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

No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training


North Block
New Delhi- 110001.

Dated the 10th August, 2010.

OFFICE MEMORANDUM

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

The undersigned is directed to refer to this Departments O.M.No.36028/17/2001-Estt. (Res.) dated 11th July, 2002 which clarified that SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No.36028/17/2001-Estt. (Res.) dated 31.1 .2005 that the above referred O.M. took effect from 11.07.2002 and that concept of own merit did not apply to the promotions made by non-selection method.

2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005 [S. Ka√Ćugasalamoorthy v/s. Union of India & Others] has set aside the O.M. No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority, the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UO1 v/s.S. Kalugasalamoorthy [WP No.15926/2007) has upheld the decision of the Central Administrative Tribunal.

3. The matter has been examined in the light of the above referred judgments and it has been decided to with draw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It s clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.

4. These instructions may he brought to the notice of all concerned.

sd/-
(K.G. Verma)
Director

Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_45_2005-Estt.Res-10082010.pdf]

Comments

Sat Kant said…
Any educated person from our educated society can say that in recent past 50 years India has not achieved an image as reservation free India, it shows that reservation policy need to be vetted again so that no one should be deprived of social justice. Now, a days we talk about globalization but on point of reservation we became silent. Frankly speaking now a days our society have only two cast first is the poor and another is the rich. As far as I am concern, govt should offer everything to those people free of cost (i.e. study, application, training, accomodation, food etc.) but not on the cost of compromising quality means no reservation in services which means to service public.
unnikrishnan said…
The OM states---"It s clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster,"..What is the meaning of 'relaxation of qualifications'.For promotion exams, there is relaxation in percentage of marks, for physical standards there is relaxation--whether all these also will be construed as relaxation,even if the seniority is there.ie.zone extention is not needed to come up for consideration..It would have been better,if such nuances are clearly spelt out in such 'clarificatory'orders/instructions..Will go a long way for 'avoidable litigations'-an avowed objective of the GOi.unnikrishnan

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