Reservation in promotion

Press Information Bureau 

Government of India

Ministry of Personnel, Public Grievances & Pensions

Reservation in promotion 

Extant instructions of DoPT provide that reservation in promotion by non-selection method is available to SCs and STs in all Groups i.e. Group A, B, C & D. In case of promotion by selection method, reservation is available to SCs and STs upto lowest rung of Group A. There is no reservation in promotion by selection within Group A. Reservation in posts by promotion under the existing scheme is applicable in which the element of direct recruitment, if any, does not exceed 75%. 

In accordance with Supreme Court judgment dated 15.07.2014, results of Limited Departmental Competitive Examination 1996 for Section Officer grade were revised by UPSC. Appellants, who were declared successful in the modified results of SO LDCE 1996, were included in SOSL 1996 by this Department. Later the benefit was extended to similarly placed SC/ST officers who were declared qualified in the modified results of SO LDCE 1996. On their inclusion in SOSL 1996, these officers have become eligible for consideration for promotion to the next grade (Under Secretary) on completion of eight years of approved service in SO grade i.e. they become eligible for consideration in USSL 2004 onwards subject to the size of the zone. A proposal for review of USSLs 2004 and 2005 has been forwarded to UPSC in which these officers have been included in the zone. 

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Shri Ronald Sapa Tlau in the Rajya Sabha today. 

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Reservation in Promotion – Minister replied in Rajya Sabha

The DoPT Minister replied in Parliament, while answering a question about the stand of Central Government on reservation in promotion cases involving Central Government employees as follows…

“The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government. As on 1.1.2013, the representation of SCs and STs was 17.55% and 7.72% respectively.

The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservation in promotion.

In order to provide impediment free reservation in promotion to SCs and STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M.Nagaraj case is under examination.”

Authority: Rajya Sabha Q&A

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Reservation for Minorities

Press Information Bureau 

Government of India

Ministry of Minority Affairs 

Reservation for Minorities 

The Government considered the recommendation of the National Commission for Religious and Lingusitic Minorities (NCRLM) regarding reservation to minority communities. A sub-quota of 4.5% reservation for minority communities as defined under Section 2 (c) of National Commission for Minorities Act, 1992 [viz. Muslims, Christians, Sikhs, Buddhist and Zoroastrians (Parsis)] was carved out of the 27% reservation for the Other Backward Classes (OBCs) in admission to Central Government institutions and in Civil Posts under the Government of India and this was notified by the Government on 22-12-2011 to be effective from 01-01-2012. The Hon’ble High Court of Andhra Pradesh in its judgement dated 28-05-2012 set aside the carving out of a sub-quota of 4.5% reservation to minorities out of the 27% reservation for OBCs. The matter is presently sub-judice in the Hon’ble Supreme Court of India. 

This was stated by Dr. Najma A. Heptulla, the Minister of Minority Affairs in Lok Sabha yesterday. 

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Concessions to Scheduled Castes and Scheduled Tribes in posts filled by Promotion by selection-posts within Group A (Class I).

No.36028/8/2009-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi - 110001
Dated : 7th June, 2013

Office Memorandum

Subject:- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by Promotion by selection-posts within Group A (Class I).

   The undersigned is directed to invite reference to this Department OM No.36028/21/2003-Estt. (Res.) dated 29th January 2004 which provides that in promotion by selection to posts within Group A (Class I) which carry an ultimate salary of Rs.18,300/- per month or less, the Scheduled Caste/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.

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Constitutional Amendment Bill for Reservation in Promotion to SCs and STs.

   The Rajya Sabha on Monday (December 17, 2012) passed the Constitution (One Hundred Seventeenth Amendment) Bill, 2012. The Bill proposes to amend the Article 16 (4A) of the Constitution of India. The existing Article 16(4A) provides for reservation in promotion to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) which are not adequately represented in the Govt. services. The proposed amendment would amend Article 16(4A) in such a manner that it would obviate the need of collection of quantifiable data about adequacy of representation and backwardness of the class for reservation in promotion to the SCs and the STs.

   The Government had introduced a Constitutional Amendment Bill in the Rajya Sabha during the last session so that the SCs and STs may continue to get reservation in promotion as in vogue now.

   As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some of the decisions of the Supreme Court cases such as in Indra Sawhney, Veer Pal Singh Chauhan and S.Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, four Constitutional amendments, namely, 77th,81st, 82nd and 85th amendments were effected.

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Rajya Sabha Passes Constitutional Amendment Bill.

   The Government of India has always been concerned about the welfare of downtrodden especially Scheduled Castes and Scheduled Tribes. As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some decisions of the Supreme Court like in Indra Sawhney, Veer Pal Singh Chauhan and S. Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, the Government had brought four Constitutional amendments, namely, 77th, 81st , 82nd and 85th amendments.

   The latest of such judgments was in M. Nagaraj case in which the Supreme Court has laid down some pre-requisite conditions for providing reservation in promotion. These conditions are, namely, assessing the quantum of representation of SCs, STs, there backwardness and effect on efficiency.

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Reservation in Promotion

   Reservation is available to Scheduled Castes and Scheduled Tribes at the rate of 15% and 7.5%, respectively, in all Groups viz. A, B, C (including erstwhile Group D posts) in case of promotion by non-selection method. In case of promotion by selection method, reservation is available in Group B, C and upto the lowest rung of Group A at the same rates.

   As regards senior posts of Secretary, Additional Secretary and Joint Secretary in the Central Ministries/Departments, these posts are filled on deputation basis under the Central Staffing Scheme except the posts in the Ministry of External Affairs. Reservation does not apply to posts filled on deputation. The officers borrowed from various cadres including the State Cadres, who are empanelled to hold such posts and who give their option for deputation are appointed under the Central Staffing Scheme. Likewise, the posts of Director (not including the posts in Central Secretariat Service) are also filled under the Central Staffing Scheme.

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Reservation in Promotion.

   The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution. Opinion of the Attorney General of India was sought on the proposed bill and he had not opined that the Bill on the Constitutional amendment for reservation of Scheduled Castes/Scheduled Tribes in promotion in the Government jobs was erroneous.

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