RESERVATION IN PROMOTION inksUufr esa vkj{k.k vt; tSu v/kh- ;a=h yks-Lok-;ka- foHkkx

RESERVATION HISTORY 1932 Communal Award No of Seats by Election (Depressed Class) Muslim/ Sikh/ Christians (Indian)/ Anglo-Indian/ Untouchable (Election by Depressed Only)

RESERVATION HISTORY 1901 Reservation for Backwards in Kolhapur state (Maharastra) Free Education for All 50% Reservation in Services for Backward Classes First Official Order 1909 British Introduced Reservation for those Class/ Communities that have little Share in Administration.

RESERVATION After Independence 21-09-1947 13-09-1950 12.5 % Seats for SC in Vacancies (Open Recruitment) 16.67 % (Other than Open Recruitment) 13-09-1950 5% ST (In Addition to above) 25-03-1970 (Based on 1961-Census) 15% SC (P- 14.64%) 7.5% ST (P- 6.80%)

RESERVATION After Independence 1993 Reservation In promotion 27% For OBC (Addition) Total 49.5% (Within Ceiling of 50%) Reservation In promotion 1957 (For SC/ ST In Departmental Exams) 1963 (Promotion by Selection in Group C & D) 1974 (Promotion by Selection from Group C to B, Within B and from B to Lowest Rung of A)

RESERVATION After Independence: Field Exempted Prior 1975 Post 1975 Scientific and Technical Institutes (Related to Research) Post 1975 Department of Space Department of Electronics Department of Atomic Energy (Except for these, all others will be under existing Scheme of Reservation)

RESERVATION Court/ Govt/ Constitution Article 16 Article 335 Equality of opportunity in matters of public employment 16(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Article 335 The claims of the members 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

RESERVATION Court/ Govt/ Constitution 1992 Indra Sawhney Case Reservation shall not exceed 50%. No reservation in promotion. Creamy layer must be excluded from the backward classes. Action by Govt 77th Constitutional Ammendment (1995) Article 16(4a) inserted Nothing in this article shall prevent the State from making any provision  for  reservation  in matters of promotion to any  class   or classes  of  posts  in the services under the State in favour  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.".

RESERVATION Court/ Govt/ Constitution 1995 Veerpal Singh Case No Consequential Seniority General Category Candidate shall regain his Seniority on Promotion to Higher Post. Article 14 (Right to Equality) and 16(1) – Right to Equal Opportunity would apply. Action by Govt 85th Constitutional Ammendment (2001) Article 16(4a) changed for the words "in matters of promotion to any class", the words  "in matters of promotion, with consequential seniority, to  any class" shall be substituted.

RESERVATION Court/ Govt/ Constitution Action by Govt 81st Constitutional Ammendment (2000) Sub-Clause 4(b) to Article 16(4) inserted 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". 82nd Constitutional Ammendment (2000) Article 335 Ammended Provided that nothing in this article shall prevent in making of any provision in favour 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".

RESERVATION Court/ Govt/ Constitution M Nagraj Case (2006) Conditions Imposed for reservation in Promotion Representation to be inadequate Backwardness has to be proved Efficiency of Administration should not suffer. Paneersalvam Case (2015) For Consequential Seniority – State has to make Rules. In absence it can not be given automatically.

RESERVATION MP Govt Promotion Rules 2002 WEF 11 June 2002 Promotion in All Cadres/ Classes SC 16% ST 20% Separate list for General, SC and ST Backlog No limit of 50% Up to Class-II Seniority-cum-Merit Class-II to Class-I Merit-cum-Seniority Zone of Consideration V*2 + 4 For SC/ ST can be extended up to 7-times 5-Years CR be the basis Roster be maintained

RESERVATION MP Govt Promotion Rules 2002 Circular 07 July 2002 Class-II to Class-I Merit-cum-Seniority Min Qualification for General 15 Min Qualification for SC/ ST 10 Consequential Seniority be given. 100% Backlog (As 0n 2002) State of Ideal Status Reserved be promoted against ‘Un-Reserved’ and be adjusted in future against vacant reserved category post.

RESERVATION MP Govt Promotion Rules 2002 RB Rai & others Vs MP Govt. (30.04.2016) MP High Court held Rules 2002 Unconstitutional. No Survey as per M Nagraj Case done. Status as before 2002 to be Restored and for promotions New Rules to be Made. MP Govt. SLA in S Court (12.05.2016) Status-quo To be maintained.

Sanctioned post/ working RESERVATION MP Govt Promotion Rules 2002: Implication All top posts held by Reserved Category. Reserved Category candidates get multiple promotions and still are Junior in Service. Backlog is never going to End. There will never be Ideal Status as envisaged in Rules. Present Scenario   As on 1/9/2015  Post Sanctioned post/ working GEN SC ST ENC 2/2 1 CE (CIVIL) 5/5 4 SE civil 29/35 17 11 7 EE civil 84/98 53 19 26 AE civil 303/205 127 61 27

Date of First Appointment RESERVATION Present Scenario Name Category Date of First Appointment At Post Length of Service Service Remains 1 2 3 4 5 6 Jh th-,l- Mkeksj v-t-tk- 1983 EnC 33 10-M Jh lh-,l-ladqys v-tk- 01-05-1986 CE 30 6-Yr Jh ,p-,l-xksaM v--t-tk- 01-10-1990 26 10-Yr Jh ,u-,l-tkSgjh v-tk 18-11-1988 28 9-Yr Jh ckyeqdqan lksuh lkekU; 19-05-1980 SE 36 1.5 Yr Jh nhid jRukor 06-12-1982 34 Jh ,-ds- feJk Jh lat; dqekj va/koku vuq-t-tkfr 11-Yr Jh ,l-,u- jktw 21-07-1986 EE Jh lquhy dqekj [kjs 22-08-1986

RESERVATION Proposed Ammendments 117th Ammendments Bill (2012) Passed in Rajya Sabha Not tabled in Lok Sabha Will amend Article 16 (4a) To substitute the present Article 16(4A), to provide that all the SCs and STs notified under Article 341 and 342, respectively, shall be deemed to be backward.

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