RESERVATION IN SERVICES

NOTES AND QUIZZZES BY

BISWAJIT BANERJEE,

UNDER SECRETARY (TRAINING), DOPT

& EX-FACULTY, ISTM
 RESERVATION IN SERVICES

INTRODUCTION

In order to understand the very gamut of reservation registers and rosters, we have to approach the
subject from an interdisciplinary perspective. The detailed provisions regarding the quantum and
the applicability of reservation in appointment or posts are governed by the orders issued from
time to time by the Department of Personnel and Training. The applicability of reservation
rosters for a particular post is dependent on the method of recruitment prescribed for the
post in the recruitment rules.

So before we embark upon the journey of exploring reservation registers and rosters, we must
understand the various methods of recruitment afnd the different modes of promotion.

METHODS OF RECRUITMENT

Recruitment Rules should be framed for every post that is likely to last for more than a year.
Recruitment rules for a post contains various details about the post such as the name of the post,
the number of the post, the scale of pay, the method of recruitment to be adopted for recruitment
to that post and other relevant details.

The various methods of recruitment adopted in the central government and for that purpose in most
of the state governments are listed below:

1. Deputation
2. Absorption
3. Short-Term Contract
4. Re-employment
5. Direct Recruitment
6. Promotion

It must be understood that reservations apply only to 2 of the aforesaid methods, namely, direct
recruitment and promotion.

QUIZ ONE

Mark the following sentences as True or False:

1. Appointment by deputation is for an indefinite period.

2. When a person is absorbed, he or she is appointed for a limited time and has to go back to
his parent cadre at the expiry of the term.
3. In re-employment, a person who has retired on superannuation is appointed to the same
post for a short period.
4. The method of recruitment called short-term contract is resorted to to get the services of
employee of non-governmental organisations.
DIRECT RECRUITMENT

In the method of recruitment called direct recruitment, persons are recruited from the open market.
This method is usually executed by holding a written test or by interview or by both. There are
various recruiting agencies such as Union Public Service Commission (UPSC), Staff Selection
Commission (SSC), and State Service Commissions.

For certain posts, Department undertakes recruitment directly.

For the purpose of reservation, direct recruitment may be categorised into three types:

(a) on All-India basis by open competition and;

(b) on All-India basis otherwise than open competition;
(c) Recruitment to Group ‘C’ and ‘D’ posts which normally attract candidates from a locality
or a region.

ALL INDIA BASIS BY OPEN COMPETITION

Any recruitment through UPSC or by means of written examination by SSC or any other authority
falls in this category. Understandably, as long as SSC or for that matter some other authority holds
a written competitive examination, it is called All India Basis by Open Competition. But if UPSC
undertakes recruitment without a written competitive examination i.e. by interview alone, even
then it falls in the category of All India Basis by Open Competition.

It may be noted that this exception is only for UPSC and not for other recruiting agencies.

ALL INDIA BASIS OTHERWISE THAN OPEN COMPETITION

A recruitment by any authority other than UPSC, by not conducting a written competitive test is
called All India Basis Otherwise than Open Competition. For instance, if SSC holds a recruitment
by not holding a written competitive examination, say by interview, it will fall in the category of
All India Basis Otherwise Than Open Competition.

QUIZ TWO

Categorise the following methods of recruitment as All India Basis by Open Competition or All
India Basis Otherwise than Open Competition:

1. A State government insurance company undertakes recruitment for fifty posts of Junior
Insurance Officers by written examination.
2. UPSC undertakes recruitment to the post of Senior Space Analyst in a space research
agency on the basis of interview alone.
3. SSC undertakes recruitment to the post of Junior Analyst in the Ministry of Agriculture
and Farmers’ Welfare on the basis of interview alone.
 4. Department of Legal Affairs of the State government makes recruitment to the post of
Junior Stenographer on the basis of a written competitive examination followed by an
interview.

LOCAL OR REGIONAL RECRUITMENT

Usually, recruitment is to group C posts are made under this method of recruitment. Except in
Delhi, reservation for the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward
Classes (OBCs) in case of direct recruitment to Group C and Group D posts attracting candidates
from a locality or a region is fixed on the basis of proportion of their population in the respective
States or union territories. Reservation for other backward classes in such cases is fixed keeping
in view the proportion of their population in the concerned state or union territory subject to a
maximum of 27%. It should also be kept in mind that the total reservation for SCs, STs, and OBCs
should not exceed 50%.

PROMOTION

It has already been mentioned that reservation is also applicable to promotion. In the process of
promotion, an officer holding a post is eligible for appointment to the next higher post in the
hierarchy subject to fulfilment of eligibility conditions such as completion of certain numbers of
years of regular service prescribed in the recruitment rules for the post.

Promotion can be roughly categorised into three modes depending on whether it is predominantly
by performance (merit) or by seniority or whether it is a mixture of performance and seniority. The
three modes are:

1. Departmental examination (predominantly by merit);

2. Non-Selection, also called seniority-cum-fitness (predominantly by seniority);
3. Selection (both seniority and merit)

In order to understand the methods of promotion as mentioned above, it is of crucial importance

to first make sense of two expressions, namely Zone of Consideration (ZOC), and Benchmark.

ZONE OF CONSIDERATION (ZOC)

Quite understandably, for a given number of vacancies in the promotional grade, not all eligible
persons in the feeder grade will be eligible. The zone of consideration decides which persons in
the feeder grade will be considered for promotion. In other words, only those persons in the feeder
grade who fall within the zone of consideration will be considered for promotion.

ZOC FOR ONE VACANCY

For one vacancy, the ZOC will be five. This means only the first five persons in the seniority list
will be considered by the Departmental Promotion Committee (DPC). So, if the officer holding
the six position in terms of serial number in the seniority list of the feeder grade meets all the
eligibility conditions, he or she will not be considered by the DPC.
ZOC FOR VACANCIES NUMBERING FROM 2 TO 10

The zone of consideration for vacancies numbering from 2 to 10 is twice the number of vacancies
plus four.

So if there are six vacancies, the zone of consideration will be (6x2) + 4 = 16.

ZOC FOR MORE THAN 10 VACANCIES

For more than 10 vacancies, the zone of consideration will be one and a half times the number of
vacancies, rounded off to the next higher integer plus three. But this shall not be less than the size
of zone of consideration for 10 vacancies.

So, if there are 14 vacancies, the zone of consideration will be calculated as given below:

14 x 1.5 = 21

21 is already an integer and therefore there is no need to round it off to the next higher integer.

Zone of consideration = 21 + 3 = 24

EXTENDED ZONE OF CONSIDERATION

It is not necessary that sufficient number of SCs and STs will be available within the normal zone
of consideration to meet the requirements of filling up vacancies by reservation. Under such
circumstances, the normal zone of consideration will be extended to 5 times the vacancy to get
required number of SCs and STs.

Notably, the general candidates in the extended zone of consideration will not be considered.

QUIZ THREE

1. What will be the zone of consideration and extended zone of consideration for the
following number of vacancies:

(a) 16 (b) 19 (c) 159 (d) 130 (e) 1 (f) 2 (g) 11 (h) 9 (i) 109

2. In a university, there are 5 vacancies in the grade of Deputy Registrar. In the feeder grade
of Assistant Registrars, there are 19 persons who meet the eligibility conditions for
promotion. The Departmental Promotion Committee considered all the 19 officers from
the grade of Assistant Registrars for promotion to the post of Deputy Registrar. Explain
with reasons if the action of the DPC is correct. Your narrative must be in the shape of a
note explaining the reasons for your conclusion.

BENCH MARK
For the purposes of promotion, a Departmental Promotion Committee assesses the performance of
the officers of the feeder grade with the help of their Annual Performance Appraisal Reports or
APARs for short. You may be aware that the Annual Confidential Reports which are now referred
to as Annual Performance Appraisal Reports categorises a government servant into one of the
following:

1. Outstanding;
2. Very Good;
3. Good;
4. Average;
5. Not yet Fit or Poor

The benchmark with regard to promotion would mean the minimum standard of performance an
officer in the feeder grade must possess for becoming eligible for promotion.

For instance, if the benchmark prescribed for a promotion post is very good, then the DPC will
decide the suitability of a person from the feeder grade for promotion by considering the
benchmark that has been prescribed for the promotion post. If somebody meets the benchmark,
the DPC will judge him or her as fit. If somebody does not meet the benchmark, the DPC will
judge him or her as.

Therefore, only those persons who are assessed as very good or outstanding can be promoted to
the higher post. This would mean, the officers who failed to meet the benchmark, i.e. who have
good or average benchmarks, cannot be promoted.

The benchmark prescribed for a post can be either very good or good depending upon the level of
the post. As a general rule, for promotions up to the post with grade pay Rs. 6600/- (as per Sixth
Pay Commission norms), the benchmark will be good; and for promotions for posts with grade
pay of Rs. 7600/- (as per Sixth Pay Commission norms), the benchmark will be very good.

It is important to mention that there shall be no supersession in promotion amongst those who are
found fit. In other words, the inter-se-seniority of the officers who find place in the panel for
promotion after being found fit will remain the same.

LIMITED DEPARTMENTAL EXAMINATION

Limited Departmental Competitive Examination or LDCE is a method of promotion in which the

members of the feeder grade who meet the eligibility conditions sit for an examination and
depending upon their performance in that examination, their promotion to the next higher grade
and their seniority in the next higher grade are decided.

The seniority of these officers taking the examination in the feeder grade plays no role in this
method of promotion.