RESERVATION IN SERVICE

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

How we are governed

Constitutional Provisions Acts of Parliament Statutory Rules General Guidelines

ARTICLE 16 of CoI Clause 1 There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state Clause 2 No citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of any employment or office under the state

ARTICLE 16 of CoI

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

ARTICLE 16 of CoI

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

Reservation in Promotion

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

ARTICLE 16 of CoI

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

All India Basis Open Competition

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

All-India basis otherwise than open competition

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

Local or Regional Recruitment

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

Scope and Applicability of RIS

1.

2.
3. 4.

5.
6.

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

Exemptions and Exclusions

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

Exemptions and Exclusions

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

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

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

Reservation In Service Principles For Preparation Of Roster

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

Mode of Recruitment - Examples

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

competition.
Regional recruitment.

Mode of Recruitment - Examples

Promotion. Non-selection. Selection-cum-seniority.

Selection by merit.
L.D.C.E.

Example: Section Officer (Central Secretariat Service)

Grade

Method of Recruitment

Mode of Recruitment

Section 80% by Officer Promotion

40% by 40% by Limited nonDepartmental selection Competitive Examination 20% by Direct All India Basis Open Recruitment Competition

No. of Rosters = 3

Principles

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

Percentage
Mode of Recruitment Per Centage

SC
AIBOC Otherwise Than AIBOC Regional Rectt. 15

ST
7.5

OBC
27

16-2/3

7.5

25.83

According to proportion of population 15 7.5 Ni.

Promotion In all the cases Uniform percentage

Lets take a break and do this

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

Steps for Preparing a Roster

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

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

Dealing With Clash in the Middle of Roster Between Two Communities

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

Dealing With Clash in the Middle of Roster Between Two Communities

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

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

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

Dealing With Clash in the Middle of the Roster Between Two Communities
Shift the other community to the subsequent point If there is a clash in the subsequent post also, earmark the post to the community which is brought forward from the previous post. Shift the third community to the next post. (Point no. 15, 41 etc.)

Clash Among Three Communities

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

Clash Among Three Communities

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

Clash Among Three Communities

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

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

Clash When Two Communities Have the Same Per Centage SC, ST and OBC in that order. This was the order in which reservation was introduced In the old 200 pt.; 40 Pt.; and 120 Pt. Also this was the sequence followed. (Regional roster for Madhya Pradesh SCs 15%; ST 20%; OBC 15%)

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

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

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

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

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

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

Order of Preference to Resolve Clash

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

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

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

Initial Operation

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

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

Carry Forward and Exchange(2)

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

Carry Forward and Exchange Procedure in Group A Service

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

Carry Forward and Exchange Procedure in case of Promotion

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

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

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

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

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

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

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