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Reserved candidates with fee concession cannot be counted as Unreserved


DOPT letter No.36012/45/2005-Estt.(Res.) dt. Dt.10-08-2010 


02. The Hon’ble Apex Court judgement in the case of R.K. Sabharwal and others vs State of Punjab reported in 1995-AIR-1371-SC is holy mantra for the policy of reservation. The objective of reservation is to provide adequate representation to the Scheduled Castes/Tribes and Backward Classes in services and as such any mechanism provided to achieve that end must be intertwined to the objective sought to be achieved. Once the posts earmarked for the Scheduled Castes/Tribes and Backward Classes on the roster are filled, the reservation is complete. Roster cannot operate any further and it should be stopped. Any post falling vacant due to retirement, resignation, promotion etc., in a cadre thereafter, is to be filled from the category reserve or general. Further, the said judgement was delivered involving the posts to Group C and D only and it appears that the said judgement cannot be made applicable to Group B Gazetted posts.

03. In pursuance of the above decision, the Department of Personnel and Training has issued O.M.No.36012/2/96-Estt-RES) dated 2.7.1997. Paragraph 3 of this O.M reads as follows:-

“ 3. With a view to bringing the policy of reservation in line with the law laid down by the Supreme Court, it has been decided that the existing 200-point, 40-point and 120-point vacancy based rosters shall be replaced by post-based rosters. All Ministries/ Departments and concerned authorities are requested to prepare the respective rosters based on the principles elaborated in the Explanatory Notes given in Annexure-I to this OM and illustrated in the Model Rosters annexed to this OM as Annexures-II, III and IV. Similarly, the concerned authorities may prepare rosters to replace the existing 100-point rosters in respect of local recruitment to Groups ‘C’ and `D’ posts on the basis of the same principles.”

04. However, the Judgement of Madras High Court in the case of UOI vs S. Kalugasalamoorthy in WP No.15926/2007 related to promotion from Group C/Group B Non gazetted to Group B Gazetted. The instructions issued in connection with recruitment to Groups C and D cannot be made applicable to the above said case.


O5. Even assuming that the said judgment is applicable to Group B Gazetted, the said posts should be filled as per guidelines issued by the Apex Court in the case of R.K. Sabharwal and others vs State of Punjab . In this regard, I would like to draw your kind attention to Para 5 and 6 of the above cited judgement
Only SC/ST/OBC candidates who are selected on the same standard as applied to general candidate are be considered as merit candidate. In other words, when a relaxed standard is applied in selecting a SC/ST/OBC candidates, for example in the age limit, experience qualification, permitted number of chances in the written examination, fee concession, extended zone of consideration larger than what is provided for general category candidates etc, such SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates should not and must not be considered against unreserved vacancies.

Comments

Anonymous said…
is base par case ho sakta h kyoki reserved canditate jo nrhm and cooperative se the. unhone experience ka ,age ka, fees ka,relaxation liya h.

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