Government of India
Ministry of Personnel, P.G. & PensionsDepartment of Personnel & Training
New Delhi, Dated the 7Ih December 2009
Subject :- Revision of the proforma for sending dereservation proposals.
The undersigned is directed to invite attention to this Department's OM. No. 3601 1120179-Estt(SCT) dated 2.11.1979 whereby proformae for sending proposals for deresewation of reserved vacancies were prescribed. In view of the fact that a number of developments like creation of separate National Commissions for the Scheduled Castes and the Scheduled Tribes, replacement of vacancy based rosters by post based rosters, ban on exchange of reservation between SCs and STs have taken place, it has become necessary to modify the said proformae.
2. There is a general ban on dereservation of reserved vacancies in case of direct recruitment. However, in rare and exceptional cases when a vacancy in a Group 'A' sewice cannot be allowed to remain vacant in public interest, the administrative MinistrylDepartment may prepare a proposal for deresewation of the vacancy giving following information:(i) Designation of the post;(ii) Pay scale of the post;(iii) Name of the service to which the post belongs;(iv) Duties and responsibilities attached to the post;(v) Educational and other qualifications prescribed for the post;(vi) Efforts made to fill up the post;(vii) Reasons why it cannot be allowed to remain vacant;(viii) Justification for dereservation; and(ix) Any other relevant information.
3. The administrative Ministry shall consult the National Commission for Scheduled Castes in respect of vacancy reserved for SCs , the National Commission for Scheduled Tribes in respect of vacancy reserved for STs and the National Commission for Backward Classes in respect of vacancy reserved for OBCs. After obtaining the comments of the concerned Commission, the administrative Ministry/Department shall place the proposal alongwith the Commission's comments before a Committee comprising of the Secretaries in the Department of Personnel and Training, the Ministry of Social Justice and Empowerment, and the Ministry/Department under which the recruitment is to be made for consideration and recommendation. The recommendation of the Committee shall be placed before the Minister in charge of the Department of Personnel and Training for taking a final decision. If dereservation of the vacancy is approved, it can be filled as an unreserved vacancy.
4. In case of promotion, if sufficient number of SClST candidates fit for promotion against reserved vacancies are not available, such vacancies may be dereserved and filled by the candidates of other communities. The power to accord approval to dereservation of the reserved vacancies in such cases is delegated to the administrative Ministries and Departments subject to the following conditions:
(i) no candidate belonging to the category for which the vacancy is reserved is available within the zone of consideration or extended zone of consideration or eligible for promotion in the feeder cadre(s) specified in the relevant service I recruitment rules /orders;
(ii) the proposal for dereservation has been seen and concurred in by the Liaison Officer of the Ministry / Department;
(iii) the proposal for dereservation is agreed to at a level not lower than that of Joint Secretary to the Government of India, in the administrative Ministry /Department (proper)concerned; and(iv) in the event of disagreement between the appointing authority and the Liaison Officer, the advice of the Department of Personnel & Training is obtained.
5. Before taking a decision to dereserve a vacancy under the delegated powers, the administrative Ministry I Department shall prepare a proposal in the proforma given in the Annexure and send one copy thereof each to the Department of Personnel & Training and the National Commission for Scheduled Castes in respect of vacancies reserved for SCs and to the National Commission for Scheduled Tribes in respect of vacancies reserved for STs. After sending the proposal, the Ministry / Department shall wait for a period of atleast two weeks for the comments of the Department of Personnel & Training and the concerned National Commission. If no comments are received from this Department or the concerned Commission within two weeks, the administrative Ministry I Department may presume that this Department or the concerned National Commission, as the case may be, do not have any comments to offer and may take a decision regarding dereservation of the vacancy. In case the Ministry / Department receives comments from this Department or the concernedCommission within two weeks, the comments so received shall be considered whiletaking a decision in the matter.
6. Following points should be kept in view while sending the copy of the proposalto the Commissions / Department of Personnel & Training:
(i) 'cadre strength' with reference to reservation means the number of posts in the grade which are to be filled by a particular mode of recruitment in terms of the recruitment rules. If in a grade having 200 posts, 40 per cent posts are filled by promotion by selection, cadre strength for promotion by selection in that grade will be 80;
(ii) 'backlog reserved vacancy' means a vacancy which was earmarked reserved in a previous recruitment year and an effort was made to fill up the same but could not be filled and is still vacant; and
(iii) the proposal / proforma duly filled in should be signed by an officer of the rank of Under Secretary or above in the administrative Ministry / Department.
7. The Attached /Subordinate Offices etc, should not send the proposal direct to the Department of Personnel and Training or to the concerned National Commission. They should send the proposal to the administrative Ministry/Department who will examine the proposal and send it to the Department of Personnel and Training and tothe concerned National Commission.
8. All the Ministries I Departments etc. are requested to bring these instructionsto the notice of all concerned.