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OFFICE MEMORANDUM


Reservation for SCs, STs, OBCs, PwDs and EWS in Posts and Services in the Central Government

Establishment (Reservation) Division of the Department of Personnel and Training has issued various instructions, from time to time, regarding reservation in appointments to posts and services under the Central Government, and concessions/relaxations  extended to the persons belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Persons with Disabilities (PwDs), Economically Weaker Sections (EWSs) and Ex-servicemen. With a view to facilitating easy accessibility and clear understanding  of these rules on reservation/concessions/relaxations, the relevant instructions on the subject (except Ex-servicemen) have been consolidated, as under:

 

1. PROVISIONS RELATING TO SCs, STs AND OBCs

 

 

 

 

 

A. RESERVATION IN DIRECT RECRUITMENT AND PROMOTION

 

 

1.     Reservation in Direct Recruitment (in open competition and otherwise than by open competition)

 

Reservation is provided to the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes @ 15%, 7.5% and 27%, respectively, in the matter of appointment by direct recruitment to civil posts and civil services on all India basis by open competition.

 

In the matter of appointment by direct recruitment to civil posts and civil services on all India basis otherwise than by open competition, reservation is provided to the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes @ 16.66%, 7.5% and 25.84% , respectively.

 

No. 36011/33/1981-Estt.(SCT) dated 5/10/1981

No. 36012/22/93-Estt.(SCT) dated 8/09/1993

No. 36012/22/93-Estt.(SCT) dated 22/10/1993

No. 36012/2/1996 Estt (Res) dated 2/07/1997

 

 

2.     Reservation in Direct Recruitment in Group C&D attracting local candidates

 

Reservation for the Scheduled Castes and Scheduled Tribes in case of direct recruitment to Group C and Group D posts, normally attracting candidates from a locality or a region, was fixed on the basis of proportion of their population in the respective States/UTs, vide OMs, dated 5.7.2005,  4.7.2007, as under:

 

Sl.No.

Name of the State/UT

Percentage of Reservation

Scheduled Castes

Scheduled Tribes

Other Backward Classes

(1)

(2)

(3)

(4)

(5)

01

Andhra Pradesh

16

7

27

02

Arunachal Pradesh

1

45

0

03

Assam

7

12

27

04

Bihar

16

1

27

05

Chhattisgarh

12

32

6

06

Goa

2

12

18

07

Gujarat

7

15

27

08

Haryana

19

0

27

09

Himachal Pradesh

25

4

20

10

Jammu & Kashmir

8

11

27

11

Jharkhand

12

26

12

12

Karnataka

16

7

27

13

Kerala

10

1

27

14

Madhya Pradesh

15

20

15

15

Maharashtra

10

9

27

16

Manipur

3

34

13

17

Meghalaya

1

44

5

18

Mizoram

0

45

5

19

Nagaland

0

45

0

20

Orissa

16

22

12

21

Punjab

29

0

21

22

Rajasthan

17

13

20

23

Sikkim

5

21

24

24

Tamil Nadu

19

1

27

25

Tripura

17

31

2

26

Uttaranchal

18

3

13

27

Uttar Pradesh

21

1

27

28

West Bengal

23

5

22

29

Andaman & Nicobar Islands

0

8

27

30

Chandigarh

18

0

27

31

Dadra & Nagar Haveli

2

43

5

32

Daman & Diu

3

9

27

33

Delhi

15

7.5

27

34

Lakshadweep

0

45

0

35

Pondicherry

16

0

27

 

 

(OM.No. 36017/1/2004-Estt(Res) dated 5/07/2005)

(OM No. 36017/1/2007-Estt(Res) dated 4/07/2007)

 

 

Note : The expression 'by open competition' means all recruitments by Union Public Service Commission (UPSC), whether through written examination or by interview or by both; and recruitments made by other authorities, including Staff Selection Commission, or any other appointing authority through written competitive examination or tests (but not by interview alone). Any recruitment not made by the UPSC or not made through written competitive test held by any other authority would mean direct recruitment otherwise than by open competition.

 

(OM No. 36034/2/2013-Estt(Res) dated 8/04/2013)

3.     Exclusion of Creamy Layer from amongst OBCs:

 

Members of the Other Backward Classes, who fall in creamy layer, shall not get the benefit of reservation.  Criterion for determining creamy layer status amongst Other Backward Classes is, as under:

 

CRITERION FOR DETERMINING CREAMY LAYER

[O.M.No.36012/22/93-Estt(SCT) dated 08/09/1993 as amended from time to time]

 

Category

Description of Category

Who will fall in Creamy Layer

1.

2

3

I.

CONSTITUTIONAL POSTS

Son(s) and daughter(s) of

  1. President of India;
  2. Vice President of India;
  3. Judges of the Supreme Court and of the High Courts;
  4. Chairman & Members of UPSC and of the State Public Service Commission; Chief Election Commissioner; Comptroller & Auditor General of India;
  5. Persons holding Constitutional positions of like nature.

II.

SERVICE CATEGORY

  1. Group A / Class I officers of the All India Central and State Services (Direct Recruits)

 

 

Sons(s) and daughter(s) of

  1. parents, both of whom are Class I officers;
  2. parents, either of whom is a Class I officer;
  3. parents, both of whom are Class I officers, but one of them dies or suffers permanent incapacitation.
  4. Parents, either of whom is a Class I officers and such parent dies or suffers permanent incapacitation 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.
  5. Parents, both of whom are Class I officers die or suffer permanent incapacitation and before such death or such incapacitation of the both, 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.

Provided that the rule of exclusion shall not apply in the following cases:

  1. Sons and daughters of parents either of whom or both of whom are Class I officers and such parent(s) dies / die or suffer permanent incapacitation.
  2. A lady belonging to OBC category has got married to a Class I officer, and may herself like to apply for a job.

 

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

Son(s) and daughter(s) of

  1. Parents both of whom are Class II officers.
  2. parents of whom only the husband is a Class II officers and he gets into Class I at the age of 40 or earlier.
  3. Parents, both of whom are Class II officers and one of them dies or suffers permanent incapacitation and either one 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 such death or permanent incapacitation;
  4. Parents of whom the husband is a Class I officer (direct recruit or pre-forty promoted) and the wife is a Class II officers and the wife dies; or suffers permanent incapacitation; and
  5. Parents, of whom the wife is a Class I officer ( Direct Recruit or pre-forty promoted) and the husband is  a Class II officer and the husband dies or suffers  permanent incapacitation

Provided that the rule of exclusion shall not apply in the following cases:

Sons and daughters of

  1. Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation.
  2. Parents, both of whom are Class II 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.

 

  1. Employees in Public Sector Undertakings etc.

The criteria enumerated in A&B above in this Category will apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities, etc. and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category VI below will apply to the officers in these Institutions.

III.

ARMED FORCES INCLUDING PARAMILITARY FORCES

(Persons holding civil posts are not included)

Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and the Air Force and the Para Military Forces;

Provided that :-

  1. If the wife of an Armed Forces Officers is herself 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;
  2. The service ranks below Colonel of husband and wife shall not be clubbed together;

(iii) If the wife of an officer in the Armed Forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No.II in which case the criteria and conditions enumerated therein will apply to her independently.

IV

PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY

  1. Persons, engaged in profession as a ‘doctor, lawyer, chartered accountant, Income Tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artists and other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status.
  2. Persons engaged in trade, business and industry.

 

 

Criteria specified against Category VI will apply:-

 

 

 

 

 

 

 

 

 

 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 of the husband’s income.

ii.   If the wife is in any 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 of the wife’s income and the husband’s income will not be clubbed with it.

 

V.

PROPERTY OWNERS

  1. Agricultural holdings

 

Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns

  1. Only irrigated land which is equal to or more than 85% of the statutory area, or
  2. Both irrigated and unirrigated land, as follows:-
  1. The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator) 40% or more of the statutory  ceiling limit for irrigated land (this being calculated by excluding the unirrigated portion).  If this pre condition of not less than 40% exists, then only the area of unirrigated land will be taken into account.  This will be done by converting the unirrigated land on the basis of the conversion formula existing, into the irrigated type.  The irrigated area so computed from unirrigated land shall be added to the actual area of irrigated land and if after such clubbing together the total area in terms of irrigated land is 85% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlement will occur.
  2. The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.

 

  1. Plantations
  1. Coffee, tea, rubber, etc.

 

 

  1. Mango, citrus, apply plantations etc.

 

Criteria of income / wealth specified in Category VI below will apply.

 

Deemed as agricultural holding and hence criteria at A above under this Category will apply.

 

 

  1. Vacant land and / or buildings in urban areas or urban agglomerations

Criteria specified in Category VI below will apply.

Explanation:  Building may be used for residential, industrial or commercial purpose and the like two or more such purposes.

VI.

INCOME / WEALTH TEST

Son(s) and daughter(s) of

  1. Persons having gross annual income of Rs. 8 lakh  or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years
  2. 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 which will bring them within the income / 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 rupee will be modified taking into account the change in its value every three years.  If the situation, however, so demands, the interregnum may be less.

 

Further, a clarificatory letter dated 14.10.2004 addressed to the Secretaries of all States/UTs with regard to the aforesaid OM dated 8.9.1993 was also issued.

 

No. 36012/22/93-Estt.(SCT) dated 8.9.1993

Letter No. 36033/5/2004-Estt (Res.) dated 14/10/2004

No. 36033/1/2013-Estt (Res.) dated 13/09/2017

4      Establishment of equivalence of posts in respect of employees of PSUs, Banks, PSICs and PFIs

 

Department of Public Enterprises (DPE) and Department of Financial Services (DFS) vide OM dated 25.10.2017 and 06.12.2017 respectively have issued guidelines establishing equivalence of the posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks (PSBs), Public Sector Insurance Companies (PSICs) and Public Financial Institutions (PFIs) vis-à-vis posts in Central Government, which have been have been circulated by DoPTto the Chief Secretaries of all States/ Union Territories vide OM No. 36033/2/2018-Estt.(Res.) dated 08.06.2018.

 

No. 36033/2/2018-Estt.(Res.) dated 08/06/2018

 

5.     Reservation in Promotion

 

Reservation is provided at 15% and 7.5%  to  Scheduled Castes and the Scheduled Tribes, respectively, (i) in promotions through Limited Departmental Competitive Examination in Group B, C & D (ii) in promotion by selection in Group B, C & D and from Group B to the lowest rung of Group A and (iii) in promotion on the basis of Seniority subject to fitness in all Groups i.e. Group A, B, C & D (in all these cases). Reservation in posts by promotion, as indicated above, should be made applicable to all grades or services, in which the element of direct recruitment, if any, does not exceed 75%.

 

No. 36012/17/88-Estt.(SCT) dated 25/04/1989

 

6.    Spirit of  O.M., dated 12.04.2022, regarding Reservation in Promotion          

 

In pursuance of the Hon’ble Supreme Court judgement, dated 28.1.2022, in Jarnail Singh batch of cases, an OM, dated 12.4.2022, has been issued, as per the opinion of Ld. Attorney General, which mandates the Ministries/Departments to satisfy certain condition before implementing the policy of reservation in promotions. These conditions,  inter alia,  are as follows:  

 

(i) Collection of quantifiable data regarding inadequacy of representation of SCs and STs; (ii)  Application of this data to each cadre separately;(iii)    Maintenance of reservation roster, as per DoPT OM, dated 2.7.1997;(iv) DPC to carefully assess the suitability of officers being considered for promotion to ensure administrative efficiency; (v) The Appointing Authority to ensure that all the conditions laid down in the OM, dated 12.4.2022, are complied with before issuing any promotion order.  Since the Jarnail Singh batch of cases is pending in the Supreme Court of India, any promotion order issued shall be subject to further orders that may be passed by the Supreme Court in the said batch of cases. 

 

(OM No.36012/16/2019-Estt. (Res.) dated 12.4.2022) 

 

 

 

B.    SCOPE OF RESERVATION

 

1.     Reservation in Scientific and Technical Posts

          Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes apply to appointments made to "scientific and technical" posts up to and including the lowest grade of Group A in the respective services.

          Such ‘scientific and technical’ posts as satisfy all the following conditions, can be exempted from the purview of the reservation orders by the Ministries/Departments:

(i)            The posts 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] according to which scientific and technical posts for which qualification in the natural sciences or exact sciences or applied sciences or in technology are prescribed and the incumbents of which have to use that knowledge in the discharge of their duties. 

(iii)        The posts should be 'for conducting research' or 'for organizing, guiding and directing research’.

           Orders of the Minister concerned should be obtained before exempting any posts satisfying the above conditions from the purview of the scheme of reservation.

          Reservation, however, is not applicable to the posts available in the Department of Space & Department of Electronics and with regard to recruitment of trainees to the training school of the Department of Atomic Energy. In respect of them, the orders prior to 1975 will continue to apply.

          In the case of scientific and technical posts required for research up to and inclusive of lowest grade of Group A of a service which are not exempt from the purview of reservation orders, reservation should be provided for Scheduled Castes, Scheduled Tribes and Other Backward Classes as per the scheme of reservations, except that:

  1. reserved vacancies in such posts need be advertised only once and not twice;
  2. In the event of non-availability of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, vacancies in such posts may be de-reserved by the administrative Ministry/Department concerned. However, the National Commission for Scheduled Castes or the National Commission for Scheduled Tribes or the National Commission for Backward Classes, as the case may be, and the Department of Personnel and Training should be informed about the de-reservation together with the details and reasons necessitating de-reservation.

 [O.M.No.9/2/73-Estt(SCT) dated 23/06/1975]

[O.M.No.36012/27/1994-Estt(SCT) dated 13/05/1994]

2.     Reservation in Posts of Industrial Workers

The industrial establishments of the Government of India and the posts and grades in such establishments, whether these have been classified as group A, B, C and D or not, are covered by the scheme of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes.

[O.M.No.8/7/1974-Estt.(SCT) dated 22/08/1975]

 

3.     Reservation in Work-Charged Posts

          The principle of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes should generally be suitably applied to the extent possible, to work-charged posts also except those required for emergencies like flood relief work, accident restoration and relief etc. The percentages of reservation in such appointments may correspond to what is applicable to Group C and Group D posts.

[O.M.No.36021/9/1976-Estt.(SCT) dated 10/02/1977]

 

 

4.     Reservation in Appointments of Daily Rated Staff

 

While it may not be practical to apply the reservation orders in toto in respect of daily rated staff, it should be ensured that persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes are recruited in such manner as their overall representation does not go below the prescribed percentage of reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes respectively.

 

[O.M.No.36011/18/81-Estt.(SCT) dated 16/07/1981]

  

5.     Reservation in Ad-hoc Promotions

         

As a matter of basic approach, ad-hoc promotions should be avoided.  However, if ad-hoc promotions are to be made in exceptional circumstances, such as during pendency of court cases, protracted seniority disputes, non-framing of recruitment rules, unforeseen delay in direct recruitment or convening of DPCs for reasons beyond the control of the appointing authority etc., following guidelines may be followed on every occasion when ad-hoc promotions are resorted to so as to ensure that the claims of eligible officers belonging to Scheduled Castes and Scheduled Tribes are also duly considered:

 

    1. In cases where reservation orders for SCs and STs are applicable, the number of vacancies falling to the share of SCs and STs would be the same if the vacancies were to be filled on regular basis.
    2. Since ad-hoc promotions are made on the basis of non-selection, all the Scheduled Caste/Scheduled Tribe candidates covered in the relevant seniority list within the total number of such vacancies against which ad-hoc promotions are to be made, 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 all be promoted on ad-hoc basis.
    3. 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 ad-hoc appointment. 
    4. All ad-hoc appointees have to be replaced by regular incumbents at the earliest opportunity.  When regular promotions are made subsequently, reversion of the ad-hoc appointees should take place strictly in the reverse order of seniority, the junior-most candidate being reverted first.  No special concessions are to be given to SC/ST candidates at the time of such reversion.
    5. There is no need for maintaining any separate formal register or roster register for ad-hoc promotions.  The concept of de-reservation, carrying forward of reservation etc. will also not be applicable in the case of ad-hoc appointments.  However, a simple register called Ad-hoc Promotions Register may be maintained for different categories of posts for which ad-hoc appointments are made to facilitate a record being kept of the ad-hoc appointments and for ensuring reversion in the proper order on regular promotions being made to the posts in question.

[No. 36011/14/83-Estt.(SCT) dated 30/04/1983]

[O.M.No.36012/27/2000-Estt.(Res) 15/03/2002]

 

6.     Reservation in case of a Single Vacancy

         

The concept of reservation in single vacancy has been clarified vide OM No. 1/9/74-Estt. SCT dated 29.4.1975. The OM dated 29.4.1975 provides that in cases where only one vacancy occurs in the initial recruitment year and the corresponding roster point happens to be for a Scheduled Caste and Scheduled Tribes, it should be treated as unreserved and filled accordingly and the reservation carried forward to subsequent three recruitment years. In the subsequent year(s), even if there is only one vacancy, it should be treated as “Reserved” against the carried-forward reservation form the initial recruitment year and a Scheduled Caste/Scheduled Tribes candidate, if available, should be appointed against that vacancy, although it may happen to be the only vacancy in that recruitment year(s). For instance, if a single vacancy arises in the initial recruitment year 1975, and it falls at a reserved point in the roster, it will be treated as ‘unreserved’ and filled accordingly in that year but the reservation would be carried-forward to subsequent recruitment year(s). In the first subsequent year, i.e. 1976, if, again a single vacancy occurs, then it should be treated as reserved against the reservation carried-forward from 1975, and a Scheduled Caste/Scheduled Tribes candidate, as the case may be, should be appointed against that vacancy, in spite of the fact that the vacancy happens to be the only vacancy in that recruitment year. In the event of a Scheduled Caste/Scheduled Tribes candidate not being available to fill the reserved vacancy in 1976, the reservation would be further carried-forward to 1977 and 1978, when also a single vacancy, if any, arising in those years should be treated as “reserved” against the carried-forward reservation, whereafter, the reservation will lapse. The year in which no vacancy arises will be ignored for counting the effective years towards the period of carry-forward.

 

          If a single vacancy falls at a reserved point for SC/ST and is filled by SC/ST candidate on the basis of own merit or seniority, it need not be treated as unreserved and reservation should not be carried forward. Further, if a single vacancy falls at a reserved point for SC/ST and is filled by a candidate of the other reserved community on the basis of his own merit or seniority, as the case may be, the vacancies will be treated as unreserved and treated as if it is filled by a general category candidate and the vacancy shall also be carried forward. 

  

[1/9/74Estt.(SCT) dated 29/04/1975]

[36011/39/81-Estt.(SCT) dated 30/11/1981]

 

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 I 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.

 

        In cadres having 13 or less number of posts where 14 point L-shaped roster 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.

 

(OM No. 36012/17/2002 Estt.(Res) dated 06/11/2003)

 

NOTE: For dereservation of vacancy, instructions issued vide OM No. 3602012/2007-Estt(Res) dated 7/12/2009 may be referred, which was issued after 2.7.1997 when the instructions for introduction of post based reservation roster was issued vide OM No. 36012/2/96-Estt (Res.) dated 02/07/1997

 

7.     Reservation in PSUs, Autonomous Bodies etc

         

Instructions contained in this Compendium relate to reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in posts/services under the Government of India.  The Public Sector Undertakings, Statutory and Semi-Government Bodies, Autonomous Bodies/Institutions, including Municipal Corporations, Cooperative Institutions, Universities etc. under the control of the Government, may make reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in their services on the lines of the reservations in services under Government. The Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises may arrange for issue of suitable directives to the various public sector undertakings, through the administrative Ministries concerned for making reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in their services.  The Ministries/Departments should take suitable action to provide for reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the services of the autonomous bodies/institutions which are receiving grants-in-aid from the Government of India by making suitable provision in the relevant statutes or in the Articles of Association of the respective bodies.

 [O.M.No.39/40/74(SCT)(I) dated 30/09/1974 ]

8.     Reservation in Voluntary Agencies

    

The Ministries/Departments should insist as a pre-condition to the sanction of grants-in-aid from Central Government to a non-Government organizations/ voluntary agency etc. that it shall provide reservation to the extent of 15% to SCs, 7.5% to STs and 27% to OBCs in case of direct recruitment on all India basis and as shown in the table under in case of direct recruitment to posts normally attracting candidates from a locality or region where:

 

    1. The recipient body employs more than 20 persons on a regular basis and at least 50 percent of its recurring expenditure is met from grants-in-aid from the Central Government; and
    2. The body is a registered society or a cooperative institution and is in receipt of a general purpose annual grants-in-aid of Rs.2lakh and above from the Consolidated Fund of India.

 

A clause providing for reservations in the services under the voluntary agencies should be included in the terms and conditions under which such voluntary agencies /organizations etc. are given grants-in-aid by Government, somewhat on the following lines:

 

“………..(Name of Organization/ Agency etc.) agrees to make reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the posts/services under its control on the lines indicated by the Government of India.”

 

While sanctioning grants-in-aid to various voluntary agencies the progress made by such agencies in employing Scheduled Caste, Scheduled Tribe and Other Backward Class candidates in their services should be kept in view by the administrative Ministries/Departments. The voluntary agencies etc. should be informed that the progress in respect to the employment by them of Scheduled Castes, Scheduled Tribes and OBCs in the services under them would be taken into account by Government while sanctioning future grants-in-aid to them.

 

[O.M.No.27/12/73-Estt.SCT) dated 7/10/1974]

 

9.     Reservation in temporary appointments lasting for 45 days or more

 

There shall be reservation for Scheduled Caste/Scheduled Tribe/ Other Backward Class candidates in temporary appointments which are to last for 45 days or more.

 

 

[27/4/67(II)-Estt.(SCT) dated 24/09/1968]

[36036/3/2018-Estt.(Res.) dated 15/05/2018]

 

 

 

 

C.  RELAXATIONS AND CONCESSIONS

 

1.     Concession in Promotions within Group A

 

          There is no reservation in case of promotion by ‘selection’ from a Group A post to another Group A post.  But when promotion by ‘selection’ is made from a Group A post to a Group A post carrying Grade pay of Rs.8700/- or less, the Scheduled Caste and 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. Their position in the select list would, however, be same as assigned to them by the Departmental Promotion Committee on the basis of their record of service.

 

[O.M No. 36028/8/2009-Estt(Res) dt.7/06/2013]

 

2.     Consideration for Appointment by Deputation and Absorption

 

Reservations do not apply to posts filled by deputation or absorption, but whenever a Ministry/Department/Attached Office/Subordinate Office etc. proposes to depute, in public interest, officers serving under them, to a post in or under another Ministry/Department etc., the Scheduled Caste/Scheduled Tribe employees serving under them, who are eligible to be sent on deputation should also be considered, along with other eligible employees for such deputation. The Ministries/Departments, under whose control the posts to be filled by deputation or absorption arise, should also, while selecting persons for such post(s), duly consider the cases of eligible Scheduled Caste and Scheduled Tribe employees whose names have been forwarded, for appointment on deputation or absorption to those posts. Where the number of posts to be filled on deputation or absorption by any employing Ministry or Office is fairly substantial, the employing Ministry/Head of Office concerned should endeavor to see that a fair proportion of such posts is filled by employees belonging to Scheduled Castes/Scheduled Tribes, subject of course, to availability, from the feeder categories, of qualified persons belonging to these communities.

 

[DP&AR OM No. 36021/6/75-Estt(SCT), dt. 9/10/1975]

[DP&AR O.M No36012/7/77-Estt (SCT) dt. 21/01/1978]

 

3.     Age Relaxation in Direct Recruitment

 

The maximum age-limit prescribed for direct recruitment to a service or post shall be increased by 5 years in the case of candidates belonging to Scheduled Castes and Scheduled Tribes and by 3 years in the case of candidates belonging to OBCs.

 

[MHA No.15/1/55-SCT dt.30/04/1955]

[OM No. 43013/2/95-Estt(SCT), dt. 25/01/1995]

 

 

 

4.     Age Relaxation in Promotion

 

Where an upper age-limit not exceeding 50 years is prescribed for promotion to a service/post, it shall be relaxed by 5 years in the case of candidates belonging to Scheduled Castes and Scheduled Tribes. This, however, would not apply to posts which have arduous field duties or are meant for operational safety and to posts in para-Military Organizations.

 

[O.M No. 21/9/70-Estt(SCT), dt.8/12/1971]

 

5.     Concession in Fee

 

The candidates belonging to Scheduled Castes and Scheduled Tribes will not be required to pay any fees for admission to any recruitment examination/selection.

 

[O.M No. 36011/3/84-Estt(SCT) dt. 1/07/1985]

 

6.     Relaxation of Experience Qualification for SCs and STs in Direct Recruitment

 

Where some period of experience is prescribed as an essential qualification for direct recruitment to a post, and where, in the opinion of the Ministry/Department concerned, the relaxation of the experience qualification will not be inconsistent with efficiency, a provision should be inserted under the ‘Essential Qualification’ in the relevant Recruitment Rules as at (a) or (b) below to enable the Union Public Service Commission/competent authority to relax the ‘experience' qualification in the case of Scheduled Caste/Scheduled Tribe candidates in the circumstances mentioned in the provisions:-

 

  1. Where the post is filled by direct recruitment through the Union Public Service Commission, the provision to be inserted will be:

 

“The qualification regarding experience is relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes or Scheduled Tribes, if at any stage of selection, the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them. The appointing authority shall record the reasons for relaxing the qualifications regarding experience in writing while doing so."

 

  1. Where  the  post  is   filled  by  direct   recruitment  otherwise  than through the   Union Public Service Commission, the provision to be inserted will be:              

       “The qualification regarding experience is relaxable at the discretion of the competent authority in the case of candidates belonging to the Scheduled Castes or Scheduled Tribes, if at any stage of selection the competent authority is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available

to fill up the vacancies reserved for them. The appointing authority shall record the reasons for relaxing the qualifications regarding experience in writing while doing so."

 

When any vacancies reserved for Scheduled Castes and Scheduled Tribes are advertised or intimated to the Employment Exchange, it should be specifically mentioned in the advertisement/requisition that the period of experience prescribed is relaxable, at the discretion of the Union Public Service Commission or the competent authority, as the case may be, in the case of Scheduled Caste/Scheduled Tribe candidates as provided in the Recruitment Rules.  This is intended to ensure that the aspirants who may fall slightly short of the requisite experience may know about the possibility of relaxation in their regard.

 

[DP&AR O.M No.27/10/71-Estt (SCT) dt. 5/09/1975]

 

7.     Relaxation of Standard of Suitability in Direct Recruitment

 

In direct recruitment whether by examination or otherwise, if sufficient number of Scheduled Caste/Scheduled Tribe/Other Backward Class candidates are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to these communities should be selected to fill up the remaining vacancies reserved for them, provided they are not found unfit for such post or posts.  Thus, to the extent the number of vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes cannot be filled on the basis of general standard, candidates belonging to these communities will be taken by relaxed standard to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the post/posts in question.

  

[MHA O.M No. 1/1/70-Estt (SCT), 25/07/1970]

 

In addition to the concession referred to above, in cases where the requisite number of Scheduled Caste/Scheduled Tribe/Other Backward Class 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/posts required to be filled by direct recruitment otherwise than by written examination, the selecting authorities should, to the extent of the vacancies reserved for Scheduled Castes/Scheduled Tribe/Other Backward Class, select for appointment the best among the Scheduled Caste/Scheduled Tribe/Other Backward Class candidates who fulfill the minimum educational qualifications laid down in the notice for recruitment of advertisement.  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.  The in-service training will be provided by the appointing authorities within their own offices.  Such candidates will, on their appointment, be placed on probation and the rules/orders regarding probation will apply to them.

 

Ministries /Departments should instruct all authorities under them to prepare a list of non-technical and quasi-technical posts in Group C and D to which the provisions given above apply. While notifying vacancies in such posts or advertising them, it should be indicated that the posts are non-technical in Group C and D.     

 

(O.M.No 24/7/67(I)-Estt.(SCT) dated 24/09/1968)

 

 

8.     No Relaxation in Educational Qualification