Separately.

(b) Candidates belonging to OBCs recruited on the basis of merit in an open competition on
the same standard prescribed for the general candidates shall not be adjusted against the
reservation quota of 27%. (See Clarification below)

(c) (i) The aforesaid reservation shall not apply to persons/sections mentioned in Column 3 of
the Schedule to this office memorandum. (See Appendix-1)
(ii) The rule of exclusion will not apply to persons working as artisans or engaged in
hereditary occupations, calling. A list of such occupations, calling will be issued separately
by the Ministry of Welfare.


- 46 -



(d) The OBCs for the purpose of the aforesaid reservations would comprises, in the first phase,
the castes and communities which are common to both the lists in the report of the Mandal
Commission and the State Government lists. The Ministry of Welfare is issuing a list of
such castes and communities separately. [See Appendix--2]

(e) The aforesaid reservation shall take immediate effect.***

4. Similar instructions in respect of Public Sector Undertaking and Financial Institution
including Public Sector Banks were issued by the Department of Public Enterprises and by the
Ministry of Finance respectively, effective from the date of this office memorandum.
The above-said instructions relating to reservations for OBCs have been extended to
Autonomous Bodies, Statutory and Semi-Government Bodies and Voluntary Agencies receiving
grants from Government.

Clarification-- How the OBCs are to be assessed in relation to general candidate and how their
reserved quota are required to be filled?

Normally for any recruitment or selection, basic minimum standards are fixed. In the case of
competitive examination, merit lists are drawn, subject to fulfillment of this basic minimum
standards and candidates are appointed to the extent of the number of vacancies. The cut-off point
for the preparation of this general merit list is normally well above basic minimum standard. In the
process, not all the candidates who have obtained the basic minimum standard prescribed are
appointed to the service/posts in question. while the OBCs candidates who come in the general
merit list will not be adjusted against the reserved quota, those OBCs candidates who could not
come in the merit list but have obtained the basic minimum standards can be appointed against the
reserved vacancies.

A similar procedure is also required to be followed in the case of recruitment other than by open
competition. It will be up to the recruiting authorities to prescribed a basic minimum standard in
respect of any examination/selection.
(G.I. Dept. of Per. & Trg., O.M. No. 36012/2293-Estt.(SCT), dated 3-2-1994.)



2) G.I., Dept. of Per, & Trg., O.M. No. 36012/2/93-Estt. (SCT)dated 2-2-1993

Sub: Orders on reservation for SEBCs can be challenged only before the Supreme Court.

The undersigned is directed to say that the Supreme Court delivered its judgment on 16-11-1992,
in Writ Petition field by Smt. Indira Sawhney and others, against this Departments Office
Memoranda, dated 13-8-1990 and 25-9-1991, providing the reservation in civil posts and services
under the government of india in favour of socially educationally Backward classes [SEBCs] and
other Economically Weak Sections. In this judgment, the Supreme Court directed all concern
authorities, High Court and Central State Administrative Tribunals that any petition or proceedings
- 47 -

questioning the validity, operation or implementation of the two impugned memoranda on any
grounds what so ever shall be filed or instituted ONLY before the Supreme Court and not before
any High Court or other Court or Tribunal. This is brought to the notice of all
Ministries/Departments of the Govt. of India.




3) GI, DoP&T OM No. 36012/22/93-Estt. (SCT) dated 22-10-1993, dated 15-11-1993 and
dated 29-12-1993

Sub: Reservation for Other Backward Classes in Civil Posts and Services under the Govt. of
India-Regarding.

1. The undersigned is directed to refer to this Departments OM of even number, dated the 8th
September, 1993 on the above subject and to say that in according to Supreme Court judgment in
Indra Sawhney case, the reservation contemplated in Clause 4 of Article 16 should not exceed
50%. For the purpose of applying the rule of 50%, an year should be taken as the unit and not the
entire strength of the cadre service or the unit, as the case may be. This position would also apply
in the case of carry forward vacancies. Therefore, the Ministries/Departments are requested to
ensure that the reservations provided to SC/ST/OBCs put together do not exceed 50% of vacancies
arising in an year.

2. In the light of the reservations provided to Other Backward Classes, it is necessary to revise the
existing reservation roster. In respect of direct recruitment on All India basis by open competition
where there is a reservation for 15% for SC and 7
1/2
% for ST, the existing 40-point roster has been
revised. In the respect of direct recruitment on All India basis otherwise than open competition
where there is a reservation of 16
2/3
% for SC and 7
1/2
% for ST, the existing roster has been
revised. The revised roster will come into effect [from 2-7-1997] immediately. Vacancies filled on
or after 2-7-1997 should be shown in the new roster now prescribed. the old roster shall be deemed
to have been closed from this date. the reservations which had to be carried forward in the previous
roster shall now be carried forward to the new roster.

3. There is no change in the existing reservation rosters in so far as promotion is concerned, as
there is no reservation for OBCs in promotion.

4. The upper age-limit prescribed for direct recruitment shall be relaxed by three years in respect
of candidates belonging to OBCs. In respect of written examination and interview, in order to
fulfill quota earmarked to OBCs, relaxation of standard may be provided as in the case of SC/ST
candidates. [G.I. Dept. of Per & Trg., O.M. No 42014/10/94-Estt. [SCT], dated 13-10-1994 and
O.M. No. 43013/2/95-Estt. [SCT], dated 25-1-1995 ]

5. For the purpose of verification of the castes/communities the certificate (for model form ,See
Appendix-3) furnished by the candidates for the purpose of benefit of reservation to OBCs from
the following authorities only will be accepted:-

- 48 -

[a] District Magistrate/Additional District Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class Stipendiary
Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra-
Assistant Commissioner [not below the rank of I Class Stipendiary Magistrate]
[b] Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency
Magistrate.
[c] Revenue Officer not below the rank of Tehsildar; and
[d] Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

The same authorities which are notified as competent to certify OBCs status should also be
authorized to certify that the candidate in question does not belong to he persons/section [creamy
Layer] mentioned in Column 3 of the Schedule to this Departments OM, dated 8-9-1993.




4) GI, DoP&T OM No 36012/22/93-Estt [SCT] dated 15-11-1993

Sub: Certificate to be produced by OBC candidate regarding creamy layer.

I am directed to say that the Government of India has issued instructions on 8-9-1993 providing for
reservation to Other Backward Classes in the services and posts under the Government of India.
The Other Backward Classes for the purpose of the above-said reservation would comprise in the
first phase, the casts and communities which are common to both the lists in the report of Mandal
Commission and the state Governments lists. A list of such castes and communities was notified
in Resolution No 12011/68/93-BCC [C], dated 10
th
September, 1993, published in the Gazette of
India, Extraordinary Part-I-Section I, dated 13-9-1993. For the purpose of verification of the castes
and communities, the Government of India has prescribed a certificate from the following
authorities as in the case of SC/ST vide this Departments O.M. No. 36012/22/93-Estt. [SCT],
dated 22-10-1993.

[a] District Magistrate/Additional District Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/I Class Stipendiary
Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Executive
Magistrate/Extra Assistant Commissioner (not below the rank of I Class Stipendiary
Magistrate);

[b] Chief Presidency Magistrate/Additional Chief Presidency Magistrate/
Presidency Magistrate :

[c] Revenue Officer not below the rank of Tehsildar : and

[d] Sub-Divisional Officer of the area where the candidate and /or his family normally resides.

2. In the light of the Supreme Courts judgment in the Indira Sawhney case, Department has
specified the persons/section [Creamy Layer] to whom the Benefit of reservation shall
- 49 -

not apply vide Column 3 of the Schedule to the Department of Personnel and Training,
O.M. No. 36012/22/93-Estt. [SCT], Dated 8-9-93. It has been considered that the same
authorities who are notified as competent to certify OBCs status should also be authorized
to certify that a candidate does not belong to the Creamy Layer. It is therefore, requested
that instructions may be issued to the District Authorities under your control o verify and
issue the necessary certificate to the candidates regarding his OBCs status as well as
exclusion from Creamy Layer To enable the District Authorities to examine the claims of
the candidates, a model format has been devised as in Annexure-B. This may be suitable
revised if considered necessary. The format of the certificate that may be given by the
concerned district authorities may be as in Annexure-A.

3. It is also requested that publicity may be given to the Ministry of Welfare Resolution No
12011/68/93-BCC [C], dated10-9-1993, published in the Gazette of India, Extraordinary
Part-1 section I, dated 13-9-1993, containing the list of Backward Castes as well as to Dept.
of Per. & Trg., O.M. No. 36012/22/93-Estt,(SCT), dated 8-9-1993, which specifies the
criterion which will determine the persons who belong to the creamy layer and to whom
the reservation shall not apply. This will facilitate the candidates to ascertain their
eligibility for reservation. It would also to appropriately brief the certifying Authorities and
to provide them with sufficient number of copies of the above- mentioned Gazette
Notification and the Department, O.M, dated 8-9-1993, in order to ensure prompt and
correct certification.

4. A copy of the orders issued by your Government in this regard may also be endorsed to this
Department for information.

ANNEXURE-A & ANNEXURE-B

GI, DoP&T OM No 36012/22/93-Estt. (SCT) dated 30-12-1993

Sub: Unfilled vacancies of OBCs should not be de-reserved but carried Forward.

The undersigned is directed to say that the question of dereservation and carry forward of unfilled
posts reserved for Other Backward Classes has been examined by the Government. It has since
been decided that the posts reserved for Other Backward Classes which remain unfilled should not
be dereserved but should be carried forward as such for a period of three recruitment years or till
the posts are filled by OBC candidates, whichever is earlier.


GI, DoP&T OM No 36012/27/94-Estt. [SCT] dated 13-5-1994
Sub: Exemption of Scientific and Technical posts from the purview of Reservation orders for
OBCs.

The undersigned is directed to refer to this Departments O.M. 9/2/73-Estt. [SCT], dated 23-6-
1975, [See Order No 16 under Section ] wherein such of the technical posts as satisfying all the
following conditions are exempted from the purview of reservation orders.

- 50 -

i. The post should be in grades above the lowest grade in Group A of the Service
Concerned.
ii. They should be classified as Scientific or Technical [in terms of Cabinet
Secretariat, Department of Cabinet Affairs] O.M. No 85/11/CF-61[1], dated 28-12-1961
and
iii. These should be posts for conducting research or for organizing, guiding and
directing research..

Order of the Minister concerned are required to be obtained before exempting any post satisfying
the above condition from the purview of the scheme of reservations.

2. With the introduction of the Scheme of reservation for Other Backward Classes, doubts have
been expressed by certain Ministries/Departments as to whether the above-said provisions of OM,
dated 23-6-1975, would be applicable to the reservation of the OBCs also. As the reasons for the
grant of exemption from the purview of reservation orders in respect of SC/ST is equally
applicable for the provisions of OM, dated 23-6-1975, for the grant of exemption from the purview
of reservation orders would be equally applicable to reservation for OBCs.


5) C & AG of India, Cir. No. NGE/431/94/1927-NGE [Appt.]/93/94 dated 4-1-1995

Sub: Clarification regarding reservation for OBCs.

A reference is invited to Headquarters Office Circular No. N/17/94 issued under No.86-NGE
[App]/83-94, dated 3-3-1994, wherein compendium of instruction on the above subject, as
received from Department of Personnel and Training, was circulated. Several field officers had
sought

Clarification on various instructions contained in the said compendium Government of India,
Department of Personnel and Training to whom the matter was referred, have since clarified the
various doubts and are appended herewith for information and necessary action.

Point 1.-***

Point 2.As per instruction contained in Dept. of Per. & Trg. O.M. No. 36012/22/93-Estt. (SCT),
dated 22-10-1993, appointing authorities are to ensure that the reservation provided to
SC/ST/OBCs put together do not exceed 50% of the vacancies arising in an year in a cadre. Under
the existing Government of India order, total reservation for SC/ST/Physically handicapped
person/Ex servicemen together with carry forward reservation and compassionate appointment
should not exceed 50% of the available vacancies in any particular year.
Now, a doubt has arisen as to how to 50% limit of total reservation in any particular year in a cadre
is to be ensured when the reservation OBCs at 27% put together should not exceed 50% of the
total vacancies.

- 51 -

As regards reservation for physically handicapped persons within 50% limit, the procedure
outlined in the Dept. of Per & Trg., O.M. No 36035/Estt [SCT], dated 20-09-1994, [Circulated
under Headquarters Office Circular No N/42/94, dated 23-11-1994] is to be followed.

The matter relating to Ex-serviceman is under consideration of Government of India. Till the time
it is decided, their reservation within 50% limit is to be governed by Rule 4[1] of the Ex-
servicemen [Re-employment in Central Civil Services and Posts] Rules, 1979, issued under G.I.,
M.H.A., D.P. and A.R., Notification No 39016/10/79-Estt. [C], dated 15-12-1979.

50% limit in compassionate appointment is to be regulated in accordance with the instructions
contained in Headquarters Office Circular No NGE/5/86 issued under No 61-N. 3/52/84/Zone-3,
dated 28-1-1986, i.e., the percentage of vacancies against which compassionate appointment could
be made should be determined after deducting from 50% the percentage of vacancies reserved for
SC/ST/OBC/Physical handicapped and Ex-servicemen. [See Section 6]



6) G.I., Dept. of Per. And Trg., O.M. No. 36033/9/95-Estt. (SCT) dated 10-05-1995

Sub: Verification / acceptance of caste certificate furnished by Candidate claiming to belong
to OBC.

The undersigned is directed to refer Dept. of Per. & Trg., O.M. No. 36012/6/88-Estt [SCT], dated
24-4-1990, on the subject mentioned above where in it was indicated that the appointing authority
should include the clause in the offer of the candidates belonging to SC/ST to the effect that the
appointment was provisional and would be terminated in case the caste certificate produced by the
was found to be false.

2. After issue of reservation order of OBCs, it is considered necessary to have similarly provision
in respect of caste certificate furnished by candidates claiming to belong OBC communities.

3. In the offer of appointment to candidate belong to OBC.

The appointing authorities should include a clause as follows:-

The appointment is provisional and is subject to the caste certificate being verified through the
proper channels. If the verification reveals that the claim of the candidates to belongs to OBC is
false, the services of such candidates will be terminated forthwith without assigning any further
reason and without prejudice to such further action as may be taken under the provisions of the
Indian Panel Code for production of false certificate.

4. All ministries/Department to take further action on the above lines.



- 52 -

7) GI, DoP&T OM No. 20011/1/96-Estt [D] dated 30-1-1997

Sub: General/OBC candidates regains is seniority on promotion over earlier promoted SC/ST
candidate.

8) GI, DoP&T OM No 42011/18/96-Estt. [Res.] dated 6-3-1997 and dated 1-10-1997

Sub: Officer of the rank of deputy secretary to be nominated as a separate Liaison Officer for
looking after matters relating to reservation for OBCs.

1. The under signed is directed to invite attention to this Departments O.M. No.36035/8/92-
Estt. [SCT], dated 10-11-1994, according to which the Liaison Officer appointed look after
the reservation for SC/ST where also entrusted with the responsibility of looking after
reservation matters relating to the OBCs.

2. The matter of having the same L.O. for the SCs/STs and the OBCs has been reexamine and
it has been decided there should be a separate Liaison Officer for looking after matter
relating to the reservation for the OBCs. Ministry of Finance, etc., are requested to take
immediate steps to appoint a separate L.O for the OBCs.

2. Ministry of Finance, etc., may also please bring this instruction to the notice of all the
Attached and Subordinate Officers/PSUs under them for compliance.

SWAMYSRESEVATION AND CONCESSIONS IN GOVT. SERVICES

1. It has been noticed that the Ministries/Departments have appointed Liaison Officer below
the levels/status of the Deputy Secretary, without taking into consideration the instructions
laid down for the appointment of LO for SC/ST vide O.M., dated 10-4-1968.

2. All the Ministries/Departments are requested to nominate the Deputy Secretary in-charge
of administration in the Ministry/Department or another Officer of the rank of the Deputy
Secretary as LO for looking after work relating to the matter of reservation for the OBCs in
service/posts. The function of the Liaison Officers will be at par with the LO looking after
the work of SC/ST in services/posts.












- 53 -

[G.I., Dept. of per. & Trg., O.M. No 42011/18/96-Estt. [Res.], dated 1-10-1997]

APPENDIX 1

PERSONS / SECTIONS EXCLUDED FROM RESERVATION
[Schedule to G.I., Dept. of per. and Trg. O.M No 36012/22/93-
Estt. (SCT), dated 8-9-1993]

Sl.
No.
Description of category

To whom rule of exclusion will apply
I Constitutional posts Son(s) and daughter(s) of-
(a) president of India:

(b) Vice president of India:
(c) J udges of Supreme court and High court
(d) Chairman and Members of UPSC and of
the State public service commissions:
Chief election Commissioner:
Comptroller and Auditor-General of
India:

(e) Persons holding constitutional positions
of like nature.

II
II(A)
Service Category
Group A/ Class I officer of the
All India Central and state service
(Direct Recruits)


Son[s] and daughter[s] of
(a) parents, both of whom Class I officers:
(b) parents, either of Class I officer:
(c) parents, both of whom Class I officer,
but one of them dies or suffer permanent
incapacitation:
(d) parents, either of whom is a Class I
officer and such parents, dies or suffers
permanent incapacitation and before
such death or such incapacitation has
had a benefit of employment in any
International organization like UN, IMF,
World Bank, etc. for a period of not less
than 5 years:
(e) parents, both of whom are Class I
officer and die or suffers permanent
incapacitation and before such death or
such incapacitation of the both either of
them has had the benefit of
employment in any international
organization like UN, IMF, World
- 54 -

Bank, etc for a period of not less than 5
years.
Provided that that rule of exclusion shall
and not apply in the following cases:-

(a) Sons and daughter of parents either of
whom Or both or whom are Class I
officers and such parent(s) dies/die or
suffer Permanent incapacitation

(b) A lady belonging to OBC category has
got married to a Class I officer, and
may herself like to apply for a job.

II(B) B. Group B/Class II officers of the
Central and State Services (Direct
Recruitment).

Son(s) and daughter(s) of-
(a) parents both of whom are Class II
Officer:
(b) parents of whom only husband is a
Class II officers and he get into Class I
at the age of 40 or earlier;
(c) parents, both of whom are Class II
Officers and one of them dies or Suffer
permanent incapacitation and either one
of them has had the Benefit of
employment in any International
(d) Organization like UN, IMF, World
Bank, etc., for a period not less than
five years before such death or
permanent incapacitation;
(e) Parents of whom the husband is a Class
I Officer [direct recruit of pre-Forty
promoted] and wife is a Class II Officer
and wife dies or suffer Permanent
incapacitation: and
parents of whom the wife is a Class I
Officer [direct recruit of pre-Forty
promoted] and husband is a
Class II Officer and husband dies or
permanent incapacitation:
Provided that the rule of exclusion Shall not
apply in following cases:
Sons and daughters of -
(a) parents both of whom Class II Officer
and one of them dies or suffer
Permanent incapacitation:
Son and daughters of-
- 55 -

(b) parents of both of whom are Class II
officers and both of them die or suffer
from permanent incapacitation, even
though either of them has had a benefit
of employment in any International
Organization like UN, IMF, World
Bank etc, for a period of not less than 5
years before their death or permanent
incapacitation.

II (C) Employees in public sector
Undertaking, etc.
The criteria enumerated in A and B above in
this category will apply mutatis mutandis to
officer holding equivalent or comparable
posts in PSUs Banks, Insurance
organization, Universities, etc. and also
equivalent or comparable posts and position
under private employment, pending the
evaluation of the post on equivalent or
comparable basis in these institution, the
criteria specified in category VI below will
apply to the officers in this institutions.
III Armed forces include paramilitary
Forces[Person holding civil posts are
not Included]
Son[s] and daughter[s] of parent either or
both of whom is or in the rank of Colonel
and above in the Army and to equivalent
posts in the Navy and the Air Force and the
Paramilitary Forces;
Provided that-
i. if the wife of an armed force officer is
himself in the armed forces [i.e. the
category under consideration] the rule of
exclusion will apply only when she
herself has reached the rank of Colonel;
ii. The service rank below Colonel of
husband and wife shall not be clubbed
together;
iii. If the wife an officer in the armed forces
is in civil employment, this will not
taken in account of applying the rule of
exclusion unless she falls in the service
category under Item No 11 in which case
the criteria and condition enumerated
their in will apply to her independently.
IV Professional class and those engaged
in Trades and industry
(i) Personal engaged in profession as a
doctor, lawyer, charted account,


Criteria specified against Category VI will
apply
- 56 -

income tax consultant, financial or
management consultant, dental
surgeon engineer architect, computer
specialist, film artist and other film
professional, author, playwright, sport
person, sports professional, media
professional or any other vocations of
like status.

(ii) Person engaged in trade business
and industry.









Criteria specified against Category VI will
apply-
EXPLANATION-
(i) Where the husband is in some profession
and The wife is in class II or lower grade
employment, the income/wealth test will
apply only on the basis on the husband
income.

(ii)If the wife in some profession and the
husband is in employment in a Class II or
lower rank post, then the income/wealth
criterion will apply only on the basis on the
wife income and the husband income will
not be clubbed with it.
V
V(A)
Property owners
Agriculture holding
Son(s) and daughter(s) of person belonging
to a family [father, mother and minor
children] which owns-

(a) only irrigated land is equal to or more
than 85% of the statutory ceiling areas, and

(b) both irrigated and unirrigated land, as
follow-
(i)The rule of exclusion will apply where
the Pre-condition exists that the irrigated
area [having been brought to a singe type
under a common denominator] 40% or
more of the statutory ceiling limit for
irrigated land [this calculated by
excluding the unirriagated portion] If
this pre-condition of not less than 40%
exists, Then only the area of unirriagated
land will taken into account. This will be
done by the converting the unirrigated
land n land on the basis of conversion
formula existing into the irrigated type.
- 57 -

The irrigated area so computed from
Unirrigated land shall be added to
irrigated land and if after such clubbing
together total are in term of irrigated land
is 85% or more of the statutory ceiling
limit for irrigated land, then the rule of
exclusion apply and disentitlement will
occur.
(ii)The rule of exclusion will not apply if
the land holding of the family is
exclusively unirrigated


V(B) Plantations
(i) coffee, tea, rubber. Etc

(ii) Mango, citrus, apple plantation
etc.

Criteria of income/wealth specified in
category VI Below will apply.

V (C) Vacant land and/or building in urban
areas or urban agglomerations.

Deemed as agricultural holding and hence
criteria at a above under this category will
apply. Criteria specified in Category VI
below will apply.
EXPLNATION
Building may be used for residential,
Industrial or commercial purpose and like
two or more such purposes.

VI Income / Wealth Test Son(s) and daughter(s)-
(a) Persons having gross annual income of
Rupees 1 lakh or above or possessing
wealth above the exemption limit as
prescribed in the Wealth Tax Act for a
period of three consecutive years.

(b) Persons in Categories I, II, III and V-A
who are not disentitled to the benefit of
reservation but have income from other
sources of wealth criteria mentioned in(a)
above

EXPLANATION -
(1) Income from salaries or agricultural
land shall not be clubbed:
(2) The income criteria in terms of rupees
will be modified taking into account the
change in its value every three years. It the
- 58 -

situation , however, so demands, the
interregnums may be less.

EXPLANATION:- Whenever the
expression permanent in capacitance
occur in this schedule, it shall means
incapacitation which results in putting an
officer out of service



9) GI, DoP&T, OM No.36033/4/97-Estt.(Res.) dated:25
th
July 2003
Sub: Validity period of OBC certificate and verification of Community and non-creamy
layer status of OBC candidates.
The undersigned is directed to say that a question has arisen about the validity period of
certificates issued to the candidates belonging to other backward classes for the purpose of
reservation in services. The OBC certificate consists of two parts first part indicates that the
concerned person belongs to a community listed as OBC and the second part indicates that the
candidate does not fall in the creamy layer. While the OBC status of a candidate may change only
when the community of the concerned candidate is removed from the OBC list, his/her creamy
layer status may change any time. In view of it, it is not possible to determine a fixed validity
period for the OBC certificate.
2. Every candidate seeking reservation as OBC is required to submit a certificate regarding his/her
OBC status and non-creamy layer status issued by an authority mentioned in Department of
Personnel and Training Office Memorandum No.36012/22/93-Estt.(SCT) dated 15.11.1993. The
OBC status and /or non-creamy layer status of the candidate, as pointed out in para above, may
change after issue of the certificate making him/her ineligible for reservation. In order to ensure
that candidates not eligible to get reservation do not seek reservation, a declaration, in addition to
certificate issued by the competent authority, may be obtained from the candidates seeking
reservation as OBCs in the following format:
"I,___________________son/daughter of Shri _________________________resident of village
/town/city_________________district ______________state _________________ hereby declare
that I belong to the _____________________community which is recognized as a backward class
by the Government of India for purpose of reservation in services as per orders contained in
Department of Personnel and Training Office Memorandum No.36012/22/93-Estt.(SCT) dated
8.9.1993. It is also declared that I do not belong to persons/sections (Creamy Layer) mentioned in
Column 3 of the Schedule to the above referred Office Memorandum dated 8.9.1993."
3. The appointing authority, before appointing a person seeking appointment on the basis of
reservation to OBCs should verify the veracity of the community certificate submitted by the
candidate and also the fact that he/she does not fall in creamy layer on the crucial date. The crucial
- 59 -

date for this purpose may be treated as the closing date for receipt of applications for the post
except incases where crucial date is fixed otherwise.
4. It was decided vide this Departments Office Memorandum No.36033/9/95-Estt.(SCT) dated
10.5.1995 that in case of appointments against vacancies reserved for OBCs a clause in the offer of
appointment would be inserted to the effect that appointment will be provisional and subject to
verification of the community certificate. Since reservation is available only to such OBC
candidates who do not fall in the creamy layer, it is necessary that the clause inserted in the offer
of appointment should be modified so as to take care of creamy layer status of the candidate also.
It is, therefore, decided that the following modified clause may be included in the offer of
appointment in place of clause prescribed vide Office Memorandum dated 10.5.1995:
"The appointment is provisional and is subject to the community certificate being verified through
the proper channels. If the verification reveals that the claim of the candidate to belong to Other
Backward Classes or not to belong to creamy layer is false, his/her services will be terminated
forthwith without assigning any further reasons and without prejudice to such further action as
may be taken under the provisions of Indian Panel Code for production of false certificates."
5. All Ministries/Departments are requested to bring the contents of this Office Memorandum to
the notice of all authorities under them for information and compliance.

(K.G. Verma)
Deputy Secretary to the Government of India

10) I, DoP&T, OM No.36033/3/2004-Estt.(Res) dated 9
th
March,2004
Sub: Revision of Income criteria to exclude socially advanced persons/sections Creamy Layer)
from the purview of reservation for Other Backward Classes (OBCs).
The undersigned is directed to invite attention to this Departments O.M.No.36012/22/93-
Estt(SCT) dated 8
th
September,1993 which inter alia provides that sons and daughters of persons
having gross annual income of Rs.1 lakh or above for a period of three consecutive years fall
within the creamy layer and are not entitled to get the benefit of reservation available to the Other
Backward Classes. It has been decided to raise the income limit from Rs.1 lakh to Rs.2.5 lakh for
determining the creamy layer amongst the OBCs. Accordingly the following entry is hereby
substituted for the existing entry against Category VI in the Schedule to the above-referred O.M.
- 60 -


Category Description of Category To whom the rule of exclusion will apply
VI
INCOME/WEALTH
TEST
Son(s) and daughter(s) of

(a)Persons having gross annual Income of Rs.2.5 lakh or
above or possessing wealth above the exemption limit as
prescribed in the Wealth Tax Act for a period of three
consecutive years.

(b)Persons in Categories I, II,III and V A who are not
disentitled to the benefit of reservation but have income
from other sources or wealth which will bring them
within the income/wealth criteria mentioned in (a)
above.
Explanation:

Income from salaries or agricultural land shall not be
clubbed.
2. The provisions of this Office Memorandum take effect from the 4
th
February 2004.
3. All the Ministries/Departments are requested to bring the contents of this Office Memorandum
to the notice of all concerned.

(K.G. Verma)
Deputy Secretary to the Government of India





11) GI, DoP&T, OM No.36033/5/2004-Estt.(Res.) dated 14
th
October 2004
Sub: Clarifications regarding creamy layer amongst OBCs.
I am directed to invite your attention to the Schedule to this Departments OM No.36012/22/93-
(SCT) dated 8
th
September 1993, which contains the criteria to determine the creamy layer
amongst the OBCs. In regard to the children of the persons in civil services of the Central and the
State Governments, it provides that son(s) and daughter(s) of:
(a) parents, both of whom are directly recruited Class I/Group A officers;
(b) parents, either of whom is a directly recruited Class I/Group A officer;
(c) parents, both of whom are directly recruited Class I/Group A officers, but one of them dies or
suffers permanent incapacitation;
- 61 -

(d) parents, either of whom is a directly recruited Class I/ Group A officer and such parent dies or
suffers permanent in - capacitation and before such death or such incapacitation has had the benefit
of employment in any International Organisation like UN, IMF, World Bank, etc. for a period of
not less than 5 years;
(e) parents, both of whom are directly recruited Class I/Group A officers and both of them die or
suffer permanent incapacitation and before such death or such incapacitation of the both, either of
them has had the benefit of employment International Organisation like UN, IMF, World Bank,
etc. for a period of not less than 5 years;
(f) parents both of whom are directly recruited Class II/Group B officer;
(g) parents of whom only the husband is a directly recruited Class II/Group B officer and he gets
into Class I/Group A at the age of 40 or earlier;
(h) parents, both of whom are directly recruited Class II/ Group B officers and one of them dies or
suffers permanent incapacitation and either of them has had the benefit of employment is any
International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 year;
(i) parents of whom the husband is a Class I/Group A officer (direct recruit or pre-forty promoted)
and the wife is a directly recruited Class II/Group B officer and the wife dies; or suffers permanent
incapacitation; and
(j) parents, of whom wife is a Class I/Group A officer (Direct Recruit or pre-forty promoted) and
the husband is a directly recruited Class II/Group B officer and the husband dies or suffers
permanent incapacitation shall be treated as falling in creamy layer.
2. The Schedule further provides that sons and daughters of:
(i) parents either of whom or both of whom are directly recruited Class I/Group A officer(s) and
such parents(s) dies/die or suffers/suffer permanent incapacitation;
(ii) parents both of whom are directly recruited Class II/Group B officers and one of them dies or
suffers permanent incapacitation;
(iii) parents both of whom are directly recruited Class II/Group B officers and both of them die or
suffer permanent incapacitation, even though either of them has had the benefit of employment in
any International Organisation like UN, IMF, World Bank, etc. for a period of not less than 5 years
before their death or permanent incapacitation shall not be treated to be falling in creamy layer.
3. The criteria prescribed for determining creamy layer status of sons and daughters of persons in
Government service mutatis mutandis applies to the sons and daughters of persons holding
equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and
also holding equivalent or comparable posts and positions under private employment. The creamy
layer status of the sons and daughters of employees of organizations where evaluation of the posts
on equivalent or comparable basis has not been made is determined on the basis of
- 62 -

Income/Wealth Test given in the Schedule. The Income/Wealth Test prescribes that the sons and
daughters of persons having gross annual income of Rs.2.5 lakh or above or possessing wealth
above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive
years would be treated to fall in creamy layer. An explanation is given below the Income/Wealth
Test which provides that income from salaries or agricultural land shall not be clubbed.
4. Following questions have been raised from time to time about the application of the above
provisions to determine creamy layer:
(i) Will the sons and daughters of parents either of whom or both of whom are directly recruited
Class I/Group A officer(s) and such parent(s) dies/die or suffers/suffer permanent incapacitation
after retirement be treated to be excluded from the creamy layer?
(ii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B
officers and one of them dies or suffer permanent incapacitation after retirement be treated to be
excluded from the creamy layer?
(iii) Will the sons and daughters of parents both of whom are directly recruited Class II/Group B
officers and both of them die or suffer permanent incapacitation after retirement even though either
of them has had got the benefit of employment in any International Organisation like UN, IMF,
World Bank, etc. for a period of not less than 5 years before their death or permanent
incapacitation be treated to be excluded from the purview of creamy layer?
(iv) Will the sons and daughters of parent(s) who retire from the service on the basis of which their
sons and daughters fall in creamy layer, continue to fall in creamy layer after retirement of the
parent(s)?
(v) Will the sons and daughters of parents of whom husband is directly recruited Class III/Group C
or Class IV/ Group D employee and he gets into Class I/Group A at the age of 40 or earlier be
treated to be falling in creamy layer?
(vi) Will a candidate who himself is a directly recruited Class I/Group A officer or a directly
recruited Class II/Group B officer who got into Class I/Group A at the age of 40 or earlier be
treated to be falling in creamy layer on the basis of his service status?
(vii) Will a candidate who has gross annual income of Rs.2.5 lakh or above or possesses wealth
above the Exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive
years be treated to fall in creamy layer?
(viii) The instructions provide that a lady belonging to OBC category who has got married to a
directly recruited Class I/Group A officer shall not be treated as falling in creamy layer on the
basis of her marriage. Will a man belonging to OBC category who is married to a directly recruited
Class I/Group A officer be treated as falling in creamy layer on the basis of his marriage?
- 63 -

(ix) How will be the Income/Wealth Test apply in case of Sons and daughters of parent(s)
employed in PSUs etc. in which equivalence or comparability of posts has not been established
vis--vis posts in the Government?
(x) What is the scope of the explanation, Income salaries or agricultural land shall not be
clubbed, given below the Income/ Wealth Test?
5. It is clarified in regard to clauses (i), (ii) and (iii) of para 4 that the sons and daughters of
(a) parents either of whom or both of whom are directly recruited Class I/Group A officers and
such parent(s) dies/die or suffers/suffer permanent incapacitation while in service;
(b) parents both of whom are directly recruited Class II/Group B officers and one of them dies or
suffers permanent incapacitation while in service; and
(c) parents both of whom are directly recruited Class II/Group B officers and both of them die or
suffer permanent incapacitation while in service, even though either of them has benefit of
employment in any International Organization like UN,IMF, World Bank, etc. for a period of not
less than 5 years before their death or permanent incapacitation are not treated to be falling in
creamy layer. But if the parent(s) dies/die or suffers/suffer permanent incapacitation in such cases
after retirement from service, his/their sons and daughters would be treated to be falling in creamy
layer and would not get the benefit of reservation.
6. In regard to clause (iv) of para 4, it is clarified that sons and daughters of parents who are
included in the creamy layer on the basis of service status of their parents shall continue to be
treated in creamy layer even if their parents have retired or have died after retirement.
7. In regard to clause (v) of para 4, it is clarified that the sons and daughters of parents of whom
only the husband is a directly recruited Class II/Group B officer who gets into Class I/Group A at
the age of 40 or earlier are treated to be in creamy layer. If the father is directly recruited Class
III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 40 or
earlier, his sons and daughters shall not be treated to be falling in creamy layer.
8. In regard to clauses (vi), (vii) and (viii) of para 4, it is clarified that the creamy layer status of a
candidate is determined on the basis of the status of his parents and not on the basis of his own
status or income or on the basis of status or income or on the basis or status or income of his/her
spouse. Therefore, while determining the creamy layer status of a person the status or the income
of the candidate himself or of his/her spouse shall not be taken into account.
9. In regard to clause (ix) of para 4, it is clarified that the creamy layer status of sons and daughters
of persons employed in organizations where equivalence or comparability of posts vis--vis posts
in Government has not been evaluated is determined as follows:
Income of the parents from the salaries and from the other Sources [other than salaries and
agricultural land] is determined separately. If either the income of the parents from the salaries or
the income of the parents from other sources [other than salaries and agricultural land] exceeds the
- 64 -

limit of Rs.2.5 lakh per annum for a period of three consecutive years, the sons and daughters of
such persons shall be treated to fall in creamy layer. But the sons and daughters of parents whose
income from other sources is also less than Rs.2.5 lakh per annum and income from other sources
is also less than Rs.2.5 lakh per annum will not be treated as falling in creamy layer even if sum of
the income from salaries and the income from the other sources is more than Rs.2.5 lakh per
annum for period of three consecutive years. It may be noted that income from agricultural land is
not taken into account while applying the Test.
10. In regard to clause (x) of para 4, it is clarified that while applying the Income/Wealth Test to
determine creamy layer status of any candidate as given in Category-VI of the Schedule to the
OM, income from the salaries and income from the agricultural land shall not be taken into
account. It means that if income from salaries of the parents of any candidate is more than Rs.2.5
lakh per annum, income from agricultural land is more than Rs.2.5 lakh per annum, but income
from other sources is less than Rs.2.5 lakh per annum, the candidate shall not be treated to be
falling in creamy layer on the basis of Income/Wealth Test provided his parent(s) do not possess
wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three
consecutive years.
11. You are requested to bring the contents of this letter to all concerned in the State.

(K.G. Verma)
Deputy Secretary to the Govt. of India


12) GI, DoP&T OM No. 36036/2/97-Estt [Res] dated 30th November 1988

Sub : Regarding Implementation of Reservation Policy for the SCs/STs and Role of National
Commission for SCs / STs

1. The undersigned is directed to refer to this Departments Office Memorandum of even number
dated the 1 J anuary, 1998 and letter number No. 4/3/98-SSW.II dated nil addressed to the
secretary. Department of Personal and Training by the National Commission for SC/ST with
copies endorsed to all Ministries/ Departments of the Govt. of India, etc., and to say that
aforesaid letter of the commission tends to create the impression that the commission has
powers to supersede the Department of the Personal and Trainings Office Memorandum of
even number dated J anuary 1, 1998 for which in fact power have been vested in the
commission in term of Article 338 of the constitution. As the commission lacks the authority
to issue direction in the nature of injunction, the aforesaid action of the Commission is clearly
beyond its power and illegal.

2. The National Commission for SC/ST is assigned the important role of safeguarding the
interests of SCs and STs. And has been vested with certain powers in discharge of its role in
terms of Article 338 of the constitution The Ministries/Departments etc., are therefore
expected to extend maximum cooperation to the commission in the discharge of its role and to
- 65 -

give its recommendations/suggestions for due consideration. The Ministry of Agriculture, etc.,
are however advised to ignore such of the instructions issued by the commission as may
purport to either amend or withhold or keep in abeyance the instructions issued by the Govt. in
implementation of the reservation policy for the Schedule Caste and Schedule Tribes.


(J. D. Kulkarni)
Director (Reservation)

13) GI, DoP&T, OM No.36012/23/96-Estt.(Res.)Vol.II dated: the 3
rd
October, 2000
Sub: Reservation in promotion Prescription of lower qualifying Marks/lesser
standard of evaluation.
The undersigned is directed to refer to Department of Personnel & Trainings
O.M.No.36012/23/96-Estt. (Res) dated 22
nd
J uly, 1997 vide which various instructions of the
Government providing for lower qualifying marks/lesser standards of evaluation in matters of
promotion for candidates belonging to the Scheduled Castes and Scheduled Tribes had been
withdrawn, on the basis of the Supreme Courts judgment in the case of S. Vinod Kumar Vs.
Union of India.
2. The undersigned is further directed to say that the matter has been reviewed, consequent to
which the following proviso to Article 335 has been incorporated in the Constitution by the
Constitution (Eighty-Second Amendment) Act, 2000:
"Provided that nothing in this Article shall prevent in making of any provision in favour of the
members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any
examination or lowering the standards of evaluation, for reservation in matters of promotion to
any class or classes of services or posts in connection with the affairs of the Union or of a State."
3. In pursuance of the enabling proviso of Article 335 of the Constitution, it has now been decided
to restore, with immediate effect, the relaxations/concessions in matters of promotion for
candidates belonging to SCs/STs by way of lower qualifying marks, lesser standards of evaluation
that existed prior to 22.7.1997 and as contained in the instructions issued by the Department of
Personnel and Training from time to time including OM No.8/12/69-Estt.(SCT) dated 23.12.1970,
No.36021/10/76-Estt.(SCT) dated 21.1.1977 and para 6.3.2 of the DPC guidelines contained in
Department of Personnel and Trainings O.M. No.22011/5/86-Estt.(D) dated 10.4.1989. In other
words, the effect of these instructions would be that the Department of Personnel and Trainings
OM No.36012/23/96-Estt.(Res) dated 22
nd
J uly, 1997 becomes inoperative from the date of issue
of this OM.
4. These orders shall take effect in respect of selections to be made on or after the date of issue of
this OM and selections finalised earlier shall not be disturbed.
- 66 -

5. All Ministries/Departments are requested to bring these instructions also to the notice of their
Attached/Subordinate Offices and Autonomous Bodies Public Sector Undertakings under their
control for compliance.
(J . Kumar)
Deputy Secretary to the Government of India
14) GI, DoP&T, OM No.36012/27/2000- Estt.(Res.) dated: the 15
th
March, 2002.

Sub: Adhoc Promotions-consideration of cases of Scheduled Caste/Scheduled Tribe
employees.
The undersigned is directed to refer to Department of Personnel and Administrative Reforms
O.M.No.36011/14/83-Estt.(SCT) dated 30.4.1983 on the above noted subject according to which
while making adhoc promotions, all the Scheduled Caste/Scheduled Tribe candidates covered in
the relevant seniority list should be considered in the order of their general seniority as per the
gradation list, should be considered in the order of their general seniority as per the gradation list,
on the principle of seniority-cum fitness and if they are not adjudged unfit, they should be
promoted on adhoc basis. The O.M. further provides that if the number of SC/ST candidates found
fit within the range of actual vacancies is less than the number of vacancies identified as falling to
their share if the vacancies were filled on a regular basis, additional SC/ST candidates to the extent
required should be located by going down the seniority list provided they are eligible and found fit
for such adhoc appointment. Subsequently Department of Personnel and Administrative Reforms
issued O.M. No. 36011/14/83-Estt.(STC) dated 30.9.1983 whereby the extended zone of
consideration for SCs/STs in case of adhoc promotions was restricted to 5 times the number of
vacancies being filled on a particular occasion.
2. The Supreme Court in its judgement dated 7.9.2000 in the case of Union of India and others Vs.
Shri Basudeo Anil and others (Civil Appeal No.1194/1992) has quashed the Department of
Personnel and Administrative Reforms O.M. No.36011/14/83-Estt.(SCT) dated 30.9.1983. It has,
therefore, been decided to withdraw the Department of Personnel and Administrative Reforms
O.M. No.36011/14/83-Estt.(SCT) dated 30.9.1983 with immediate effect. Thus claims of the
Scheduled Caste/Scheduled Tribe candidates in the matter of adhoc promotions would henceforth
be regulated as per instructions contained in Department of Personnel and Administrative
Reforms O.M. No.36011/14/83-Estt.(SCT) dated 30.9.1983 with immediate effect. Thus claims of
the Scheduled Caste/Scheduled Tribe candidates in the matter of adhoc promotions would
henceforth be regulated as per instructions contained in Department of Personnel and
Administrative Reforms O.M.No.36011/14/83-Estt.(SCT) dated 30.4.1983.
3. All Ministries/Departments are requested to bring these instructions also to the notice of
Attached/Subordinate offices and Autonomous Bodies/Public Sector Undertakings under their
control for compliance.
(K.G. Verma)
Deputy Secretary to the Govt. of India

- 67 -

15)GI, DoP&T, OM No.36035/2/2003-Estt.(Res.) dated 29
th
October, 2003

Sub: Annual Reports regarding representation of persons with disabilities in services.
Attention is invited to this Departments OMs No.36037/11/90-Estt.(SCT) dated 17.7.1990 and
31.7.1990 whereby all Ministries/ Departments were requested to send annual reports about
utilization of vacancies reserved for persons with disabilities in group C and group D posts. A
number of changes have taken place in reservation policy since then including extension of
reservation for the disabled in group A and B posts in case of direct recruitment. Therefore, the
said reports have been reviewed in the light of para 125 of the Central Secretariat Manual of Office
Procedure and it has been decided in supersession of the OMs referred to above to prescribe
revised proformae for submission of the reports which all Ministries/Departments will send to this
Department by the end of March every year.
2. Soon after the first of J anuary of every year, each appointing authority shall send to its
administrative Ministry/Department:-
(i) PWD Report-I in the enclosed proforma showing the total number of employees, total number
of employees in the posts which have been identified suitable for persons with disabilities and
number of employees suffering from blindness or low vision, hearing impairment, and locomotor
disability or cerebral palsy as on the 1
st
January of the year, and
(ii) PWD Report-II in the enclosed proforma showing the number of vacancies reserved for
persons suffering from blindness or low vision, hearing impairment, and locomotor disability or
cerebral palsy and number of such persons actually appointed during the preceding calendar year.
3. The administrative Ministry/Department shall scrutinize the information received from all
appointing authorities under it and send consolidated PWD Report-I and PWD Report- II in
prescribed proformae in respect of the Ministry/Department including information in respect of all
attached and subordinate offices under its control to the Department of Personnel and Training by
the 31
st
March of each year. The reports sent to the DOPT should not include information in
respect of public sector undertakings, statutory, semi-Government and autonomous bodies.
Statutory, semi-Government and autonomous bodies should furnish consolidated information in
the prescribed proforma to the administrative Ministry/Department concerned who should
scrutinize, monitor and maintain it at their own level. The Department of Public Enterprises may
collect similar information in respect of all public sector undertakings.
4. While furnishing the reports to the Department of Personnel and Training it should be ensured
that consolidated information in respect of entire Ministry/Department including information of all
attached and subordinate offices is sent at one go and partial or incomplete information is not sent.
The attached/subordinate offices should send information to their administrative
Ministry/Department and should not send it direct to this Department. It should also be kept in
view that the figures in respect of persons with disabilities should include persons appointed by
reservation as well as appointed otherwise. The PWD Report I relates to persons and not to posts.
Therefore, while furnishing this report the posts vacant etc. should not be taken into account. In
this report persons on deputation should be included in the establishment of the borrowing
- 68 -

Ministry/Department /Office and not in the parent office and persons permanent in one grade but
officiating or holding temporary appointment in the higher grade should be shown in the figures
relating to the class of service in which the higher grade concerned is included.
5. All Ministries/Departments are requested to ensure that PWD Report I as on 1.1.2004 and PWD
Report-II for the year 2003 reach this Department by 31.3.2004 and reports for the subsequent
years are sent by stipulated date every year. They may issue necessary instructions to all their
attached/subordinate offices so that collection of information is not delayed.
(K.G. Verma)
Deputy Secretary to the Government of India

PWD REPORT - I
ANNUAL STATEMENT SHOWING THE REPRESENTATION OF THE PERSONS WITH DISABILITIES
IN SERVICES
(As on 01.01.2004)
MINISTRY / DEPARTMENT
ATTACHED / SUBORDINATE OFFICE:
Number of Employees
Group
Total In Identified
posts
VH
HH OH
1 2 3 4 5 6
Group A

Group B

Group C

Group D

Total

Note:
(i) VH stands for Visually Handicapped (persons suffering from blindness or low vision)
(ii) HH stands for Hearing Handicapped (persons suffering from hearing impairment)
(iii) OH stands for Orthopaedically Handicapped (persons suffering from locomotor disability or cerebral palsy)

- 69 -

PWD REPORT II
STATEMENT SHOWING THE NUMBER OF PERSONS WITH DISABILITIES APPOINTED DURING
THE YEAR
(For the Year 2003)
MINISTRY / DEPARTMENT
ATTACHED / SUBORDINATE OFFICE:
DIRECT RECRUITMENT

PROMOTION

No. of vacancies
reserved
No. of Appointments Made No. of vacancies
reserved
No. of Appointments Made
Group
VH HH OH Total In
Identified
Posts
VH HH OH VH HH OH T
o
t
a
l
In
Ident
ified
Posts
V
H
H
H
O
H



1 2 3 4 5 6 7 8 9 10 11 12 1
3
14 15 16
17
Group
A

NIL NIL NIL

Group
B

NIL NIL NIL

Group
C

Group
D

Note: (i) VH stands for Visually Handicapped (persons suffering from blindness or low vision)
(ii) HH stands for Hearing Handicapped (persons suffering from hearing impairment)
(iii) OH stands for Orthopaedically Handicapped (persons suffering from locomotor disability or cerebral palsy)
- 70 -

(iv) There is no reservation for persons with disabilities in case of promotion to Group A and B posts. However,
persons with disabilities can be promoted to such posts, provided the concerned post is identified suitable for persons
with disabilities.

16) GI, DoP&T, OM No.36012/17/2002-Estt.(Res) dated: the 6
th
November, 2003
Sub: Non- permissibility of exchange of reservation between SCs and STs.
The undersigned is directed to say that after introduction of post based reservation various
ministries/departments have been seeking clarification whether it is possible to fill up a post
reserved for Scheduled Tribes by a Scheduled Caste candidate or vice versa by applying the
principle of exchange of reservation between Scheduled Castes and Scheduled Tribes as was
possible when vacancy based rosters were in vogue.
2. Basic principle of post based reservation is that the number of posts filled by reservation by any
category in a cadre should be equal to the quota prescribed for that category. If exchange of
reservation between SCs and STs is permitted, number of employees of one reserved category of
employees appointed by reservation will go beyond reservation prescribed for that category. It
would be against the spirit of post based reservation. Therefore, after introduction of post based
reservation, it is not permissible to fill up a post reserved for Scheduled Tribes by a Scheduled
Caste candidate or vice-versa by exchange of reservation between SCs and STs.
3. If sufficient number of SC / ST / OBC candidates fit for appointment against reserved vacancies
are not available, procedure as given below should be followed for filling up such reserved
vacancies:
A. In cases of Direct Recruitment:
(i) Where sufficient number of candidates belonging to SC/ST/OBC are not available to fill up the
vacancies reserved for them in direct recruitment, the vacancies shall not be filled by candidates
not belonging to these communities. In other words, there is a ban on dereservation of vacancies
reserved for SCs, STs and OBCs in direct recruitment.
(ii) If sufficient number of suitable SC/ST/OBC candidates are not available to fill up vacancies
reserved for them in the first attempt of recruitment, a second attempt shall be made for recruiting
suitable candidates belonging to the concerned category in the same recruitment year or as early as
possible before the next recruitment to fill up these vacancies. If the required number of
SC/ST/OBC candidates are not even then available, the vacancies which could not be filled up
shall remain unfilled until the next recruitment year. These vacancies will be treated as "backlog
vacancies."
(iii) In the subsequent recruitment year when recruitment is made for the vacancies of that year
(called the current vacancies), the backlog vacancies of SCs, STs and OBCs will also be
announced for recruitment. While doing so it may be kept in view that the vacancies of the
particular recruitment year i.e. the current vacancies and the backlog vacancies of OBCs will be
- 71 -

treated as one group and backlog vacancies of SCs and STs as a separate and distinct group. Thus,
there will be two distinct groups of vacancies. One group will contain the current vacancies and
the backlog vacancies of OBCs, and the another group will contain backlog vacancies of SCs and
STs. While in respect of vacancies in the first group instructions that not more than 50% of the
vacancies can be reserved in a year will apply, all the backlog vacancies reserved for SCs and STs
will be filled up by the candidates belonging to concerned category without any restriction
whatsoever as they belong to distinct group of backlog vacancies of SCs and STs.
(iv) If vacancies reserved for SCs/STs/OBCs cannot be filled up and are carried forward as
backlog vacancies and remain unfilled in the following recruitment year also, they will be carried
forward as backlog vacancies for subsequent recruitment year(s) as long as these are not filled by
candidates of the category for which these are reserved.
(v) There may be rare and exceptional cases in Group A services, where posts cannot be allowed
to remain vacant in public interest. In such situations, the administrative Ministry/Department
under which the recruitment is being made shall make a proposal for dereservation giving full
justification for such action, and consult the National Commission for Scheduled Castes and
Scheduled Tribes in case of posts reserved for SCs/STs and the National Commission for
Backward Classes in case of posts reserved for OBCs and obtain the comments of concerned
Commission on each proposal. After obtaining the comments of the concerned Commission, the
administrative Ministry/Department shall place the proposal for dereservation alongwith the
Commissions comments before a Committee comprising the Secretaries in the Department of
Personnel and Training, in the Ministry of Social J ustice and Empowerment and in the
Ministry/Department under which the recruitment is being made for consideration and
recommendation. The recommendation of the Committee shall be placed before the Minister in
charge of the Department of Personnel and Training for a final decision. If dereservation of the
vacancies is approved, these can be filled by the candidate of other communities.
B. In cases of Promotion:
(i) In cases of promotion including promotion by selection from Group C to Group B, within
Group B and from Group B to the lowest rung of Group A, if sufficient number of SC/ST
candidates fit for promotion against reserved vacancies are not available, such vacancies may be
dereserved as per prescribed procedure and filled by candidates of other communities.
(ii) If sufficient number of SC/ST candidates fit for promotion against reserved vacancies are not
available and such vacancies can also not be dereserved for reasons like non-availability of
candidates of other categories to fill up the posts etc., the vacancies shall not be filled and will
remain unfilled until the next recruitment year. These vacancies will be treated as "backlog
vacancies."
(iii) In the subsequent recruitment year when recruitment is made for the vacancies of that year
(called the current vacancies), the backlog vacancies of SCs and STs will also be filled up, keeping
the current vacancies and the backlog vacancies of SCs and STs as two distinct groups. While in
respect of the current vacancies the instructions that not more than 50% of the vacancies can be
reserved will apply, all the backlog vacancies reserved for SCs and STs will be filled up by
- 72 -

candidates belonging to the concerned category without any restriction whatsoever as they belong
to distinct group of backlog vacancies.
(iv) If backlog vacancies reserved for SCs/STs cannot be filled up by reservation and can also not
be dereserved in the subsequent recruitment year as well, such backlog vacancies will be carried
forward as backlog reserved vacancies for subsequent recruitment year(s) as long as these are not
filled by candidates of the category for which these are reserved or by candidates of other
communities after dereservation.
4. In cadres having more than 13 posts, number of posts filled by reservation by any category at
any point of time should ideally be equal to the quota determined as per percentage of reservation
prescribed for that category. Whenever the posts are filled, efforts have to be made to complete
reservation quota for SCs/STs/OBCs in case of direct recruitment and for SCs/STs in case of
promotion so that the number of posts filled by reservation by SCs, STs and OBCs, as the cases
may be, in the cadre is equal to the number of posts earmarked for them. It means that if
reservation quota is not complete, efforts would be made to complete the reservation quota
whenever the recruitments are made in the cadre. Thus, reservation would not lapse in case of post
based reservation for the reason that reserved posts could not be filled for a specified number of
years.
5. In cadres having 13 or less number of posts where 14 point L-shaped rosters are applied, if a
reserved vacancy is filled by a candidate belonging to other community after dereservation, the
reservation will be carried forward for subsequent recruitment year. Such carry forward of
reservation would be permitted for three subsequent recruitment years. In the third year of carried
forward of reservation, the vacancy will be treated reserved for the concerned category, but if it
cannot be filled by reservation in the third year of carried forward of reservation by a candidate of
the concerned category, reservation will be treated as lapsed and it will be filled as an unreserved
vacancy.
6. It is possible that some posts reserved for STs might have been filled by SC candidates by
exchange of reservation or vice versa before issue of this OM. Such cases need not be reopened.
However, if number of SC or ST candidates appointed by reservation including by exchange of
reservation between SCs and STs is in excess of reservation prescribed for them, such excess
representation may be adjusted in future recruitment.
7. All the Ministries/Departments are requested to bring these instructions to the notice of all
offices/organizations/establishments etc. under their control.
(K.G. Verma)
Deputy Secretary to the Government of India


- 73 -

17) GI, Do P&T, OM No.36028/21/2003-Estt.(Res) dated 29
th
January 2004
Sub: Concessions to Scheduled Castes and Scheduled Tribes in post filled by promotion by
selection posts within Group A (Class I)
The undersigned is directed to invite a reference to the Ministry of Home Affairs OM No.1/9/69-
Estt.(SCT) dated 26
th
March, 1970 which, as amended vide this Department OM No.36012/12/88-
Estt.(SCT) dated 21.9.1988, provides that in promotions by selection to posts within Group A
(Class I) which carry an ultimate salary of Rs.5700/- per month or less, the Scheduled
Caste/Scheduled Tribe officers, who are senior enough in the zone of consideration for promotion
so as to be within the number of vacancies for which the select list has to be drawn up, would be
included in that list provided. They are not considered unfit for promotion. The scales of pay of
Group A post have been revised on the basis of the recommendations of the 5
th
Central Pay
Commission. Keeping that in view, it has been decided that orders contained in the aforesaid OM
would apply to promotions by selection to posts within Group A carrying an ultimate Salary of
Rs.18300/- or less in the revised scale of pay.
2. All Ministries/Departments are requested to bring the above decision to the notice of all
concerned.

(K.G. Verma)
Deputy Secretary to the Govt .of India

18) DoP&T OM No. 3612/2396-Estt. (Res) dated 22 July, 1997
Sub: Reservation in promotion Prescription of Lower Qualifying Marks / Lesser Standard of
Evaluation.

1. O.M. No. 812/69-Estt (SCT) dated 23.12.1970 - Annexure A
2. O.M. No. 36021/10/76 Estt (SCT) dated 21.1.1977 - Annexure B
3. Para 6.3.2 of the DPC guidelines circulated vide O.M. No. 22011//5/86 Estt. (D) dated
10.04.1989.
1. The undersigned is directed to say that in terms of instruction noted in the margin.
Certain relaxations/concession in the matter of qualifying marks/standards of
evaluation of performances are to be made in favour of candidates belonging to
the Scheduled Castes and the Scheduled Tribes while considering them for
promotion.
2. The validity of such lower qualifying marks/lesser standards of evaluation was called into
question in court in the context of the judgment of the Supreme Court in the case of Indira
Sawhney Vs. Union of India. The Supreme Court, in the case S. Vinod Kumar Vs: Union
of India 1996 (8) S.C.6431 has he4ld that the provision for lower qualifying marks/lesser
level of evaluation, in the matter of promotion, provides for candidates belonging to the
- 74 -

Scheduled Castes and the Scheduled Tribes under Government Instruction, is not
permissible under Article 16(4) in view of the command contained in Article 335 of the
Constitution. The Court has further observed that even if it is assumed for the sake of
argument that reservation is permitted by Article 16(4) the matter of promotion, a
provision for lower qualifying marks or lesser level of evaluation is not permissible in the
matter of promotion, by virtue of Article 335. The Court also held that the protection for
reservation for five years, given by the Supreme Court vide Para 829of the judgment in
India Sawhneys case, did not save the provision for lower qualifying marks/lesser level of
evaluation.
3. It has accordingly been decided to withdraw the instruction contained in the Departments
O.M.No.8/12/69 Estt (SCR) dated 23/12/70 and O.M.No.36021/10/76 Estt(SCT) dated
21/11/1977.in so far these provide for lower qualifying marks for Scheduled
Castes/Scheduled Tribes candidates in department qualifying/competitive examination for
promotion. Similarly the relevant portions of Para 6.3.2 of the DPC guidelines circulated
wide this Departments O.M.No.2101/5/86-Estt(D) dt: 10-04-1989,to the extent that they
provide for consideration of Scheduled Castes/Scheduled Tribes candidates without
reference to merit and the prescribed beach mark are hereby rescinded.
4. It is clarified that the and the effect of these instruction is that henceforth there shall be no
separable standard of evaluation for candidates of the Scheduled Castes/Scheduled Tribes
or promotion, and assessment of all candidates of the Government, Which provide for
lower qualifying marks/lesser standard of evaluation matter of promotion for candidates
belonging to the Scheduled Castes/Scheduled Tribes, may also be treated as having been
modified to this extent.
5. These instructions take immediate effect.

(Y.C. Parande)
Director (Reservation)





ANNEXURE A
GI, DoP&T, OM No. 8/12/69-Estt (SCT) dated 23-12-70
Sub: Relaxation of standards in favour of Scheduled Castes/Scheduled Tribes candidates in
department competitive exanimations for promotion and in departmental
confirmation examinations.

Attention of the Ministry of Finance etc. is invited to Ministry of Home
Affirs O.M. No.1/1/70-Estt (SCT) dt the 25/6/1970. In which it has been
provided that in the case of direct recruitment, whether by examination
or otherwise, if sufficient number of Scheduled Castes/Scheduled
Tribes candidates are not available on the basis of the general
standard to fill all the vacancies reserved for them, candidates
belonging to these communities may be selected to fill up the
- 75 -

remaining vacancies reserved for them provided they are not found
unfit for appointment to such post or posts. A question has been
raised whether relaxation in the qualifying standards could be granted
to Scheduled Castes/Scheduled Tribes candidates on the same basis
on promotions made through department competitive examinations
and in departmental conformation examination where such
examination are prescribed to determine the suitability of candidates
for conformation. The matter has been carefully considered and it has
been decided has that in promotions made through such examinations,
Scheduled Castes/Scheduled Tribes candidates who have not acquired
the general qualifying standard in such examination could also be
considered for promotion confirmation provided they are not found
unfit for such promotions confirmation. In other words, the qualifying
standard in these examination could be relaxed in favour Scheduled
Castes/Scheduled Tribes candidates in keeping with the above
criterion.








- 76 -

ANNEXURE B
GI, DoP&T, OM No. 8/12/69-Estt (SCT) dated 22-01-77

Sub: Relaxation of standards in the case of Scheduled Castes/Scheduled
Tribes candidates Qualifying examination for promotion to the higher
grade On the basis of seniority subject to fitness.

The undersigned is directed to refer to this Departments Office
Memorandum No.8/12/69-Estt (SCT) dt the 23/12/1970 in which it has
been provided that in promotions made through department
competitive examination and in departmental confirmation
examinations, if sufficient number of Scheduled Castes/Scheduled
Tribes candidates are not available on the basis of the general
standard to fill the vacancies reserved for them, candidates belonging
to these communities who have not acquired the general qualifying
standard should also be considered for promotion/confirmation
provided they are not found unfit for such promotion/confirmation. A
question has been raised whether relaxation in qualifying standards
should be granted to Scheduled Castes/Scheduled Tribes candidates,
on the same basis, in promotions on the basis of seniority subject to
fitness, where fitness is decided on the basis of qualifying
examination. The matter has been carefully considered and it has now
been decided that in promotion made on the basis of seniority subject
to fitness in which there is reservation for Scheduled
Castes/Scheduled Tribes in accordance will the Departments Office
Memorandum No. 27/2/71 Estt (SCT) dt 27/11/1972,and where a
qualifying examination is held to determine the fitness of candidates
for such promotion suitable relaxation in qualifying standard in such
examination should be made in the case of Scheduled
Castes/Scheduled Tribes candidates. The extent of relaxation should
however be decided on each occasion whenever such an examination
is held taking into account all relevant factors including (I) the number
of vacancies reserved,(ii) the performance of Scheduled
Castes/Scheduled Tribes candidates as well as general candidates in
that examination (iii) minimum standard of fitness for appointment to
the post, and also (iv) the overall stength of the cadre and of the
Scheduled Castes/Scheduled Tribes in that cadre.

The Ministry of Finance etc. are requested to bring the above decision
to the notice of all authorities concerned.
- 77 -

ANNEXURE C

GI, DoP&T, OM No. 22011/5/86-Estt (SCT) dated 10-04-1989 - extract

Para 6.3.2

(i) In promotion by selections to posts/services within group A which carry an ultimate
salary of 5700/-p.m. in the reversed scale, the SCs/STs officers, who are senior enough in
the zone of consideration for promotion so as to be within the number of vacancies for
which the select list has to be drawn up. Would not with standing the prescription of bench
mark be included in that list provided they are not considered unfit for promotion.
(ii) In promotion by selection to posts/services in Group B within Group B and from Group
B to the lowest rung in Group A selection against vacancies reserved for SCs and will
be made only from those SCs/STs office, who are within normal zone of consideration
prescribed vide the Department of Personnel and A.R.O.M. No. 22011/3/76-Estt (D) dated
24/12/1980. Where adequate number of number of SCs STs candidates are not available
within the normal field of choice, it may be extended to five time the number of vacancies
and the SCs/STs candidates coming within the vacancies reserved for them. If candidates
form SCs/STs obtain on the basis of merit with due regard to seniority on the same basis as
other, laser number of vacancies then the number reserved for them, the difference should
be made up by selecting candidates of these communities, who are in the zone of
consideration, irrespective of merit and bench mark but who are considered fit for
promotion.
(iii) As regards promotion made by selection in Group C and D posts services, Select Lists
of SCs/STs office should be drawn up separately in addition to the general select list, to fill
up the reserved vacancies SCs/STs officers who are within the normal zone of
consideration, should be considered for promotion along with others and adjudged on the
same basis as other and those SCs and STs amongst them, who are selected on that basis
may be included in the general select list in addition to them being considered for inclusion
in the separate select list for SCs and STs respectively. In the separate select list drawn up
for (i) SCs and STs, officers belonging to the SCs and STs as the case may be will be
adjudged separately amongst them selves and not along with others if selected, they
should be included in the concerned separate list, If irrespective of their merit as compared
to other officers and the bench mark determined by the cadre authorities . If candidates
form SCs/STs obtain on the basis of their position in the aforesaid general list lesser
number of vacancies than are reserved for them, them difference should be made up by
selected candidates of these communities in the separate Select Lists for SCs and STs
respectively.




- 78 -

19) GI, DoP&T OM No. 36012/18/95-Estt. (Res), Pt.ll dated 13-8-1997
Regarding Reservation for The SCs/STs in promotion

Sub: Reservation for SC/ST in promotion to continue till such time SC/ST representation
reaches the prescribed percentage

The undersigned is directed to invite attention to this Departments O.M. No. 36012/37/93-
Estt(SCT) dated 19-8-1993 clarifying that the Supreme Court had, in the Indira Sawhney case
permitted the reservation, for the Scheduled Castes and Scheduled Tribes, in promotion to
continue for a period of five year from 16.11.1992.

Consequent to the judgment in Indira Sawhneys case, the Constitution was amended by the
Constitution (Seventy Seventh Amendment ) Act,1995 and Articles 16 (4a) was incorporated in
the Constitution. This Article enables the State to provide for reservation, in matters of promotion,
in favour of the Scheduled Castes/Scheduled Tribes, which in the opinion of the State are not
adequately represented in Service under the state.

In pursuance of Article 16 (4A), it has been decided to continue the reservation in promotion as at
present for the Scheduled Castes/Scheduled Tribes in the services/posts under the Central
Government beyond 15/11/1997 till such time as the representation of each of the above two
categories in each cadre reached the prescribed percentages of reservation whereafter, the
reservation in promotion shall continue to maintain the representation to the extent of the
prescribed percentage for the respective categories.

All Ministries/Department are requested to urgently bring these instructions to the notice of all
their attached/subordinate office as the Public Sector Undertaking and Statutory Bodies etc.


(Y.C. Parande)
Director (Reservation)
















- 79 -

20) GI, DoPT OM No. 36012/5/97-Estt(Res),dated 29-8-1997
Regarding Modification of instruction to provide that 50% limit shall apply to
current as well as Backlog Vacancies and Discontinuation of Special
Recruitment Drive

1. The undersigned is directed to invite reference to the instruction
contained in this Department O.M. No. 36012/6/88-Estt (SCT) dated
25/4/1989, according to which, for the purpose of determining the
ceiling of 50% on reservation, reservation against the current
vacancies and the backlog vacancies are to be treated as two
distinct groups. It was also laid down that the instruction to the
effect that not more than 50% of the vacancies could be reserved for
SCs/STs, Physically Handicapped etc. would apply only in respect of
current vacancies arising in a year would not apply in case of
backlog vacancies reserved for SCs/STs, which would continue to
be filled up without any restriction.
2. The Supreme Court in the judgment in the case of Indira Sawhney Vs, Union of India inter-alia
validated the carry forward rule under which reservation are carried forward from year to
year. However, while doing so, the Court also directed that the application of this rule,in
whatever manner it was operated, should not result in the breach of the 50% rule. In other
words, the judgment laid down that the number of vacancies to be filled on the basis of
reservation in a year, including carried forward reservation, should in no case exceed the 50%
limit It is therfore not possible now to treat the current and the backlog resrvation on separate
footings, in the manner contemplated in Departments O.M. dated 25/4/1989 mentioned in para
above.
3. In view of the position stated above for the purpose of applying the rule of 50% a year has to
be taken as the unit and not the entire strength of the cadre the service or the unit, as the case
may be. Thus, not more than 50% of vacancies in a year, including the backlog, can be filled
on the basis if reservation for SCs STs/OBCs. In the light of this, henceforth backlog vacancies
for the purpose application of 50% ceiling on reservation shall not be treated as a distinct
group and the instruction contained in the O.M. dated 25/4/1989 may be treated as modified to
this extent.
4. This highlights the need to erasure timely filling up of reserved posts in order to avoid
accumulation of backlog this Department has been issuing instructions from time to time
stressing this aspect and laying down the steps to be taken for proper filling up of reserved
posts. For instance, instructions contained in this Departments O/M/ No. 42/21/49-NGS dated
28/1/1952, O.M. No. 3622/4/76-Estt (SCT)dated 7/8/1976 and O.M. No.36034/2/78-Estt
(SCT) dated 27/2/1978 lay down the procedures to be followed in the respect. Similarly, para 2
or the O.M. dated 25/4/1989requires a second attempt to be made for recruitment if the first
attempt to effect recruitment in reserved posts face. All ministries/department are requested to
ensure compliance with these instruction and to make all-out efforts to fill the reserved posts in
the same year so that the backlog is minimized.
5. The instruction take immediate effect.
- 80 -

6. All Ministries/Department are also requested to bring these instruction to the notice of their
Attached/Subordinate offices and Autonomous Bodies/Public Sector Undertakings under their
control for compliance.

(Y.C. Parande)
Director (Reservation)




21) GI, DoP&T OM No. 36024/5/97-Estt (Res) dated 5-1-1998
Regarding Permission to SC/ST Employees to Write to the National Commission for SC/ST
Directly
The undersigned is directed to invite reference to MHAs O.M. No.8/2/69 (SCT) (l) dated 1/10/74,
O.M. No. 17016/1/76-SCT (1) dated 8/4/76 and Department of Personnel and Training O.M. No.
36012/25/92-Estt(SCT) date 1/9/1992 and to reiterate that Scheduled Castes and Scheduled Tribes
employees may be permitted to write to the National Commission for Scheduled Castes and
Scheduled Tribes direct on matter relating to appointment against the reserved quota. It is not
necessary for Scheduled Castes/ Scheduled Tribes Govt.. employees to seek prior permission of the
concerned administrative Ministries/Departments for sending their representations to the National
Commission for
Scheduled Castes and Scheduled Tribes
All ministries/Department may please issues appropriate instruction to their subordinate
formations. They may also apprise Scheduled Castes/Scheduled Tribes employees of the above
instructions.


(J. Kumar)
(Under Secretary to the Govt. of India)

















- 81 -


22) GI, DoP&T OM No. 36011/1/98-Estt [Res] dated 1
st
July, 1998

Regarding Selection of SC/ST/OBC on own Merit without Relaxations / Concessions

1. The undersigned is directly refer to this Departments OM No. 36012/13/88-Estt (SCT) dated
May 22, 1989 and clarify that the instructions contained in the OM apply in all types of
direct recruitment whether by written test alone written test followed by interview or by
interview alone.

2. The OM dated May 22, 1989 reserved to above and the OM no. 36012/2/96 -Estt [Res], dated
J uly 2, 1997provided that in cases of direct recruitment, the SC/ST /OBC candidates who are
selected on their own merit not be adjusted against reserved vacancies.

3. In this connection, it is clarified that only such SC/ST/OBC candidates who are selected on the
same standard as applied to general candidates shall not be adjusted against reserved vacancies.
In other words, when a relaxed standard is applied in selecting a SC/ST/OBC candidates, for
example in the age limit, experience qualification permitted number of chances in written
examination, extended zone of consideration larger than what is provided for general category
candidates etc., the SC/ST/OBC candidates are to be counted against reserved vacancies Such
candidates would be decided as unavailable for consideration against unreserved vacancies.

S/d
(J. Kumar)
(Under Secretary to the Govt. of India)

- 82 -


23) GI, MoI, DoPE OMNo-24(11)96(GL-010)/GM dated the November 2, 1998

Sub: Recruitment to Posts in Public Sector Enterprises through National Employment
Service-Issue of revised guidelines regarding

1. The undersigned is directed to say that the scheme of Employment Exchange procedure came
under the judicial scrutiny of the Supreme Court in the Dist., Andhra Pradesh vs K.P.N
Visweshwara Rao and inter-alia, directed as follows:-
It should be mandatory for the requisitioning authority/establishment to intimate the
employment exchange should sponsor the names of candidates to the requisitioning
Departments for selection strictly according to seniority and reservation, as per requisition. In
addition, the appropriate Department of undertaking or establishment, should call for the
names by circulation and also display on their office notice boards or announce on radio,
television and employment news bulletins and consider the cases of all the candidates who
have applied.

2. In view of the need to incorporate the directions of the Supreme Court, it has been decided to
consolidate all existing instructions in this regard and issue revised guidelines as follows:-
PSEs are required to notify all vacancies meant for recruitment to the post carrying scales of
pay, the maximum of which does not exceed Rs. 2,500 per month pre-revised as indicated in
DPEs OM No. 2[48]/91-DPE[WC] dated 6 April, 1992 to the Employment Exchange[CNV]
Rule, 1960 and make recruitment through National Employment Service. In addition to
modifying the vacancies for the relevant categories to the Employment Exchange, the
requisitioning authority/ establishment may keeping in view administrative/ budgetary
convenience, arrange for the publication of the recruitment notice for such categories in the
Employment News published by the Publication Division of the Ministry of Information
and Broadcasting Govt. of India and then consider the cases of all the candidates who have
applied. In addition to above, such recruitment notices should be displayed on the office notice
boards also for wider publicity

3. These guidelines will take effect from the date of issue and will not apply to such case where
process of recruitment through employment exchanges/open advertisement has been intimated
before the said date.

4. All the administrative Ministries/Departments are requested to bring the aforesaid instructions
to the notice of PSUs under their administrative control for strict adherence.

[A. Luikha]
Director
- 83 -

24) GI, DoP&T, OM No.20011/1/2001-Estt.(D) dated 21st January,2002

Sub: Seniority of SC/ST Government servant on promotion by virtue of rule of
reservation/roster

1. The seniority of a person appointed to a post is determined according to the general principle
5(i) contained in MHA OM No. 9/11/55-RPS dated 22.12.1959 and para 2.2. in DOPT OM
No. 22011/7/86-Estt.(D) dated 3.7.1986 read with DOPT OM No.20011/5/90-Estt.(D) dated
4.11.1992. Seniority of such persons is determined by the order of merit indicated at the time
of initial appointment and seniority of persons promoted to various grades is determined in
order of selection for such promotion. Thus, as per the aforementioned instructions, persons
appointed through an earlier selection would en bloc be senior to those promoted through
subsequent selection.

2. This position was reviewed subsequent to the judgment of the Supreme Court dated
10.10.1995 in the case of Union of India vs.Virpal singh Chauhan etc. (J T 195(7) SC.231) and
it was decided vide DOPT OM No 2011/1/96-Estt.(D), dated 30.1.1997, to modify the then
existing policy by addition of the proviso to general principle 5(i) contained in MHA(now
DOPT) OM No-9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No-22011/7/86-
Estt.(D) dated 3.7.1986, which stipulated that if a candidate belonging to the Scheduled caste
or the Scheduled Tribe is promoted to an immediate higher post/grade against a reserved
vacancy earlier than his senior general/OBC candidates will regain is seniority over such
earlier promoted candidate of the Schedule caste and the Schedule Tribe in the immediate
higher post/grade.

3. The Government have now decided to negate the effects of the DOP&T OM dated 30 jan1997,
by amending Article 16 (4A) of the Constitution right from the date of its inclusion in the
Constitutional i.e. 17 J une 1995 with a view to allow the Government servant belonging to
SCs/STs to retain the seniority in the case of promotion by virtue of rule of reservation. In
other words, the candidates belonging to general/OBC categories promoted latter will be
placed junior to the SC/ST Government servant promoted earlier even though by virtue of the
rule of reservation.

4. Therefore, in pursuance of the aforementioned constitution (eighty-fifth) Amendment Act,
2001,it has been decided as follows-

(I) (a) SC/ST Government servant shall, on their promotion by virtue rule of
reservation/roster, be entitled to consequential seniority also ; and
(b) The above decision shall be effective from 17 J une 1995.

(II) The instructions contained in DOPT OM No.20011/1/96-Estt.(D) dated 30.1.1997 as well
as the clarification contained in DOPT OM No-20011/2/97-Estt.(D) dated 21.3.1997 shall
stand withdrawn w.e.f.30.1.1997 itself.

(III)Seniority of Government servant determined in the light OM dated 30.1.1997 shall be
revised as if that OM was never issued.
- 84 -


(IV) (a) On the basis of the revised seniority, consequential benefit like promotion, pay,
pension, etc. should be allowed to the concerned SC/ST Government servant (but without
arrears by applying principle of no work no pay).
(b) For this purpose, senior SC/ST Government servant may be granted promotion with
effect from the date of promotion of their immediate junior general/OBC Government
servants.
(c) Such promotion of SC/ST Government servant may be ordered with the approval of the
Appointing Authority of the post to which the Government servant is to be promoted at
each level after following normal procedure of DPE (including consultation with UPSC).

(V) Except seniority other consequential benefits like promotion, pay, etc.(including retrial
benefit in respect of those who have already retired ) allowed to general/OBC Government
servant by virtue of implementation of OM dated 30.1.1997 and /or in pursuance of the
directions of CAT/Court should be protected as personal to them.

5. All Ministries/Departments are requested to bring the above decisions to the notice of all
concerned for guidance and compliance. Necessary action to implement the decision
contained in para 4 (III) above may be completed within three months from the date of
issue of these instructions and necessary action to implement the decision at para (IV)
above may be completed wit in 6 months from the date of issue of these instructions.




- 85 -

25) GI, DoP&T OM No. 36028/17/2001-Estt.(Res.) dated 11
th
July, 2002

Sub: Reservation in promotion Treatment of SC/ST candidates promoted on their own merit.

1. The undersigned is directed to say that this Department has been receiving references from
various Ministries etc. regarding adjustment of SC/ST candidates promoted on their own merit
in the reservation rosters introduced vide DOPTs OM No. 36012/12/96-Estt.(Res.) dated
2.7.1997 that the SC/ST/OBC candidates appointed by direct recruitment on their own merit
and not owing to reservation will be adjusted against unreserved points of the reservation
roster, doubts have been raised about SC/ST candidates promoted on their own merit. It is
hereby clarified that:-
(ii) The SC/ST candidates appointed by promoted on their own merit and owing to reservation or
relaxation of qualifications will not be adjusted against the reserved points of the reservation
roster. They will be adjusted against unreserved points.
(iii) If an unreserved vacancy arises in a cadre and there is any SC/ST candidates within the
normal zone of consideration in the feeder grade, such SC/ST candidate cannot be denied
promotion on the plea that the post is not reserved. Such a candidate will be considered for
promotion alongwith other candidates treating him as if he belongs to general category. In
case he is selected, he will be appointed to the post and will be adjusted the unreserved point.
(iv) SC/ST candidates appointed on their own merit (by direct recruitment or promotion) and
adjusted against unreserved points will retain their status of SC/ST and will be eligible to get
benefit of reservation in future/further promotions, if any.
(v) 50% limit on reservation will be computed by excluding such reserved category candidates
who are appointed / promoted on their own merit.

2. All Ministries/Department are requested to bring the contents of this OM to the notice of all
authorities under them for information and compliance.












- 86 -

GI, DoP&T OM No.43011/10/2002-Estt.[Res] dated 19th December, 2003

Sub: Annual Reports regarding representation of SCs, STs and OBCs in the Central
Government Services

The Undersigned is directed to say that each Appointing Authority is required to send several
reports and returns in respect of Scheduled Castes {SCs}, Scheduled Tribes {STs} and Other
Backward Classes {OBCs} to the Ministry/Department concerned and Ministries/Departments in
turn are required to send consolidated reports and returns to the Department. These reports and
returns have been reviewed in the light of para 125 of the Central Secretariat Manual of Office
Procedure and it has been decided to discoutinue all of them and to prescribe two annual reports
namely SC/ST/OBC Report-I and SC/ST/OBC Report-II in place thereof,

2. Soon after the first of J anuary of every year, each Appointing Authority shall send to the
Ministry/Department concerned:-

{i} SC/ST/OBC Report-I in the enclosed proforma showing the total number of
Government servants and the number of SCs, STs and OBCs amongst them as on the 1st
J anuary of the year and the number of appointment made during the preceding calendar
year along with the number of SCs, STs and OBCs amongst them.

{ii} SC/ST/OBC Report-II in the enclosed proforma showing the representation of SCs,
STs and OBCs in various grades of organized group A services as on the 1st J anuary of
the year and the particulars of recruitment to the various grades during the preceding
calendar year in the service.

3. Each Ministry/Department shall consolidate the information received from all Appointing
Authorities under it and shall to the Department of Personnel and Training by the 31st
March of each year:-

(i) Consolidated SC/ST/OBC Report-I in respect of the Ministry/Department including
information in respect of all Attached and Subordinate Offices under its Control.

(ii) SC/ST/OBC Report-II in respect of each organized Group A service under its control
reflecting grade-wise position of the representation of SCs/STs/OBCs in the service as on 1st
J anuary of the year and particulars of recruitment to various grades of the service during the
preceding calendar year.

4. Information in respect of public sector undertakings, statutory, semi-Government and
autonomous bodies should not be included in the above referred reports sent to the
Department of Personnel and Training. Statutory, semi-Government and autonomous
bodies should furnish consolidated information in the prescribed proforma to the
administrative Ministry/Department. The administrative Ministry/Department may
maintain this information in respect of all statutory, semi-Government and autonomous
bodies under its control. The Department of Public Enterprises may collect similar
information in respect of all public sector undertakings and may maintain it.
- 87 -


5. Liaison Officers nominated in the Ministries/Departments and in offices under the Heads of
Department will ensure timely submission of these reports by each Appointing Authority in
the offices under their charge. They will also ensure timely submission of consolidated
reports to the Departments of Personnel and Training. Failure to submit these reports in
time without any valid reason should be brought to the notice of the Secretary/Additional
Secretary to the Government in the Ministry/Department or to the Head of the Department
in respect of offices under the Head of the Department. It is also to be ensured that the
reports on receipt in Ministry/Department are critically examined and analyzed and the
deficiencies noticed, if any, are pointed out to the appointing authorities concerned
expeditiously so that they can take necessary corrective measures without any delay.

6. While furnishing the figures of representation of SCs, STs and OBCs in Report-I
information in respect of the posts of sweepers/safai karamcharies should not be included
as such inclusion results in inflating the figures of representations of SCs in group D posts.
In the report, information in respect of group D posts {excluding sweepers} and group D
posts {sweepers } should be given separately.

7. The following points may also be kept in view while furnishing the reports:-

i. Consolidated figures should be given under each group.

ii. The reports relate to persons and not to posts. Therefore, the posts vacant etc should not be
taken into account

iii. A person on deputation should be included in the establishment of the borrowing
Ministry/Department/Office and not in the parent office

iv. Persons permanent in one grade but officiating or holding temporary appointment in the
higher grades should be shown in the figures relating to the class of service in which the
higher grade concerned is included.

v. Figure in respect of Scheduled Castes, Scheduled Tribes and Other Backward Classes
should include persons appointed by reservation as well as appointed on their own merit.

vi. Attached/Subordinate Offices should not send information direct to this Department. They
should send it to their administrative Ministry/Department.

vii. Ministries/Department should not send partial or incomplete information to the DOPT and
should send consolidated information in respect of entire Ministry/Department including
information from all Attached and Subordinate Offices at one go.
(K.G. VERMA)
Deputy Secretary to the Government of India



- 88 -









Principles for
making &
operating post
based rosters.
















- 89 -


MAINTENANACE OF ROSTERS UNDER POST-BASED SYSTEM GUIDELINES

To give proper effect to the percentages of reservation prescribed by the Govt. of India for SCs,
STs and OBCs every appointing authority shall treat the vacancies as reserved or unreserved
according to the respective reservation rosters. Initially the vacancy-based rosters were prescribed
I order to implement the Govt. Policy on reservation of jobs for the SCs, STs and the OBCs. Each
vacancy was treated as reserved or unreserved as per the roster point on which it fell. The
application of the percentages of reservation through the vacancy-based roster was called into
question before courts. The constitution Bench of the Supreme Court in the case of R.K.
Sabharwal Vs State of Punjab as well as J .C.Malik vs. Ministry of Railways, held in 1995 that
the reservation of jobs for the backward classes i.e. SC, ST and OBC should apply to posts and not
to vacancies. Accordingly the vacancy-based rosters were replaced by the Govt. of India by post-
based rosters with effect form 02.07.1997, as per details below:

1. Recruitment made on all India basis by open / written competitive examination the 200 point
roster (refer DoPT Order No. 36012/2/96/Estt (Res), dated 2
nd
J uly, 1997).
2. Recruitment made on all India basis otherwise than by open / written competitive examination
in the 120 point roster (refer DoPT Order No. 36012/2/96-Estt (Res), dated 2
nd
J uly, 1997).
3. Recruitment of Group C and D posts attracting candidates form a locality or region through
Employment Exchange according to 100 point roster (refer DoPT Order No. 36012/2/96-
Estt (Res), dated 2
nd
J uly, 1997).
4. Posts filled by promotion to which reservation orders apply, in the 200 points roster (refer
DoPT Order No. 36012/2/96-Estt (Res), dated 2
nd
J uly, 1997).

The Post-based roster would be prepared on the following principles:

1. Since reservation for OBCs does not apply to promotions, there shall be separate rosters for
direct recruitment and for promotions.
2. The number of points in the roster shall be equal to the number of posts in the cadre. In
case there is any increase or decrease in the cadre strength in future, the rosters shall be expanded
/ contracted correspondingly.
3. Cadre for the purpose of a roster shall mean a particular grade and shall comprise the
number of posts to be filled by a particular mode of recruitment in terms of the applicable
recruitment rules. Thus in a cadre of say 200 points, where the recruitment rules prescribed a
ratio of 50:50 for direct recruitment and promotion, two rosters one for direct recruitment and
one for promotion (when reservation in promotion applies) each comprising 100 points shall be
drawn up on the lines of the respective model rosters.
4. Since reservation does not apply to transfer on deputation/transfer, where the recruitment
rules prescribe a percentage of post to be filled by this methods , such posts shall be excluded
while preparing the roster.
5. In small cadres of up to 13 posts, the method prescribed for preparation of rosters does not
permit reservation to be made for all the three categories. In such cases, the administrative
Ministries/Department may consider grouping of posts in different cadres as prescribed in MHA
OM No. 4221/49-NGS dated 28.01.1952 and subsequent orders reproduced at pages 70 to 74 of
the Brochure on Reservation for Scheduled Castes and Scheduled Tribes (8
th
Edition) and
- 90 -

prepare common rosters for such groups. In the event it is not possible to resort to such grouping
the rotational rosters for cadre strength upto 13 posts may be followed.
6. At the stage of initial operation of roster with effect from 02.07.97, it will be necessary to
adjust the existing appointments in the roster. This will also help in identifying the
excesses/shortages, if any, in respective categories in the cadre. This may be done starting from
the earliest appointments and making an appropriate remark utilized by SC/ST/OBC/GEN, as the
case may be against each point in the rosters as explained in the explanatory notes reproduced
below. In making these adjustments, appointments of candidates belonging to SC/ST/OBCs
which were made on merit (and not due to reservation) are not be counted towards reservation. In
other words, they are to be treated as general category appointments. SC/ST candidates appointed
on their own merit (by Direct Recruitment or Promotion) and adjusted against unreserved points
will retain their status of SC/ST/OBC and will be eligible to get unreserved benefit of reservation
in future or further promotions, if any. 50% limit on reservation will be computed by excluding
such reserved category candidates who are appointed / promoted on their own merit without
violating any relaxation/concession or against unreserved points/vacancies.
7. Excess, if any, would be adjusted through future appointments and the existing
appointments would not be disturbed.

The principles of operating these rosters as explained in the detailed
instructions have been reproduced below:


(ANNEXURE-I TO O.M.No. 36012/2/96-Estt.(Res) Dated 02-07-1997)

EXPLANATORY NOTES :-

1. As hitherto, these rosters are only an aid to determine the entitlement of different categories
with regard to the quota reserved for them. They are not to determine seniority.
2. The model rosters have been drawn up keeping in mind two fundamental principles the
reservation for the entitled categories is to be kept within the prescribed percentage of
reservation and the total reservation should in no case exceed 50% of the cadre.
3. There should be separate rosters for direct recruitment and for promotions where
reservation in promotion applies.
4. The number of points in each roster shall be equal to the number of posts in a cadre.
5. While cadre is generally to be construed as the number of posts in a particular grade, for
the purpose of preparation of roster, it shall comprise posts required to be filled by a
particular mode of recruitment in terms of the applicable recruitment rules. To illustrate, in
a cadre comprising 200 posts, where the recruitment rules prescribe a ration of 50:50 for
direct recruitment and promotions, the roster for direct recruitment shall have 100 points
and that for promotion shall have 100 points thus making a total of 200.
6. As indicated in the model, roster, the method for making a roster is to multiply each post
by the prescribed percentages of reservation for the different reserved categories. The point
- 91 -

at which the multiple for a community obtains a complete number or oversteps the number
is to be reserved for that community while taking care to evenly space out the different
reserved categories. Thus, at point no. 15, in the roster at Annexure-II both OBC and SC
get entitled. However, since earlier reserved point has gone to OBC, point no. 15 has been
reserved for SC and point No. 16 for OBC.
7. Since reservation does not apply to transfer/transfer on deputation, where rules prescribe a
percentage of posts to be filled by this method, the corresponding proportion of posts
should be excluded while drawing u the rosters.
8. It would be noted that at the end of the roster, squeezing has been done for the reserved
categories to reach the number of posts to be reserved for them without violating the 50%
limit laid down by the Courts. While drawing up rosters, the cadre controlling authorities
should similarly squeeze the last points of the roster. Such squeezing may not, however,
be down where it would violate the rule of 50%.
9. Whenever there is any increase or decrease in the cadre strength, the roster shall be
correspondingly expanded or contracted. The same will also apply whenever there is a
change in recruitment rules which affects the proportion of posts to be filled by a particular
mode of recruitment.
10. The roster is to be operated on the principle of replacement and not as a running account
as hitherto. In other words, the points a which reservation for different categories applies
are fixed as per the roster and vacancies caused by retirement etc. of persons occupying
those points shall be filled by appointment of persons of the respective categories.
11. While operating the roster, persons belonging to communities for whom reservation has
been made, but who are appointed on merit and not owing to reservation, should not be
shown against reserved points. They will occupy the unreserved points.
12. In the case of small cadres (up to 13 posts), all the posts shall be earmarked on the same
pattern as in the model post-based rosters. Initial recruitment against these posts shall be by
the category for which the post is earmarked. Replacement of incumbents of posts shall be
by rotation as shown horizontally against the cadre strength as applicable. While operating
the relevant roster, care will have to be taken to ensure that on no occasion the percentage
of reserved category candidates exceed 50%. If such a situation occurs at any time, the
relevant reserved point occurring as a result of rotation will be skipped.

INITIAL OPERATION

1. At the point of initial operation of the roster, it will be necessary to determine the actual
representation of the incumbents belong to different categories in a cadre vis--vis the
points earmarked for each category viz. SC/ST/OBC and General in the roster. This may be
done by plotting the appointments made against each point of roster starting with the
earliest appointee. Thus, if the earlier appointee in the cadre happens to be a candidate
belong to the Scheduled Castes, against point No. 1 of the roster, the remark utilized by
SC shall be entered. If the next appointee is a general category candidate, the remark
utilized by general category shall be made against point No.2 and so on and forth till all
- 92 -

appointments are adjusted in the respective roster. In making these adjustments,
SC/ST/OBC candidates on merit, in direct recruitment, shall be treated as general category
candidates.
2. After completing the adjustment as indicated above, a tally should be made to determine
the actual percentages of representation of appointees belong to the different categories in
the cadre. If there is an excess representation of any of the reserved categories, or if the
total representation of the reserved categories exceeds 50%, it shall be adjusted in the
future recruitment. Vacancies arising from retirement etc. of candidates belonging to such
categories shall be filled by appointment of candidates belonging to the categories to which
the relevant roster points, against which the excesses occur, belong.
3. Since recruitment is generally vacancy based, it may happen that the actual number of
promotees and direct recruits in the cadre does not correspond to the number of posts
earmarked in the respective reservation roster. For the purpose of calculations of
representation of reserved category in a cadre, total of promotees and direct recruits may be
taken. Rectification of the representation as per prescribed percentage by the prescribed
mode of recruitment at the earliest possible should however be the goal.
- 93 -

FOR DIRECT RECRUITMENT

ANNEXURE-III

OBJ ECTIVE :- REPRESENTATION OF EACH OF THE RESERVED CATEGORY
SHOULD AT NO POINT OF TIME EXCEED THE RESERVATION PRESCRIBED FOR
IT.

MODEL ROSTER OF RESERVATION WITH REFERENCE TO POSTS FOR DIRECT
RECRUITMENT ON ALL INDIA BASIS BY OPEN COMPETION

SL NO
OF
POST
SHARE OF ENTITLEMENT
CATEGORY
FOR WHICH THE POST
SHOULD BE EARMARKED
SC ST OBC
@15% @7.5% @27%
1 0.15 0.075 0.27 UR
2 0.30 0.150 0.54 UR
3 0.45 0.225 0.81 UR
4 0.60 0.300 1.08 OBC-1
5 0.75 0.375 1.35 UR
6 0.90 0.450 1.62 UR
7 1.05 0.525 1.89 SC-1
8 1.20 0.600 2.16 OBC-2
9 1.35 0.675 2.43 UR
10 1.50 0.750 2.70 UR
11 1.65 0.825 2.97 UR
12 1.80 0.900 3.24 OBC-3
13 1.95 0.975 3.51 UR
14 2.10 1.050 3.78 ST-1
15 2.25 1.125 4.05 SC-2
16 2.40 1.200 4.32 OBC-4
17 2.55 1.275 4.59 UR
18 2.70 1.350 4.86 UR
19 2.85 1.425 5.13 OBC-5
20 3.00 1.500 5.40 SC-3
21 3.15 1.575 5.67 UR
22 3.30 1.650 5.94 UR
23 3.45 1.725 6.21 OBC-6
24 3.60 1.800 6.48 UR
25 3.75 1.875 6.75 UR
26 3.90 1.950 7.02 OBC-7
- 94 -

27 4.05 2.025 7.29 SC-4
28 4.20 2.100 7.56 ST-2
29 4.35 2.175 7.83 UR
30 4.50 2.250 8.10 OBC-8
31 4.65 2.325 8.37 UR
32 4.80 2.400 8.64 UR
33 4.95 2.475 8.91 UR
34 5.10 2.550 9.18 OBC-9
35 5.25 2.625 9.45 SC-5
36 5.40 2.700 9.72 UR
37 5.55 2.775 9.99 UR
38 5.70 2.850 10.26 OBC-10
39 5.85 2.925 10.53 UR
40 6.00 3.000 10.80 ST-3
41 6.15 3.075 11.07 SC-6
42 6.30 3.150 11.34 OBC-11
43 6.45 3.225 11.61 UR
44 6.60 3.300 12.38 UR
45 6.75 3.375 12.15 OBC-12
46 6.90 3.450 12.42 UR
47 7.05 3.525 12.69 SC-7
48 7.20 3.600 12.96 UR
49 7.35 3.675 13.23 OBC-13
50 7.50 3.750 13.50 UR
51 7.65 3.825 13.77 UR
52 7.80 3.900 14.04 OBC-14
53 7.95 3.975 14.31 UR
54 8.10 4.050 14.58 SC-8
55 8.25 4.125 14.85 UR
56 8.30 4.200 15.12 UR
57 8.55 4.275 15.39 OBC-15
58 8.70 4.350 15.66 UR
59 8.85 4.425 15.93 UR
60 9.00 4.500 16.20 OBC-16
61 9.15 4.575 16.47 SC-9
62 9.30 4.650 16.74 UR
63 9.45 4.725 17.01 OBC-17
64 9.60 4.800 17.28 UR
65 9.75 4.875 17.55 UR
66 9.90 4.950 17.82 UR
67 10.05 5.025 18.09 OBC-18
68 10.20 5.100 18.36 SC-10
69 10.35 5.175 18.63 ST-5
70 10.50 5.250 18.90 UR
71 10.65 5.325 19.17 OBC-19
- 95 -

72 10.80 5.400 19.44 UR
73 10.95 5.475 19.71 UR
74 11.10 5.550 19.98 SC-11
75 11.25 5.625 20.25 OBC-20
76 11.40 5.700 20.52 UR
77 11.55 5.775 20.79 UR
78 11.70 5.850 21.06 OBC-21
79 11.85 5.925 21.33 UR
80 12.00 6.000 21.60 ST-6
81 12.15 6.075 21.87 SC-12
82 12.30 6.150 22.14 OBC-22
83 12.45 6.225 22.41 UR
84 12.60 6.225 22.41 UR
85 12.75 6.375 22.95 UR
86 12.90 6.450 23.22 OBC-23
87 13.05 6.525 23.49 SC-13
88 13.20 6.600 23.76 UR
89 13.35 6.675 24.03 OBC-24
90 13.50 6.750 24.30 UR
91 13.65 6.825 24.57 UR
92 13.80 6.900 24.84 UR
93 13.95 6.975 25.11 OBC-25
94 14.10 7.050 25.38 SC-14
95 14.25 7.125 25.65 ST-7
96 14.40 7.200 25.92 UR
97 14.55 7.275 26.19 OBC-26
98 14.70 7.350 26.46 UR
99 14.85 7.425 26.73 SC-15*
100 15.00 7.500 27.00 OBC-27*
101 15.15 7.575 27.27 UR
102 15.30 7.650 27.54 UR
103 15.45 7.725 27.81 UR
104 15.60 7.800 28.08 OBC-28
105 15.75 7.875 28.35 UR
106 15.90 7.950 28.62 UR
107 16.05 8.025 28.89 SC-16
108 16.20 8.100 29.16 ST-8
109 16.35 8.175 29.43 OBC-29
110 16.50 8.250 29.70 UR
111 16.65 8.325 29.97 UR
112 16.80 8.400 30.24 OBC-30
113 16.95 8.475 30.51 UR
114 17.10 8.550 30.78 SC-17
115 17.25 8.625 31.05 OBC-31
116 17.40 8.700 31.32 UR
- 96 -

117 17.55 8.775 31.59 UR
118 17.70 8.850 31.86 UR
119 17.85 8.925 32.13 OBC-32
120 18.00 9.000 32.40 ST-9
121 18.15 9.075 32.67 SC-18
122 18.30 9.150 32.94 UR
123 18.45 9.225 32.21 OBC-33
124 18.60 9.300 33.48 UR
125 18.75 9.375 33.75 UR
126 18.90 9.450 34.02 OBC-34
127 19.05 9.525 34.29 SC-19
128 19.20 9.600 34.56 UR
129 19.35 9.675 34.83 UR
130 19.50 9.750 35.10 OBC-35
131 19.65 9.825 35.37 UR
132 19.80 9.900 35.64 UR
133 19.95 9.975 35.91 UR
134 20.10 10.050 36.18 OBC-36
135 20.25 10.125 36.45 SC-20
136 20.40 10.200 36.72 ST-10
137 20.55 10.275 36.99 UR
138 20.70 10.350 37.26 OBC-37
139 20.85 10.425 37.53 UR
140 21.00 10.500 37.80 SC-21
141 21.15 10.575 38.07 OBC-38
142 21.30 10.650 38.34 UR
143 21.45 10.725 38.61 UR
144 21.60 10.800 38.88 UR
145 21.75 10.875 39.15 OBC-39
146 21.90 10.950 34.42 UR
147 22.05 11.025 39.69 SC-22
148 22.20 11.100 39.96 ST-11
149 22.35 11.175 40.23 OBC-40
150 22.50 11.250 40.50 UR
151 22.65 11.325 40.77 UR
152 22.80 11.400 41.04 OBC-41
153 22.95 11.475 41.31 UR
154 23.10 11.550 41.58 SC-23
155 23.25 11.625 41.85 UR
156 23.40 11.700 42.12 OBC-42
157 23.55 11.775 42.39 UR
158 23.70 11.850 42.66 UR
159 23.85 11.925 42.93 UR
160 24.00 12.000 43.20 ST-12
161 24.15 12.075 43.47 OBC-43
- 97 -

162 24.30 12.150 43.74 SC-24
163 24.45 12.225 44.01 OBC-44
164 24.60 12.300 44.28 UR
165 24.75 12.375 44.55 UR
166 24.90 12.450 44.82 UR
167 25.05 12.525 45.09 OBC-45
168 25.20 12.600 45.36 SC-25
169 25.35 12.675 45.63 UR
170 25.50 12.750 45.90 UR
171 25.65 12.825 46.17 OBC-46
172 25.80 12.900 46.44 UR
173 25.95 12.975 46.71 UR
174 26.10 13.050 46.98 SC-26
175 26.25 13.125 47.25 ST-13
176 26.40 13.200 47.52 OBC-47
178 26.55 13.275 47.79 UR
179 26.70 13.350 48.06 OBC-48
180 27.00 13.500 48.60 SC-27
181 27.15 13.575 48.87 UR
182 27.30 13.650 49.14 OBC-49
183 27.45 13.725 49.41 UR
184 27.60 13.800 49.68 UR
185 27.75 13.875 49.95 UR
186 27.90 13.950 50.22 OBC-50
187 28.05 14.025 50.49 SC-28
188 28.20 14.100 50.76 ST-14
189 28.35 14.175 51.03 OBC-51
190 28.50 14.250 51.30 UR
191 28.65 14.325 51.57 UR
192 28.80 14.400 51.84 UR
193 28.95 14.474 52.11 OBC-52
194 29.10 14.550 52.38 SC-29
195 29.25 14.625 52.65 UR
196 29.40 14.700 52.92 UR
197 29.55 14.775 52.19 OBC-53
198 29.70 14.850 53.46 ST-15*
199 29.85 14.925 53.73 SC-30*
200 30.00 15.000 54.00 OBC-54*

* TO ALLOT REQUISITE NUMBER OF POSTS WITHOUT VIOLATING RULE OF 50%
- 98 -

APPENDIX TO ANNEXURE-II

MODEL ROSTER FOR DIRECT RECRUITMENT ON ALL INDIA BASIS BY OPEN COMPETITION FOR CADRE
STRENGTH UPTO THIRTEEN POSTS.

E STRENGTH L RECRUITMENT REPLACEMENT NUMBER
1
ST
2
ND
3
RD
4
TH
5
TH
6
TH
7
TH
8
TH
9
TH
10
TH
11
TH
12
TH
13
TH
1. UR UR UR OBC UR UR SC OBC UR UR UR OBC UR ST
2. UR UR OBC UR UR SC OBC UR UR UR OBC UR ST
3. UR OBC UR UR SC OBC UR UR UR OBC UR ST
4. OBC UR UR SC OBC UR UR UR OBC UR ST
5. UR UR SC OBC UR UR UR OBC UR ST
6. UR SC OBC UR UR UR OBC UR ST
7. SC OBC UR UR UR OBC UR ST
8. OBC UR UR UR OBC UR ST
9. UR UR UR OBC UR ST
10. UR UR OBC UR ST
11. UR OBC UR ST
12. OBC UR ST
13. UR ST
NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER COLUMN
CADRE STRENGTH TILL THE LAST POST AND THEN HORIZONTALLY TILL THE LAST ENTRY IN
THE HORIZONTAL ROW I.E. LIKE L
2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER
COLUMN INTITIAL APPOINTMENT. WHILE INTIAL FILLING UP WILL BE BY THE EARMARKED
CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE SHALL BE BY
ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE CADRE.
3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF
IT LEADS TO MORE THAN 50% REPRESENTATION OF RESERVED CATEGORY.
- 99 -

ANNEXURE III

FOR PROMOTION

OBJ ECTIVE : REPRESENTATION OF EACH OF THE RESERVED CAEGORY
SHOULD AT NO POINT OF TIME EXCEED THE RESERVATION PRESCRIBED
FOR IT

MODEL ROSTER OF RESERVATION WITH REFERENCE TO POST - PROMOTION

NO OF POST SHARE OF ENTITLEMENT CATEGORY FOR WHICH THE POST SHOULD BE EARMARKED
SC
@ 15%
ST
@ 7.5%
1 0.15 0.075 UR
2 0.30 0.150 UR
3 0.45 0.225 UR
4 0.60 0.300 UR
5 0.75 0.375 UR
6 0.90 0.450 UR
7 1.05 0.525 SC-1
8 1.20 0.600 UR
9 1.35 0.675 UR
10 1.50 0.750 UR
11 1.65 0.825 UR
12 1.80 0.900 UR
13 1.95 0.975 UR
14 2.10 1.050 ST-1
15 2.25 1.125 SC-2
16 2.40 1.200 UR
17 2.55 1.275 UR
18 2.70 1.350 UR
19 2.85 1.425 UR
20 3.00 1.500 SC-3
21 3.15 1.575 UR
22 3.30 1.650 UR
23 3.30 1.650 UR
24 3.60 1.800 UR
25 3.75 1.875 UR
26 3.90 1.950 UR
27 4.05 2.025 SC-4
28 4.20 2.100 ST-2
29 4.35 2.175 UR
- 100 -

30 4.50 2.250 UR
31 4.65 2.325 UR
32 4.80 2.400 UR
33 4.95 2.475 UR
34 5.10 2.550 UR
35 5.25 2.625 SC-5
36 5.40 2.700 UR
37 5.55 2.775 UR
38 5.70 2.850 UR
39 5.85 2.925 UR
40 6.00 3.000 ST-3
41 6.15 3.075 SC-6
42 6.30 3.150 UR
43 6.45 3.225 UR
44 6.60 3.300 UR
45 6.75 3.375 UR
46 6.90 3.450 UR
47 7.05 3.525 SC-7
48 7.20 3.600 UR
49 7.35 3.675 UR
50 7.50 3.750 UR
51 7.65 3.825 UR
52 7.80 3.900 UR
53 7.95 3.975 UR
54 8.10 4.050 SC-8
55 8.25 4.125 ST-4
56 8.40 4.200 UR
57 8.55 4.275 UR
58 8.70 4.350 UR
59 8.85 4.425 UR
60 9.00 4.500 UR
61 9.15 4.575 SC-9
62 9.30 4.650 UR
63 9.45 4.725 UR
64 9.60 4.800 UR
65 9.75 4.875 UR
66 9.90 4.950 UR
67 10.05 5.025 UR
68 10.20 5.100 SC-10
69 10.35 5.175 ST-5
70 10.50 5.250 UR
71 10.65 5.325 UR
72 10.80 5.400 UR
73 10.95 5.475 UR
74 11.10 5.550 SC-11
- 101 -

76 11.40 5.700 UR
77 11.55 5.775 UR
78 11.70 5.850 UR
79 11.85 5.925 UR
80 12.00 6.000 ST-6
81 12.15 6.075 SC-12
82 12.30 6.150 UR
83 12.45 6.225 UR
84 12.60 6.300 UR
85 12.75 6.375 UR
86 12.90 6.450 UR
87 13.05 6.525 SC-13
88 13.20 6.600 UR
89 13.35 6.675 UR
90 13.50 6.750 UR
91 13.65 6.825 UR
92 13.80 6.900 UR
93 13.95 6.975 UR
94 14.10 7.050 SC-14
95 14.25 7.125 ST-7
96 14.40 7.200 UR
97 14.55 7.275 UR
98 14.70 7.350 UR
99 14.85 7.425 SC-15*
100 15.00 7.500 UR
101 15.15 7.575 UR
102 15.30 7.650 UR
103 15.45 7.725 UR
104 15.60 7.800 UR
105 15.75 7.875 UR
106 15.90 7.950 UR
107 16.05 8.025 SC-16
108 16.20 8.100 ST-8
109 16.35 8.175 UR
110 16.50 8.250 UR
111 16.65 8.325 UR
112 16.80 8.400 UR
113 16.95 8.475 UR
114 17.10 8.550 SC-17
115 17.25 8.625 UR
116 17.40 8.700 UR
117 17.55 8.775 UR
118 17.70 8.850 UR
119 17.85 8.925 UR
- 102 -

120 18.00 9.000 ST-9
121 18.15 9.075 SC-18
122 18.30 9.150 UR
123 18.45 9.225 UR
124 18.60 9.300 UR
125 18.75 9.375 UR
126 18.90 9.450 UR
127 19.05 9.525 SC-19
128 19.20 9.600 UR
129 19.35 9.675 UR
130 19.50 9.750 UR
131 19.65 9.825 UR
132 19.80 9.900 UR
133 19.95 9.975 UR
134 20.10 10.050 UR
135 20.25 10.125 SC-20
136 20.40 10.200 ST-10
137 20.55 10.275 UR
138 20.70 10.350 UR
139 20.85 10.425 UR
140 21.00 10.500 SC-21
141 21.15 10.575 UR
142 21.30 10.650 UR
143 21.45 10.725 UR
144 21.60 10.800 UR
145 21.75 10.875 UR
146 21.90 10.950 UR
147 22.05 11.025 SC-22
148 22.20 11.100 ST-11
149 22.35 11.175 UR
150 22.50 11.250 UR
151 22.65 11.325 UR
152 22.80 11.400 UR
153 22.95 11.475 UR
154 23.10 11.550 SC-23
155 23.25 11.625 UR
156 23.40 11.700 UR
157 23.55 11.775 UR
158 23.70 11.850 UR
159 23.85 11.925 UR
160 24.00 12.000 ST-12
161 24.15 12.075 UR
162 24.30 12.150 SC-24
163 24.45 12.225 UR
164 24.60 12.300 UR
- 103 -

165 24.75 12.375 UR
166 24.90 12.450 UR
167 25.05 12.525 UR
168 25.20 12.600 SC-25
169 25.35 12.675 UR
170 25.50 12.750 UR
171 25.65 12.825 UR
172 25.80 12.900 UR
173 25.95 12.975 UR
174 26.10 13.050 SC-26
175 26.25 13.125 ST-13
176 26.40 13.200 UR
177 26.55 13.275 UR
178 26.70 13.350 UR
179 26.85 13.425 UR
180 27.00 13.500 SC-27
181 27.15 13.575 UR
182 27.30 13.650 UR
183 27.45 13.725 UR
184 27.60 13.800 UR
185 27.75 13.875 UR
186 27.90 13.950 UR
187 28.05 14.025 SC-28
188 28.20 14.100 ST-14
189 28.35 14.175 UR
190 28.50 14.250 UR
191 28.65 14.325 UR
192 28.80 14.400 UR
193 28.95 14.475 UR
194 29.10 14.550 SC-29
195 29.25 14.625 UR
196 29.40 14.700 UR
197 29.55 14.775 UR
198 29.70 14.850 ST-15*
199 29.85 14.925 SC-30*
200 30.00 15.000 UR

- 104 -

APPENDIX TO ANNEXURE-III-C

MODEL ROSTER FOR PROMOTION FOR CADRE STRENGTH UPTO THIRTEEN POSTS

E STRENGTH L RECRUITMENT REPLACEMENT NUMBER
1 2
ST ND
3
RD
4
TH
5
TH
6
TH
7
TH
8
TH
9
TH
10
TH
11
TH
12
TH
13
TH
1. UR UR UR OBC UR UR SC UR UR UR UR OBC UR ST
2. UR UR UR UR UR SC UR UR UR UR UR UR ST
3. UR UR UR UR SC UR UR UR UR UR UR ST
4. UR UR UR SC UR UR UR UR UR UR ST
5. UR UR SC UR UR UR UR UR UR ST
6. UR SC UR UR UR UR UR UR ST
7. SC UR UR UR UR UR UR ST
8. UR UR UR UR UR UR ST
9. UR UR UR UR UR ST
10. UR UR UR UR ST
11. UR UR UR ST
12. UR UR ST
13. UR ST
NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER COLUMN CADRE STRENGTH TILL THE LAST
POST AND THEN HORIZONTALLY TILL THE LAST ENTRY IN THE HORIZONTAL ROW I.E. LIKE L
2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER COLUMN INTITIAL APPOINTMENT. WHILE
INTIAL FILLING UP WILL BE BY THE EARMARKED CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE
SHALL BE BY ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE CADRE.
3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF IT LEADS TO MORE THAN 50% RERESENTATION
OF RESERVED CATEGORY
- 105 -




FOR DIRECT RECRUITMENT
ANNEXURE IV

OBJECTIVE : REPRESENTATION OF EACH OF THE RESERVED CAEGORY
SHOULD AT
NO POINT OF TIME EXCEED THE RESERVATION
PRESCRIBED FOR IT

MODEL ROSTER OF RESERVATION WITH REFERENCE TO POSTS FOR DIRECT
RECRUITMENT ALL INDIA BASIS OTHERWISE THAN BY OPEN COMPETION

. NO OF
POST
SHARE OF ENTITLEMENTEGORY FOR WHICH THE
POST SHOULD BE
EARMARKED
SC
@ 16.66%
ST
@ 7.5%
OBC
@ 25.84%
1 0.166 0.075 0.258 UR
2 0.332 0.150 0.156 UR
3 0.498 0.225 0.774 UR
4 0.664 0.300 1.032 OBC-1
5 0.830 0.375 1.290 UR
6 0.996 0.450 1.548 UR
7 1.162 0.525 1.806 SC-1
8 1.328 0.600 2.064 OBC-2
9 1.494 0.675 2.322 UR
10 1.660 0.750 2.580 UR
11 1.826 0.825 2.838 UR
12 1.992 0.900 3.096 OBC-3
13 2.158 0.975 3.354 SC-2
14 2.324 1.050 3.612 ST-1
15 2.490 1.125 3.870 UR
16 2.656 1.200 4.128 OBC-4
17 2.822 1.275 4.386 UR
18 2.988 1.350 4.644 UR
19 3.154 1.425 4.902 SC-3
20 3.320 1.500 5.160 OBC-5
21 3.486 1.575 5.418 UR
22 3.652 1.650 5.676 UR
- 106 -

23 3.818 1.725 5.934 UR
24 3.984 1.800 6.192 OBC-6
25 4.150 1.875 6.450 SC-4
26 4.316 1.950 6.780 UR
27 4.482 2.025 6.966 ST-2
28 4.648 2.100 7.224 OBC-7
29 4.814 2.175 7.482 UR
30 4.980 2.250 7.740 UR
31 5.146 2.325 7.998 SC-5
32 5.312 2.400 8.256 OBC-8
33 5.478 2.475 8.514 UR
34 5.644 2.550 8.772 UR
35 5.810 2.625 9.030 OBC-9
36 5.976 2.700 9.288 UR
37 6.142 2.775 9.546 SC-6
38 6.308 2.850 9.804 UR
39 6.474 2.925 10.062 OBC-10
40 6.640 3.000 10.320 ST-3
41 6.806 3.075 10.578 UR
42 6.972 3.150 10.836 UR
43 7.138 3.225 11.094 SC-7
44 7.304 3.300 11.352 OBC-11
45 7.470 3.375 11.610 UR
46 7.636 3.450 11.868 UR
47 7.802 3.525 12.126 OBC-12
48 7.968 3.600 12.384 UR
49 8.134 3.675 12.642 SC-8
50 8.300 3.750 12.900 UR
51 8.466 3.825 13.158 OBC-13
52 8.632 3.900 13.416 UR
53 8.798 3.975 13.674 UR
54 8.964 4.050 13.932 ST-4
55 9.130 4.125 14.190 OBC-14
56 9.296 4.200 14.448 SC-9
57 9.462 4.275 14.706 UR
58 9.628 4.350 14.964 UR
59 9.794 4.425 15.222 OBC-15
60 9.960 4.500 15.480 UR
61 10.126 4.575 15.738 SC-10
62 10.292 4.650 15.996 UR
63 10.458 4.725 16.254 OBC-16
64 10.624 4.800 16.512 UR
65 10.790 4.875 16.770 UR
66 10.956 4.950 17.028 OBC-17
67 11.122 5.025 17.286 SC-11
- 107 -

68 11.288 5.100 17.544 ST-5
69 11.454 5.175 17.802 UR
70 11.620 5.250 18.060 OBC-18
71 11.786 5.325 18.318 UR
72 11.952 5.400 18.576 UR
73 12.118 5.475 18.834 SC-12
74 12.284 5.550 19.092 OBC-19
75 12.450 5.625 19.350 UR
76 12.616 5.700 19.608 UR
77 12.782 5.775 19.866 UR
78 12.948 5.850 20.124 OBC-20
79 13.114 5.925 20.382 SC-13
80 13.280 6.000 20.640 ST-6
81 13.446 6.075 20.898 UR
82 13.612 6.150 21.156 OBC-21
83 13.778 6.225 21.414 UR
84 13.944 6.300 21.672 UR
85 14.110 6.375 21.930 SC-14
86 14.276 6.450 22.188 OBC-22
87 14.442 6.525 22.446 UR
88 14.608 6.600 22.704 UR
89 14.774 6.675 22.962 UR
90 14.940 6.750 23.220 OBC-23
91 15.106 6.825 23.478 SC-15
92 15.272 6.900 23.736 UR
93 15.438 6.975 23.994 UR
94 15.604 7.050 24.252 OBC-24
95 15.770 7.125 24.510 ST-7
96 15.936 7.200 24.768 UR
97 16.102 7.275 25.026 SC-16
98 16.268 7.350 25.284 OBC-25
99 16.434 7.425 25.542 UR
100 16.600 7.500 25.800 UR
101 16.766 7.575 26.058 OBC-26
102 16.932 7.650 26.316 UR
103 17.098 7.725 26.574 SC-17
104 17.264 7.800 26.832 UR
105 17.430 7.875 27.090 OBC-27
106 17.596 7.950 27.348 UR
107 17.762 8.025 27.606 ST-8
108 17.928 8.100 27.864 UR
109 18.094 8.175 28.122 OBC-28
110 18.260 8.250 28.380 SC-18
111 18.426 8.325 28.638 UR
112 18.592 8.400 28.896 UR
- 108 -

113 18.758 8.475 29.154 OBC-29
114 18.924 8.550 29.412 UR
115 19.090 8.625 29.670 SC-19
116 19.256 8.700 29.928 UR
117 19.422 8.775 30.186 OBC-30
118 19.588 8.850 30.444 ST-9
119 19.754 8.925 30.702 SC-20*
120 19.920 9.000 30.960 OBC-31*

* TO ALLOT REQUISITE NUMBER OF POSTS WITHOUT VIOLATING RULE OF 50%.
- 109 -

APPENDIX TO ANNEXURE-IV
ROSTER FOR DIRECT RECRUITMENT OTHERWISE THAN THROUGH OPEN COMPETITION FOR CADRE
STRENGTH UPTO THIRTEEN POSTS.

E STRENGTH L RECRUITMENT REPLACEMENT NUMBER
1
ST
2
ND
3
RD
4
TH
5
TH
6
TH
7
TH
8
TH
9
TH
10
TH
11
TH
12
TH
13
TH
1. UR UR UR OBC UR UR SC OBC UR UR UR OBC SC ST
2. UR UR OBC UR UR SC OBC UR UR UR OBC SC ST
3. UR OBC UR UR SC OBC UR UR UR OBC SC ST
4. OBC UR UR SC OBC UR UR UR OBC SC ST
5. UR UR SC OBC UR UR UR OBC SC ST
6. UR SC OBC UR UR UR OBC SC ST
7. SC OBC UR UR UR OBC SC ST
8. OBC UR UR UR OBC SC ST
9. UR UR UR OBC SC ST
10. UR UR OBC SC ST
11. UR OBC SC ST
12. OBC SC ST
13. SC ST
NOTE : 1. FOR CADRES OF 2 TO 13 POSTS THE ROSTER IS TO BE READ FROM ENTRY 1 UNDER
COLUMN CADRE STRENGTH TILL THE LAST POST AND THEN HORIZONTALLY TILL THE LAST
ENTRY IN THE HORIZONTAL ROW I.E. LIKE L
2. ALL THE POSTS OF A CADRE ARE TO BE EARMARKED FOR THE CATEGORIES SHOWN UNDER
COLUMN INTITIAL APPOINTMENT. WHILE INTIAL FILLING UP WILL BE BY THE
EARMARKED CATEGORY, THE REPLACEMENT AGAINST ANY OF THE POST IN THE CADRE
SHALL BE BY ROTATION AS SHOWN HORIZONTALLY AGAINST THE LAST POST OF THE
CADRE.
3. THE RELEVANT ROTATION BY THE INDICATED RESERVED CATEGORY COULD BE SKIPPED OVER IF IT
LEADS TO MORE THAN 50%
RERESENTATION OF RESERVED CATEGORY.

- 110 -

IMPORTANT LETTERS

1. GI, DoP&T OM No. 36012/2/96-Estt. (Res) dated 2
nd
July, 1997

Sub : Reservation roster - post based - Implementation of the Supreme Court Judgement
in the case of R.K. Sabharwal v. State of Punjab.

1. The undersigned is directed to say that under the existing instructions, vacancy -
based rosters have been prescribed in order to implement the Governments policy
relating to reservation of jobs for the Scheduled Castes, the Scheduled Tribes and the
Other Backward Classes. The application of reservation on the basis of these rosters
was called into question before Courts. The Constitution Bench of the Supreme Court,
in the case of R.K. Sabharwal v. State of Punjab as well as J .C. Mallick v. Ministry of
Railways has held that the reservation of jobs for the backward classes SC/ST/OBC
should apply to posts and not to vacancies. The Court further held that the vacancy-
based rosters can operate only till such time as the representation of persons belonging
to the reserved categories, in a cadre, reaches the prescribed percentages of reservation.
Thereafter, the rosters cannot operate and vacancies released by retirement, resignation,
promotion, etc., of the persons belonging to the general and the reserved categories are
to be filled by appointment of persons from the respective category so that the
prescribed percentage of reservation is maintained.
2. The Court also held that persons belonging to the reserved categories, who are
appointed on the basis of merit and not on account of reservation are not to be
counted towards the quota meant for reservation.
3. With a view to bringing the policy of reservation in line with the law laid down
by the Supreme Court, it has been decided that the existing 200-point, 40-point and
120-point vacancy based rosters shall be replaced by post based rosters. All
Ministries/Departments and concerned authorities are requested to prepare the
respective rosters based on the principles elaborated in the Explanatory Notes given in
Annexure I to this OM and illustrated in the model Rosters annexed to this OM as
Annexure II, III and IV. Similarly, the concerned authorities may prepare rosters to
replace the existing 100 point rosters in respect of local recruitment to Groups C and
D posts on the basis of the same principles.
4. The principles for preparing the rosters elaborated upon in the Explanatory
Notes are briefly recapitulated below :-
(a) Since reservation for OBCs does not apply in promotions, there shall be separate
rosters for direct recruitment and for promotions.
(b) The number of points in the roster shall be equal to the number of posts in the cadre in
case there is any increase or decrease in the cadre strength in future, the rosters shall be
expanded / contracted correspondingly.
(c) Cadre, for the purpose of a roster, shall mean a particular grade and shall comprise the
number of posts to be filled by a particular mode of recruitment in terms of the
applicable Recruitment Rules. Thus, in a cadre of, say, 200 posts, where the
Recruitment Rules prescribe a ratio of 50:50 for direct recruitment and promotion, two
rosters- one for direct recruitment and promotion, (when reservation in promotion
applies)- each comprising 100 points shall be drawn up on the lines of the respective
model rosters;
(d) Since reservation does not apply to transfer on deputation/transfer, where the
Recruitment Rules prescribe a percentage of posts to be filled by this method, such
posts shall be excluded while preparing the rosters.
- 111 -

(e) In small cadres of up to 13 posts, the method prescribed for preparation of rosters does
not permit reservation to be made for all the three categories. In such cases, the
administrative Ministries/Departments may consider grouping of posts in different
cadres as prescribed in this Departments O.M.No. 42/21/49-NGS, dated 28.1.1952 and
subsequent orders reproduced at pages 70 to 74 of the Brochure on Reservation for
Schedule Castes and Scheduled Tribes (Eight Edition) and prepare common rosters for
such groups. In the event it is not possible to resort to such grouping, the enclosed
rosters(Appendices to Annexures-II, III, and V) for cadre strength upto 13 posts may be
followed. The principles of operating these rosters are explained in the Explanatory
Notes.
5. At the stage of initial operation of a roster, it will be necessary to adjust the existing
appointments in the roster. This will also help in identifying the excesses/shortages, if any, in
the respective categories in the cadre. This may be done starting from the earliest
appointment and making an appropriate remark utilized by SC/ST/OBC/Gen., as the
case may be against each poin in the rosters as explained in the explanatory notes appended
to the model rosters. In making these adjustments, appointments of candidates belonging to
SCs/STs/OBCs which were made on merit (and not due to reservation) are not to be counted
towards reservation so far as direct recruitment is concerned. In other words, they are to be
treated as general category appointments.
6. Excess, if any, would be adjusted through future appointments and the existing
appointments would not be disturbed.
7. All Ministries/Departments are requested to initiate immediate action to prepare rosters and
operate them according to these guidelines.
8. The existing orders on the subject are deemed to have been amended to the extent herein.
9. These orders shall take effect from the date of their issue. However, where selections have
already been finalized, they need not to disturbed and the necessary adjustments in such
cases may be made in future. In other cases, recruitment may be withheld till the revised
rosters are brought into operation and recruitment effected in accordance with these
instructions.



2. C & AG, Cir. No. 9/NGE/98 No. 108/NGE (App.)/3-97 dated 23-1-1998

Sub: Clarifications regarding post-based reservation rosters

Consequent on issue of Government of India, Department of Personnel & Training O.M. No.
36012/2/96-Estt. (Res.), dated 2-7-1997 under Headquarters Circular letter No.
27/NGE/97/1082- NGE(App.)/3-97, dated 10-9-1997 on the above subject, various doubts
were raised by the field offices on the operation of the post-based revised reservation rosters.

The doubts are clarified herewith in consultation with the Department of Personnel & Training
in the enclosed Annexure.
- 112 -

ANNEXURE

DOUBTS & CLARIFICATIONS IN RESPECT OF MAINTE NANCE OF POST-
BASED REVISED RESERVATION ROSTERS
(Ref. DoP&T OM No. 36012/2/96-Estt. (Res.) DATED 2-7-1997)
Sl.
No.
Doubts Clarification
1 Whether the new revised rosters will be
effective from the pane! year 1998 i.e., 1-1-
1998 and whether the concept of panel year
and cut off date (1st October of the panel
year) will continue to be applicable?
Government orders on post- based rosters are
effective from J uly 2, 1997. Recruitments/pro
motions made on or after J uly 2, 1997 have to
be based on post- based rosters.

The existing concept of panel year and cut
off date will continue to be applicable.
2 Whether combined rosters for Senior AO:
AO/AAO: SO/Senior Auditor:
Auditor/Senior Ac c Accountant cadres
taking into account the combined strength
of higher and lower cadres are to be
maintained or separate rosters for higher
and lower cadres are to be maintained?
As the posts of Senior AO/AAO/ Senior
Auditor / Senior Accountant are promotional
posts for AO / SO / Auditor / Accountant
reactively, separate rosters are to be
maintained for lower and higher posts.

For preparing the roster, the total strength
borne on each lower and higher cadre will be
taken into account. The rosters may have to be
expanded/contracted depending upon the in
crease/decrease in the strength.
3(a) How the excess persons over sanctioned
strength (due to due to deputation, etc.) in a
cadre are to be shown in the roster?
Roster is to be prepared taking into account
the total strength of the cadre.

(b) Whether the reserved category persons
working above the sanctioned strength will
also count towards determining the
representation of those Yreserved
categories?
Yes
(c) How the excess of SC/ST over their
required percentages in a cadre is to be
shown in the roster at the time of its initial
operation?
Roster is to be prepared as per 3
(a) above and the incumbents are to be plotted
against each point of the roster as explained in
Annexure-I of DP & T, O.M. dated2-7-1997.
The excess representation of SC/ST, if any,
would be adjusted in future appointments as
per Para. 2of caption Initial Operation of
Annexure-l ibid

(d) Whether in a cadre where number of
reserved category candidates are less than
their required percentages, only reserved
category candidates should be filled till
such time their prescribed percentage are
reached?
While filling up the reserved category posts as
per their prescribed percentages, the limit of
50% reservation in a year in each cadre will
have to be kept in view.

4 Whether existing quantum of reservation as
per regional percentages would continue or
it is to be revised as 15% for SC, 7
1/2
% for
ST and 27% for OBCs as shown in
Annexure-Il of DoP&T O.M., dated 2-7-
1997?
In the cases of direct recruitment, the existing
quantum of reservation as per regional
percentage applicable to different States/i/n
ton Territories and shown in An Annexure-Il
of DoP & T O.M. No. 36012/ 22/93-Estt.
(SCT), dated 29-12-1993 would continue to
- 113 -

Sl.
No.
Doubts Clarification
be applicable.
5(a) Reserved category candidates appointed
through direct recruitment on the basis of
their own merit are not to be counted
against reserved points. Does it apply to
promotion cases also?
No
(b) Whether reserved category candidates
recruited on the basis of their own merit and
treated as unreserved will be allowed the
benefits of reservation in promotion to next
higher post?

Treating a reserved category candidate as
unreserved does not take away his/her status
as belonging to reserved category. In future
promotion, such candidate would retain
his/her caste status and will be allowed the
benefits of reservation accordingly.
(c) Whether a senior most official in a cadre
belonging, to reserved category considered
fit for pro motion on seniority-cum-fitness
basis will be promoted to higher post
despite excess representation of such
reserved category in that higher post? Also,
whether he would be shown against
unreserved point in the roster?
Yes, but he would be shown against reserved
category to which he belongs for the purpose
of future adjustment.

(d) Whether 50% limit on reservation would
apply in the cases of reserved category
candidates who are selected on their own
merit in recruitment/promotion?
In the cases of direct recruitment, 50% limit
on reservation will be computed excluding
such cases. But in promotion, they will be
taken into account for determining the limit of
50%.
6 Whether separate rosters for se lection and
non-selection posts are to be maintained?
Yes, separate rosters for selection and non-
selection posts are to be maintained.
7(a) How the total representation of reserved
categories in a cadre is to be determined
when the percentage of reservation in
promotion and in direct recruitment are
different?
Representation of each reserved category is
first to be determined separately as per the
prescribed percentages of reservation
applicable to different methods of
appointment, i.e., promotion and direct
recruitment and then them total representation
of respective re served category in the cadre is
to be worked out (See illustration No.1)
(b) How the excess persons working against
promotion quota in a cadre having both
methods of appointment i.e., promotion and
direct recruitment are to be adjusted in the
roster at the initial stage and thereafter?




Whether promotion is to be stopped till the
prescribed quota is reached?
Under the existing vacancy-based recruitment
Rules, number of posts in a particular quota is
not specified and as such there is no question
of adjustment of excess or less number of
persons in a particular quota. Separate rosters
are to he prepared for different methods of
appointment taking into account the strength
of incumbents coming under a particular
method of appointment
Promotions will continue to be made on the
basis of available vacancies and their
allocation as per Recruitment Rules.
(c) How the excess or less representation of a
reserved category (or categories) in separate
methods of appointment in a cadre are to be
adjusted?

The representation of respective reserved
categories should not exceed the prescribed
percentages. as worked out in Si. No. 7 (a).
taking into account their combined
representation in direct recruitment as well as
promotion. Adjustments of representation of
- 114 -

Sl.
No.
Doubts Clarification
reserved categories between different methods
of appointment in a cadre may be effected
accordingly.
(d) Whether present 20-point roster maintained
for equitable distribution of direct recruits
and promotees would continue?
Yes, it would continue.

8 How the backlog of SC/STI OBCs is to be
cleared through future recruitments in view
of the 50% limitation on recruitment and the
total reservation limit being 50% of the
posts?.
Backlog of SC/ST/OBCs is to he determined
afresh as per the revised post-based rosters.
Vacancies against reserved points will
continue to be filled keeping in view the limit
of 50% reservation on total vacancies being
filled in a panel year.
9(a) Whether the existing practice of
degeneration would continue in
the cases of non-availability of eligible
reserved category candidates or the reserved
points in Doubts the roster are to be kept
unfilled till eligible candidates of reserved
category become available?
Yes, the practice of degeneration would
continue

Detailed instructions in this regard will
follow.

(b) Whether the carried-forward re served
vacancies would be considered in fresh
panels or would lapse due to
implementation of post-based revised
rosters?
The reserved vacancies are to be determined
afresh on the basis of post-based revised
rosters and are to be carried forward for future
adjustments.

(c) Whether the existing practice of exchange
between SC and ST would continue?
Yes
(d) Whether restriction of not more than 50% of
vacancies to be filled in a recruitment year
by re served categories would continue to
be applicable?
Yes
(e) Whether provisions contained in DoP&T
O.M.No. 1401 7/30/a9- Estt. (RR), dated
10-7-1990 regarding temporary diversion of
reserved vacancies falling in pro motion
quota to direct recruitment quota in the case
of non-availability of eligible SC! ST
persons in the feeder cadre would continue
to be applicable?

Yes
10 Whether the instructions contained in
DoP&T OM, dated 2- regarding grouping of
posts f. small cadres up to 13 posts are
applicable to promotional cadres also and
whether separate rosters are to be prepared
for cadres having strength of less than 13
posts?
Grouping of isolated individual posts and
small cadres for the purpose of reservation
orders is permissible only in the cases of
direct recruitment and not in the posts filled
by promotion. However, notwithstanding the
instructions on grouping of posts, it would be
advisable to maintain separate rosters for each
small cadre as per the model/instructions
contained in DoP&T OM, dated 2-7-1997.
11(a) How the cases of appointment to Peons
post by transfer of Chowkidar / Farash /
Waterman / Safaiwala are to be treated in
the roster?
Since reservation is riot applicable to
appointments by transfer, the cadre strength of
Peon for the purpose of maintenance of roster
would exclude the number of posts filled by
such transfer.
- 115 -

Sl.
No.
Doubts Clarification
(b) Whether a combined roster for various
Group D posts may be maintained since
maintenance of separate roster for the post
of Safaiwala may leave a large number of
general category posts vacant?
Separate rosters are to be maintained for each
Group D post. In the case of appointment to
the post of Safaiwala, since persons belonging
to reserved categories but selected on their
own merit are not to be treated as belonging to
reserved categories, the posts meant for
general category will not remain vacant.
12 How the vacancies in a cadre earmarked for
deputations/ promotions / compassionate
appointment /sports quota appointments,
where categories to which persons would
belong are not known, would be filled by
appointments of persons of respective
categories?
Appointments to a cadre from whatever
source are to be made against available
vacancies in respective categories.

13 Whether the existing system of determining
the seniority of promotees vis-a-vis direct
recruits in the cadres of Auditor/Accountant
/ Clerk with the help of a 20- point roster
would continue?
Yes
14(a) Whether the Staff Selection Commission,
with whom the requisition has already been
placed on the basis of existing vacancy-
based reservation roster should be asked not
to sponsor candidates in view of the revised
instructions?
The candidates sponsored by SSC against the
requisition sent earlier may he appointed but
adjusted against the revised roster

(b) Whether the appointments to be made
against the dossiers received from SSC on
the basis of earlier indents are to be taken to
existing roster which will he closed on 31-
12-I 997?

Yes
15 Whether leave reserve not exceeding 10%
of the sanctioned strength of each cadre is
to be taken into account while determining
reservations for each category in that cadre?
Yes, as clarified at SI. Nos. 2 and 3(a).

16 Whether the caste status of
existing staff should be called to as certain
the representation of OBC category in each
cadre?
Reservation for OBCs is not applicable to
posts tilled by promotion. In the cadres having
element of direct recruitment, present staff
belonging to OBCs but recruited prior to 8-9-
1993 (date of effect of reservation for OBCs)
are to be treated as general category
candidates. Staff recruited on or after 8-9-
1993 against reservation for OBCs are only to
be counted against representation of OBCs in
a cadre.
17 Whether the instructions on post- based
reservation rosters are also applicable in the
cases of promotion from Group C to
Group B posts and within Group B
posts?
Yes, the instructions are applicable to
recruitments/promotions made in all the
Groups.

18 Is fraction of reservation less than 0.5 o be
ignored and 0.5 or more to be taken as 1?

While preparing a roster, the squeezing of last
reserved points may be done as clarified in
Para. 8 of Annexure-I of DoP & T O.M.,
- 116 -

Sl.
No.
Doubts Clarification
dated 2-7-1997.
- 117 -

ILUSTRATION (I)
ACCOUNTANT CARDE

Direct
rectt.
Seniority Exam
Quota
Quota Quota
Item
33
1/3%
33
1/3%
33
1/3%

Sanctioned posts
286 95 96 95
Persons-in-position
256 43 68 145
Vacancies
(-) 30 145
No. of vacancies likely to arise on account of
promotion as Senior Accountant
(-) 20 (-) 05 (-) 05 (-) 10
Total vacancies to be filled during 1998
(Allocation as per 20-point roster)
15 17 50 18
*No. of posts to be operated by three
channels
286 53 81 152

(A) Reservation Roster for Direct Recruitment Regional % of reservation for the State X
(21 SC/ 1ST / 27 OBC)
Total Posts

SC ST OBC UR Status
14 53 11 01 27
PIP 43 13 0 09 21
Net reservation - (+) 2 (-) 01 (-) 5

ST
(B) Reservation Roster for Seniority Quota
Total Posts

SC OBC UR Status
81 12 06 - 63
PIP 68 14 04 - 50
Net reservation - (+) 2 (-) 02 -

(C) Reservation of Roster for Exam Quota
Total Posts

SC ST OBC UR Status
152 23 11 - 118
PIP 145 30 06 - 109
Net reservation - (+) 7 (-) 05 -

- 118 -

Representation of SC/ST/OBCs in the cadre
Status SC ST OBC
(A) Direct Recruitment promotion 11 01 14
(B) Seniority Quota 12 06 NA
(C) Exam. Quota 23 11 NA







3. GI, Dept. of Posts, New Delhi, Lr. No. 137-10/97- SPB-11 dated 20-5-1998
Sub: Clarifications regarding Post-based Reservation Rosters

I am directed to invite a kind attention to Department of Personnel and Training Circular No.
36012/ 2/96-Estt. (Res.), dated 2-7-1997 regarding Preparation and operation of this roster. We
have received a large number of references seeking clarification on certain issues relating to post-
based roster. The points and clarifications are given in the annexure for guidance and necessary
action at your end.
ANNEXURE
A. Preparation of the Post-based Rosters
Sl.
No.
Doubts Clarification
1 1. Would an employee belonging to OBC
community recruited prior to introduction
of OBC reservation scheme, i e,, 8-9-1993
against general quota be treated as an
OBC candidate?






Whether SC/ST/OBC candidates recruited
on merit basis will be entitled to
promotion under reserved category or
not?
Appointment of candidates be-longing to
SC/ST/OBCs which were made on merit (and
not due to reservation) are not to be counted
towards reservation so far as direct recruitment
is concerned. They will occupy unreserved
points. Person of OBC communities were
appointed on merit prior to 8-9-1993. As such
they will occupy unreserved points.[refer para 5,
O. M. No 36012/2/96-Estt. (Res.) and para. 11
of Annexure-I of the O.M.]
The candidates from SC/ST category who are
recruited on merit basis are to be treated as
reserved category candidates for the purpose of
promotion as is being done at present.
- 119 -

- 120 -
2 Reservation for OBCs was introduced in
1993 only, the prescribed percentage of
OBCs has not been reached yet. Hence it
is prescribed that the new roster can be
brought into effect only after prescribed
percentage is reached in the case of
OBCs.
The vacancy-based rosters are to be replaced by
the post-based rosters. The principal for
marking and operating the post based rosters are
given in Annexure-1 All department are to
initiate immediate action to prepare and operate
the post based rosters according to the
guidelines [Refer Paras no. 3 & 7 of O.M. No
36012/2/96-Estt. (Res.) dated 2-7-1997.]
3 When it is prescribed that vacancies will
be filled 50-50% in respect of direct and
promotion quota and such recruitment is
to be vacancy-based. There are in- stances
where number of posts filled up by direct
recruitment gets vacated as a result of
direct recruits finding jobs elsewhere. As
per the present practice, such vacancies
are to be divided on 50-50% basis
amongst the direct recruitment and
promotion categories. If such a practice is
adopted the direct recruitment roster will
get shrunk while promotees will have
more numbers. It is, therefore, for
clarification whether the vacancies to be
announced under each category should be
based on number of posts remaining
unfilled in each category of the roster or
present practice should continue not with
standing the disparity.
The present practice as provided in the
Recruitment Rules is to distribute vacancies to
direct recruits and promotion quota will
continue. The roster for direct recruits and
promotees will get shrunk or expanded
accordingly. For calculating the representation,
the total of the reserved in the representation,
the total of the reserved in the both the
categories may be taken into account. [Kindly
refer to Para. 3 under heading Initial operation
of Annexsure-1 of the O.M No 36012/2/96-
Estt. (Res.) for calculating representation of
reserved category in the cadre]


4 As there is no running account based on
the vacancies, there appears to be no need
for carry forward points from one year to
another, no cycle of points and, therefore,
no need for a summary at the end of the
year.
Please refer to Para. 10 Annexure -1 of OM,
dated 2-7-1997 which very clearly stipulates
that the roster is to be operated on the principle
of replacement and not as running account.

5 Whether the concept of de reservation has
been abandoned?
The concept of de reservation will continue in
operation.
6 In case of rules 37 and 38 transfers form Para. 4 (d) of the OM relates to cases where

- 121 -
one division to another, vacancy will arise
in the lending division and against such
vacancy another person of the same
category will be recruited, but as per
instructions 4 (d) of OM, dated 2-7-1997
such person are not to be entered into the
roster in absorption division such that he
will continue to occupy one of the posts
without occupying a roster in absorption
division such that he will continue to
occupy one of the posts without
occupying a roster position which will
result in excess reservation to the
category. Hence appropriate procedure
has to be adopted for such persons in the-
roster in division where he stands
transferred rather then ignoring him all
together.
percentage of posts are prescribed to be filled by
transfer if deputation by transfer as a method of
Recruitment Rules 37 and 38 are different as
they relate to transfer of officials and not to
mode of recruitment.


7 Whether unfilled SC/ST points of 1996
under BCR can now be filled up after
introduction of post-based reservation?
As per new scheme no rosters are to be
observed for BCR/TBOP promotion.

8 How the five vacancies in the SBCO
cadre with strength of 301 may be filled
up as the roster at present has excess of
63OBCs and 3 SCs and a shortfall of 9
STs and 62 OBCs?
The rule of 50% vacancies to be tilled up by
reservation would apply. Therefore, out of 5,
three would go to OC and two to re served
categories. One point each may be provided for
the vacancies for which there is a shortfall.
9 Whether the vacancies for which the
following action to complete recruitment
has already been taken be filled up if:
- vacancy has already been declared,
- examinations conducted.
The orders contained in OM, dated 2-7-1997
take effect from the date of issue. Where
selections have been finalized / announced, they
need not be disturbed. As long as the select list
of candidates has not been finalized as indicated
in the OM, be taken action, as to fill up
vacancies
10 In the model roster for cadre strength of
13 or below, only two replacements have
been shown against SI. No. 13, i.e., initial
recruitment will be UR category and first
Kindly refer to the illustration in Appendix to
Annexure-Il of the OM, dated 2-7-1997. In case
of a cadre having 13 posts, initial recruitment
will be as indicated therein and the next will be-

- 122 -
replacement by ST. What about further
replacements by ST.what about further
replacement against the post 13 in cadre
strength 13, the same is not clear
as indicated in the 1st recruitment. Thereafter,
the next there for the next replacement would be
the same as in case of initial recruitment.
11 The roster does not indicate method of
calculation of vacancies and recruitment
against physically handicapped, ex-
servicemen and sports quota for which
percentage is based on vacancies.
There are no points for the physically
handicapped, ex-servicemen, etc, even in the
present roster. Their reservation will continue to
be on the basis of vacancies announced in the
respective categories and adjusted against the
respective communities.
12 It has been mentioned in the new roster
circulated by the DoP & I is all India
based, whereas regional roster is required
to be implemented.
Similarly there is variation in the reserved
points in 40%-point roster.
The rosters indicated in the Annexure of the
OM of the DoP & T, dated 2-7-1997 are o or
purposes of illustration. The DoP & T has laid
down the principles for making and operating
post- based roster. Each Circle has to make its
own roster on. these principles. There is no 40-
point roster now. [Kindly refer to Para. 3 of the
O.M, No. 36012/ 2/96-Estt. (Res.) dated 2-7-
1997].
13 It has been mentioned that as per
judgment is the Indira Sawhney case the
reservations in the matter of promotion
are to continue for a period of five years
with effect from 16-11.1992. Since the
stipulated period is already over, it may
be clarified whether the reservations for
SCs/STs in promotion are still in
operation or to be discontinued with effect
from 17.11-1997.
DoP & T, O.M. No. 36012/18-95- Estt. (Res)
Pt. II dated 1-8-1997 is being circulated in
which it has been decided to continue
reservations for SCs/STs as at present in
services/posts under the Central Government
beyond 15-1 1-1997 till such time as the
representation reaches the prescribed percent
ages of reservation where after the reservation
in promotion shall continue to maintain the
reservation to the extent of the prescribed
percentages for the respective categories.

B Operation of the Roster
14 Are rosters required to be maintained for
ad hoc appointments by way of
promotions for a period of 45 days or
more?

No rosters for ad hoc appointments.





If a Government servant holding a post to
be filled by promotion goes on leave,
deputation, training, etc., the post can be
filled up by promoting an eligible official
on the basis of seniority irrespective of
the category to which the latter belongs.
The presumption is confirmed.

15 Will separate rosters be required for
OTBP / BCR? In which roster will the
OTBP / BCR officials be indicated?
For OTBP / BCR, there will he no need to
maintain separate rosters as the promotions are
not post based. Hence the rosters may be
maintained for LSG (norm-based posts) only in
the Division. For HSG-IT and HSG-l norm-
based posts, rosters may be maintained at Circle
Level.
16 Question of continuation of relaxed norms
for filling up of shortfall in TBOP and
BCR l1 need to be re-examined since
TBOP/BCR officials will form a part of
the time scale roster and any shortfall will
have to be made in the recruitment to PA /
SA cadre.
When there is no need to maintain roster for
OTBP / BCR promotions, there will be no need
to re lax standards for SCs / STs, for filling .up
shortfall vacancies under OTBP / BCR.






- 123 -




ANNEXURE II

SPECIAL RECRUITMENT DRIVE
REPORT IN RESPECT OF AUTONOMOUS BODIES
REPORT ABOUT BACKLOG RESERVED VACANCIES IDENTIFIED FOR FILLING UP THROUGH
THE DRIVE
(As on 1.7.2004)
Number of Backlog Vacancies
Direct Recruitment
Quota
Promotion Quota
Category / Class / Group of Posts.
SC ST ST SC

Group A or equivalent posts

Group B or equivalent posts


Group C or equivalent posts


Group D or equivalent posts


TOTAL

NB: Consolidated information in respect of all the autonomous bodies under the control of the Ministry / Department should be
sent in one go. Incomplete or part information should not.
- 124 -

Subject : Modification of instructions to provide that the 50% limit shall apply to current as
well as backlog vacancies and discontinuation of the special recruitment drives.
1. The undersigned is directed to invite reference to the instructions contained
in this Departments O.M. No. 36012/6/88-Estt.(SCT) dated April 25, 1989,
according to which, for the purpose of determining the ceiling of 50% on
reservation, reservation against the current vacancies and the backlog
vacancies are to be treated as two distinct groups. It was also laid down that
the instructions, to the effect that not more than 50% of the vacancies could
be reserved for SCs/STs, Physically Handicapped etc. would apply only in
respect of current vacancies arising in a year and would not apply in case of
backlog vacancies reserved for SCs/STs, which would continue to be filled
up without any restriction.
2. The Supreme Court in the judgement in the case of Indira Sawhney Vs.
Union of India, inter-alia, validated the Carry forward rule under which
reservations are carried forward from year to year. However, while doing so,
the court also directed that the application of this rule in whatever manner it
was operated, should not result in the breach of the 50% rule. In other words,
the judgement laid down that the number of vacancies to the filled on the
basis of reservation in a year, including carried forward reservation should
in no case exceed the 50% limit. It is, therefore, not possible now to treat the
current and backlong reservation on separate footings in the manner
contemplated in this Departments O.M. dated April 25, 1989 mentioned in
para 1 above.
3. In view of the position stated above, for the purpose of applying the rule of
50%, a year has to be taken as the unit and not the entire strength of the
cadre, the service or the unit, as the case may be. Thus, not more than 50%
vacancies in a year, including the backlog, can be filled on the basis of
reservation for SCs/STs/OBCs. In the light of this, henceforth backlog
vacancies for the purpose of application of 50% ceiling on reservation shall
not be treated as a distinct group, and the instructions contained in the O.M.
dated April 25, 1989 may be treated as modified to this extent.
4. This highlights the need to ensure timely filling u of reserved post in order to
avoid accumulation of backlog. This Department has been issuing
instruction from time to time stressing this aspect and laying down the steps
to be taken for proper filling up of reserved posts. For instance, instructions
contained in this Departments O.M. No. 42/21/49-NSG dated January 28,
1952, O.M. No. 36022/4/76-Estt. (SCT) dated August 7, 1976 and O.M. NO.
36034/2/78-Estt. (SCT) dated February 27, 1978 lay down the procedures to
be followed in this respect. Similarly, para 2 of the O.M. dated April 25, 1989
requires a second attempt to be made for recruitment if the first attempt to
effect recruitment in reserved posts fails. All Ministries/Departments are
requested to ensure compliance with these instructions and to make all-out
efforts to fill the reserved posts in the same year so that the backlog is
minimized.
- 125 -

5. These instructions take immediate effect.
6. All Ministries/Departments are also requested to bring these instructions to
the notice of their Attached/Subordinate Offices and Autonomous
Bodies/Public Sector Undertakings under their control for compliance.
(No. 36012/5/97-Estt.(Res) dated 29the Aug. 1997
- 126 -

Subject : Reservation in promotion Prescription of lower qualifying marks/lesser
standard of evaluation.

1. The undersigned is directed to say that in terms of instructions noted in
the margin* certain relaxation/concessions in the matter of qualifying
marks/standards of evaluation of performance are to be made in favour of
candidates belonging to the Scheduled Castes and the Scheduled Tribes
while considering them for promotion.
2. The validity of such lower qualifying marks/lesser standards of evaluation
was called into question in Courts in the case of Indira Sawhney Vs Union
of India. The Supreme Court, held that the provision for lower qualifying
marks/lesser level of evaluation, in Castes and the Scheduled Tribes
under Governments instructions, is not permissible under Article 16(4) in
view of the command contained in Article 335 of the constitution. The
Court has further observed that even if it is assumed for the sake of
argument that reservation is permitted by Article 16(4) in the matter of
promotion, a provision for lower qualifying marks or lesser level of
evaluation is not permissible in the matter of promotion, by virtue of
Article 335. The court also held that the protection for reservation in
promotion for five years, given by the Supreme Court, vide para 829 of
the judgement in Indira Sawhneys case, did not save the provisions for
lower qualifying marks/lesser level of evaluation.
3. It has accordingly been decided to withdraw the instruction contained in
this departments O.M. NO. 8/12/69-Estt. (SCT) dated 23/12/70 and O.M.
NO. 36021/10/76-Estt.(SCT) dated 21-01-1997, in so far as these provide
for lower qualifying marks for Scheduled Castes/Scheduled Tribes
candidates in departmental qualifying/competitive examinations for
promotion. Similarly, the relevant portions of para 6.3.2 of the DPC
guidelines circulated vide this Departments O.M. No. 22011/5/86-Estt.(D)
dated 10-04-1989, to the extent that they provide for consideration of
Scheduled Castes/Scheduled Tribes candidates without reference to
merit and the prescribed bench mark are hereby rescinded .
4. It is clarified that the effect of these instruction is that henceforth there
shall be no separate standards of evaluation for candidates of the
Scheduled Castes/Scheduled Tribes for promotion, and assessment of all
candidates for this purpose will be with reference to uniform standards.
Any other instructions of the Government, which provide for lower
qualifying marks/lesser standards of evaluation in matters of promotion
for candidates belonging to the Scheduled Castes/Scheduled Tribes, may
also be treated as having been modified to this extent.
5. These instructions take immediate effect.

- 127 -

All Ministries/Departments are also requested to bring these instruction to the
notice of their Attached/Subordinate offices and autonomous
bodies/Public Sector Undertakings under their control for compliance.
- 128 -

(Department of Personnel and Training O.M. No. 36012/23/96-Estt. (Res)
dated 22.07.1997)
*(i) O.M. No. 8/12/69-Estt.(SCT) dated 23-12-1970,
(ii) 36021/10/76-Estt.(SCT) dated 21-01-1977,
(iii) para 6.3.2 of the DPC guidelines circulated vide O.M. NO. 22011/5/86-
Estt.D dated 10-04-1989.
Subject : In all types of direct recruitment the reserved vacancies are to be
filled up only by SC/ST/OBC candidates selected on relaxed standards
and not by candidates selected on their own merits.
----------------
1. The undersigned is directed to refer to this Departments O.M. No.
36012/13/88-Estt.(SCT) dated 22-05-1989 and to clarify that the
instructions contained in the O.M. aply in all types of direct
recruitment whether by written test alone or written test followed by
interview or by interview alone.
2. O.M. dated 22-5-1989 refereed to above and the O.M. No. 36012/2/96
Estt. (RES) dated 2-7-1997 provided that in cases of direct
recruitment, the SC/ST/OBC candidates who are selected on their
own merit will not be adjusted against reserved vacancies.
3. In this connection is is clarified that only such SC/ST/OBC
candidates who are lelected on the same standard as applied to
general candidates shall not be adjusted against reserved vacancies.
In other words, when a relaxed standard is applied in selecting an
SC/ST/OBC candidates, for example, in the age-limit, experience,
qualification, permitted number of chances in written examination,
extended zone of consideration larger that what is provided for
general category candidates etc., the SC/ST/OBC candidates are to
be counted against reserved vacancies. Such candidates would be
deemed as unavailable for consideration against unreserved
vacancies.
(Department of Personnel and Training O.M. 36011/1/98-Esstt (Res)
dated 1-7-1998)
Subject : National Commission for SC and ST cannot issue any instructions in
the nature
of injection on implementation of the Governments orders.
---------
1. The undersigned is directed to refer to this Departments, Office
Memorandum of even number, dated 1-1-1998 and letter No. 4/3/98-
SSW II dated Nil addressed to the Secretary Department of Personnel
and Training by the national Commission for Scheduled Castes and
- 129 -

Scheduled Tribes with copies endorsed to all Ministries/Departments
of the Governments of India etc. and to say that the aforesaid letter
of the commission tends to create the impression that the
commission has powers to supersede the department of personnel
and training O.M. of even number dated 1-1-98 for which in fact
powers have not been vested in the commission in terms of Article
338 of the constitution. As the commission lacks the authority to
issue directions in the nature of injection, the aforesaid action of the
commission is clearly beyond its powers and is illegal.
2. The National Commission for Scheduled Castes and Scheduled
Tribes is assigned the important role of safeguarding the interests of
SC/STs and has been vested eith certain powers in discharge of its
role in terms of Article 338 of the Constitution. The Ministries /
Departments etc. are therefore expected to extend maximum
cooperation to the Commission in the discharge of its role and to
give its recommendations/ suggestions due consideration. The
Ministry of Agriculture etc. are however, advised to ignore such of
the instructions issued by the Commission as may purport to either
amend or withhold or keep in abeyance the instructions issued by
the Government in implementation of the reservation olicy of the SCs
and STs.
(Department of Personnel and Training O.M. No.36036/2/97-Estt. (Res)
dated 30-11-1998)

Subject: National Commission for SCs/STs has no powers to direct withholding
of the operation of orders of the Government.
------------
The undersigned is directed to say that in terms of this Departments
O.M. No.36011/15/79-Est.(SCT), dated January 6, 1981, if other
Ministries/Departments intend to depart from the policies laid down
by the Department of Personnel, it is mandatory for them to consult
the Department of Personnel in terms of sub-rule 4 of Rule 4 of the
Transaction of Business Rules; otherwise the policies laid down by
the Department of Personnel are binding on them.
2. The instructions, contained in this Departments Office Memoranda,
dated July 2 July 22, August 13 and August 29, 1977 continue to be
in operation and there is no proposal to withhold or to keep in
abeyance their implementation.
3. In the All India Indian Overseas Bank Scheduled Castes and
Scheduled Tribes Employees Welfare Association and other v. Union
of India and other (Civil Appeal No. 13700 of 1996), the Supreme
Court has held that the National Commission for the Scheduled
Castes and the Scheduled Tribes has no power of granting
- 130 -

injunction, whether temporary or permanent. The Court also held
that the powers of the Commission in terms of Article 338 (8) of the
Constitution are all the procedural powers of Civil Court for the
purpose of investigating and inquiring into the matters and that too
for that limited urpose only.
4. In view of the judgement of the Supreme Court referred to in Para 3,
the National Commission for the Scheduled Castes and the
Scheduled Tribes has no powers to direct withholding of the
operation of any orders issued by the Government.
5. Ministry of Agriculture, etc., may, therefore, keep in mind the
directions contained in this Departments O.M. dated 6.161981 and
the judgement of the Supreme Court refereed to above while dealing
with the directions given by the National Commission for the
Scheduled Castes and the Scheduled Tribes Ministries/Departments,
etc., must, however in all fairness consider the recommendations of
the Commission in the light of policies laid down by the Department
of Personnel and Training.
(G.I.Dept. of Per. & Trg.O.M.No.36036/2/97-Estt (Res.) dated 1.1.1998)

No.36012/23/96-Estt. (Res.) Vol. II
Government of Iidia
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi
Dated the 3
rd
October ,2000
Office Memorandum
Subject: Reservation in promotion- Prescription of lower qualifying marks/ lesser
standard of evaluation.
-----------------
1. The undersigned is directed to refer to Department of Personnel &
Trainings O.M. No. 36012/23/96-Estt. (Res.) dated 22
nd
July, 1997 vide
which various instructions of the Government providing for lower
qualifying marks/ lesser standards of evaluation in matters of
promotion for candidates belonging to the Scheduled Castes and
Scheduled Tribes had been withdrawn, on the basis of the Supreme
Courts judgement in the case of S. Vinod Kumar Vs. Union of India.
2. The undersigned is further directed to say that the matter has
been reviewed, consequent to which the following proviso to
Article 335 has been incorporated in the Constitution (Eighty-
Second Amendment) Act, 2000:-
- 131 -

Provided that nothing in this Article shall prevent in making of any
provision in favour of the members of the Scheduled Castes
and Scheduled Tribes for relaxation in qualifying marks in any
examination or lowering the standards of evaluation, for
reservation in matters of promotion to any class or classes of
services or posts in connection with the affairs of the Union or
of a State.
3. In pursuance of the enabling proviso of Article 335 of the
Constitution, it has now been decided to restore, with
immediate effect, the relaxations/ concessions in matters of
promotion for candidates belonging to SCs / STs by way of not
lower qualifying marks, lesser standards of evaluation that
existed prior to 22.7.1997 and as contained in the instructions
issued by the Department of Personnel and Training from time
to time including OM No.8/12/69-Estt.(SCT) dated 23.12.1970,
No. 36021/10/76- Estt.(SCT) dated 21.1.1977 and para 6.3.2 of
the DPC guidelines contained in Department and Training O.M.
No. 22011-5/86- Estt (Res) dated 22
nd
July, 1997 becomes
inoperative from the date of issue of this OM.
4. These orders shall take effect in respect of selections to be
made on or after the date of issue of this OM and selections
finalized earlier shall not be disturbed.
5. All Ministries/ Departments are requested to bring these
instructions also to the notice of their Attached/ Subordinate
Officers and Autonomous Bodies/ Public Sector Undertakings
under their control for compliance.
(Sd/-)
(J. Kumar)
Deputy Secretary to the Government of India
Tel. No. 3011797




No.36012/5/97-Estt. (Res) Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi
- 132 -

Dated the 20
th
July,2000
Office Memorandum
Subject: Treatment of backlog vacancies reserved for SCs & STs as a
distinct group and non-applicability of 50 percent ceiling thereon.
-----------
The undersigned is directed to invite a reference to Department of
Personnel and Trainings O.M.No.36012/5/97-Estt. (Res) dated 29
th

August, 1997 wherein it was laid down that 50 per cent limit on
reservation shall apply to current as well as backlog vacancies and
that backlog of reserved vacancies shall not be treated as distinct
group for the purpose of 50 per cent limit on reservation and to say
that the matter has been reviewed. Consequently, article 16(4B) has
been incorporated in the Constitution by the Constitution (Eight-First
Amendment) Act, 2000, which provides as under:-
1. Nothing is this article shall prevent the State from considering any
unfilled vacancies of 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 of the year in which they are being filled up for
determining the ceiling of fifity per cent reservation on total number
of vacancies of that year.
2. In pursuance of the provisions of Article 16(4B) of the
Constitution, it has been decided that in partial modification of
the instructions issued vide this Departments
O.M.No.36012/5/97-Estt. (Res), dated 29
th
August, 1997, the
reserved vacancies for Scheduled Castes and Scheduled
Tribes in all cases of direct recruitment and promotion,
wherever applicable, which have remained unfilled in the
earlier year (s) i.e. backlog and / or carried forward vacancies
would be treated as a separate and distict group and will not
be considered together with the reserved vacancies of the year
in which they are being filled up for determining the ceiling of
50 per cent reservation on total number of vacancies would
aply only on the reserved vacancies for SCs/STs of earlier
years would be treated as a separate and distinct group and
would not be subject to any ceiling. However, backlog and / or
carried forward reservation will automatically lapse in a cadre
as soon as combined representation of a reserved category in
direct recruitment as well as promotion is either equal to or
more than the prescribed number of reserved posts in the
relevant post-based rosters.
- 133 -

3. As the Ministries are aware, reservation with effect from
2.7.1997 is linked to post based rosters. The backlog
vacancies would, be determined with reference to the post
based rosters keeping in view the instructions issued vide this
Departments O.M.No36012/2/96- Estt. (Res.) dated 2
nd
July,
1997.
4. The Ministries / Departments are requested to carry out a
review for early assessment of the backlog vacancies in
respect of SCs & STs both by way of direct recruitment and
promotion and make concerted efforts to fill up backlog
vacancies.
5. This order takes effect from the date of issue.
6. All Ministries / Department are requested to bring these
instructions also to the notice of their Attached / Subordinate
offices and Autonomous Bodies / Public Sector Undertakings
under their control for compliance.
7. Hindi version will follow.
(Sd/-)
(J. Kumar)
Deputy Secretary to the Government of India,
Tel. No. 301 1797.















- 134 -

G.I., Dept. of Per. & Trg., O.M. NO. 36028/17/2001-Estt.
(Res.)
Dated 11-07-2002
Treatment of SC/ST candidates promoted on their
Own merit, in the reservation Roster

The undersigned is directed to say that this Department has
been receiving references from various Ministries, etc., regarding
adjustment of SC/ST candidates promoted on their own merit in the
reservation rosters introduced vide DoPTs O.M. No. 36012/2/96-Estt.
(Res.), dated 2-7-1997. While it is clear from the OM, dated 2-7-1997
(Sl.No. 187) of Swamys Annual, 1997) that the SC/ST/OBC
candidates appointed by direct recruitment on their own merit and
not owing to reservation will be adjusted against unreserved points
of the reservation roster, doubts have been raised about SC/ST
candidates promoted on their own merit. It is hereby clarified that :-

(i) The SC candidates appointed by promotion on their own
merit and not owing to reservation or relaxation of
qualifications will not be adjusted against the reserved
points of the reservation roster. They will be adjusted
against unreserved points.
(ii) If an unreserved vacancy arises in a cadre and there is any
SC/ST candidate within the normal zone of consideration in
promotion on the plea that the post is not reserved. Such a
candidate will be considered for promotion along with other
candidates treating him as if he belongs to general
category. In case he is selected, he will be appointed to the
post and will be adjusted against the unreserved point.
(iii) SC/ST candidates appointed on their own merit (by direct
recruitment or promotion) and adjusted against unreserved
points will retain their status of SC/ST and will be eligible to
get benefit of reservation in future/future promotions, if
any.

2. All Ministries/Departments are requested to bring the contents
of this O.M. to the
notice of all authorities under them for information and
compliance.

- 135 -