Reservation for SC/ST & OBCs in Central Govt Services - Introduction

Reservation for SC/ST & OBCs in Central Govt Services - Introduction

DoPT Estsblishment (Reservation)

Brochure on Reservation For SC, ST and Other Backward Classes in Services (PART-I)

Introduction

CHAPTER – 1

INTRODUCTION

Constitutional and Legal Provisions

1.1 Objective of providing reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs)

and Other Backward Classes (OBCs) in services is not only to give jobs to some persons belonging

to these communities. It basically aims at empowering them and ensuring their participation in the

decision making process of the State. Justice B.P. Jeevan Reddy, while delivering the majority

judgement in the matter of Indra Sawhney & Ors Vs. UOI & Ors, observed that public employment

gives a certain status and power, besides the means of livelihood. The Constitution has, therefore,

taken special care to declare equality of opportunity in the matter of public employment. Keeping

the broader concept of equality in view, Clauses (4) and (4A) of Article 16 of the Constitution

declare that nothing in the said Article shall prevent the State from making any provision for

reservation of appointments or posts in favour of backward class of citizens which in the opinion of

the State is not adequately represented in the services under the State. Article 16 of the Constitution

and also Article 335 which have direct bearing on reservation in services are reproduced below:

16 (1) There shall be equality of opportunity for all citizens in matters relating to employment or

appointment to any office under the State.

(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.

(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 appointment.

(4) Nothing in this article shall prevent the State from making any provision for the

reservation of appointments or posts in favor of any backward class of citizens which in the

opinion of the State, is not adequately represented in the services under the state.

(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 favor 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.

(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.

(5) Nothing in this article shall affect the operation of any law which provides that the

incumbent of an office in connection with the affairs of any religious or denominational

institution or any member of the governing body thereof shall be a person professing a

particular religion or belonging to a particular denomination.

35. The claims of the member of the Scheduled Castes and the Scheduled Tribes shall be

taken into consideration, consistently, with the maintenance of efficiency of administration in

the making of appointments to services and posts in connection with the affairs of the Union

or of a State.

Provided that nothing in this article shall prevent in making of any provision in

favor of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in

qualifying marks in any examination or lowering the standards of evaluation, for reservation in

matters of promotion to any class or classes of services or posts in connection with the affairs

of the Union or of a State.

1.2 Besides, Article 46 provides that the State shall promote with special care the

educational and economic interests of the weaker sections of the people, and, in particular, the

Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of

exploitation.

1.3 Articles 341 and 342 of the Constitution which define as to who would be Scheduled Castes

and Scheduled Tribes with respect to any State or Union Territory are quoted below:

341. (1) The President may with respect to any State or Union territory, and where it is a State

after consultation with the Governor thereof, by public notification, specify the castes, races or

tribes or parts of or groups within castes, races or tribes which shall for the purposes of this

Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as

the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified

in a notification issued under clause (1) any caste, race or tribe or part of or group within any

caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be

varied by any subsequent notification.

342(1) The President may with respect to any State or Union Territory, and where it is a

State after consultation with the Governor thereof, by public notification, specify the tribes or

tribal communities or parts of or groups within tribes or tribal communities which shall for the

purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or

Union Territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes

specified in a notification issued under clause (I) any caste, race or tribe or part or group

within any caste, race or tribe, but save as aforesaid a notification issued under the said clause

shall not be varied by any subsequent notification.

1.4 The Constitution does not define Other Backward Classes. However, in pursuance of the

judgment of Supreme Court in Indira Sawhney’s case, the Government enacted the National 

Commission for Backward Classes (NCBC) Act in April, 1993. As per Section 2 of the NCBC Act,

“Backward classes” means such backward classes of citizens, other than the Scheduled Castes and

Scheduled Tribes, as may be specified by the Central Government in the lists. For the above

purpose, Section 2 also defines “lists” as lists prepared by the Central Government for providing

reservation in appointments to backward classes of citizens, which, in its opinion are not adequately

represented in services, under the Government of India and any local or other authority. The

Ministry of Social Justice and Empowerment has notified the lists of Castes / Communities which

are treated as Other Backward Classes.

1.5 It may be noted that the Constitution imposes inter-state area restrictions so that the people

belonging to the specific community residing in a specific area, which has been assessed to qualify

for the Scheduled Castes or Scheduled Tribes status, only benefit from the facilities provided for

them. Similar restrictions are applicable to the OBCs also. Since the people belonging to the same

caste but living in different States / Union Territories may not necessarily suffer from the same

disabilities, it is possible that two persons belonging to the same caste but residing in different

States/ U.Ts may not both be treated to belong to SC/ST/OBC. Thus the residence of a person in a

particular locality assumes a special significance. This residence has not to be understood in the

literal or ordinary sense of the word. On the other hand it connotes the permanent residence of a

person on the date of the notification of the Presidential Order scheduling his caste/tribe in relation

to that locality.

1.6 The Constitution (Scheduled Castes) Order, 1950 (as amended from time to time) states that

no person professing a religion different from Hindu or Sikh or Buddhist religion can be deemed to

be a member of a Scheduled Caste. There is, however, no religious bar for being treated as

Scheduled Tribe or Other Backward Class.

Evolution of the Scheme of Reservation

1.7 On attainment of Independence, instructions were issued on 21-9-47 providing for

reservation of 12 ½ per cent of vacancies for SCs in respect of recruitment made by open

competition. In case of recruitment otherwise than by open competition this percentage was fixed at

16 2/3 per cent. Difference between recruitment by open competition and otherwise then by open

competition has been explained in Chapter-II. After the Constitution was promulgated, MUA, in its 

Resolution of 13-9-50, provided 5 per cent reservation for STs apart from the percentage fixed for

SCs already in force. The 1951 Census showed that the percentage of SCs in the total population

was 15.05 per cent and that of ST 6.31 per cent. The percentages were not revised at the time as a

comprehensive bill revising the lists of SCs and STs was under consideration. The other reason for

not revising the percentage was that reservation had already been provided for SCs in posts filled

otherwise than by open competition to the extent of 16.66 per cent and instructions had also been

issued for following a regional and local percentage for Class III and Class IV posts attracting

candidates from a locality or a region. The 1961 Census revealed that the SC and ST population in

proportion to the Indian population stood at 14.64 per cent and 6.80 per cent respectively.

Accordingly, the percentage of reservation for SCs and STs was increased from 12 ½ and 5 per cent

to 15 per cent and 7 ½ per cent respectively on 25-3-70. The 1971 Census did not warrant any such

review. The actual impact of 1981 Census figures on all India percentages could not be known

because the Census of 1981 could not be carried out in the State of Assam. The Government in

1993 introduced reservation for Other Backward Classes in direct recruitment broadly at the rate of

27%. After introduction of reservation for OBCs, total reservation for SCs, STs and OBCs comes to

49.5% in case of direct recruitment on all India basis by open competition and 50% in case of

otherwise than by open competition. As per various judgments of the Supreme Court, total

reservation for these communities cannot exceed the limit of 50%.

1.8 Reservation has been extended to different modes of promotion in stages. In 1957,

reservation was provided for SC & ST in departmental competitive examinations. Reservation in

promotion by selection in Group C and Group D was provided in 1963 and in the same year

reservation in departmental competitive examination was limited to Class III and Class IV only. The

position was slightly changed in 1968 when reservation in limited departmental examination to

Class II, III and IV and promotion by selection 'to Class III and IV was subjected to a condition that

element of direct recruitment should not exceed 50 per cent. Reservation in promotion by 'seniority

subject to fitness’, came in force in 1972 subject to the condition that the element of direct

recruitment does not exceed 50 per cent. In 1974, reservation in promotion by selection from Group

C to Group B, within Group B and from Group B to the lowest rung of Group A was introduced

subject to the condition that the element of direct recruitment, if any, does not exceed 50 per cent.

The limitation of the direct recruitment not exceeding 50 per cent was raised to 66 2/

3% per cent in 1976 and to 75% in 1989. 

1.9 Reservation till 1.7.1997 was computed on the basis of number of vacancies filled. The

Supreme Court in the case of R.K. Sabharwal Vs. State of Punjab held that the reservation should

be determined on the basis of number of posts in the cadre and not on the basis of vacancies.

Accordingly post based reservation was introduced w.e.f. 2.7.1997. The basic principle of post

based reservation is that the number of posts filled by reservation by any category in a cadre should

be equal to the quota prescribed for that category. Prior to introduction of post based reservation,

there was a provision of exchange of reservation between SCs and STs. After implementation of

the post based reservation such exchange is no more permissible.

1.10 Prior to 1975, scientific' and technical posts required for conducting research or for

organizing, guiding and directing research were exempted from the purview of orders relating to

reservation for Scheduled Castes and Scheduled Tribes. In 1975 however, the above orders were

modified and it was decided that the scheme of reservations for Scheduled Castes and Scheduled

Tribes should also cover appointments made to scientific and technical posts up to and including

the lowest grade of Class I in the respective services wherever they were exempt from the

purview of the scheme of reservations. The amended orders were however not made applicable

to Department of Space, Department of Electronics, and in regard to recruitment of trainees to

the training school of the Department of Atomic Energy. In the case of these latter departments,

the orders in force prior to 1975 continue to apply.

1.11 Various relaxations and concessions are given to SC/ST candidates like relaxation in upper

age limit, exemption from payment of examination/application fees, relaxation in qualification of

experience at the discretion of the UPSC/competent authority, relaxations in standard of suitability

etc. Some relaxations like in upper age limit are also available to OBCs.

Institutional Safeguards

1.12 Each Ministry / Department is required to nominate officers of the rank of Deputy Secretary

or above to work as Liaison Officer who take care of implementation of instructions relating to

special representation of SCs/STs/OBCs in their respective Ministries and attached and subordinate

offices. The system of nominating Liaison Officers has also been extended to the offices under the

Heads of Departments. Ministries/Departments have been asked in 1969 to set up a small Cell 

within each Ministry/Department under the direct control of Liaison Officer to assist him to

discharge his duties effectively.

1.13 The Constitution provides for the National Commission for Scheduled Castes and the

National Commission for Scheduled Tribes which have wide ranging powers and functions in

regard to matters pertaining to Scheduled Castes and Scheduled Tribes respectively. The

Government has also set up the National Commission for Other Backward Classes. Besides,

there is a Committee of Parliament on the Welfare of Scheduled Castes/Scheduled Tribes. The

Committee inter-alia examines the position regarding representation of Scheduled Castes/Scheduled

Tribes in the services under the various Ministries and other Government organizations and makes

suitable recommendations for bringing about improvement therein or removing bottlenecks detected

by it during the course of a study.

Impact of Reservation

1.14 Representation of SCs/ STs has increased in all the Groups viz. A, B, C and D during last six

decades. At the dawn of independence representation of SCs/STs in services was very little.

As per available information, representation of SCs in Groups A, B, C and D as on 1.1.1965 was

1.64%, 2.82%, 8.88% and 17.75% respectively which has increased to 12.5%, 14.9%, 15.7% and

19.6% respectively as on 1.1.2008. Likewise while representation of STs as on 1.1.1965 in Group

A, B, C and D was 0.27%, 0.34%, 1.14% & 3.39% respectively, it has increased to 4.9%, 5.7%,

7.0% and 6.9% respectively as on 1.1.2008. Total representation of SCs and STs as on 1.1.1965 was

13.17% and 2.25% respectively, which has increased to 17.51% and 6.82% respectively on

1.1.2008. Group-wise and total representation (in percentage) of SCs/STs in different years is given

in the following table: