WORKSHOP ON RESERVATION POLICY

SCOPE & APPLICATION OF THE SCHEME OF RESERVATION

A person should belong to SC should profess either the Hindu or the Sikh or
Buddhist religion.
A person of ST may profess any religion.
A person not belonging to SC/ST by birth will not be deemed to be a member of
SC/ST by virtue of marriage with a person belonging to SC/ST.
Similarly a person belonging to SC/ST by birth will continue to belong to that
category even after marriage with a person not belonging to SC/ST. If an SC person
converted to religion other than Hinduism/Sikhism/Buddism reconverts himself back to
these religions, he will be deemed to have reverted to his original status, if he is accepted
by Members of that particular caste as one among them.
Every SC Member should immediately be informed the appointing authority in
the event of any change of/ his/her religion.
1.

Scope

The main objective of providing reservations for Scheduled Castes and Scheduled
Tribes in civil posts and services of the Government is not just to give jobs to some
persons belonging to these communities and thereby increase their representations in the
services but to uplift these people socially and educationally and to provide proper place
for them in the society. Reservations at the prescribed percentages for SCs and STs
should invariably be made to the extent stipulated in all the posts filled by direct
recruitment and promotion unless any posts are exempted by special or general
instructions issued by DOP&T.
2.

Application
(1)
(a)
(b)
(c)

(d)

The reservation scheme applies to

All posts/grades belonging to Group A, B C & D under the Central Govt.State
Govt.
Posts of industrial workers in Industrial Establishment of the Govt.
Workcharged posts Reservation generally applicable to the extent possible
normally in Railways, CPWD, Telecom etc. Emergencies like Flood Relief,
Accident Restoration and relief etc. The percentage of reservations in such
appointment may correspond to what are applicable to Group C & D Posts.
Daily-rated Staff It may not be practicable to apply the reservation orders in
toto. However, it should be ensured that proper representation does not go
below the prescribed percentages for SCs/STs . There are no vacancies for
daily wages. As such, depending upon the exigencies of work to be executed.

(e)
(2)
(a)

For example, in an organization engages about 100 daily wagers, it should be

properly represented or engaged in accordance with the percentages fixed for
them in the Centre or local /Regional Recruitment, no roster is to be
maintained.
Casual Workers appointed against regular posts. It is in the case of direct
recruitment.
The reservation scheme is not applicable to
Posts filled by transfer or deputation reservations do not apply posts filled
by deputation but whenever ministry/department proposes to depute in the
public interest officers serving in or under them, a post in or under another
Ministry/Department etc. the SC/ST employees serving or under the ministry
department concerned who are eligible to send on deputation should also be
considered for such deputation.
While selecting persons for such posts on transfer/deputation to be filled by
duly considered the cases of eligible SC/ST employees whose names are
being forwarded by other ministries/departments alongwith other eligible
employees.
Posts filled by promotion In posts other than those covered by above para.
Temporary appointment of less than 45 days duration
Those work-charge posts required for emergencies like Flood Relief/Accident
restoration and relief

(3)

Application to Scientific & Technical Posts These orders apply also to

appointments made to Scientific & Technical posts upto and including the
lowest rank of Group A in the respective services.
In respect of such posts as are required for Research & reserve vacancies are
to be advertised only once and not twice. In the event of non-availability of
candidates belonging to these communities, vacancies may be treated as dereserved by the concerned ministry for which prior approval of the
Department of Personnel & Trg. will not be necessary. However, both the
Commission for SCs & STs and DOP&T should be kept informed about the
de-reservation by giving full details.
In other cases the approval of concerned department alongwith the
comments of Liaison Officer should be obtained due to non-availability of the
candidates, subsequently the approval of DOP&T, the same should be
communicated to SC/ST Commissions.
Carry-forward of reservation Unfilled reserved vacancies will be carriedforward for the next block and the same year first. Unfilled vacancies at the
end of the year will be carried forward to 3 subsequent years.

Ministries/Departments can, on the orders of Minister concerned, exempt

from the purview of the reservation orders posts in the grades above the
lowest grade in Group A of the service concerned, classified as Scientific or
Technical or for conducting Research, for organizing, guiding or conducting
research.

CONSTITUTIONAL PROVISIONS AND SAFEGUARDS OF SC/ST & OBC

The Constitution of India provided among other various, protections and
safeguards for public employment to the above persons keeping in view the
discrimination and disabilities suffered by these classes to catch up and compete
successfully with their more fortunate brother and sisters in the matter of securing public
employment. Specific provisions for reservations in the services in favour of numbers of
SCs/STs & OBCs have been made as follows in the Constitution of India.
Article-16 (4) Equality of opportunity in matters of public employment.
Article-16 (4-A) Nothing in this article shall prevent for state from making any
provision for reservation in the matter of promotion to any class or classes of posts
in the services under the State in favour of SC/ST/OBC etc.
Article 335 Claims of SC/ST to services and posts shall be taken to
consideration consistently with the maintenance of efficiency of administration in
making of appointment to the services and posts.
Article 338 Under this article a commission for SCs & STs was formed
Subject to the provision of any law made in this behalf by Parliament, the
Commission shall consist of Chair-person, Vice Chairman and 5 other Members
and conditions of service and tenure of office of above members so appointed shall
be such as the President may by rule determine.
The commission is appointed by President by warrant under his hand and seal.
The Commission shall have the powers to regulate its own procedure.
5. It shall be the duty of the commission
(a)
(b)
(c)
(d)
(e)

(f)

To investigate and monitor all matters relating to the safeguards provided for
these candidates and to evaluate the working of such safeguards.
To inquire into specific complaints with respect to the deprivation of rights
and safeguards of SCs & STs.
To participate and advice on the planning process of Socio & Economic
Development and to evaluate the progress of development
To present to the President annually and at such other times as the
Commission may deem fit reports upon the working of those safeguards.
To make in such reports recommendations as to the measures that should be
taken by Union or any State for effective implementation of those safeguards
and other measures for the protection of Socio Economic Development and
Welfare of the candidates.
To discharge other functions in relations to the protection to the Welfare,
Development and Advancement of the candidates.

The President shall cause all such reports to be laid before each House of
Parliament alongwith a Memorandum explaining the action taken or proposed to
be taken on the recommendations relating to the Union and the reasons for nonacceptance, if any, of any such recommendations. 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 State alongwith Memorandum explaining the action taken or
proposed to be taken on recommendations.
The Commission shall, while investigating referred to in sub-clause (a) or inquiry
any complaint referred to in sub-clause (b) of Clause (5), have all the powers of
Civil Court trying a suit and in particular in respect of the following matters
namely
(a)
(b)
(c)
(d)
(e)
(f)

Summoning & enforcing the attendance of any person from any part of
India and examining him on oath.
Requiring the discovery and production of any document
Receiving evidence on affidavits
Requisitioning any public record or copy thereof from any court or office
Issuing commissions for the examination of witnesses and documents
Any other matter which the President may, by any rule, determine

The Union and every State Govt. shall consult the commission on all major policy
matters effecting SCs & STs .
Including references to such other backward classes as the President may, on
receipt of the report/Commission appointed under Clause-1 of Article 340 by order
specify and also to the Anglo - Indian Community.
Article 341 SCs The president may, with respect to any State or Union
Territory, after consultation with the Governor by public notification, specify the
Castes, Races or Tribes for the purpose of this constitution to be deemed to be SCs
and in relation to that state or Union Territory or the case may be.
Parliament may by Law include in or exclude from the lists of SCs any Caste,
Race or Tribe or part of or Groups by subsequent notification.
Article-342 Scheduled Tribes After consultation with the Govt. by public
notification specify the Tribes or Tribal Communities or parts or Groups within
Tribes or Tribal Communities which shall for the purpose of constitution be
deemed to be STs in relation to that state or Union Territory as the case may be.
Parliament may by Law include in or exclude from the list of STs specify in the
notification.

In the light of the provisions, Article-16 (4) and 335 of the Constitution, the Govt.
of India reviewed its policy regarding special representation in services for SCs &
STs issued fresh orders which were made applicable with effect from January,
1950. According to these orders, reservation was limited to only such posts filled
by direct recruitment. Subsequently reservations in promotion also have been
introduced progressively.

CONSTITUTIONAL PROVISIONS OF OBCS

The article 340 - appointment of Commission to investigate the conditions of
BCs (Socially and Educationally Backward Classes) within the Territory of India
and difficulties under which they labour and to make recommendations as to the
steps that should be taken by the Union or any State to remove such hardships and
to improve their conditions and as to the grants that should be made for the
purpose.
The Commission so appointed shall investigate the matter referred to them and
present to the President report setting out the facts as found by them and making
such recommendations as they think proper.
The President shall cause a copy of the report so presented together with a
Memoranda explaining the action taken report thereon to be laid before each house
of Parliament.
National Commission for BCs has been constituted by the Govt. of India with
Chairman and 4 Members.
Functions of Commission The Commission will examine request for inclusion of
any Class of Citizen as backward class in the list and hear compliance of over
inclusion or under inclusion of any BCs in such list tender such advice to the
Central Govt. as it deems appropriate.
Powers While performing its functions, the commission shall have all the powers
of Civil Court trying a suit and in particular, in respect of the following matters
(a)
(b)
(c)
(d)
(e)
(f)

Summoning and enforcing the attendance of any person from any part of
India and examining him on oath
Requiring the discovery and production of any document
Receiving evidence on affidavits
Requisitioning of any public record or copy thereof from any court or
office.
Issuing Commissions for the examination of witnesses and documents
Any other matter which may be prescribed.
OBCs for the purpose of reservation would comprise of caste and
communities which are formally mentioned in both the lists in the Mandal
Commission and State Govt. List. The Mandal Commission was
appointed by President of India to recommend/suggest inclusion of
caste/communities for giving reservation to OBCs i.e. socially and
educationally backward classes. The Mandal Commission had submitted
the report on 31st December, 1980.

A list of such common categories has been brought out by the Ministry of
Welfare . However, from this list certain communities/sections excluded.
The rest will be entitled for reservation. This is applicable from 8 th
September, 1993.
Certificate
Any candidate claiming to belong to OBC should obtain a certificate in the
prescribed form signed by anyone of the specified authorities. No other
certificate will be accepted. The authority should also certify that the
candidate does not belong to any one of the creamy layers.
Conditions to be added in the appointment order - The appointment order
should state that offer of appointment is subject to verification of OBC
Certificate and if the verification reveals that the claim is false, the
services will be terminated forthwith without assigning any further
reasons.
Reservations only in direct recruitment. 27% in Civil Posts/Services are
reserved for OBCs and no reservation for promotions.
Exemptions Scientific/Technical posts for conducting/organizing/guiding
and directing Research, which are above lowest Group A Grade are
exempted from the purview of reservation.
Relaxation/Concessions 3 years relaxation in age limit for all posts.
Meritorious candidates not to be adjusted against 27% OBC Reservation.
Minimum standard of examination/interview will be allowed for OBCs at
par with SC/ST

ISSUANCE AND VERIFICATION OF CASTE CERTIFICATE

APPENDIX-3
AUTHORITIES EMPOWERED TO ISSUE CASTE CERTIFICATES
The undermentioned authorities have been empowered to issue Caste Certificates
of verification
1.

2.
3.
4.

District
Magistrate/Additional
District
Magistrate/Collector/Deputy
Commissioner/Additional Deputy Commissioner/Deputy Collector/Ist Class
Stipendiary
Magistrate/Sub-Divisional
Magistrate/Taluka
Magistrate/Executive Magistrate/Extra Assistant Commissioner.
Chief
Presidency
Magistrate/Additional
Chief
Presidency
Magistrate/Presidency Magistrate.
Revenue Officer not below the rank of Tehsildar
Sub-Divisional Officer of the area where the candidate and/or his family
normally resides.
FORM OF CASTE CERTIFICATE

This is to certify that Shri/Shrimati/Kumari______________Son/daughter

of_____________________of
village/town__________________in
District/Division____________of the State/Union Territory__________________belongs
to the Caste/Tribe which is recognized as a_____________________________.
This certificate is issued on the basis of the Scheduled Castes/Scheduled Tribes
Certificate issued to Shri/Shrimathi____________________________father/mother of
Shri/Shrimatic/Kumari______________________of village/Town_________________in
District/Division___________________________of
the
State/Union
Territory________________who belongs to the Caste/Tribe which is recognized as a
Schduled Caste/Scheduled Tribe in the State/Union Territory__________________issued
by the__________________dated________________.
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:________________

Date:____________
RELAXATIONS & CONCESSIONS
The following relaxations & concessions are available in the matter of
appointment and promotions.
1.

Recruitment/Appointment

a) Age relaxation Direct Recruits Maximum age limit increased by 5

years.
b) Departmental Candidates The candidates are allowed to compete
alongwith candidates from the open market upto the age of 45 years (40
years for general candidates)
c) Physically handicapped persons 10 years over and above the age
relaxation of 5 years (normally 5 years admissible). Group A & B
Services relaxable upto 5 years (10 years for SC/ST & 8 years for OBC).
to blind, deaf-mute, orthopaedically handicapped posts/services
d) No relaxation in qualification and/or minimum number of marks/grade
e) Relaxation available Minimum Standard The Selecting authority
should determine the minimum standard for the purpose of selection at the
examination/interview and selection is made as per place or rank obtained
in the examination/interview subject to fulfilling the minimum standard.
If adequate number of candidates are not available to fill up the reserved
vacancy may be selected to the extent of shortfall in vacancies by relaxing
the minimum standard provided they are not considered unfit to hold the
post.
f) Relaxation in the case of non-technical and quasi technical Group C and
D Services/posts Maintenance of efficiency of administration, they
should be given inservice training the officers of the appointing authority.
g) Relaxation in the period of experience prescribed to be indicated in the
advertisement/requisition. The appointing Authority should record the
reasons for relaxing the qualifications regarding experience in writing
whenever such relaxation is granted.
2.
Promotion :
a) Age relaxation Upper age-limit should not exceed 50 years for
promotion and it should be relaxed by 5 years. This will not be applicable
to para-military organization.
b) Lower qualifying marks/lesser standard of evaluation in any departmental
examination This was earlier withdrawn again restored with effect from
3.10.2000.
c) Fee concession for examination/selection
Fully exempted.
d) Travelling Allowance Second Class Railway Fare or bus fare from the
nearest railway station/Bus Stand to their normal place of residence from

which they actually perform the journey is reimbursable. KMs should be

beyond 30. No extra Charges.
This is also applicable to candidates called through Employment
Exchanges.
The above concessions are not admissible to those who are already in
Central/State Govt. service.
The payments will be made on the basis of written application from the
candidate with relevant documentary evidence.
In case the payment is not made on the spot, the amount may be remitted
to the candidate at Govt.cost.
The above concessions are applicable to Group A & B Posts also even
though they are appearing for reserved/unreserved posts.
Sea-journey concession This is only applicable to ST Candidates the
lowest class (exclusive of Diet charges) for the LMA Islands for Group
C & D Posts and the distance should be more than 30 KMs.
Transfer to posts of Peons Amongst the Sweepers, Farashes ,
Chowkidars, minimum 5 years service though not possessing minimum
educational qualification for direct recruitment to the post of peon, they
can be converted or transferred upto 25% of vacancies.
General Pool accommodation Type-I & Type_II 10% quota for SC ST
Candidates, Type-III & Type-IV 5% can be allotted.
The vacancies available in the quota reserved for this purpose could be
allotted in the ratio of 2 :1 to the SC/ST Candidates. In case no SC
employee available, the quota can be allotted to ST Employee and viceversa.
The employees who are already in occupation of general pool
accommodation will not be entitled to be considered for higher allotment
of type of quarters.
Allotment procedure In case sufficient applications from the candidates
are not available for the current allotment year, fresh application may be
invited.
Register for allotment of all clear vacancies will b maintained 60 point
roster will be maintained and points 10,20,40,50 for SCs, points 30 & 60
for STs will be allotted for Type-I & Type-II accommodation. Type-III

and Type-IV, points 20 & 30 are to be earmarked to SCs and point 60

allotted to ST.
These employees will also be considered for allotment as per their turn
alongwith other general candidates in addition to the above reservation.
Seniority :
SC/ST Govt.Servant shall on their promotion by virtue of rule of
reservation/roster, be entitled to consequential seniority also.
Ad hoc promotions :- will be considered against vacancies in excess of 45
days. No formal roster is required to be maintained, but a simple register
called Ad hoc promotion register will be maintained.
Adjustment of meritorious candidates against un-reserved points.
SC/ST Candidates to be considered against un-reserved vacancy also.
Retention of SC/ST status by meritorious candidates.
Zone of consideration for promotion Normal zone will be extended by 5
times.
Liaison Officer an officer in the rank of Dy.Secretary is nominated in
each Ministry to ensure compliance of the reservation order issued in
favour of SC/ST/OBC to ensure prompt disposal of grievances and
scrutinize and consolidate statistical data. LOs are also to be nominated in
the offices of Head of the Departments and each attached/subordinate
offices Separate Liaison officer appointed for OBC to look after work
relating to the matters of OBCs.

INSTITUTIONAL SAFEGUARD
One Timebound Promotion Scheme It was decided that special roster should be
maintained for promotion under OTBP. If sufficient number of candidates do not have 16
years experience for promotion to the extent of shortfall will be given promotion even
though they are completing 10 years of service.
In case of BCR, those who are not completing 26 years of service if they are having 17
years of service can be given BCR.
Filling up of vacancies reserved for SC/ST falling in the promotion quota Where
eligible candidates are not available in the feeder cadre for promotion, a committee of
Member of Parliament examine various matters relating to representation of these
candidates in Govt.Services as recommended that wherever substantial back-log
vacancies available, the direct recruitment should be arranged to fill up the reserved
vacancies. Subsequently in the promotion quota for feeder cadre, the candidates will
become eligible for promotion.
Time Bound Promotion to Executives & Non-Executive Promotion Policy.

PROCEDURAL AND MISCELLANEOUS SAFEGUARDS

1.
Administrative inspections It should be ensured that the normal administrative
inspections are carried-out periodically, given an assessment of performance of the office
concerned in the matter strict observance of the orders regarding reservations and in
filling up vacancies.
2.
Provision in Recruitment Rules The recruitment Rules contain separate savings
clause by framing or amending rules, it should be ensured that the interest of persons
belonging to SC/STs are not adversely affected.
3.
Departmental Promotion Committees, Selection Boards and Inclusion of SC/ST &
minority Community Members.
4.

Examination Centres/Interview Boards to be set up in ST concentrated areas.

5.
Where selection is made by interview, the Recruitment Boards should be sent to
place where there is concentration of STs.
6.
Candidates recruited for Group C & D posts to be posted to their nearest native
places.
7.
Training of SC/ST Group A Officers In the cadre of (upto Non-functional
Selection Grade) the training facilities available. The advantages can be taken for
Institutional Training, for attending seminars, symposia and conferences at Lal Bahadur
Shastry National Academy of Administration, Mussoorie, National Police Academy,
Mount Abu/Hyderabad, Indian Institute of Public Administration, New Delhi and the
Administrative College, Hyderabad. Special responsibilities of the immediate superior
to give advise and guidance to the later to improve the quality of their work.
8.
More intensive training should be arranged for directly recruited Group A Officers
by the Head of the Training Institutions wherever necessary alongwith other officers
needing such help.
9.

It would be useful to earmark 25% of seats for SC/ST wherever possible.

10.
Superiors of SC/ST should be asked to take special care regarding on job training
to identify areas where special training is considered necessary including consultation of
DOP&T.
11.
For Training Programmes abroad and seminars and conferences should be
indicated as to which the officers are nominated so that their cases may be duly
considered by the appropriate authorities at the time of selection. Cases should be
considered sympathetically while nominating the officers.

12.
Additional Training & Coaching
13.
Special Training programmes as recommended by Parliamentary Committee on
the welfare of SC/STs, the Ministries should draw special training programmes including
inservice training programmes.
14.
Updated information relating to SC/ST who are given pre-recruitment t&
inservice training should be maintained to make the same available to the Parliamentary
Committee on the Welfare of SC/ST whenever required.
15.

Forwarding of applications for appointment elsewhere.

16.
Retrenchment of employees normally not to be retrenched so that the
prescribed percentage of reservation can be maintained. If enforced, the retrenchment
should be in the reverse order of their seniority in each category namely
Temporary/Permanent.
17.
Surrender of surplus staff should not be included so long as total percentage of
reservation has not reached.
18.
Intimation to pre-examination training centre about recruitment examinations To
increase the employment potential, in advance pre-examination training centres, actual
date of examination, number of reserved vacancies and the syllabus for the standard of
the examination should be indicated in advance
19.
Selection of persons for posts abroad Whenever a Ministry/Department makes
selection of persons for posting in its units located in a foreign country it should see that
eligible employees are also considered alongwith others for such posting.
20.

No harassment or discrimination on the grounds of social origin

21.
Harassment and discrimination in placement/posting of SC/ST Officers to be
avoided.
22.
Practice of un-touchability to be viewed seriously. (Untouchability (Offences) Act
1955).
23.
Effectiveness in the development and protection of SC/STs to be indicated in
confidential reports.
(a)
(b)

(d)

Attitude towards SC and/or ST

Sensitivity to Social Justice
Ability to take quick and effective action to prevent and quell atrocities and
ensure justice to SC and/or ST
Effectiveness in bringing about the development of SC/STs.

24.
25.

Terms SC/ST only to be used in all official matters and not Harijan/Girijan.
SC/ST employees may write directly to National Commission for SC/ST.