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PENDIUM PART JIT

\ A ) OF j )[ < _ ^ toNMENT INSTRUCTIONS -v} /■ ON

:;' "MBERS OF SCHEDULED CASTES, [ tBES, BACKWARD CLASSES CE'\4EN AND THE PYSICALLY jsTDICAPPED PERSONS 10 \JA y: ■■^ IN

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0- PZ n- I ^taryto government, haryan^ ADMINISTRATION DEPARTMENT) \ YEAR-IS99

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i—L PREFACE Compendmm of Haryaa=i Givernm-int instructions on rescrption for meinbers of Scheduled Castes. Scheduled Tribes and Backwar i Classes in Services and Posts filled by direct recruitment &and Sraetrry'to"Govt. by promotion in HacyaakrWefrarrofHaryan, was publish'sd "scheduled and i susd Castes,"on 8th ScheduledS^ptembir. Tribes 1974 auiby theBackward Co nmi.sioner Classes Department. 2. Compendium Part II on reservation for the members of Scheduled Castes, Scheduled Tribes, Backward Clasfes, Ex-servicemen and Physically Handicapped persons in Services and posts filled by direct recruitment, by transfer and by promotion in Haryana was 'jssued by Chief Secretary to Qovt. Haryana in General Administration Department on 19th March, 19o5. 3 The present Compendium constitutes as Part-Ill to the above Compendium m the matter of reservation policv/instructions regarding reservation for Scheduled Castes, Bickward classes, Ex- servicemen and Physically Haulicapped persons, issued from_ time made to include all available Government instructions regarding reservation policy of the HarVana Govt. which pertain to the period from March, 198o. Although all possib.e care and ^ecautiom have b3en taken while compiling this Compendium, yet the General Administration (m G. S. I Branch) of Haryana Government, will be glad to note the error or omission, if brought to its notice. Hope this Compendium will be handy and helpful to all concerned.

RAM S. VARMA Dated , Chief Secretary to Government, Haryana. the 1st April, 1999.

_L CONTENTS

Sr. Number and Date of Subject Page No. No. Government Instructions.

1. 6972-WG'66/24917 , Reservation for the members of Scheduled Castes/ 1—2 Dated 23-8-1966. Tribes and Backward Classes in promotion cases. ' 2. 4385-S.K.-1-71/18166-200, 3rrfh- m\ ^ 2-3 Dated 25-10-1971

3. 6880-S.K.-i-71/i051-52, ^rfcT fPTT Prsf ^ % f^tr q^f ^ artrervr Dated 20-1-1972. srrffT % W 20 qf^rsfr^T ^ 2 qpr^Ttr) 4. 9197-S.K. -1-73/22567-670, 5rT% ^PTI fq®f q-q % qqt qtj STrTeTVT Dated 18-12-1973 5rrFfr % 20 qfcnfTfr frqr fTOf qq % 2 ?rfT5T^r)

5. 1872-SW-1181. Reservation of Seats for Scheduled Castes/Tribes 4-5 Dated 8-7-1981 and Backward Classes in Technical Educational and professional Institutions. 6. 22/66/80-3GSm. Concessions/benefits to ex-servicemen belonging to 5—6 Dated 18-7-1981 Scheduled Castes etc. in services. 7. 4/76/78-SW(l) Issue of Scheduled Castes/Scheduled Tribes 6—8 Dated 25-1-1983 Certificate to eligible persons. 8. 22/20/83-3GSIII, Reservation benefit to freedom fighter. 1 Dated 26-7-1983

9. 22/40/83-3GSni, Reservation of Work-charged posts for Scheduled 5—9 Dated 9-9-1983 Castes, Backward Classes & Ex-servicemen and Physically Handicapped. 10. 4/76/78-SW(l) Verification of claim of candidates belonging to 9—II Dated 13-9-1984 Scheduled Castes and Scheduled Tribes and Migrants from States/Union Territories-Form of certificate Amendment to— 11. 22/67/81-3GS III, Reservation benefits-Extension of the same to 12 Dated 15-7-1985 Scheduled Castes, Backward Classes, Ex-servicemen and physically handicapped persons only who are r- domiciles of the Haryana State. 12. 22/46/85-3GSIII. Reservation of post for Scheduled Castes, 12—13 Dated 22-8-1985 Backward Classes and Ex-servicemen under the services of Haryana State—Clarifications relating to para 1(1) of the instructions 9-2-1.979. 13. 22/20/83-3GS1II Extention of concession of reservation in direct 13—14 Dated 26-11-1885 appointment of freedom fighter and their children/ Grand Children. 14. 22/43/86-3QSIII, Reservation of posts for Scheduled Castes, Backward 14-15 Dated 30.7.1986 Classes and Ex-servicemen in the service of Hamana Government. (iii) (iv)

Subject Page No, Sr. Number and Date,o.* No. Government Instructions i'; j

-V/ 15^17 15, 22786/82-3GSm. Rcvisio.V"of'proforma regarding rcp^re'seii'fatip^^^ I . •Dated 7.1.1987 .. reserved categories for the period' eniing'June December each year. t .-- ' a I' 1 . j ■/■/vy ' 'ju' ' I - ' oo-O'' -.. I ! I 16. E.C.-l/987/30feH3l 1 8 >ated 1.8nivb9.87' : ■ ''Reservation drPoStsTof^Scheduled Castes,'^acitwa^' ' ' 18—19 [4. 22/2/87-3GS'iir,' Classes, Ex-servicemen and Physically, handicapped_ Dated 11.8.1988. , ^'in the'setvices'of Haryaha State. ' ■■ . . ^7(,J I .l-u' 1 Reservation - clearing of shortfuli in the reserved ■■ 19—20 18. 22/31/89-3 GS ill, Dated 7.7.1989. vacancies.'.' ' • ' 22/28/89-3GSilII,- :-Ban:on :deservationrin- direct recruit\nent-.tor. vacancies.--. ;v 20.-^21 ■19. under, the-^Gpyernment. ■ Dated 7.9.1989. I Reservadon, of." .-posts;,-•for P hysically Handicapped 21 20. 24/1/90-3 GS III, persons in Cia'ss-I and 'it posts under the services D^ted 20.2.1990. ..ofvHaryana,State. . ; ///- •;

22 22/15/90-3 GS III. P/al' c,xaminatiop.,by";.',the Haryana Vidhati ' Sablia ■ ^ Dated 7.6.1990. 'Committee aiid Supply'of information. Ay'oidance dPtiie ,,terrai"!like 'Harijan' and' 'tf^irijan', 22^23 12025/14/90-SCD(R. L. ^Cell), in respect'of ScKeduI'e'd Castes and Scheduled Tihbes" ' Dated 16.8.1990 in p|dci>i>imatters,, dealings etc. ' Avoidance'of the terms like'Harijan' and 'Ginjah" in' 23 23, 22/43/90-3 GS-lII ^respe.ct pf-.Scl^eduled Castes and Scheduled iTirlbes iii- Dated 21.11.1990-, official letters, dealings'etc. . Grantj ,p.f/..re.seiiyation benefits to Scheduled Cast^-, and , 24 -24\ 22/15/90 r3L.GS nil- Dated-. :.i Back\yar^;Ciasses:Ca^^^^^ in the adhoc/d'aily,-.wages', apRoinmeiitS;. , . i ' iReservation'Ofiposts for''Scheduled Castes, Dapk,\vard\ - 24^25 -25-: ■22/36/90-3-GSiI;II- Dated '24-. 1 .1991' Classes,-■ Ex-servicemen-/.and Physically Handicapped ■ ; . .persons■imder-'thetservices of Haryana State. !• _ 25--^6 -26. 22/36/90-3,GS-III ..Reseryation' of,,p,ostsfon.f scheduled^ Castes, |Backward., Dated,'24.l-. 1,9,91..; ; .Classes, 'Ex-seryicemen;j;and Physically Hand.icdpped. . ' ''pei;so,ns under,the;seryj^^^^ of Haryana State. 26i 27. 22/36/90:3 GS-ni. Reservation of posts for scheduled Castes, Backward Dated.5:4-i;9^1 •Clasbs:' Ex-servibcheh'-hnd Physically Hahdica>^d-j: .i ; ' persons under-th^ of Haryana State/-' '' '

27 28. 22/22/91-3 GS-lII Reservation of posts fdlr "other Backward Classes and > ' Dated'5-4-1991 .Economically,, Backward! ariiong the fo^wa^4^^9^5?®®l■;./, •under the.services;of,S.tate of Haryana. ' '-nC.yy ( ,

28 29,. , 22/32/?.I,.:3,GS-,1U, Oral examination by „the Haryana Vidhaii,,S^abha ' ■ D^led.;i2-6r;i??2 .e/pi^tpiiftcfanid^^ Information. ;(} 28—29 30. 22/22/91-3, GS-III Reservation of posts "for "Other Backward Classes" Dated 12-9-1991 and Economically Backward among the forward classes under the services of State of Haryana. ^

2^' (V)

Sr. Number and Date of Subject Page No. No. Government Instructions

31. 24/5/91-3 GS-iri Reservation of posts for the Physically Handicapped 29 Dated 22-11-1991 persons under the services of Haryana State.

32. 22/56/91-3 GS-III Special Recruitment Drive for Clearing of Shortfall 30 Dated 23-4-1992 in the reserved categories.

33. 24/1/90-3 GS-III Reservation of posts for Physically Handicapped 30—31 Dated 14-10-1992 persons under the services of State Government- Exemption to H.C.S. (executive Branch) from the applicability of reservation for Physically Handi capped persons.

34. 24/1/93-3 GS-III Employment of the Physically Handicapped persons 31 Dated 28-4-1993 in Public services.

35. 24/1/93-3 GS-III Employment of the Physically handicappped persons 32 Dated 21-M994 in Public services.

36. 22/36/86-3 GS-III 32-33 Dated 4-5-1994

37. 22/51/93-3 GS-lU Reservation for other Backward Classes-Exculsion 33—50 Dated 12-5-1994 of for the purpose of appointment in services and posts under the - Certificate to be produced by the Candidates.

38-. 22/56/9 l-3GS-ni Special Recruitment Drive for clearing of shortfall ' 51 Dated 30-9-1994 in the reserved catcgoiies.

39. 22/1/94-3 GS-III 5r ^TRfsrfr 51-52 Dated 17-10-1994

40. 22/55/90-3 GS-HI Reservation of posts for .scheduled castes, Backward 52—54 Dated 9-11-1994 Classes and Ex-servicemen under the services of Haryana State.

41. 22/51/93-3 GS-III Reservation for other Backward Classes-Exclusion -55 Dated 16-11-1994 of creamy layer for the purpose as appointment in services and posts under the Government of India Certificate to be produced by candidate.

4i. 22/55/90-3 GS-IH Reservation of posts for Scheduled Castes, Backward 56 Dated 23-12-1994 Classes and .Ex-servicemen under the services of Haryana Stale.

xv^ IV % 57 43. 12/44/84-4 GS-II cs cx Dated 5-1-1995

1 - 44. 22/1/94-3 GS-III Information regarding the representatation of Reser 57—59 (| Dated 1-2-1995 ved Category in Government Services. 45. 1170-SW(I)-95 Exclusion of socially advanced persons seeting 60—62 Dated 7-6-1995 (Creamy Layer) from Backward Classes. 46. 22/36/95-3 GS-III Reservation for Scheduled Castes, Backward Classes 63—67 Dated 20-7-1995 (Block "A" & Block "B") Ex-servicemen and Physically Handicapped persons indirect, recruitment to Class-Ill and Class-IV Government Jobs. (vi)

Sr, Number and Date of Subject Page No. No. Government Instructions

47. E.G.-1/95/20493-663, Reservation of posts for Scheduled Castes, Back 67—68 Dated 20-7-1995 ward Glasses and Ex-servicemen under the services in Haryana State.

48. 22/55/90-3 GS-III Reservation of posts for Scheduled Castes, Back- • 68 Dated-30-8-1995 . ward Classes and Ex-serviccmen under, the services pf'Haryana State.

69 fi" 49. '22/56/91-3 GS-HI Special Recruitment Drive for clearing the I' Dated'l4-9-199j shortfall in the reserved categories. '{ ,50. ISSa-S'X. (l)-95 |{ ^ ^ ^ ^ 69-75 28-9-1995 jl .. :,/j

51. 22/55/90-3 GS-TII '•Reservation of posts for Scheduled Castes, Backward 76 t - Dated 10-11-1995 Classes and Ex-servicenicn under the serv'ces of Haryana State.

52. E.G.-2/95/31538-48 Dated 26-10-1995 .

Reservation for other Backward Classes-Exclusion of 76 53. 22/51/93-3GS-m n Dated.15-11-1995 creamy layer for the purpose of oppointment in- services and po. ts under the Government of India- Certificate to be produced by the candidates.

54 38/14/78-3 GS-IH Facilities granted to persons belonging to the 82 Dated 10-4-1996 economically backward classes-Raising of annual income" limit.

55; 22/I4'96-3 GS-III ^ fT^'V ^ f^^rr^iTT; 8 i- 82 Dated 22-5-1996 56. 22/94/96-3 GS=III ' ^TT^Tf^rd stTW, fTdJt d-^T 82-83 Dated 29-9-1996

Reservation of posts for Scheduled Castes, 84—85 57. 22-/73/92-3 GS-IlIv ' I',] Dated 10-1-1997 Backward Classes and Ex-servicemen- under the services of Haryana State.

58. 22/51/93-3 GS-III Reservation for other Backward Classes-Exclusion 85—87 Dated 19-3-1997, of creamy layer for the purpose of appointment in services and posts under the Government of f: India-certificate to be produced by the candidates.

59 22/3/97-3 GS-III Employment of inmates of Plo.me/Iiifirmaries- -in Dated 2-5-1997 Government offices in tlic .Haryana State.

60. 22/94/96-3 GS-III 'MHdRd ^crqt,to t ddX d^n 89 Dated 8-5-1997 ^dwft Tf ?TKSTir 5RTd I

61 22-79-95-3-GS-III Enhancement of-reservation quota of Exrservicemen 90 Dated 12-6-1997 indirect recruitment to the Class-Ill & IV posts. 62. 22/51/93-3 GS-III Issue of Community status certificates for 91 Dated 18-6-1997 employment/examination etc. (vii)

Sr. Number and Date of_ Subject Page No. No. Government Instructions

63. 22/38/96-3 GS-TH Instructions regarding the candidates belonging to 92 Dated 25-6-1997 S.C. and B.C. selected on his own merit and not by virtue of rule of reservation.

64. 22/48/95-3 GS-TTI Provision of reservation because of inter-category 93 Dated 7-8-1997 marriage.

65. 22/51/93-3GS-III Reservation for other Backward Classes-revised 93—95 ^ated 12-8-1997 proforma certificate. 6^ 22/79/95-3 GS-IIT Filling backlog in the reserved vacancies' Supreme 96—97 ^ Dated 12-9-1997 Court Judgement in Indira Sawhney Case. 67. 22/96/96-3 GS-IH Reservation for Scheduled Castes, Backward 97—98 Dated 14-10-1997 Classes (Block 'A' & 'B') Ex-servicemen _ and Physically Handicapped persons in direct recruitment of Class-Ill and Class IV Government Jobs.

68. 22/51/93-3 GS-III Issuing of Cast/Community Certificate in proscribed 98—102 Dated 14-10-1997 pioforma to SC/ST & O.B.C. for Central Govern ment Services.

69. 22/89/97-3 GS-Tir cT^T ^ io3 Dated 12-11-1997

70. 22/86/97-3 GS-III C.W.P. No. 4I50/97-Sushma Verma Vs. 1C4—105 Dated 13-11-1997 State of Haryaiia-appointment of Physically Handi capped persons in Government Jobs. ''

71 22/86/97-3 GS-III C.W.P. No. 4150/97~Sushma Verma Vs. State of - 105 Dated 26-11-1997 Haryana appointment of Physically Handicapped persons in Government Jobs. 4 72. 22/86/97-3-GS-in ''C.W.P. No. 4150/97-Su3hma Verma Vs. State of S06 Dated 11-12-1997 Haryana-appointment of Physically Handicapped person in Government Jobs.

73. 22/96/96-3 GS-III Employjiient of the Physically Handicapped 207 Dated 25-5-1998 persons in Public Services.

74. 22/55/97-3 GS-lIl Fixing up the minimum degree of disability in Dated 12-6-1998 favour of Physically handicapped persons for direct 108 recruitment to Class 1, II, III & IV services/posts.

75. 22/7J/92-3 GS-llI Impieinentation of the decision of Supreme Court 108—109 Dated 16-6-1998 of India regarding reservation in promotion etc.

76. 22/46/98-3 GS-IIT 3% reservation in the benefit the pei'sons with 110 Dated 13-7-1998 disabilities'in all poverty allcvalion schemes in Haryana State.

77. 22/96/96-3 GS-III Reservation to the Physically Handicapped 110—III Dated 17-8-1998 persons in direct recruitment of Class III and Class IV Government Jobs.

78. 22/79/95-3 GS-III Filling up the vacant posts reserved for Ex- 111—112 Dated 25-9-1998 servicemen.

4 1

(viii)

Sr. Number and Date of Subject Page No. No. Government Instructions

79. 22/55/97-3GS-III Fixing up the mininium degree of disability in .112 Dated I.-1-1999' favour of Physically Handicapped persons for direct recruitment to Class 1, II, III & IV services posts.

80. 22/73/92-3GS-IH Reservation of posts for scheduled Castes, Back 113 Dated 13-1-1999 ward Classes and Ex-servicemcn under the services of Haryana State.

8P. 22/49/98-3 GS-III Implementation of the decision of Supreme Court ^ 113—114 Dated 25-2-1999 of India regarding reservation in promotion etc.- Regarding clarification in promotion etc.

82. 22/34/98-3 GS-III Reservation for admission in Educational/Profe- 114 Dated 19-3-1999 sional Colleges/institutions. I ■83. 22/91/98-3 GS-III Sending of requisitions to HPSC/HSSC for filling 115 Dated 8th April, 1999 up various posts by direct recruitment-Earmarking of posts for various reserved categories.

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Annexure Copy of letter No. 6972-WG-66/24917, dated 23rd August, 1966, from the Secretary to Govt. Scheduled Castes Backward Clases Deptt. to all Heads of Deptts. Registrar, Punjab High Court Commissioners of Divisions, Deputy Commissioners of Distrect and Session Judges and the Sub-Divisional Officers (Civil) in the Punjab.

Subject Reservation for the members of Scheduled Castes/Tribes and Backward Classes in pro motion cases.

Sir, I am directed to refer to Punjab Govt. instructions contained in circular letter No. 6486- 5WG-II-63/19I93, dated the 12th September, 1963. supplemented by letter No. 19181-4WG-63/795, dated the 14th January, 1964, 2125-4WGI-64/5213, dated the 18th March, 1964 and No, 49I7-4WGI- 66/18026, dated the 2Ist June, 1966, on the subject noted above wherein decision of 10 percent reservation in promotions posts for the members of Scheduled Castes/Tribes and Back>Vard Classes had been detailed. 2. Govt. have since been receiving refvrence from several quarters seeking clarifications on some basic points which cropped up as a result of actual impiemention of the said policy. After careful consideration of the matter the Govt. have decided to fall completely in line with the policy obtaining in Govt. of India. On the basis of policy of Govt. of India, the following decisions are laid down — (1) Class I and II appointments : ^ (a) There will be no reservation for Scheduled Castes/Tribes and other Backward Classes in appointments made by promotion to a class II or a higher service or post whether on the basis of seniority-cum-fitness, selection or competitive examination limited to depart mental candid^ ics. (b) In the case of promotions made in or to Class I or 11 on the basis of seniority subject to fitness cases involving sip rsession of Scheduled Castes/Tribes Officers should be sub mitted for prior approval of the Minister concerned. (2) Class III and Class IV appointments : j (a) In the case of Class III and Class IV appointments, in grades or services to which there is 7 , no direct recruitment, there wsll be reservation at 20 percent for Scheduled Castes/Tribes and 2% for Backward Classes in promotions made by (i) Selection or (ii)" on the result , of competitive examinations limited to departmental candidates. Where, however, there is direct recruitment the existi.ng percentage of reseivation at the time of recruitment will continue. (b) List of Scheduled Castes,Tribes and Backward Classes officials belonging to these classes will be adjudged separately and not along with other officials and if they are suitable fcr promotion, they should be included in the list irrespettive of their merit as compared to that of other officials. Promotions against reserved vacancies will however, continue to be subject to the conditions of minimum" necessary qnallficadons and satisfactory record of service. (c) Cases involving superseasion of Scheduled Castes/Tribes add Backward Classes, will be reported with in a month to the Minister concerned fcr information. ^ (3) Appointments to posts for conducting Research : It is considered that in appointments for conducting research or -organising guiding and directing research there may be a great deal of dlfTerence between the best person available . . and the one who only possesses the prescribed minimum qualifications. It is desirabie to look for the persons with the highest talents and accomplishments rather tlia.i bo content with those who may be just adequate. The number of ^uch posts is not so large to affect the interests of a considerabje number of persons belonging to the Scheduled CasievTribes

IV' . and Backward Classes. On the other hand, the nature of work is such that it is done cons picuously well, scientific progress and development of the Country will be accelarated. It has therefore, been decided that reservation both at the time of recruitment and at the time of promotions (20 percent for Seheduled Castes/Tribes, 2% for Backward Classes) will not apply in the case of appointments to posts for condncting research or organising, guiding a'nd directing research.

(4) Roster : (a) To give proper effect to the reservatiens prescribed every appointing authority will treat vacaneies as reserved or unreserved according to model roster laid down in the Puujab Govt. circular letter No. .2360-4WGI-64/4860,' dated the 24th March, 1964. The roster will be maintained in the form of running account year to year. For example, if promotion in a year stops at point 6 of a cycle, promotion in the following year will bsing at point 7. (b) If there are only two vacancies to be filled on a particular occision, not more than one may be treated as reserved and if there -be only one vacancy it should be treated as unreserved. If on this account, a reserved, point is treated as unreserved.the reserva- tionmay be carried forward to the subsequent two recruitment years. Thus where the cadre strength is small say less than 5 and there is one post to be filled by promotion, it need not be treated as reserve:! but if on this aceejnt a reserved point is treated as unreserved the reservation may be carried forward to the subsequent recruitment two years. 3. The official belonging to Backward Classes will cease to be eligible for reservation in pro motion when the annual income of their family exceeds the prescribed limit of Rs. 1.000 (in case of Backward Classes determined on economic criterion) and Rs. 1.800 (in case of socially Backward Calsses declared by Government. 4. The above decisions take effect from the date of issue of these orders. Promotions already made in accordance with the instructions-in-force prior to the issue of these ord-^rs, will not^ be disturbed. The pending cases may be decided immediately in accordance with these instructions. 5. You are requested to bring the above decisions to the notice of all concerned. The receipt-of this communication may kindly be acknowledged.

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qq qqqq qqrq ^i-^qrr?: % qpcqq qqrqr 8O85-5 q5?q.-^-ii-.63/i8244, 7-9-1963 5f fqf4q f^qfqqt ^ qt^ ^qrq f«qr^ qq fqq"q fq.' t q? q^f fq^ ^ flqqrqf ^ ?q^q q4r qr fq? q^ qi qiTR sTiT^'q %q^ ?rqqjqq ^fq qqr fqsq qq % ^q % f^tr ^fqq fqrqr ^*iqi 4 ^ ^ ^Pcqi'qr ^rftrqi^V 4 qr q§ ^fqqr ^^rx qrv:.--qr^qq.- fq^q qq srqqpqq ^f% qqr fqst q-t % qqt qq^qt qft fq-q qq^ 4 ^ ^ ^ qfqqr^ 4^ i 2. ^ qTq% qq: fqqr^ qqr qk qrqqq q fqqq ff^qr 4 ^ f^rqql srtr %q?r ^qnqr TRq ^ qFqqi-^ q-^^^qq ^fq uqT fTsf qq % fqq qrc^rq fqrqr qrqr^ qk q? qjqm ^ qr^q % "qrqq.q^qt qrt q4t qr^ 4 1 q^'^: ^'^'' t ^ ^ ^ qi-^' ^ q^qj^qq qfqqrfqq^t q:t fq^r ^itit i - 3. qrq«ft qq i

) \ k\ 9197-H0^0-1-73/225B7-670

^TFiw ^forrciT ^nri^r f^^nr i

1. ^ ?rT^^r fr^r H^ft ^rqi srfsmft (hto) 1 . . . "^ ■ 2. TT^^n -irrJTm, ^^rr ^m, ?rk ^ft^rr'^r % ?T?ft fsr^iT ^ '^FTTSft^r I M f^TTT^ T 8 I 9 7 3 I ftw : fTTT ftsir =w % ftq ^r BTKsr^ ^rwr^ % ftcr 2 0 !TRr^^ 3»rr ftgJ '% % 2 ^r^?rer stpc^ i ' T^tSTT/ ^ 'T? ft?\ |3rr I ft sriw wrr ftft^r >n ?rcw5 % ij eove-^o^o- 1-72/15594-693, ftlTRT 15 fturqx, 1972 gRT t^RV =lf ft^rWf ^1 aftr ferft 3rft ft ^ I 3^ =15 ft^ft ftui iRT I ft =ft 11=11 ftsi gFw^r IR^R Bft ?rgT ^ I 5=5 liftiw?^ 31191. ^lxmn (bonafide residents of Haryani) ?TPn sfpn 3^ ^1 ^ iffr ^Tfi % ^ ^ I , '

.* ?rr^^cr ^fe'rorr H'^fprr, ^eiTT'Jr f^lTTT I ^9197-^0^:0-1-73/2267 ^>rs j g-12-1 97 3 -

No. 1872-S\V-I/8I From BacWrSs^rolpfrCent'^ '° '

To

2. The^ Registrar, Punjab & Haryana High Court,-Chandigarh. Dated Chandigarh, the 8th July, 198: Subject— Reservation of seats for Sch. Castes/Sch. Tribes and Backward Classes in Technical,, Educational and Professional Institutions.

Sir, ■ . ■ I am directed to refer to the composit Punjab Govt, letters noted in the margin on the subject noted ab>ve and to say that the reservation of seats for Scheduled Castes/Scheduled" Tribes/Backward Classes in Technical/Educational Professional institutions was provided as under

1. 1637-WGI-ASOII/I/64/4289 (i) 20% of seats in educational, technicalj and professional- deted 6th/I3th March 1994. instiiutions controlled by Government are reserve^'for members of Scheduled Castes/Scheduled Tribes. 2. 3870-WGI-AsOII-64/20069 dated 26th & 9th October, 1964- (ii) 2% of these seats are reserved for members ' Backward Clases. 3. 3497-WG1-66-13823 dated 5-5-1966. lAt present 10% posts have been reserved for the members of Backward Classes in the services of'Havyana State. It has, however, been notic^^ that suitable candidates belonging to Backward OiasseS are not available for the "vacancies re^^erwed for them. One of the reasons for their non-availability appears to be that'-they do not -get:-admission' in Educational/Technical and Professional institutions in adequate numbers. 2. The State Govt. has, therefore, decided that 10% of seats in Educational/Technical and Professional-Institutions controlled byGovt.be reserved for the members of Backward Classes. Howeve- the total number of seats as may be reserved for various categories should not exceed ^ 50%. The seats reserved ibr the members of Schedubd Castes should not be reduced below ^ 20% as that is based on the percentage of' their population vis-a-vis the total population of the State. 4. It may nOt be possible to give fiiil effect. to above decision during the current year. Where adm'ssions have already bsen" completed in part or whole. However, where admissions arc still to be made, action should as x'ar as possible be taken in accordance with the above decision. 5. These instructions may be'brought to the notice of all concerned wdrkidg undef- you for strict compliance. 6. Recjiipt of tnis letter may please be acknowledged. ISd/- Joint'Secretary, for Commissioner &.Secretary to ,Govt. Haryana, ' ^ Welfare of Scheduled Ca.tw & ' Backward Classes Department.

Copy of letter No. 22/66/80-3 GSIII dated 18th July, 1981, from the Chief Secretary to GovernmenI liaryana, to all Heads of Departments in Haryana, Commissioners, Arabala and Hissar Divisiou All Deputy Commissioners, Sub-Divisional Officers (c) in Haryana and the Registrar Punjab -and Haryana,'High Court, Chandigarh.

Concession;/:)>n0fits to EK-Ssrvlc^mjn bslOA^i.ig to Sehidule'i Castos etc. in services.

Sir, I am directed to -refer to Haryana Government letter No, 8408-4 GSII-72/1153, dated 12 January 1973 on the above cited subject and to say that according to the instructions contained therein an' ex-servicemen belonging to any other category for which also there is reservation in services/posts shjuid be treated either. as ex-servicemen, or one belonging to any other category /hich also reservation has been provided, (whichever is more beoeficial)- and he should be >Q reservation and other benefits accordingly. • j

2. The matter has been examined further and it has bien decided that it would be appropriate to count the selection and appointment of an ex-servicemen who is also SC./BC. against the quota of the choice of the appointing'authority. He will however, be so entitled to the benefits given subsequently to both ex-servicemen and SC/BC personnel. 3. .These instructions may be brought to the notice of all concerned for compliance.

Sd/- • ' Statistical Officer, for Director, Welfare of Scheduled Castes & Backward Classes Dcptt., Haryana. Chd.

No. 4/76/78-SW (1)

From The Commissioner and Secretary to Government, Haryana, Welfare of Scheduled Castes & Backward Classes Deptt.

To 1. All Heads of Departments in Haryana and Commissioners, Ambala/Hisar Divisions.

2. All the Deputy Commissioners and All Sub-Divisioaal Officers (Civil) in Haryana. 3. The Registrar. Punjab & Haryana High Court Chandigarh and All District and Session Judges in Haryana. . Dated Chandigarh, the 25-1-83 Subject:— Issue of Scheduled Castes/Scheduled Tribes Certificate to'eligible persons.

Sir, ■ -V- I am Directed to refer to the subject noted above' and, to say chat it has been brought to the notice of the Govt. that some persons professing religion other than Scheduled Castes/Scheduled -Tribes had managed to secure Scheduled Castes Certificates on the plea that their caste found a place in the Presidential orders notifying the Scheduled Castes and"Schedule Tribes. This has resulted in some persons availing the benefits meant for Scheduled Castes and ScbeOuled Tribes on false pretexts. After careful consideretioa it is hereby clarified that a Scheduled Castes Certificate con be issued in favour of persons prcfessing Hindu' or Sikh religion only. ' 2. Similarly, there were instances where some of the persons bad get the Caste Certificates on the basis of their marriage to a spouse belonging to Scheduled Castes/Scheduled Tribes. According to the guiding principles, the status of a persons not belonging to Scheduled Caste/Scheduled Tribe is not changed l:y virtue of his/her marriage to a person btlonging -to Scheduled Caste/Scheduled Tribes. So. it is also clarified that while issueing such a certificate, these..instructions may strictly to adhered to. Youts faithfully, Sd/- - For Commissioner and Secretary to Government, Haryaua, Welfare of Scheduled Castes & Backward Classes Department. U.O. No. 4/76/78-SW(l) Dated Chandigarh, the25-l-83. I?orm; of Certificate to bs produced .by. a ..caudidate belong ..to .a Scheduted, Caste,.or Scheduled Tribes in support of his claim.

; - FORM OT CASTE CErTHICAIE This i? to ceV ify thai Shri/SlirimatiyiCumari^ — — — -Son/daughter of — of village/town

in district/Division of the State/Union Territory : — — belonging to the ^ r—-caste/Tribe which is. recognised as a V Scheduled Castes/Sclteduled Tribe. 'n Under :—

The Cinstitution (Scheduled Castes) order. 1950. The constitutibu (Scheduled Tribes) order, 1950. ' ,

The,, constitution (Scheduled Caste Union Territories) order, 1951. The Constitution (Scheduled Tribes)(^nion Territories) order, 1951. , . (As amended by the Scheduled Castes and Scheduled Tribes lists (modification) order, 1956, the Bombay Reorganisation Act, 1960. The Punjab Reorganisation Act, 1966, the State of Act, 1970 the North Eastern Areas (Recorganisations) Act, I97I and the Scheduled Castes and Schedultd Tribes orders (Amendment Act, 1976).- The constitution(Jammm tfe Kashmir) Scheduled Castes order, 1956. The constitution (Andaman and Nicobar relands) Scheduled Tribes order, 1959 as amended by 'Scheduled Castes and Scheduled Tribes order (Amendment) Act, 1970. The Constitution (Didra and Nagir Havali) Scheiulcd Castes order, 1962. . The Constitution (Dadra an 1 Nagar Havali) Scheduled Tribes order, 1962."

The Constitution (Pondicherry) Scheduled Castes cider, 1964. The Constitution (Sche-ulcd Tiibes Uttar Paradesh) 1967. The Constitution (Coa, Dahao and Diu) Scheduled Castes order, 1968. The Constitution (Coa, Dahtn aid Diu) Scheduled.Tribes order, 1968. - . ■ The Constitution (Nagaland) Scheduled Tribes order, 1970.:*

The Constitution (Sikkim) Scheduled Tribes order, 1978. The Constitution (Sikkim) Scheduled Castes order, 1978. j This Certificate" is issued on the basis of the Scheduled Castes/Scheduled Tribes Certificate issued' to Shri/Smt. ^ ^ ^father/mother of Shri/Smt./Kumari " • : ^ of village/town recognised as Scheduled Caslos in the. State/Unipn/Tcrritory-

Scheduled Tribes ' •'the—^ ■(Name of prescribed authority). .(er No.- dated Shri/Shrimati/Kumari- -and or his/her family ordinarily reside(s) in village/town — of- District/Division of the State/Union Territory of Signature Designation (with seal of. office)

Place- -State/Union Territory. Date- Delete the paragraph which is not applicable. Please delete the words which are not applicable. / Please quoe specific pres inential order. C: Note: The term "Ordinarily reside(s) used here will have the same meaning as in section 20 of the Representation of the peoples Act, 1950. **Distt. of authorities empowered'to issue Scheduled Castes/Scheduled Tribes Certificate i — Magistrate 1st Class/G.A. to D.C. now rede signated as City Magistrate. .

Copy of lettei No. 22/10/83-3GSIII dated 26th July, 1983, from the Chisf Secretary to Govt., Haryana to all Heads of Departments in Haryana Commissioners, Ambala and Hisar Division, all Deputy Commissioners arid Sub-Divisional Officers (C) in Haryana. The Registerar Punjab and Haryana High Court, Chandigarh.

Sir, In continuation of Haryana Govt. letter No. 24/17/80-3GSIII, dated 16-12-80 regarding reservation of posts forthe Physically-Handicapped persons in Haryana, Iam directed to say that the State Govern ment has further decided to reserved 2%• posts in class I, II, III, IV, posts in direct recruitment for the children and grand children of Freedom Fighters subject to the condition that these 2% posts will be availableK)r Freedom Fighters and their children and grandchildren only, if the quota reserved for Ex-servicemen, remains unfilled due to non availability of suitable Ex-servicemen, or their depen -i- dents. This benefit will available to all grand children i.e. sons and daughters of sons and daughters (paternal as well as maternal) of the Freedom Fighters. 2. These instructions may be brought to the notice of all concerned for-compliance. WELFARE DEPARTMENT HARYANA Endst. No. EC—3/04/15309-22 Dated Chandigarh, the 8-8-84 A copy forwarded to the following for information and necessary action', 1. Deputy Director (?) Head Office. 2. All District Welfare Officer, in Haryana St..te. 3. Principal, Pre-Examination Training Centres Ambala, Rohtak and Bhiwani. Sdj— Statistical Officer, for Director, Welfare of Sch. Castes and Backward Classes Department, Haryana,. Copy of letter No. 22/40/83-GSIII dated'9th _Septe^er,^8^ from the Chief Secretary to Govt. Haryana to all the Heads of Deptts. Com'm'isiioners 'Ambala~& Hisar Division, All Deputy Commissioners and sub-Divisional Officers (Civil) in Haryana. The Registrar, Punjab and Haryana High Court and all District & Session Judges in Haryana." r

Subject: ^Reservation of work-charge posts for the Schedule Castes, Backward Classes, Ex-scr?iceman and Physically handicapped.

Sir, I am directed to state that the question whether the benefit of reservation should be given to the reserved categories of persons in respect of work-charged posts, also, has been engaging the attention of the State Govt. for some time past. It has now been decided that the work-charged posts should also be reserved for these persons as under (a) For Scheduled Castes 20% ' ^ (b) For Backward Classes 10 % (c) For Ex-servicemen ■ 12% (d) For physically liandicapped i.e. the blind, ■ 3%(i%for oach category) the deaf & the Orthopadically handicapped. The other instructions issued vide circular letter No. 24/17/80-3GSIH dated 16-12-80. Will also apply to the reservation of work-charged posts. t 2 These in-tructions may please be brought to the notice all concerned for compliance.

WELFARE department, HARYANA Endst. No. BC/SA/83/ , Dated Chandigarh, the A copy is forworded to the following for information and necessary action. " 1. All the District Welfare Officer, in Haryana State.

■) Principal Pro-Exainination Training Centre., Ambala, Rohtak and Bhiwani. / Sdf- ^ Statistical Officer, fbr-Dlrcctor, Welfere of Scheduled Castes and Backward Qasses Department, Hr. Chandigarh.

^ No. 4/76/78-SW (I)

From The Commissioner & Secretary to Govt, Haryana, Welfare of Scheduled Castes & Backward Classes Department.

To All the Heads of Departrnents in Haryana and Commissioner Ambala/Hisar Division. All the Deputy Commissioners and all the Sub-Divisional Officers (Civil) in Haryana. The Registrar Punjab and Haryana High Court at Chandigarh. Dated Chandigarh, the 13-9-84. Suhicct —Verification of claim of candidates belonging to Scheduled Castes and Scheduled Tribes and migrants from State/Union Territories Form of Certificate Amendment to.

sir. I am directed to refer to Haryana Government .circular letter No. 4/76/78-SW (I) dated ISfU 10- August, 1983 on the subject noted above'and to say that the form of Scheduled Castcs/S{jheduled Tribes certificate enclosed with the aforesaid letter for migrated persons has been further revised con sequent upon coming into force of the Scheduled Castes and Scheduled Tribes orders (Amendment) Act, 1976 and kepping in view the difficulty being experienced by the persons belonging to Scheduled ' Castes and Scheduled Tribes in obtaining community certificates on migration from their States of origin to another for the purpose of employment education etc. the revised caste/tribe fj-om of certifi- I cate is enclosed herewith which will be applicable to both migrated as well as Slate domicile person. The instructions issued by the State Govt. from time to time on the subject regarding pioper • verification will continues. It is however clarified that the Scheduled- Castes/Scheduled Tribes persons on migration from the state of his origin to another state will not less his status as Scheduled Castes/ Scheduled Tribes but he will be entitiled to the concessions/benefits admissible to the Scheduled Castes/ Scheduled Tribes from the State of his origin and not from the state where he has migrated. 2. All the competent authoiities in the State are hereby advised to issue the Scheduled Castes/ Scheduled Tribes certificates on the revised form which will bb applicable for both state as well as migrated persons hendeforth after satisfying themselves of correctness of the certificate after proper verification based on average records. The list of the competent authorities empowered and incorpcrated the form may please be followed strictly.

Sd Deputy Secretary for Commissioner to Secretary to Govt. Haryana Welfare of Sch. Castes & Backward Classes - Deptt.

Form of certificate to be produced by a candidate belonging to a Scheduled Caste or Scheduled Tribes in support of his claim.

FORM OF CASTE CERTIFICATE

This is to certify thot Shri/Slirimati/Kumari- -son/daughter of of village/town -in District/Division- of the State/Union Territory belonging to the— ———— Caste/Tribe which is recongnised as a Scheduled Caste/Sceeduled Tribe. 4- Under :— The constitution (Scheduled Castes) order, 1950. The constitution (Scheduled Tribes) order, 1950. The constitution (Scheduled Caste)(Union Territories) order,. 1951. The constitution (Scheduled Tribes) (Union Territories) order, 1951. (As amended by the Scheduled Castes and Scheduled Tribes lists (modification) order, 1956, the Bombay Reorganisation Act, l'96d.., The Punjab Reorganisation Act, 1966, the State of Himachal Iradesh Act, 1970 the North Eastern Areas (Reorganisations) Act, 1971 and the Scheduled Castes and Scheduled Tribes orders (Amendment). Act, -1976. The constitution (Jammu & Kashmir) Scheduled Castes order, 1956. The constitution (Andaman and Nicobar relands) Scheduled Tribes order, 1959^asamended by .Scheduled Castes and..ScheduledTribes Order (Amendment) Act, 1^70.'4 •u

The constitution (Dadra and Nagar Havali) Scheduled Castes order, 1962. The constitution (Dadra and Nagar Havali) Scheduled T;ibc3 order, I9si2. The constitutions (Pondicharry) Scheduled Castes order, 1964. The constitutions (Scheduled Tribes),(Uttar Paradesh,) 1967, The constitution (Goa Daman and Diu) Scheduled Castes order, 1960. The constitution (Goa Daman and Diu) Scheduled Tribes order, 1968.

The constitution (Nagaland) Scheduled Tribes order, 1970. The constitution (Sikkim) Scheduled Tribes order, 1978. S 1 The.constitution (Sikkim) Scheduled Castes order, 1978. ' - ''

This certificate is issued on the basis of the Scheduled Castes/Scheduled Tribes certificate issue 1 to Shri/Smt. r- — father/mother of Shri/Shrimati/• -t Kutnari ^ of vUlage/towU; ^ in District/Division-- — ' the' State/Union Territoiy ^ who belongs to the Castes/Scheduled Tnbes which is recognised, as a Scheduled Caste/Scheduled Tribes in the State/Union Tenitory - issued by the — ■ , (Name of prescribed authority) vide their No. — Dated — . Shri/Shrimati/Kumari ^ — —and of his/her family ordinarily residence in village/town^ —— ^ ^ ;— of i District/Division State/Union Territory of-

Signature— Designation- (with Seal of Officer) State/Union Territory-

From-

To— Delete the paragraph which is not applicable.

Please delete the words which are not applicable.

Please quote specific presidential order. ;—The term ''oidinarily reside(s) used here will have the same meaning as in section 20 of the Rsprcsentation of the Peoples Act, 1950. List of.authorities Backward to issue Scheduled Castes/Scheduled Tribes Certificate : •

Magistrate Irt C!ass/C,A. to DC now redesignated as City Magistrate. 12

No.. 22/67/81-3GS Ul From The Chief Secretary to Government, Haryana To All Heads of Departments, the Commissioner, Ambala and Hissar Divisions, All Deputy Coramissiouerj, and Sub-Divisional Officer (Civil) in Haryana. - 2. The Registrar, , Punjab and Haryana High Court, Chandigarh and AllDislt. and Sessions Judges. Haryana. Dated Chandigarh, the 15th July, 1985. Subject :— Reservation benefits—Extension of the same to Scheduled Castes, Backward Classes, Ex- ^ servicemen and the Physically handicapped persons only who are domiciles of the Haryana State. Sir, lam directed to rCiCr to circular letter No. 6880-SW-I-71/1051-52, dated 20-1-1972, issued by the Commissioner and Secretary to Government, Haryana, Social Welfare Departmeni (copy enclosed) vide which the reservation benefit was given only to those Scheduled Castes and Backward Classes members who were the domiciles of the Haryana State and not to those belonging- to other States. 2. The question regarding giving the benefit of reservation to those Ex-servicemen and Physically,.handicapped persons who are domiciles of Haryana Stote was under consideration of the Government. After carefully considering the matter, it has been decided by Govern ment to grant- the benefit of reservation to only those ex-servicemen and Physieaily handicapped persons who are domiciles pf the Heryana State and not to others. The benefit of reservation to Scheduled Castes and Backward Classes persons is already available only to those who are domiciles of Haryana State under instrvctions reffered to above. 3. It is requested that these instructions may kindly be brought to the notice of all concerned and the receipt of the same may kindly b3 acknowledged.

Yours faithfully, Sdi— Under Secretary General Administration, .-l /or Chief Secretary to Government, Haryana.

No. 22/46/85-3GS HI From The Chief Secretary to Government, Haryana. To ). All Heads of Departments, Commissioners Hissar and Ambala Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana State;

2. The Registrar, . / Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd August, 1985. Subject IRescrvatlqn of,posts for Scheduled Castes, Backward Classes and Ex-servicemen under the services of Haryana State-Clarifications relating to para 1(1) of the instructions dated 9-2-79. 1 3 I

Sir, 1 am directed to invite your attention .to the Haryana Govt- instructions issued vide letter No. 38/20/79-2GSI, dated 9-2-79 on the above subject and to say that the matter about the mter- nretation of para 1(1) of the instructions has been engaging the attention of the Government for quite some time. Patal(l)(i) of the instructions provides for the quantum of reservation for Scheduled Castes, Backward Classes and Ex-servicemen in the services of the Haryana btate. fara Ifl)fii) provides for the roster to be prepared for filling up the posts reserved for these ca^- fiories. It has further been stated "that the benefit of reservation will be given till such time the number of employees belonging to reserved categories in each cadre/grade does not come up to the prescribed percentage." 2 It has been brought to the notice of the Govt. that in some cadres, prescribed percentage of the reserved cmgories has been reached at certain point of reservation. Clarifi cation have been.saught as to whether the roster would continue to be followed when the prescribed percentage of reserved categories has been reached. After careful examination of the metter it has been decided that roster will not be followed at the roster point where tne .\ prescribed percentage of reservation of that particular category has already been reached. That roster point of reservation will be extinguished. The roster shall, however, be revived as soon as the percentage of reservation falls belows the prescribed percentage._ The roster will be revived at the next point of reservation and in case, if at ttie next point also, there is an excess in the reservati-in percentage, the revival of the roster will be postponed to the '4 next point of reservation and so cn. 3. These clarification slnuU be brought to^ tlic notice of all concerned for compliance.

Yours faithfully, Sd/- Under Secretary General Administration, Jor Chief Secretary to Government, Haryana.

NO. 22/20/83-3GSm

From The Chief Secretary to Government, Haryana.

To 1, All Herds of Departments in Haryana, Commissioners, V Ambala and Hisar Divisions, All Deputy Commissioners and S .D.O.s (Civil) in Haryana. 2. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh the November 26, 1985. Subject : Extension of concession of reservation in direct appointments of freedom fighters and their children/grand children.

Sir, I am directed to invite your attention to Haryana Government letter No. 22/20/83-3GS1II, dated the 26th July, 1984 on the subject noted above wherein it was decided to reserve 2% posts in Class- I IT, III and IV posts in direct recuitnient for the children and grand, children of ffeedom fighters subject to the condition that these 2% posts will be available for freedom fighters _ -1 and their children and grandchildren only if the quota reserved foi ex-servicemen remains unfilled due to -non-availability of suitable Ex-servicemen or their dependents and to say that the question of extention of this facility of reservation of pcs^s upto 2% for children and grand children of the Freedom Fighters provided such posts remain unfilled in direct recuitment reserved for Backward Classes had been engaging attention of the Government from some time past. After careful consideration it has been decided to extend further the reservation in •. services in 14

• direct recruitment in Clafs T, II, III and IV to the' extent of 2% for the freedom fighters and their children/grand children subject to the condition that this 2% reservation will be available only if quota reserved for Ex-servicemen or Backward Classes remains unfilled to that extent due to non-availability of suitable Ex-servicemen or their dependents or non-availability of suitable candidates from Backward Classes. Over all reservation either from the un-filled vacancies of Ex-servicemen or from the Backward Classess for Freedom Fighters/their children/grand children will remain limited to 2% only. This benefit will be available to all grand children i. e. sons and daughters of sons and daughters (paternal as well as matternal) of the Freedom Fighters.

2. These instructions may be brought to the notice of all concerned for compliance.

Yours" faithfully,

Sd/- Under Secretary-General Administration, ' ^ for Chief Secretary to Government Haryaua. No. 22/43/86-3GSIII / | From _ • '■■r The Chief Secretary to Government, Haryana,

To 1. All Heads of the Department,s Commissioners, Arabala & Hisar Division, All Deputy Commissioners and Snb-Divisional Officers (Civil) in Haryana States.

2. The Registrar, Punjab and Haryana High Court, Chandigarh.

Dated, Chandigarh, the 30th July, 1986. Subject i Reservation of posts for Scheduled Castes, Backward Classes and Ex-Servicemen in the service of Haryana Government.

Sir, I am directed to invite your attention to para-2 of the Haryana Government letter No. 83/ 20/78-2GSI, dated 9-2-79, on the above noted subject which Inter-alia provides that if the candidates ^ of reserved categories are not available despite issue of two 'advertisements by the Haryana Pub'ic Service Commission/Subordinate Services Selection Board then these unfilled reserved posts shall be re-advertised for the third time and if suitable candidates belonging to the reserved categories are not available, the posts shall be filled up by candidates belonging to the General Category and to say that the matter has been further considared by the Government and it has been decided as follows :

"that if after two advertisements, the candidates belonging to Scheduled Castes are not available the posts will be re-advertised for the third time- indicating that if candidates belonging to Scheduled Castes are not available, these posts will be filled up from among the Backward Classes candidates. Similarly if after two advertisements, the candidates belonging to Backward Classes are not available, the posts will be re-adver tised for the third time indicating that if candidates belonging to Backward Classes are not available, these posts will be filled up from among Scheduled Castes crndidates. If, however, the candidates belonging to the Schednled Castes as well as Backward Classc i arc not available, the posts will be filled up from the candidates belonging to" the General' Category."

2. The above decision be brought to the notice of all concerned working under you for strict complance. 15

3, Receipt of this communitcation may kindly be acknowledged. Yours faithfully, Joint Secretary General Administration fof Chief Secretary to Government, Haryana,

No. 22/86/82-3GSTII

From The Chief Secretary to Government, Haryana.

To

1. All Heads of the Departments in Haryana. Commissioners Ambala and Hissar Divisions, All Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana. / 2. The Registrar, . ^ Punjab and Haryana High Court, Chandigarh, and all District & Session Judges in Haryana.

3. All Heads of Corporations and Boards in Haryana. Dated, Chandigarh the January 7, 1987. Subject Revision of proforma regarding representation of reserved categories for the period ending June-and December each year'

Sir 1 I am directed" to invite your attention to the above noted subject and to f^ward herewith a copy of revised proforma alongwith gui.ieiines]for filling up the revised Pf toScheduled send the Lnes requisite and informationLckward Clas.es relating Department, to your Department Haryana, directChandigarh. to the Director,The information Wellare olis i Thenow halfto be yearly sent informationhalf yearly forinstead the periodof quarterly ending within31-12-86 one shouldmonth beof the"completionsent to the Director. of the Weiperiod. are of SC/BC by 31-2-87 positively.

Yours- faithfully, • Sd/- Under Secretary General Administration, for Chief Secretary to Governm^ent, Haryana.

' ■ -.4^ FROFORMA "1' STATEMENT SHOWING THE NUMBER OF RESERVED POSTS/VACANCIES FILLED FROM THE MEMBERS OF SCHEDULED CASTES/BACKWARD CLASSES/EX-SERVICEMEN AND PHYSICALLY HANDICAPED IN THE DEPARTMENT FOR THE HALF YEARLY ENDING

Shortfall Reasons Class Category Total Number Number of posts/ Number of candidates for of of posts/ vacancies reserved appointed during the posts vacancies according to Roster Half year under report S.C. B.C. E.S.M. P.H. shortfall filled during Register 1st from (4-9) (5-9) (6-10) (7-11) the half yearly under report. S.C. B.C. E.S.M. P.H. S.C. B.C. E.S.M. P.H.

10 11 12 13 14 15 16

f" J .i(i a

proforma 'ii' OVERALL POSITION OF RESERVED CATEGORIES FOR THE PERIOD ENDING tiN- NAME OF Tfife DEPARTMENT/CORPbRATIGN/BGARD

of reserved categones out of column No. 2 and their percentage. Class Total No. of No. of employees ' employees I in S.C. %age B.C. %age E.S.M. %age P. H. Deaf Ortheope- Total %age Position dically. (6+7+ 8) Blind

5 ^6 7 8 9 10 1 , 2 3 4

1—Direct

By Prornotion

H—Direct

By Promotion

ill—Direct

By Promtiori

IV—Direct

(i) Including Sweeper/ Scavengers.

(i) Excluding Sweeper/ Scavengers. ti8

^nfinrr ^TMf^^TFr, | c ,. " • ' ^fwqr I - ' 1 ' ' ^T 5f, ^ ffT^5R:, , ■ ■ ^ftinuTT- TT^iT Jr i f. ^.-1/987/30602-43 ' '"' ; f^TTi^: 18-11-8 7 ■' ^ . 5n%^Tt/pT0t ^^/^?^ ^ si^nr s^rf^cnfr arnsnr. skr ^ if fr^ - ■

^/- .■^ ^?iqr, r- qq^fqq qfrfqqr i^q fq^^f qq qr?qnir fqmq, ^frqrqr 1

No. 22/2/87-3GS.III,

From Tli6 Chief Secretary to Government. Haryana. To i. : -• All Heads of Departments in Haryana, T- :• Commissioners Ambala and Hisar Divisions ■ ^ ; j All Depjuty Commissioners & Sub Divisional Officors (Civil) in Haryana. 5/• The Registrar, V ^ « '= ■ Punjab and Haryana Hjgh Qourt, Chandigarh. • • • > Dated,'.Chandigarh, the 11-8-88."' ■■.

Subject :— Reservartion of posts for Scheduled! Castes, Backward Classes^ Ex-Scryiccm'en and physically handicapped in the service of Haryana State. 1;9

.?ir> ~ .'-i 1 . «- • . - . .. % • . . I . . ■ "i ' 'r. •_;i ; T am directed to invite, your attention to Haryana Govt". letter Noi'38/20/78-2GS-I dt.'9-2-79'on .the aboye subject wherein it has been provided in para 1(6) that the benefit of reservation is .not to be made available where promotion is to be given on the basis,of sehiority-cum-fitness.' This,matter.h^S been re-cosidered by Govt. and it has been felt that there is at present" ho justification for dettyirig the benefit of reservation in cases where basis of p.romotion is seniority cum-fitness. It has therefore been decided to delete the para 1 (6) of thejasts. with immeQiaie ertect,._so tnai the reserved-categorv emp loyees may get iKe.ir due-.share in promotion iiTespective of basisof promotion. 2. It is, however, stated that in a case in the Supreme Cojrt with respect to insts. dt. 9-2-79. the Sup reme.Court has ordered that all promotions made will be subject to the result of the writ petitions .These Orders.'of the Supreme Courfhave"..been .conyiyeJ to all Headj of Departments for compliance vide Govt'. 'letter No. .72/67/83-3GS-III"dt. 23=10-84. It has also been decided that all promolions here-in- aftcr made (after deletion of para l(^) will allso be subject to the decision of the writ petitions by the Supreme Court. 3. These insts. may be brought to the notice of all concerned working under your for compU- ance. ' • ^ '4 Receipt of this commuication may kindly be acknowledged. -

Yours faithfully, Sd/- Under Secretary, General Administration for Chief Secretary to Government, Haryana.

No. 22/31/89-3GS-m

From - - V,- The Chief Secretaryto Govt. Haryana.

To 1; All Heads of Departments, Commissioners, Ambala & Hlsar Divisions, All Deputy Commissioners and the SDOs (civll).^in Haryana State. -> . 2. The Registrar, . ' . . . • c: ' . Punjab & Haryana High Court, Chandigarh. ' " - ■' ' ,Dated, Chandigarh the 7th July, 1989. :—Resrvatlon clearins of shortall in the reserved vacancies. '

air, ■ I am directed to invite your attention to the aboye noted subject and to say that it -hhs 6pme'to ; the notice of Govt. that the representations of the members of reserved categories in the -services' is ' not upto the prescribed-percentage and shertfall continues. Gpvt. have considered the -matter andlfeel that strenuous efforts are required to bs'made to fill in the vacancies meant for rwerved categories^so that the back-log of-thc reserved'vaeancies is cleared. It has accordingly been .decided that action .as /' under be taken :— - ■ i • . - . .:a ..^ (i) The departments shall work" out the No. of reserved posts, which are vacant as oh 30:6-89'in bach category of services and requisition thereof shall be sent to HPCS/SSSB' or any' other recruitment • agency, under the service rules within a period of one month. The HPSC/SSS Board-or'other.fecriiit- ! -ment agency shall advertise the vacancies immediately under the special " recruitment, drjve. and- after completing all formalities would recommend candidates within three months." ' -00 • The. relaxation in. ban on recruitment in respect of reserved posts is granted. •-20

(iii) tfhe vacancies meant for all reserved categories i.e. SC/BC, "ESM and phyically handicapped , shall be filled in under this special drive recruitment. %. Yoli are requested,to take necessary action accordingly and adhere to the schedule given - above. 'Any default thereof will bs seriously viewed.

•Yours faithfully, -

■Sd/- Joint Secretary, General. Administration, '/or .ChieT.Secretary to Government, Haryana.

No. 22/28/89-3GS-m / 'V i -r- From The Chief Secretary to Govt. Haryana.

to

1. All Heads of the'Dcpartments, Commisssioners, Ambala and-Hisar Divisions, .All Deputy' Commissioners and Sub-Divisional Officers (Civil) in Haryana State. 2. Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh the 7th ^SeptemfecrT^SS?.

Subject ^ Ban on desorvadoa in direct recruitment to vacancies under the Government.

Sir, T am directed to refer to Haryana Govt. instructions -t 1. 38'20/78-2GS-n dt. 9-2-79 .noted in the margin regarding reservationof posts forSchc- 2. 4/12/79-3GS-III dt. 18-9-79 dulcd'Gastes, Backward. Classes, Ex-Servicemen and physically 3. 4/20/79-3GS-III dt. 8-5-80 handicapped persons in the service of the Haryana State and 4. 24/17/80-3GS-III dt. 16-12-80 to say that with a view to protecting the iutrest of SC/ST 5. 22/46/85-3GS-III dt. 22-8-85 commu- nitics.and to.ensure that the posts reserved for them 6. 22/2/87-3GS-III dt. 11-8-88. are filled up only by candidates belonging to these •communi ties. Government has decided that were candidates belonging to Scheduled Castes/Scheduled Tribes are not available to fill up the vacancies reserved for them indirect 'recruitment, inspite of required number of advertisements i. c. two/three advertisements, Uhe-.vacancies^shall inot be.fillcdMip by candidates other than .belonging to these.cjomuiunities. This w.ould^meanithat there.will be-QO-dereservation of vacancies,meant/for .Scheduled -.Castes/Scheduled jThb€s.to..be;fiUcd in by direct,recruttment. Jhis.dccision-wiU.be.applicabb.onrthe.vacancies jneantYor Scheduled.Castes/Scheduled .Tribes .existing.on and?arising after ,1-4^9.

2. It has further been decided that in case of direct lecruitmont to the vacancies meant ;Tof Schedu le Castes and Scheduled Tribes in Cla

0 . Receipt of this Communication may kindly be acknowleged.

Yours faithfully,

Sd/-

Under Secretary, General Administration for. Chief Secretary to Government, Haryana.

No. 24/1/90-305111

From The Chief Secretary to Gpverument, Htryana,

To 1. All Heads of Departments, Commissioners, Ambala and Hisar-Divisions,. AU Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana State.

2. Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 20th Feb., 90. :-RescrTation of posts for the Physically Handicapped persons in Class-I and H posts nndcr the services of Haryana State.

Sir, . i6 12 80 'reTarmi;^='rtlerV\tfot;f%osf^rrchfdS ^C°ias^'PsSeo':'Sj persons in Class-I and II posts to be filled up by direct recruitment as follows . ■ For Physically Handicappel Al°° persons (the blind, the deaf . m Class-I and II posts), and the orthopaedically handicapped). ' . , ■ 2 this reservation will, however, not be applicable to ClassJ and II posts In PolicvHome Guards and Fire Services Departments. 3. These instiuctions should be brought to the notice of all concerned working under you for inform'atiou and .necessary action. 4. Receipt of this communication may please be acknowledged.

Yours faithfully, Sd/— Under Secretary, General Administration, for Chief Secretary to Government, Haryana. 22 No'.'22/15/90-3GSlri -

From >The Chief Secietary to Govt.', Haryana.

To 1. AU Financial Coiumissiouers, Commissioners and all Administrative Secretaries to Govt. Haryana.

2. All H^ads of Departments, Commissioners of the Divisions, all Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana State. 3. " The Registrar, Punjab & Haryana High Court, Chandigarh. . . Dated, Chandigarh, the 7-6-90 Subject:—Oral Examination by the Haryana Vidhan Sablia Committees and Supply of information. j -i-

Sii, • " I am directed to invite your attention to the subject noted above and to say that the Committee of Haryana Viddan Sabha on the . Welfare of SC/ST has observed in its 15th Report that ofScers while coming for. oral.examination be'pre the Committee do not come well prepared for oral examination. This is a serious matter and Govt. views it with concern. 2. You are therefore, requested to ensure that officers who appear before the Com mittees of Haryana Vidhan Sabha for oral examination go fully prepared and well acquiuted with the background of the matter alongwith all relevant record. 3. The Committee haj also pointed out the Departments do not send the information J asked'for by it in tinie. and repeated reminders have to be issued. 'You are requestei ensure that ^ requisite information is supplied to the Committee on priority basis. 4. Any disregard of these instructions in future will be viewed seriously.

.Yours faithfully, i Sd/— Unuer Secretary, General Administration for Chief Secretary to Govt., Haryana.

Copy ofletter No. 12025/14/90-SCD (R.L. Cell), dated 16th August, 1990 from Shri Mata Prasad, rAd.ditio^al-Secretary to Goverument of India .addressed to the Chief Secretary to all State Govern- racnts/U.T. Administrations and others.

Subjedt :—Avoidance of the terms like 'Harijan and Girijan' in respect of Scheduled Castes and Scheduled Tribes in official matters, dealings etc.

I am directed-to refer to" the Ministry of Homo Affaires letter No. 12025/<14/80-SC & BCD. 1/IV, dated 10-2-82 addressed to all the State Govemment/U.T. Administrations in which a request made to issue instructions to .the certificate issuing authorities not to insert the word 'Harijan* or jGirijan* in tHe 'Scheduled Caste/Scheduled . Tribe certificates, but to mention only the name of the Caste/Tribe to which the persons' belotigs. The Ministry of Information & Broadcasting was also requested vide letter No. 12025/44/80-SC & BCD. I/IV, dated 1-2-82 to use the terms'Scheduled r

23 " %

Castes' and'Scheduled Tribes' instead of'Harijan' and 'Girijan' re.pcctively in Engl/sh and their appropriate translation in other national languages in public mass media. On requ'^st by the Ministry of Home Affairs(now Ministry of Welfare) vide its letter No. 12025/17/82-SC a BCD. IV/I, dated 19-10-82 to the erstwhile Min'stry of Education and Culture (now Human Resource Dcve\opment), It was brought to the notice of.all the educational institutions under their control regarding the use of the terms Scheduled Castes and Scheduled Tr.ibes instead of the terius Harijan and Girijan in the School Leaving Certificates. 2. It has been represented from tirhe to time by the various Organisations/Associations working for the welfare of Scheduled Caste and Scheduled Tribes that many State Governraents/U.T. Administrations use the words 'Plarijan' and 'Girijan' in official matter dealings, etc. These origanisations have represented that the words 'Harijan' and 'Girijan' are derogatory and ttiese words are often used for denoting Scheduled" Castes and - Scheduled Tribes ' by all the Government agencies. In this connection, it is clarified that nowhere in the Constitution of. India the words Harijan and Girijan are usei for denoting Scheduled Castes and Scheduled Tribes respectively. In so far as the comninities scheduled in the Presidential Orders of 1950 and; 1951 are conce ned, the tertm Scheduled Castes and Schedu'ed Tribes are invariably used. The use of any other term may inroduce ambiguity, apart from producing a feeling of resentment in the minds of conscious members ( of Scheduled Castes and Scheduled Tribes. . . ' j 3. In view of the position explained above, it is requested that for all official transactions, matters, dealings, certificates etc., the Constitutional terras Scheduled Castes and Scheduled Tribes in/ English and their.appropriate translation in other national Jarguages should alone be used for de noting the persons belonging to Scheduled Castes and Scheduled Tribes included-in the Presidential Orders mentioned above and for referrmg to those castes and tribes-. The • State Governments/U.T. Administrations are also requested that ih-the names of the Departments which are in overall charge oftlie development/welfare of Scheduled Castes and Scheduled Tribes, whercevef terms like •*Ha^ijan^ and 'Girijan' are used, the Constitutional terms' Scheduled - Castes' and Scheduled Tribes-be.- substituted.

No. 22/43/90-3GSIH

Fro ni

To" • \ The Chief Secretary to Government, Haryana.

1* All Heads of Departments,Commissioners, Amba'a, Hisar, Rohtak and ^ (CivilyinGurgaon HaryanaDivisioiij, State. All Deputy Commissioners and Sub Divisional Officers 2. The Registrar, •- ' Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 21 Nov., 1990. Subject :—Avoidance of the .terms like 'Harijan' and 'Girijan' lu 'respect of Scheduled Castes and 4 Scheduled Tribes In official matters, dealings etc.

Sir, I am directed to invite your attention to Haryana Government letter No. 22/67/81-3GSIXI Dated 3rd May, 1982, in which instructions were . issued not to insert the word 'Harijan' in the Scheduled Castes/Schebuled Tribes certificate, but. to mention only the n.irae of caste to which the person belongs. The Government of India, Ministry of Welfare has further issued instructions in the matter vide letter No. 12025/1 ■V90-SCD (R .L. Cell) dated I6th August, 1990, a copy of which is sent herewith for information and strict compliance. Youjs faithfully - - Sd/. Under Secretary,- General Administration Chief Secretary to Government, Haryana.' 24

No.22/l5/90-3GSin

From The Cliief Secretary to Govt., Haryana. '

To 1. All Heads of Departments, Commissiouers of the Divisions, All Deputy Commissioners and Sub-Divisional Officers (Civil), in Haryana Sl^te.

2. The Registrar,.Punjab and Haryana High Court, \ Chandigarh.

Dated, Chandigarh, the

Grant of reservation benefit to Scheduled Castes and Backward Classes canlidates in the adhoc/daily wages appointments.

Sir, , I .am directed to invite your attention, to Haryana Govt., letter No. l549-2GSr.Il77, dated 5-4:77,on the above noted subject and to say that under these instructions the reservation benefit in the appointments to casual labour appointed on daily/monthly basis has been allowed to the SC/BC categories. With regard to the grant of reservation benefit in adhoc appointments attention is invited to instrucations issued.,vide No. l202-2GSt-75/11267, dated 30-4-75(Copy enalosed). 2. It has been brought to the notice of Govt. that thess instructions are not being followed while making appointments on dally/monthly rated basis and on adhoi basis. It is. therefore, reques ted that reservation benefit according to above instructions may be given to the SC/BC candidates while making adhoc/daily/monthly wages appointments. 3. These instructions may be brought to the notice of all concerned for strict compliance.

Yours faithfully, Sd/- Under Secretary, General Administration, for Chief Secretary to Govt., Haryana.

No. 22/36/90-3GSII1

From The Chief Secretary to Government, Haryana,

To 1. All Heads of Departments, Commissioners Arabala, Hisar, Rohtak and Gurgaon Divisions, all Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana State.

2. The Registrar, Punjab (£ Haryana High Court, Chandigarh.

Dated Chandigarh, the 24th January, 1991. Subject Reservation of posts for Scheduled Castes, Backward Classes, Ex-servicemen and Physically Handicapped persons under the services of Haryana State. 25

Sir, I am directed to invite your attention to Mary ana Govt. letter No. 38/20/78-2GSI/dated 9-2-79 and No. 2-1/17/80-3GSIII, dated 16-12-80 on_ the above noted subject and to state that with a view to consolidate the reservation points given in various instructions in a block of 100 -posts in Class III and IV in a cadre, Government after consideration have decided that in a block of ICQ posts of Class III and IV in each cadre, the following posts will be reserved for -persons belong ing to the categories of Scheduled Caste, Backward Class, Ex-servicemen and Physically Handicapped persons :— (a) For persons belonging to Scheduled Castes (for direct recruitment and for promotion to Class HI and Class IV posts on the basis of selection from a slab of 3 officials). 4-8-14-I8-:d-28-3.4-38-42-50-54-58-64-68-74-78-84-88-94 and 100. (b) For persons belonging to Backward Classes (for direct recruitment and for promotion Class III and Class IV posts on the basis of selection from a slab of 3 officials) 10-16-22-32-46-56-70-76-86 and 96.

(c) For Ex-servicemen (for direct recruitment to Class III & IV post) 2-6-12-20-30-36-40-44-48-60-62-66-72-80-90-94 and 98. /(d) For Physically Handicapped persons (for direct-recruitment to Class III and IV posts) 26-52 and 82. 2. The instructions should be brought in the notice of all concerned working under you for strict compliance. 3. The receipt of this comrauuication may be acknowledged. Yours faithfully, Sd/- Under Secretary, General Administration, for Chief Secretary to Government, Haryana.

No. 22/36/90-3GSIII '

From The Chief Secretary to Government, Haryana.

To . 1. All Heads of Departments, Commissioners Ambala. ilissar, Rohtak and Gurgaon Divisions, All Deputy Commissioners and Sub-Divisional ► Officers (Civil) in Haryana State.

2. The Registrar, ' Punjab & Haryana High Court, Chandigarh. Dated Chandigarh, the 24th January 1991. .

Subject' Reservation of posts for Scbedu'el Castes, Backward Classes. Ex-servicemen and Physically Handicapped persons under the services of Haryana State. Sir, 1 am directed io invite your attention to Haryana Government letter No. 38/20/78-2GSI dated 9- 7-79 and No. 24/17/80-3GS/ni dated 16-12-80 on the above noted subject and to state that 26 after providing the reservation benefit to physically handicapped persons in direct recruitment in Class I and Class II post vide letter No. 24/1/90-3GS III dated 20-2-90 the posts to be reserved for this category as well as for Ex-serxicemen in a block of ICQ posts in CIass I and Class-II in a cadre required some modifications. Government after consideration have directed that henceforth in a block of 100 posts of Class-I andClass-II in each cadre the following posts will be reserved for persons belonging to the catogaries of Scheduled Castes Backward Class Ex-servicemen and physi cally Handicapped persons in mocifications of instruction dated 9-2-79 and 16-12-80.:— (a) For persons belonging to Scheduled Castes (For direct recruitment to Class-I and Class-II posts). 4-8-14-18-24-28-34-38-42-50-54-58-64-68-74-78-84-88-94 and 100 (b) For persons belonging to Backward Classes (for direct recruitment to Class-I and Claas-II posts). 10-16-22-32-46-56-70-76-86 and 96. (c) For Ex-servicemen • • . ; (for-direct recruitment to Class-I and Class-II posts). 12-36-48-72 and 98 (d) For Physically Handicapped persons. (for direct recruitment to Class-I and Class-II posts). f. 26-52 and 82. 2. The instructions should be brought in the notice of all conceined norking under you for strict compliance. 3. The receipt of this communication may be acknowledged. Yours faithfully, Sd/- Under Secretary, General Administration for Chief Secretary to Governtncnt, Haryana.

No. 22/36/90-3GS III From The Chief Secretary to Government, Haryana. To 1. All Heads of Departments Commissioners Ambala. " Hisar, Rohtak and Gurgaon Divisions, All Deputy r Commissioners and Sub-Divisional Officers (Civil) in Haryana State. 2. The Registrar, Punjab & Haryana High Court, . . Chandigarh. Dated Candigarh, the 5th April, 1991. Subject',—^Reservation of posts for Scheduled Castes, Backward Classes, Ex-servicemen and Physically Handicapped persons under the services of Haryana State.

Sir, 1 am directed in invite your attention-to the Haryana Government letter No. 22/36/W- 3GSIII, dated 24th January, 1991, on the subject noted above and to say that the roster point No. 94 below the heading (a)'*For persons belonging to Scheduled Castes", in respect of Class-Ill and IV posts may be read as 92. ■2; -This may be brought in the notice of all concerned working under your kind control for"information and necessary action. • " Yours faithfully, Sd/- . Under Secretary, General Administration, 'X for Chief Secretary to Government, Haryana 27

No. 22/22/91-3GSnT

from The Chief Secretary to Government, Haryana.

To (i) All Heads of Dapartments, Commissioner Ambala, Hissar, Rohtak & Gurpaon Divisions, All Depuly Commissioners & Sub-Divisional Officers (Civil) in Haryana. (ii) The Registrar, Punjab & Haryana High Court and all the District & Session Judges in Haryana. (iii) All the Managing Directors/Chief Administrators, Heads of the Boards, Corpora tions. Government Undertakings, Local Bodies in Haryana. . Dated Chandigarh, the 5th April, 1991. r i'Hbyetr.—Reservation of posts for Other Backnard Classes and EconoralcaUy Backward among the ' i forward Classes nnder the services of State of -Haryana.

Sir, In continuation of Haryana Government letter No. 24/17/80-3GSni, dated the I6th December, 1980 and No. 24/I/90/-3GS1II, dated the 20th February, 1990, I am directed to say that the Question of enlarging the scope of reservation to Other Backward Classes in services of the State Government, Govt. Undertakings and Local Bodies has been under consideration of the Government and it has been decided to grant the benefit of reservation in direct recruitment in C!ass-I, 11, III, IV posts to other Backward Clas''es declared vide Haryana Government, Welfare of Schednled Castes and Backward Classes Department, Notifieation No. 299-SW (1) 91, dated ^the 5th/7th February 1991 and also to economically backward among the forward classes as defined vide Harvana Government Welfere of Scheduled Castes and Backward Classes Department Notification No 395-SW(l)-9l dated the 2nd April, 1991, in addition to the existing reservation in favour of Scheduled Castes Biekward Classes Ex-servieemen and Physically Handieapped persons. The extent of reservation for the Other Biekward Classes and Econgmically Backward among the forward classes will be as follows,— j (a) Other Backward Classes—(i) 26% in Class-I and Class-II posts (ii) 14% in Class-Ill and Glass-IV posts. (b) EconomicAlly Backward— 5% in Class-I, U, III and" TV posts. among forward classes . ■' • T It has also been decided that-the above benefit of reservation will.not be admissible to those categories of parsons among the Other Backward Classes who have been excluded from

■» * availing the benefits vide Notification No. 396-SW(l)-91, dated the 2nd April, 1991. 3. The point of reservation in a block of 100 posts in each' cadre will be revised accordingly in due course. 4. These instructions be brought to the notice of all concerned for strict compliance.

Yours faithfully,

Sd/-

Under Secretary, General Administration for Chief Secretary to Government, Haryana. 28

.No. 22/32;91-3GSIII

From

The Chief Secretary to Government, Haryaiia.

To . All Heads of Departments, Commissioners. Ambala, Hisar, Rohtak and Gurgaon Divisious, All'Deputy Commissioners and S.D.O.s (Civil) inHaryana State.

The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandjgarh, the I2th" Jane, 1991. Subject'.—Oral examiDation by the Haryana Vidlian Sabha Committee and Supply of infonnatlon,

Sir,

I am directed to invite your a.tteution to Haryana Government letter No. 22/I5/90-3GSTII, dated 7-6-90 on the Subject noted above and to say that the Committee of Haryana Vidhan Sabha on the welfare of Scheduled Castes/Seheduled Tribes has pointed out that some of the Departments had not supplied the required information inspite of the instructions of Government nor come prepared for oral examination for which they had to be orally examined. This is a serious, matter and Government views it with great concern.

2. It is, therefore, again requested that the informaticn asked for by the Committee should be supplied on the Top Priority basis and for oral • examination the officers should go well prepared before the Committee, ' 3, This may be brouglit to the notice of all concerned for strict compliance.

Yours faithfull-^', Sd/- Under Secretary, General Administration,

for Chief Secretary to Government, Haryana. 4 -V

No. 22/22/91-3GSin

From The Chief Secretary -to -Governmentj Haryana.

To 1 . All •• Heads of Departments, Commissioners Ambala, Hisar,- ■ Rohtak and Gurgaon Divisions, All the Deputy Commissioners & Sub-Divisional-Officers (Civil) in Haryana. 2. The Registrar, Punjab and Haryana High Court and all the District & Session Judges in Haryana. 3. All the Managing Directors/Chief Administrators, Heads of Boards, Corporations -4^ Government Undeitakings, Local Bodies in Haryana.

Da_ted,..Chandigarh, the ,.12th Sep, 1991. Subject:—Reservation of posts for f'Other, Backward Classes" and Economically Backward among the forward Classes under the services of State of Haryana. 29

Sir, I am directed to refer to Haryana Government letter No. 22/p/91-3GpT, dated 5th Aoril 1991 on the subject noted above and to say that the question of reservation tor otner Backward Classes and Economically Backward Classes ainong forward classes in the state services is being re-examined and it has been decided that till a fiaal decision is taken, further recruitments may be made aceordin? for the reservation policy of the Haryana Government prevalent prior to the issue of Haryana Goveinment letter referred to above. These instructions should be brought to the notice till concerned for strict compliance.

Yours faithfully, Sd/- Under Secretary, General Administration, for Chief Secretary to Government, Haryana.

1991^ofnnv of nUChief Heads Secretary of dTaartment, to Govt. Caraaissioaers Haryana letter Ambala, No. 24/5/9t/-3GSUI Hisar, Rnhtak dated t,he 22nd November, I Ail Deputy Ormmlssionevs and Snb-Divisional Officers (Civii) m Haryana State and the Registrar, -aJ Punjab and Haryana High Court Chandigarh. SH6;cc/:-Rcservationofpostsforthe physically handicapped persons under the services of Haryana State.

Sir, I am directed to refer to Haryana Govt. Instructions No. 24/17/80-305111, dated 16-12-1980 nnn^t the is identifiedsubleot noted as abovenot suitable in which for oneinteralia category it orhas tfvo been categories provided of the that physmally where inHandi^^^^^ a cadre a nersons the Dost (s) in the cadre reserved for the handicapped persons will be filled in by the nSois' belonmng to the category of E.t-servicemen. Government has ^ further considered the matter and has decided that in the event of non-avilability non suitability of one category of ihv icalirhandicapped person for a post, the same should pass on to the other category of physica ly jin case theof non-availabMSt may lity/nonbe filled suitability in by the of personspersons frombelonging any ofto thethe citMoJvhendiapped of Ex^Smvicemcnpersons may increasewith this, 'at although a gWen the time percentage but the fioverallxed for reservation each category will remainof physically within 3% of the reservation for physically handicapped persons. 2. It is requested that these instructions may be brought to the not/ce of all concerned for strict compliance in future. Welfare Department Haryana, Chandigarh Endst. No. EC-l/Inst.91/31559-62. Dated Chandigarh, the 5/I2/9I A copy is forwarded to:— 1. All Managing Director /Administrator/Board and Corporations in Haryana State. 2. All District Welfare Officer in Haryana State, fdrjnformation and necessary action,

Sdi— for Director, Welfare of Scheduled Castes and Backward Classes Deptt., Haryana.

L 30 No. 22/56/9N3GSIII

From The Chief Secretary to Government, Haryana. TP 1. All Heads of Departments, ComTiissioasrsAmbala.Hisar, Rohtak and Gursaon Divisions, All the Deputy Comnissioners anl Siib-DIvislonil Officers fCivin in' Haryana. • 2. The Registrar, Punjab & Haryana High Court, Chandigarh. Dated Chandigarh, the 23rd April, 1992. Special Recrnifment Drive for clearing of shortfall in the reservej categories. Sir, ■ subject noted above andto torefer state to that Haryana the requiredGovt. letter information of even withnumber reuard dated to nnmhAr6-3-92 on fh. reservednot as on for 28-2-89) Scheduled has notCastes yet andbeen BackwardReceived. YouClasses arc, vacant tCafore, on 7-9-89aga n reqSttedand on to 28 ifndi 9 Q9 eSd "

Yours faithfully, Sd/- Deputy Secretary General Administration, for Chief Secretary to Government, Haryana.

No. 24/l/90-3GSni

Frm

The Chief Secretary to Government, Haryana. -i

To 1. All Heads of Departments, Commissioners Ambala, Rohtak, Hisar and Gureaon H^yanr' Commissioners and Sub-Divisional Officers (Civil) In 2. Registrar, Punjab & Haryana High Court, Chandigarh. Dated Chandigarh, the I4th Oct., 1992. 5Hi;ec/:-Reservation of posts for Physically Handicapped persons under the services of State ^rThrsS^^y^'S^XjefpeLf restTt^n Sir, -vU innn1990, which directediuteraha to providedrefer to reservationHaryana Government for Physically letter HandicappedN^. 24/1/90-303111 per ons dated in Clas^^ 9flth Qass-II posts under the services of Haryana State and to state "that V mat er has furthe^ been considered by the State Government and it has been decided that the reservation ^n services 31 Svntervio^T(Sva' ^'" P°-"^ 2. These instructions should be brought to the notice of all concerned for information ana necessary action. 3. Receipt of this communication may, please be acknowledged.

Yours faithfully, Sd/- Deputy Secretary General Administration, for Chief Secretary to Government, Haryana.

No. 24/1/93-3GSIII ^ From 4 The Chief Secretary to Government, Haryana. ' ^

To 1. All Heads of Departments, Commissioners, Ambaia,, Hissar, Rohtak and Gurgaon Divisions, All the Deputy Commissioners and Sub-Divisional Officers (O in r Haryana. v * 2. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 28th April, 1993. Subject:—Employment of the Physically Handicapped persons in Public Services.

Sir, I am directed to refer to Haryana Government letter No. 24/17/80 3GSIir dated 16-17 and letter No. 24/I/90-3GS HI, dated 20-2-90- on the subject noted above which in^.tlL^ Drovidftdprovided 3%3°/ reservationrft

3. These instructions may kindly be brought to the notice of all concerned workinc. under their control for strict compliance. ^

Yours faithfully, Sd/- Deputy Secretary General Administration, for Chief Secretary to Government, Haryana.' 32

No. 24/I/93-3GSm

From The Chief Secretary to Government, Haryana.

To 1.. All Heads of Departments, Commissioners-, Ambala, Hisar, Rohtak and Gurgaon Divisions. 2. All the Deputy Commissioners and Sub Divisional Officers (C) in Haryana. 3. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated Chandigarh, the 21-1-1994. SHftyec/;—Employment of the Physically Handicapped persons in Public Services.

Sir, { T nm directed to refer to Haryana Government letter No. 24/I7/80-3GSIII It dated 20-2-90 and letter No. .24/1/93-3GSIII dated 20-4-93 on the r' subjec 0 ^ibovent in Class-I II HIprovided and IV3% services reservation and forto statePhysically that Handicappedit has been broughtpersons in direct recruitment in that tbpsp, instructions are not being followed meticulously and no effortsto the notice of Governmentvacancies hatmeaiit for blind, with Servedthe result Ita themany Physically.Physically HandicappedHandicapped ..1 persons, specially the vaca e tt.erefore again stressed that the posts considered suitable ?®'''SwJnX''HScaS be indentified by all the Departments/Boards/Corpoiations/ PuW Undertakings of the State Government and then recruitment be made accordingly as per their share. 2 These instructions may kindly be" brought to the notice of all concerned working under their control for strict compliance.

Youis faithfully Sd/. Under Secretary General Administration for Chief Secretary to Government, Haryana. ^

22/3fe/8 6-3 III

\

2. ^4^ rPlT

4^1; 1994. .3.3 fgna ■ a^TT ^ ^ wKisrir I 'i ^ ' ♦v Cx

m I ^ EITTTT % qfvmwgi 38/20/78-2 ^toi^^ro 1, 9-2-79 nf %^Tr I(II) (^t) ^O 22/46/85-3 3ftoT7?ro'III 22-8-85 SRT <;Trft^ 'ft f?^r!T^ ^ T'cr-z ^ ^ ar.-^rcra'^^ ^ ^ irt t ^tFT^r ^ t fen t" 2. nn^T ^ fe? T?r| f^ aiR^RT qTT ^ =qTT m ^ ^>;rr 1 ^ ntn^ Jf.f^f^irr^in n^T ^n'^r ^ fe^>Rtcr fen ^irar IF^ fei ^ ^ ^ ^ t ^

No. 22/51/93-3 GS-III

From „ The Chief Secretary to Govt. Haryana. To 1. All the Deputy Commissioners in Haryana. 2, All the sub Divisional Officers (Civil), in Haryana. J. Dated Chandigarh, the l?th May, t994.

the candidates.

•Sir. ■ ' - T-am directed to invite a reference to Memo No.£-1/94/1935-2019, dagd 1-2-1994 from the Director,r^- . Welfarew if?r?nf of Sched^^^^^^Srheduled Castes «fe alonUithBackward its Classesenclosures, Department, issued from Haryana. the Government Chandigarh of forwardmgIndia Ministry therewU^ of Personn^^^^ Grievances &(SCT) Pensions dated (Department15-1 1-1993 (copyof Personnel enclosed) & Training).regarding f?r services und.r the' G^oUment of India and the Corporate Bodies thereof. ^ It is clear from the above references, that Government of India has started implementing reservation ofc r»notter touar^Vward Cla^sps forre'peri cffPOsts Otter in Backwarddirect recruitment Classes havefor toCentral be issued Government by tlie • Si^d^aiSrBa™^ a^e^ SSes! "wb^'fe ttertincftr r

34

instructions enclosed. Specimen certificate declaring that a candidate bslongs to 'Other Backward Classes* is enclosed. Application form, common list ofOther Backward Classes' as prepared by the Government of India, already circulated by the Social Welfare Department, Haryana are also enclosed.

Five spare copies for use of-District Revenue Officcrs/Tehsildars (Revenue) are also being sent to Deputy Commissioners alongwith.

Please acknowledge receipt.

Yours Faithfully, / ' Sd/- Under Secretary General Administration-II for Chief Secretary to Govt. Haryana.

No. 36012/22/93-Estt.(SCT) ^ Government of India, Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training. New , Dated the I5thNov., 1993 To The Chief Secretary of all the State Govemraents/Union Territories. Suhyect: Reservation for Other Backw ard Classes exclusion of Creamy Layer for the purpose of appoint ment in services and posts under the Government of India Certificate to be produced by the candidates. Sir, r am directed to say that the Government of India has issued instructions on 8-9-93 providing for reservation to ^Other Backward Classes in the services and posts under the Government of India (A copy of this O.M.is enclosed). The Other Backward Classes for the purpose of the above said reservation would comprise, in the firstphase, the castes and communities which are common to both the lists in the report of the and the State Govemment*s list. A list of such castes and communities was notified in resolution No. 120U/68/93-BCC(C), dated lOth Sept., 1993 published in the Gazette of India. Extraordinary Part I Section I dated 13-9-93. For the purpose of verification of the castes and communities the Government of India has prescribed a certificate from the following authorities as the case of SC/ST vide this department's O.M. No. 36012^2/93- Estt.(SCT). dated 22-10-93(Copy enclosed). (a) District Magistrate/Additional District Magistrate/Colleetor/Deputy Commissioner/ Additional Deputy Commissioner/Deputy Collector/Irt Class Stipendary Magistrate/ Sub-Divisional Magistrate/Talufca Magistrate/Executive Magistrate/Extra Assistant Commissioner (Not below the rank of Ist Class Stipendary Magistrate). (b) Chief Presidency Magistrate/Additional Chief Presidency Magistrate Presidency Magistrate (c) Revenue Officer not below the rank of Tehsildar; and (d) Sub-Divisional Officer of the Area where the candidate and/or his family normally resides, 2. In the light of the Supreme Court's judgement in the Indira Sawhney case, this Depart ment has specified the persons/Sections(Crermy Layer) to whom the benefit of reservation shall not apply vide column 3 of the Schedule to the Department of PersDUael and Training O.M. No." 35 •Knnn'^/O''36012/22/ -- p-C to certifvdated OBCs,8-9-93. statusIt has should been also considered be authorised that theto samecertify authorities that a candidate notified as competent to cemiy i lu reauested that hstructions may be =rr■£?iX£S »=SSSi:..;t.b. ..^1 r.,™. a™.rf ....

"""""

who belong to the creamy lay r for reservation. It would also be advisable to appropriately candidates to ascertain their with sufficient number of copies of the

\ \ a^ll'meaUonJoli'tt: Noti^ 'aad thaDaptt. O.M.No, dated 8-9-93 iaordcr to ensure .i prompt and correct certification. I 4/ Acopy ofthe orders issued by your Government in this regard may also beendorsedto this department for information. (Hindi version will follow.) Yours faithfully, Sd/- (Smt. Sarita Prasad) Joint Secretary to Govt. of India.

No. 3601.V22/93-Estt. (SCT) government of INDIA.

ministry(DEPARTMENT of personnel, OF publicPERSONNEL grievances <& TRAINING) & pensions new DELHI, the 8th Sept.. 1993.

OFFICE memorandum

subject : ReservationGovernment foroflndia Other Regarding- Backward Classes in Civil Posts and Services under the

Ti.The undersignedj • n rl kIS ddifp-cted e toc-ntember refer to this 1991 Department's regarding O.M.reservation No. 36012/21/90-Estt.for Socially and Educa- (SCT), dated the I3th August, 1990 and under the Government of India and to say that tionally Backward Classes in Ciyl po indira Sawhney aud others Vs. Union of India and other following the r mgoi the Government of India appointed an Expert Committee case (Writ petition (Civil) No. ^^0 of 1990 persons^ctions from the benefits of 'rrrarnrfliJ O^rTacta^ -vic^es undir the Government of India. 1. nf tbft Fynert Committee's recommendations this Department's Hstt. (icT). dated 13.8.90 referred to in para (I) above is hereby modified to provide as follows p pf thf=. vacancies in civil posts aud services under the Govern- mernKdi?^^^^^^ direct recruitment shall be reserved for the other 36 Backward Classes Detailed instructions relating to the procedure to be followed for enforcing raservation will be issued separately. (b) Candidates belouging to OBCs recruited on the basis of merit in an open competition on the same standards prescribed for the general candidates shall not be adjusted against the reservation quota of 27%. (c) (i) The aforesaid reservation shall not apply to persons/sections mentioned in column 3 of the Scheduled to this office memorandum. (ii) The rule of exclusion will not apply to persons working as artisans or engaged in heieditary occupations, callings. A list of such occupations, callings will be issued separately by the Ministty of Welfare. (d) The,OBCs for the purpose of the aforesaid reservation would comprise, in the first phase, castes and communities which are common to both the lists in the report of the Mandai Commission and the State Government's lists. A list of such castes and Communities is being issued separately by the Ministry of Welfare. (e) The aforesaid -reservation shall take .imnediate effect. Ho.vever. this will not apply to r \ vacancies where the recruitment process lu; alrcvily bjen initiated prior to the issue of this \ order. 3. Similar instructions in respect of public sector undertakings and financial institutions, including public sector b^ks will be issued by the department of Public Enterprises and by the Ministry of Finance respectively effective from the date of this office Memorandum.^ (Hindi version will follow)

Sdh (Srat. Sarita Prasad) Joint Secietary to Govt. of India.

schedule

Sr, No. Description of To whom rule of exclusion will apply. Category

I—CONSTITUTIONAL Son (s) and daughtcr(s) off

POSTS (a) President of India.

(b) Vice President of India. (c) Judges of the Supremo Court and of the High Courts. (d) Chairman and Members of UPSC and of the State Public Services Commission; Chief Election Commissioner; Comptroller and Auditor General of India. (e) Persons holding constitutional positions of like nature,

II—SERVICE CATEGORY A—Group A Class-I Offi son (s) and daughter(s) of cers of the all India 37

Central and State Servi- (a) Parents, both of whom are Class I Officers; ces (Direct Recruitments). (b) Parents, either of whom is a Class I Officer; (c) Parents, both of whom are Class T Officers, but one of them dies or suffers permanent incapacitation. (d) Parents, eithencf whom is a Class I Officer and such parents dies or suffers permanent incapacitation and before such death or such incapacitatioh has had the benefit of employment in any international organisation like UN, IMF World Bank, etc. for a period of not less than 5 years. (e) Parents, both of whom are Class 1 Officers dies of suffers perraa- ^\ ' ^ thenent both, incapacitation either of themand beforehas had such the death benefit or ofsuch employment incapacitation in any of ( International organisations like UN, IMF World Bank etc. for a period of not less than 5 years; Provided that the rule of exclusion shall not apply in the following cases- (a) Sons and daughters of parents either of whom oi both of whom are Class-I Officers and such parents dies/die or suffer permanent ' incapacitation. (b) A lady belonging to OBC category has got married to a Class-I < Officer, and may herself like to apply for a job. B—Group.B/Class-II Officers son(s) and daughterCs) of of the Central and State _ , , tt /-.rf Services (Ditect recruit- (a) Parents both of whom are Class-II Officers ment). ' ~ (b) Parents of whom only the husband is Class-II Officer and he gets into Class-I and at the age of 40 or earlier. (c) Pa- ents, both of whom are Class-II Officers and one of them dies or suffers permanent incapacitation and either one of them has had the benefft of employment in any International organi sation like UN,IMF, World Bank, etc. for a period of not less than 5 years before such death or permanent incapacitation; (d) Parents-of whom the husband is a Qass-I Officer (Direct recruit of pre-forty premoted) and the wife is a Class-II Officer and the wife dies; or suffers permanent incapacitation; and (e) Parents, of whom the wife is a Class I Officer (Direct Recruit of pre-forty promoted) and the husband is a Class-II Officei and the husband dies or suffers permanent incapacitation. Provided,that the rules of exclusion shall not apply in the following cases : Son(s) and daughter(s) of (a) Parents both of whom are Class-II Officers and one of them dies or suffers permanent incapacitation. ' . Son(s) and daughter(s) of - - 38

(b) Parents both ot whom are Class-II Officers and both of them dies or suffer permanent incapacitatiou even though either of them has had the benefit of employment in any International Organisation like UN,IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation.

C—Employees in Public The criteria enumerated in A & B above in this cotegory will apply Sector Uudertakings etc. mutatis mutandis to officers holding equivalent or comprarable posts in PSUs Banks, Insurance Organisations, Universities, etc. and also to equivalent or comparable posts and positions under private employment. Pending the evaluation of the posts on eqnivalent or specified in category VI below will apply to the officers in these institutions. m—ARMED FORCES Son(s) and daughter(s) of INCLUDING PARA- ' - MILITARY FORCES. (Persons holding Civil posts Parents either or both of whom is or are iu the rank of Colonel and are not includeu) .. above in the Ariuy and to equivalent posts in the Navy and the Air Force and the paramilitary forces.

Provided that ;— (i^ If the wife of an Armed Forces Officer is her seMn the Amed Force (i.e. the cutegory under consideration the rule of exclu sion will apply only when she herself has reached the rank of Colonel.

(ii) the service ranks below * Colonel of husband shall not be clubbed together;. (iii) If the wife of an officer m the Armed Force Civil employment this will not be takiii into accountf or applying the rule of exclusion unless she in the service category under item No. II in which case the criteria and conditions enumerated there will apply to her independently. IV-PROFESSIONAL CLASS AND/THOSE ENGAGED IN TRADE AND INDUSTRY

(i) Persons engaged in Criteria specified against Category VI will apply. profe..sion as a doctor, lawyer, chartered acco untant, Income Tax con sultant, financial or man agement consultant, sur geon, engineer, architect, computei specialists, film artists and other film professions, author, play writer, sports persons, sports professional, Me dia professional or any other vocations of life status: (ii) Peisans engaged in trade Criteria specified against category VI will apply. business and industry. 39

Explanation (i) Where the husband is in some profession and the wife is in a Class II or lower grade employment the income/wealth test will apply only on the basis of the husband's income.

(ii) If the wife is in any profession and the husband is in employ ment in a Class-II or lower rank post, then"the income/ wealth criteria will apply only on the basis of the wife's incoms the husband's income will not be clubbed with.

V—PROPERTy OWNERS

^—Aericultural holilings Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns

(a) Only irrigated land which is equal to or more than 85% of the statutory ceiling area; or

(b) Both irrigated and unirrigated land, as follows:—

The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator (40% or more of the statutory ceiling limit for irrigated land (this being calculated by excluding the umrrig:.ted portion). If this pre-condition of not less than 40% exists, then only the area of unirrigated land will be taken into account. This will be done by converting the unirrigated land on the basis of the conversion for mula existing, into the irrigated type. The irrigated area so com puted from unirrigated land shall be added to the actual area of irrigated land and if after such clubbing together the total area in terms of irrig^.ted land is 80% or more of the statutory (ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlementhvill occur).

(ii) The rule of exlusion will not apply if the land holding of a family is exclusively unirrigated.

B—Plantatlous

(i) Coffee, Tea, Rubber Criteria of income/wealth specified in category of below will apply. etc. (ii) Mango, Citrus, apple Deemed as agricultural holding and hence criteria at A above under plantations etc. this category wili apply. Criteria specified in category VI below will apply.

C—^Vacant land and or buil Explanation Building may bs' used for residential, industrial of dings in urban areas of commercial purposes and the like two or more such purposes. urban anglcmorations.

VI—Income/Wealth Test Sons and daughters.

(a) Persons having gross annuainncome of Rs. 1.00 lakhs or above or possessing wealth-above the exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.

L r

40

(b) Persons in' categories I, II, III and V A who are not disentitled - to the benefit of reservation but have income from other sources of wealth which will bring them within the income/wealth criteria mentioned in (a) above.

Explanation (i) Income from salaries or agricultuial land'shall not be clubbed;

(ii) The income criteria in terms of rupee will be modijed taking into account the change in its value every three years. If the situation, however, so demands, the it orrugnue may be less. Explanation : Wherever, the expression 'permanent incapacitation, / occur in this schedule, it shall mean ihcapacitatioh, \ which results in putting an officer out of services. 1

"No. 36012/22/93-Estt. tSCT) - I GOVERNMENT OF- INDIA > '

MINISTRY OF PERSONNEL PG & PENSIONS

department of personnel & TRAINING

NEW Delhi, the 22nd Oct., 1993 .

OFFICE MEMORANDUM .

' ' ^ 'Subject I—Reservation for Other Backward Classes in Civil Posts and services under the Govt. of India- .^ -Regarding. . ' "

" The undersigned is directed to refer to this. Deptt.*s O.M. of even number dated the 8th September, 1993 on the above subject and to say that in accordance wiih the Supreme Court judgement in the Indira Sawhney case, the reservations contemplated in clause 4 of Article 16 should not exceed 50%. For the purpo.>e of applying the rule of 50%, an year should be taken as the unit and not the entire strength of the cadre service or the'unit as the case may be. This position would al30 ^apply in the case of carry foivvard vacancies. Therefore, the Ministries/ Departments are requested to ensure that the reservations provided to SC/SF OBCs put together do not exceed 50% of vacancies arising in an year. ^ 2. In the light of the reservations provided to other Backward Classes, it is necessary to revise the existing reservation rosters,.in respect of direct rectuitment 'on All India basis by open competition where there is a reservation for 15% for. SC and 7^% for ST," the existing ^point roster has besn revised into a'200 point foster as in the model indicated in Annexure 'A The revifeted roster will come into effect immediately. Vacancies filled on or after 8-9-93 should be shown in the newrcsternow prescribed in Amiexure-A. The old roster shall be deemed, to have'been closed from this date. The- reservation A'hich had to be carried forward in.^ fhe previous roster shall. ,now be carried forward to'the new roster. ' 3. . There,is no change in thft-^lsUhgYeservation rosters in so far as promotion is concerned as there is no reservation for OBCsuu promotion.

L <1.

any 4. No other relexation/concesjion is admissible to OBCs. Theri .is. no provision for relaxed standard to be applied in the case ofOBCs.

.ANNEXURE

, 32. Unreserved 1 . Scheduled Castes ' 2. Unreserved " - 33. Other Backward Classes 34. Unreserved 3. Scheduled Tribes 35. Scheduled Castes 4. Unreserved .... ; 36. Unreserved 5. Other Backward Classes ■ 37. Other Backward Classes 6. Unreserved • 38. Unreserved 7. Scheduled Castes 39. Other Backward Classes 8. Unreserved . 40. Unreserved 9. Other Backward Classes 41. Scheduled Castes 10. Unreserved v.-

11. Other Backward Classes 42. Unreserved

12. Unreserved ti. .. 43. Other Backward Classe.s, . \ 1

13. Scheduled Castes . . 44. Unreserved

14. Unreserved • 45. Scheduled Tribes. 15. Other Backward Classes 46. Unreserved

16. Unreserved ->.• . 47. Other Backward Classes...

17. Scheduled Tribes 48. Unreserved.

18. Unreserved , ; 49. Scheduled Castes, • . /

19.' Other Backward Classes 50. Unreserved

20. Unreserved 51. Other Backward Classes •

21. Scheduled Castes 52. Unreserved

22. Unreserved - 53. Scheduled Castes.. ■ ,

23. Other Backward Classes 54. Unreserved

24. Unreserved .v..^ , 55. Other Backward Clas.s.es.

25. Other Backward Classes 56. Unreserved

26. Unreserved 57. Scheduled Tribes .

; 27. Scheduled Castes • 58. Unreserved

28. Unreserved 59. Other Backward Classes,, ,

29. Other Backward Classes I . . 60. Unreserved

30. Unreserved '- '• ' 61. Scheduled Castes. 31. Scheduled Tribes 62. Unreserved

1 43

63. Other Backward Classes 97. Scheduled Tribes

64. Unreserved 98. Unreserved

65. Other Backward Classes 99. Other Backward Classes

66. Unreserved 100. Unreserved

67. Scheduled Castes 101. Scheduled Castes '

68. Unreserved 102. Unreserved

69. Other Backward Classes 103. Other Backward Classes

70. Unreserved 104. Unreserved

71. Scheduled Tribes 105. Other Backward Classes

72. Unreserved 106. Unreserved

73. Other Backward Classes 107. Scheduled Castes r" 74. Unreserved 108. Unreserved

75. Other Backward Classes 109. Other Backward Classes

76. Unreserved no. Unreserved

77. Scheduled Castes ill. Scheduled Tribes

78. Unreserved 112. Unreserved

79. Other Backward Classes 113. Other Backward Classes

80. Unreserved 1,14. Unreserved

81. Scheduled Castes 115. Scheduled Castes

82. Unreserved 116.' Unreserved

83. Other Backward Classes 117. Other Backward Classes -V- 84. Unreserved 118. Unreserved

85. Scheduled Tribes 119. Othei Backward Classes

86. Unreserved 120. Unreserved

87. Other Backward Classes , 121. Scheduled Castes

88. Unreserved 122. Unreserved

89. Scheduled Castes 123. Other Backward Classes

90. Unreserved 124. Unreserved

91. Other Backward Classes 125. Scheduled Tribes

126. Unreserved 92. Unreserved 127. Other Backward Classes 93. Scheduled Castes Unreserved 94. Unreserved 128. Scheduled Castes 95. Other Backward Classes 129. Unreserved 96. Unreserved 130. 43

131. Other Backward Classes 166. Unreserved 132. Unreserved 167. Other Backward Classes 133. Scheduled Castes 168. Unreserved 134. Unreserved 169. Scheduled Castes 135. Other Backward Classes 170. Unreserved 136. Unreserved 171. Other Backward Glasses 137. Scheduled Tribes 172. Unreserved 138. Unreserved 173. Scheduled Castes 139. Other Backward Classes 174. Unreserved

140. Unreserved 175. Other Backward Clasees

141. Scheduled Castes 176. Unreserved

142. Unreserved 177. Scheduled Tribes

143. Other Backward Classes 178. Unreserved

144. Unreserved 179. Other Backward Classes

145. Other Backward Classes 180. Unreserved

146. Unreserved 181. Scheduled Castes

147. Scheduled Castes 182. Unreserved

148. Unreserved 183. Other Backward Classes

149. Other Backward Classes 184. Unreserved

150. Unrefccrved 185. Other Backward Classes

151. Scheduled Tribes 186. Unreserved

152. Unreserved 187. Scheduled Castes

-I-153. Other Backward Classes 188. Unreserved'

154. Unreserved 189. Other Backward Classes

155. Scheduled Castes 190. Unreserved

156. Unreserved 191. Scheduled Tribes

157. Other Backward Classes 192. Unreserved

158. Unreserved 193. Other Backward Classes

159. Other Backward Classes 194. Unreserved

160. Unreicrved 195. Scheduled Castes

161. Scheduled Castes 196. Unreserved

-162. Unreserved 197. Other Backward Classes

163. Other Backward Classes 198. Unreserved

164. Unreserved 199. Unreserved

165. Scheduled Tri bes 200. Unreserved 44

FORM OF

Certificate to produced by Other Backward Classes applying for appointment to posts under the Government of India

This is to certify that—- -of village— son/of Sh.— in the- District/Division -belongs to the- State -whieh is recognised" as- a Backward Class iTerthrGovernment of India, Ministry of Welfare Resoiutation 12011/68/93-BCC (C), dated 10th Sept. 1993 published in the Gazette of India Extraordinary Part I Sootion I dated 13th Sept, ' and/or his lamily 1993 . - . , , ^—district/division pi ordinarily resides in the^— — — State- ■ - T This is also to certify that he/she does not belongs to the persons/sections (Creamy layer) mentioned in Column 3 of the Schedule to the Government, of India, Department of Personnel and Trmnmg O. M. No. 36012/22/93-Estt. (SCT), dated 8-9-93.

District Megistrate, Deputy Commissioner etc. Dated

Seal

NB (a) The term 'Ordinarily' used liefe will have the same meaning; as in Section 20 of the Reprosontation of the Peoples Act, 1950. (b) Where the certificates are issued by Gazetted Ofiicers State'Governments, they,should be in the same form but conntersmged by the District Megistrate or Deputy Commissioner (Certificates issued by Gazetted OlBcers and attested by District Megistrate/Deputy Commissioner are not suffioient. 1

45 Application form for A Certificate for Eligibility for Reservation,for; HQBS-fgr. Other Backward Classes in Civil Posts and Services under Government of, India. (This form, however, should he used only as a model* Additional items, if-r necessary, may be incorporated to suit to the local situation in the form.)

To

Sir. I request that a certificate in respect of reservation-for* other; Back>vard Classes; in Civil Posts and Services under Qovt* of India be granted to me. I give below the necessary particulars :—

1. Full name of the applicant :— (in block letters).

2. Date of birth. 3. Complete residential address (a) Present (b) Permanent

4. Religion

5 Caste

6. Sub-Caste 7. Occupational Group

Serial Number of the Caste in the Central List of OBCs. a 9. Name of Father

10 . Name of Mother

11. Name of Husband 12. Status of parents/husband Father Mother Husband 13. (a) Constitutional Posts (I) Designation (b) Government Services (1) Service (Central/State) (ii) Designation ^ (iti) Scale of pay, including Classification, if any (iv) Date of appointment to the post' (v) Age. at the.time.of promotion to Class I Post (if applicable). 46

II— Kifiployirient in'International' ' ■ Organisation e. g.'UI^, UNICEF^WHO.' - • (i)' "Name of- Ofganisatiou. - • ' .' ' . - (ii) Designation. (iii) Period of service. (Indicate date frW to ) III— Death/Permanent Incapacitation (Otriit'if not applicable). (i) Date of death/permanent incapacitation putting an officer out of sei-vice. IrdC" ;(ii)':i Betails.of* permanent' incapacitation. T . , . , ^ (C) Employment in Public Sector undertakings etc. (i) Name of organisation. . * (il) Designation . J (iii) Date of appointment to the Post. (D^ Armed Forces including Para Military Forces. . (This will got include persons holding civil posts) (i) Designation (ii) Scale of pay .. . • ' (E) Professional Class (Other than those covered in item Nos. B & C and those engaged in trade, Business and Industry. . . , ^

(i) Occupation/Profession (F) PROPERTY OWNERS / ■ (F)-I Agricultural Land Holding ■ Owned by mother „.V- father and minor children.

(i) Location

Size of holding

(iii) (a) Irrigated ^ (Tupe of irrigated land)

(0

. (ii) ' .. : ■ / .. , Oil) ' ■ ( (b) Unirrigated . to be certified by District revenue Officer not lower than (v) the rank of Tehsildar, -■ (iv) Percentage of irrigated land holding to statutory ceiling-liniit. under State.Jand ceiling laws. ' 47 ..

• -(v) • ?f-land-laying-is both- irrigated/unirrigated - total-irrigated land holdings on the basis / of conversion formula in State land, ceiling Law. -^-(vf)-Percentage-of-total irrigated Iand -hoIdiag-4o-Stataio.r.y...ceiling limit as per(i.yX

(F)-II Plantation ' ^ ^ i ':.. (i) Crops/Fruit. *' ' - i-

(ii) Location.

(iii) Area of Plantation.

(F)-11I Vacant land aod/oK buildings in Urban.Areas or Urban agglemenration.

(1) Location of Pro.perty.

(ii) Details of Property. , (iii) Use to which it is put.

(G) Income/Wealth ? tA

0) Annual family indbine from all sources. . V (excluding salarie.s,& income from agricultural land).

(ii) Wheathei Tax payer (Yes/No). (If yes, a copy of the last three years return be furnished). (iii) Wheather covered in Wealth Tax Act;(Yes/No). (if so, furnish details). .v> .£1

(H) Any other remarks.-; *. 1,..i, O . 'A.

Extract from Gazet'fce of India Extraordinary Patt-l Scction-I Dated 13-9-1993) , f. fjr.. >'

State Haryana'Gommon List , -4-

Sr. Name of castes/communities Entry No. Entry No. Remarks No. (including sub-castes/ 'in State Mandal synonyms) ir the common list list. list. . .of S.E.B.C.S. r:rA.

3 1 , o

1. Aherla 1 1

•fc.- 1 1 Aheri ■ .M

Heri 1 1

Naik 1 1 -1^ Theri or Turi or thori 1 1

2. Barra 2 10

3. Beta 3 14

Hensi or Hesi C't. 3 14 48

1 2 3 4

. Bagria or Bagaria 4 3

■ 5. Barwar 5 11

6. Barai 6 7

Tamboli 6 7

7. Baragi 7 6 r 6-

8. Battera 8 12?

9. Bharbhunja 9 15 Bharbhu/a 9 15

10. Bhat ID 1.6

11. Bhatra 10. 16,.

Darpi ■ 10 16'

Ramiya 10 16'-

11 A. Bhuhalia Lohar 11 17

12. Changar 12 19- 23 13. Chirimar 13

14. Chang 14^ 2%

15. Chimba or Chhimba 15^ 21 Chbipi 15- 21 Chimpa ■ 15 21"

Darzi 15 21

16, Daiya 16 27

17. 17 29

18. Dakaut 18 24 28 19. Dhimar 19 28 Mailab 19 i- Kashyap-Rajpoot 19 28

Kahar 19 42

Jhinwar or Jhimar 19 42

Dhinwar 19 , 42 49

1

20. Dhosali 20 30

Dosali 20 30

21. Faquir 21 43

22. Gwaria 22 34

23. Gauria or Gwar 22 34

23A. Ghirath or Ghidath 23 36

24. Ghasi 24 35

Ghasiara or Ghoshi 24 35

25. Gorkha 25 38

26. Gawsla 26 2

Gowala 26 2

27. 27 31

28. Garhi-lohar 28 17

29. Hajjam 29 62

Nai 2 62

30. Jhangra-Brahman or Jangra BraKman or Jangid Brahman 30

Khati 30 ^31. Joginalb 31 43 32. Kanjar or 32 5

Kanchan 32 5

33. Kurmi 38 50

34. Kumhar, Prajapati 34 49

35. Kainbnj 35 45

36. Khauglicra 36 47

37. Kuchband 37 48

38. Labana or Lobana 38 51 ■-^—39. Lakhera 39 52

Manihar 39 52

40. Lohar or Luhar 40 53

41. Madari 41 54

L 5'0'

42. 42 60 (Excluding those who are • included in Scheduled Castes)

43. Mirasi _ 43 59

44. Nar . 44 61

45. Noongar 45 64

46. Nalband 46 63

47. Pinja 47 66 Penja 47 66 «

48. Rehar or Rihar ■ 48 69

Rehara or Re ■ 48 69

49. Rai Sikh 50 68

50. Rechband 51 67

51. Shorgir or Shergir . 52 71

52. Soi 53 21

'53. Singlikant or Singikant - 54 72

54. Sunar ' 55 73

55. Thathera or Thater ^ 56 76 i- 76 56: Tamera 56

56A. Tell - 57 75

57. Vanzara " 58 5 Banjara or Vanjara "" 58 5

59 44 58. Weaver (Jullaha including Kabir ,Paathi Jullaha) (excluding those who are included in the list pf Scheduled Castes.

62 57 59. Niina or Mena X 60. Charan 64 16 5 I

No. 22/56/91-3GSSII1

From

The Chief Secretaiy to Govt. Haryana.

To 1. All Heads of Departments. Commiscioners Ambaia, Hisar, Rohtak & Gurgaon Division, All the Deputy Co.iirtiissioners. and Sub-Divisional Officers (Civil) in Harjana. 2. The Registrar, Punjab and Haryana High Couri, Chandigarh.

Da'ed Chandigarh, the 30-9-1994. Subject : Special Recruitment Drive for clearing of Shortfall in th& reserved Categories.

\ \

J Sir,

I am directed to invite your attention to the Haryana Govt. letter No. 22/31/89-3GS-III, dated 7-7-1989, letter No. 22/37/89-3GS-1II, dated 7-12-1990 and letter No. 22/56/91-3GS-III, dt. 26-2-92 on the subject cited above vide which all the depaitraent> were directed to clear the backlog through Special Recruitment Drive and to say that inspite of this it has been obseived by the State Govt. that the representation of members of the reserved categories, specially members of Scheduled castes in the state* services in Haryana has not yet come upto the prescribed percentage and the shoitfall continues. , The State Govt. is serious to wipe out the backlog in all reserved categories within a period of one year. 2. The departments are therefore again requested to work out the backlog of all reserved vacancies and send their requisition to H.P.S.C./S S.S. Board accordingly. The H.P.S.C,/S.S.S. Board or the recruitment agencies shall advertise the vacancies immediately under the Special Recruitment Drive and after completing all formalities would recommend candidates as early as possible. 3. You are requested to take necessary action accordingly. Any default thereof will be seriously viewed. ,

.a Yours faithfully, Sd/- Under Secretary General Administration for Chief Secretary to Government, Haryana,

22/1/94-3 III

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17-10-1994 52

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ISO. 22/55/90-3GS-II1

From

The Chief Secretary to Govt. Haryana.

To . All Heads of Departments, Commissioners, Ainbala, Hisar, Rohtak and Gurgaon Divisions, i. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. . The Registrar, Punjab and Haryana High Court, Chandigarh.

Dated Chandigarh, the 9th November, 1994.

Subject Reservation of posts for Sclieduied Castes. Back^vard Classes and Ex-Servicemen under the services of Haryana State.

Sir, I am directed to invite your attention to Haryana Govt., instructions issued vide letter No. 38/20/78-2GSI dated 9th February, 1979 on the subject noted above and to state that the Govt,, has reviewed the existing policy of reservation for Scheduled Castes in direct recruitment to Govt, services and decided as under :— fi) For the purpose of reservation in services, the scheduled castes in Haryana will be put in two categories i. e. Block «A' and Block 'B'. Block 'B' will consist of Chamars, Jatia Chaniars, Rahgars, Raigars, Ramdasias or Ravidasias. Block 'A* will consist.of the remaining 36 scheduled ^castes listed in the annex. 53 (ii) Within the quota reserved for scheduled castes- in direct recruitment' to Govt. Jobs 50% vacancies will be offered to candidates from Block'A'. In case suitable, candi dates from Block 'A' are not availabie, candidate from Block 'B' may be recruited against these vacancies- (iii) Siiniiarly, candidates from Block 'B' will be given perference in respect of the re-main- ing 50% vacancies. In case suitable candidates from Block 'B' are not available, candidates from Block'A' may be recruited against these vacancies. (iv) The inter seniority of the candidates from Block'A' and Block'B'will be as per the common merit list prepared by the recruiting agency. It will not be necessary to fix the roster points separately for each of the Blocks within the present roster system. (v) If on a paiticular occasion tlie total number of vacancies meant for Scheduled crstes is odd, say 9, 5 of them will goto Block 'A' and 4 to Block 'B'. On the next such occasion, however, the position M'ould be reversed, that is. 4 of them will go to Block 'A' and 5 lo Block 'B'.

2. These instructions should be brought to the notice of all concerned for'strict compliance. 3.. "Receipt of this communication may please be acknowledged.

Yours faithfully,

. . Sd/— Deputy Secretary General Administrator for Chief Secretary to Govt. Haryana-

ANNEXURE

scheduled castes in block A'

Sr. No. Name of Castes

1. Ad Dhurmi

2. Balmiki, Chura or Bhangi

/ 3. vBangali.

4. Barar or Buraror

5. Balwal

6. Bauda or Bawraia

7. Bajigar

8. Banjara

U, 9. Chanal

10. Dagi

11. Darain

12. Daha, Dhaya or Dhea 54

13. . Bhogri, Dhaiigri or Siggi

14. Dhanak

15. Dumna, Mahasha or Doom

16. Gagra

17! Ganchila or Gandil, Candele

18. Kabir Panthi or Julaha

19. Khatik

20. Kori or Koli ■j ' 21 . Marija or Marccha \

■22. Mazhibi

23. Mcgh.

24. Nat.

25. Od.

27. Pasi.

27. Pcrma

28. Phercia

29. Sanhai

30. ■ Sanhal

31. Sansi, Bhcdkut or Mamesli

32. Sansai

33. Sapela

34. Sarera

35. Silligar

36. Sifkibaad. '

Ju r

0 0

No. 22/51/93-3GS-in.

From

The Chief Secretary to Govt , Haryana.

To

1. AH the Deputy Commissioners in Haryana.

2. All the Sub Divisional Officers (Civil), in Haryana. Dated Chandigarh, the 16-11-1994

Subjecf :Reservation for other Backward Classes-Exclusion of creamy Layor for the pnrpose of appointment in services and posts under the Government of fndiu-Certificate to be produced bv the candidate :

Sir,

lam directed to invite your attention to Haryana G ^vernment's letter No, 22/5I/93-3GSIII, dated 12th May, 1994 on the subject cited above and to enclose a copy of Govt. of India, Ministry of Welfare's letter No. F. No. 12011/Il/94-BCC(C), dt. 8th April, 1994 for immediate compliance in connection with the issuing of other Backward Class certificates to migrants from other State/Union Territory.

Please acknowledge receipt.

Yours raithfully,

Sd/- ^ Under Secretary General Adminisiration, /or Chief Secretary to Government., Haryana.

Copy of letter No. F.No. 12011/U/M-8CC(C) dated SthAprll, 1994 from the Joint Secretary 10 Govt. of India, Ministry of w^fare, Shastri Bhawan, New Delhi-llOOOl to the Chief Secretaries of All State Govts.

Subject:-^ Issuing of other Backward Class Certificates to migrants from oUier States/UTs.

Sir,

Tu continuation of DOPT's letter of 360I2/22/93-Estt. (SCT) dated 15th November, 1993. 1 am directed to say that it has been represented to this Department that person belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty, in obtaining caste certificates from the State from which they have migrated.. In order to remove this difficulty, it has been decided that the prescribed authority 56 nfnStitc/UT Administration in terms of the DODT letter No. 36012/22/93-Estt, (SCT) dated 15th November' 1993 may issue the OBC Certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father oy the prescribed authority of the State of his father's origin except where the prescribed auihonty feels that a detailed enquiry is nWssary (hrough the State of origin before the issue of the certificate. 2 The certificate will be ismed Irrespective of whether the OBC candidate in question is included in the list of OBC pertaining to Ihe State/U.T. to which the person has migrated. The facility does not alter the OBC status of the person in relation to tne one or the other State/U T The OBC person on migration from the State/ U. T. of his origin to another St?te/UT' where his caste is not in the OBC list is entitled to the concessions/benefits admissible to the OBCs from the State of his origin and union Government but nat from the State where he has migrated. 3 It is requested that all competent authorities may bo advised to issue the OBC certificate" after satisfying themselves of the correctness of the certilicate. Tbe lists of the Com- Snt authorities empowered as per DOPT's circular of 15th November, 1993 may be followed strictly. No other authorities may be allowed to issue the OBC certificates.

No. 22/55/90-3GS-I1I.

From The Chief Secretary to Govt., Haryana.

I

To 1 All Heads of Departments, Commissioners, Ambala, Hisar-, Rohtak and Gurgaon Divisions, All Deputy Commissoners and Sub-Divisional --- Officers (Civil) in Haryana. 2. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated Chandigarh, 23rd December, 1994. A SiOiject :-Reservation of posts for Scheduled Castes, Backward Classes and Ex-serviceman under the services of Haryana State.

Sir, I am directed to invite your attention to the subject noted abo ve and the instructions issued in in this regard may be intimated immediately.

Yours faithfully,

Sd/- Deputy Secretary.General Administsation, for Chief Secretatry to Govt.. Haryana. 57

12/44/84-4 '. 5 19 95

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No. 22/1/94-3GS-II1

From

The Chief Secretary to Government. Haryana.

To

1. The Director, Training, Haryana.

j 2. The Secretary, Haryana, Vidhan Sabha. 3. The Inquiry Officer Vigilance, Haryana. •

4. Tae Commissioner, Gurgaon Division, Gurgaon.

5. The Director, Lotteries, Haryana. - - 58

6. The Director, Treasuries & Accounts, Haryana.

7. The Director, Animal Husbandry, Haryana.

8. Engineer- in-Chief, P.W.D.(Public Health) Department, Haryana.

9. The Engincer-in-Chief, P.W.(Irrigation) Department, Haryana.

10. The Excise and Taxation Commissioner, Haryana.

11. The Registrar, Cooperative.Societies. / 12. The Director Panchayats, Haryana. \ 'r- 13. The Engineer-in-Chief, P.W.(B&R), Haryana.

14. The Director, Higher Education, Haryana;

15. The Director, School Educatiori, Haryana. -'

16. The Director, Primary Education. Haryana.

17. The Additional Director General of Prison, Haryana.

18. The Commandant General, Home Guard and Director Civil Defence, Haryana.

19. The Director, Prosecution, Haryana.

20. The Administrator General & Official Trustee Charitable Endowments.

21. The Director, Local Bodies, Haryaiia.

22. The Director, Election Local Bodies, Haryana.

23. The Duector, Public Relation, Haryana.

24. The Director Sports, Haryana.

25. The Principal-cum-Director, Moti Lai Nehru School of Sports.

26. The Director, Archaeology, Haryana.

27. The Principal Chief Conservator of Forest, Haryana. 28. The Chief Wild Life Preservation, Haryana.

\ 29. The Director, Cultural Affairs, Haryana.

' 30. The Director, TechnicaPEducation, Haryana. 5? 31. The Director Science and Technology, Haryana.

32. The Director, General Health Services, Haryana.

33. The Director, Health Services (Hospitals).

34. The Director, Family Welfare.

35. The Director, Medical College, Rohtak.

36. The Director, Urban Estate, Haryami.T

37. The Director. Industrial Training and Voc;'.tional Education Department.

38. The Director. Grievances, Haryana., .

2. The Deputy Commissioner, Hisar, Bhiwani, Jind, Gurgaon, Rohtak and Kurukshetra.

3. All S.D.O. (Civil) in Haryana (Except Sub Divisional Officer Narwana, Kaithal and Ballabhgarii. : . -

4. The Registrar, Punjab and Haryana High Court,' and all District and Session Judges in Haryana (Except Faridabad, Gurgaon, Narnaul Sonipat, • and Sirsa)

Dated, Chandigarh, the 1st February, 1995.

Subject:— Information regarding the representation of Reserved Category in Government Services.

I am directed to invite your attention to Government's- letter No. 22/1/94-3GS-III, dated 17.10.94 and subsequent reminder of even.number dated 19.12.94 on the subject cited above and to request again that the requisite information may please be sent to Government within 10 days, positively, in the prescribed proforma.

I Please treat it most immediate.

Yours faithfully,

Sd/. Superintendent General Scrvices-IU, for Chief Secretary to Government, Haryana. GO

From The Commissioner and Secretary to Government, Haryana, Welfare of Scheduled Castes and Backward Classes Department, Haryana, Chandigarh. V

To 1 All Heads of Departments, Commissioners, Ambala, Hissar, Rohtak and Gurgaon Divisions. 2. All'Deputy Commissionerj & Sub-Divisional Officers (Civil) in Haryana.

1 3. The Registrar, Punjab and Haryana High Court, Chandigarh. «■

No. .1170-SW(l)-95 Dated, Chandigarh the 7.6.95. ■ sub. -.-Exclusion of socially advanccJ persons/sections (Creamy Layer) from Backward Classes.

' Sir,

s;'theHacya .vr:-, t,, of reference o? this Commission-Were" -■» to entertain, examine.and- . recTm" enTrpr"requests for inclusion and complaints of over-inclusion and under-inclusion in the ro7BaclcwLd Classes.- Vide notification dated 26.3.1994, the Commission was also assigned the function of spkifying the basis, applying the relevant the requisite socio-economic criteria to ex.lude ^ socially advanced persons/sections (Creamy Layer) from Backward Classes. : r- la its-report submitted on 16.5.1995, the Haryana Second Backward Classes Coramissioii has , recommended the criteria for excluding socially advanced persons,sections (Creamy Layer) from Backward Classes. After considering these recommendation, the Goveinment has decided that the benefit of reservation shall not apply to persens/«ectioas mentianed,.a Anncxure A which.is enclosed. - jk All the departments are requested to bring the above instructions to the nodce of all the Head of Departments and appointing authorities under their control for necessary compliance. Yours faithfully, Sd/- " ■ Joiat Secretary, for Commissioner & Secretary to Govt., Haryana, Welfare of Scheduled Castes and Backward Classes Department.

L 61

annexure *A'

DESCRIPTION OF CAJEGORY TO WHOM RULE OF EXCLUSION WILL APPLY

. 3

1, Constitutional Posts Son(s) and daughter(s) of (a) President of India; (b) Vice President of l^idia;

(c) Judges of the Supreme Court and of the High Courts; (d) Chairman and- Members of UPSC and of the State Public Service Commission; Chief Election Commissioner; Comptro ller and Auditor General of India;

(e) ^ Persons holding Constitutional positions of like nature.

II. Service Category A-Group, Son(s) and daughtet(s) of A/Class-I Officers of the (a) Parents, both of whom are class I officers; • All India Central and State (b) parents, either of whom is a Class T officers; Services (Direct Recruits) (c) parents, both of whom are Class I Officers, but one of them dies or suffers permanent incapacitation. (d) parents, either of whom is a Class I. officer and such parent dies or suffers permanent incapacitation arid before such death or such incapacitation has had the benefit of employment in any International Organisation like H.N., I.B.F., World . ■ Bank',, etc. for a period of not less than 5 years. (e) parents, both of whom are Class I Officers die or suffer permanent incapacitation and before such death or such mca- pacitatioD of the both, either of them has had the benefit of employment in any International Organisation like U.N.,LM.F., World Bank, etc. for a period of not less , than 5 years. Provided that the rule of exculsion shall not apply in the following cases :— (al Sons and daughters of parents either of whom or both of whom are Class-I Officers and such paient(s) dies/die or suffer permanent incapacitation. (b) A lady belonging to OBC category has got married to a 'Class-I Officer, and may herself like to apply for a job.

B. Group B/Class II Officers Son(s) and daughter(s) of of the Central and State Services (Direct Recruitment) (a) parents both of whom aie Class II Officers. V '(b) parents of whom only the husband is a Class II officer and lie gets into Class I at the age of 40 or earlier. (c) parents, both whom are Class II officers and one of them dies or suffers Permanent incapacitation and either one of them has had the benefit of employment in any International Orga nisation like U.N., I. M.F., World Bank, etc. for a period of r 1

62

not less than 5 years before such death or permanent incapa- citation; (d) parents of whom the husband is a Class. I officer (direct recruit or pre-forty promoted) and the wife is a Class II officer and-the wife dies; or suffers permanent incapacitation; and (e) parents, of whom the wife is a Class I officer (Direct Recruit or pre-forty promoted) and thr husband is a Class II officer & the husband dies or suffers permanent incapacitation. Provided that the rule of exclusion shall not apply in the follo wing cases :~ Son(s) and daughter(s) of (a) Parents both of whom are Class II officers , and one of them if dies or suffers permanent incapacitation.

(b) Parents, both of whom are Class II officers and both -of them die or suffer permanent incapacitation, even though either of them has had the benefit of employment in any International Organisation like U.N., I.M.F., World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation.

C. Employees in Public Sector The criteria enumerated in A & B above in this category will Undertakings etc. apply mutatis mutandis to officers holding equivalent or comparable posts in PSUs. banks, Insurances Organisations Universities .etc. Pealing the evaluation of the posts on equivalent or comparable basis in these institutions, the criteria specified in Category V below will apply to the officers in these institution.

III. Armed Forces including Son(s) and daughter(s) of Para Military Forces parents either or both of whom is or are in the rank of Colonel (persons holding civil end above in the Army and to equivalent posts in-the Navy and posts are not included) the Air Force and the para Military Forces . Provided that : (i) if the wife of an Armed Forces Officers is herself in the Armed Forces (i.e. the category under consideration) the rule of exculsion will apply only when she herself has reached the rank of Colonel;

(ii) the service rank^ below Colonel of husband and wife ihali not be clubbed together;

(iii) If the wife of an officer in the Armed Forces Is in Civif em.^loy- ment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently.

IV. Property Owners Agricultural Son(s) and daughter(s) of persons belonging to a family ; • holdings (father, mother and minor children) which owns land more than land permissible under the Ceiling Act of Haryana State. 63

V. Income/Wealth Test Son(s) and daughter(s) of (a) persons having gross annual income of Rs. 1.00 lakh oi above or possessing wealth above the exemption'limit as prescribed in the Wealth Tax Act for a period of three consecutive years. (b) Persons in Categories I, II, III & IV who arc not disentitled to the benefit of reservation but have income from other S'^urces oT wealth which will bring them within' the income/ wealth criteria mentioned in (a) above.

Explanation : (i) Income from salaries or' agricultural land shall not be clubbed : ■ (ii) The income criteria in terms of rupee will be modified taking into account the change in its value cveiy three years. If the situation, however, so demands, the interrugnum may be less. (iii) Where the husband is in some profession and the wife is in a Class II or lower grade employment, the income/wealth tost will apply only on the basis of the husband's income. (iv) If the wife is in any profession and the husband is in employ ment in Class II or lower rank post, ihen the income/wealth criterion will apply only on the basis of the wife's income and the husbands' income will not be clubbed wilii it.

Explanation : Wherever, the expres- ■ sion 'Permanent incapacitation', occur in this schedule, it shall mean incapar citation which results in putting an J officer out of service.

No. 2.1/36/95-3GS-III

From The Chief Secretary to Govt. Haryana.

To (1) All Heads of Departments . (ii) Commissioners Ambala/Hisar/Rohtaki & Gurgaon Divisions. (iii) All Deputy Commissioners <4 Sub Divisional Officers (Civil) in Haryana. 1 I A (iv) The Registrar. Punjab & Haryana High ^urt.

Date! Chaudigarh, the 20th July, 1995. y Subject —Reservation for Scheduled Castes, Backward Classes (Block 'A'& Block'B'), Exser/icenen ■ & Physically Handicapped persoas in direct recruitnxml to Class-IH aai Class-IV Govt, jobs.

I N, J 1

64

Margin Sir. No. 38/20/78-2GS1, dated 9-2-79, No. I am directed to invite your attention to Haryana Govt* letters as .VI2/79-Gsni, dated indicated in the margin on the subject noted above and to say that in view of 18-9-79 No. 24/17/ the directions given by Hon'ble in writ petition 80-3GSII, dated (Civil) No. 930 of 1990, Indira Sawhney & others V/s Union of India and on 16-12-80, No. 22/ the recommendations of the Second Backward Classes Commission set up by 20/83-3GSIII, dated the Haryana Govt., the State Govt. has further reviewed the existing policy 26-11-85, No. of reservation of posts for SC. BC, BSM and Physically handicapyed in Govt. 24/I/90-3GS-in, jobs in the State of Haryana and have decided to enhance the reservation for dated 20-2-90 & No. backward classes fiom 10% to 27% in respect of direct recruitment to Class- 22/36/90-3GSin Ill and Class-IV posts. ■ dated 24-1-91.

2 U has fuither been decided to create two blocks i.e. Block'A' and 'B' within the Backward Classes for the purpose of the above mentioned reservation as per list enclosed. , 3. Henceforth the quantum of reservation for various categories in direc'" recruitment to Class III & IV posts will be as under .(i) SC -0% (ii) BC (Block 'A') 16% (iii) BC (Block 'B') 11% (iv) ESM/Dependents of ESM 10% (v) Physically handicapped (orthopaedically handicapped, 3% Deaf &■ Dumb and Blind). The posts reserved for Block 'A' of Backward Classes would be filled up from candidates belonging to castes of Block 'A' only. Similarly posts reserved for Block «B' would be filled up from members of the castes comprtsing Block'B' of Backward Classes. 4. The reservation for BSM and Physically banlioappsd will be horizontal resirvation under Article 16(1) of the in respect of Class lit & Class IV dir3:;tj:e:raitmyat quota posts. 4. 5. Horizontal reservation of 10% for BSM would be adjusted as below : — 3% in Block *A' of Backward Classes. 3% in Block *B' of Backward Classes & 4% in General Category. Horizontal resei-vation of 3% for physically handicapped persons would be adjusted as below :— 1% in Block'A' of Backward Classes. 1% in Block 'B' of Backward Classes & 1% In General Category. 6. Tnthclight of the revised quantum of reservation in respect of Class-lII and Class-IV direct recruitment quota posts, the roster points for reservation for different categories in a block of 100 posts in each Cadre would now be as-follows

Scheduled Castes ; I 5-10-15-20-25-30-35-40-45-50-55-60-65-70-75-80-85-90-95-100. 65 o

Back^vard Glassed '

Block 'A' 6-12-19(ESM)-.^6-32-38-44 (ESiM)-49-56-62 (PH)-68-74 CESM)-79-86-92-99. ^

Block B 9-18-27 (ESM)-36-46-54 (ESM)-63-72-81 (ESM)-89 (PH)-98.

ESM (Exservicemen) 8 Against General Category, 19 ajainst B.C. (Block 'A') 27 against (B.C. Block *B'), 37 against General Category, . 44 against B.C. (Block'A'), 54 against B.C. (Block *B'), 64 against General Category, 74 against B.C. (Block 'A') 81 against B.C. (Block 'B')9I against General Category

Physically Handicapped : 33 against General .Category, 62 againsfB.C. ("Block'A') & 89 agaiostB.C. (Block'B*).-

General Category : 1-2-3-4-7-8 (ESM)-U-13-14-I6-17-2I-22-23-24-28-29-3I-33 (PH)-34-37 (BSM>39-4I-42-43-47-48- 51-52-53-57-58-59-61-64 (ESM)-66.67-69-71-73-76-77-78-82-83-84-87-88-91 (EgM)93-94-96 & 97. ,. - - 7. The position of reservation in respect of Class I & 11 posts will remain undisturbed, Roster points already prescribed with'regard to Class I & II posts will, therefore, remain the same. 8. Similarly in respect of Class III & Class IV promotion quota posts the existing quantum of leservatton will continue and therefore, the existing roster points will continue to remain in force.

9. The categorization of Backward Classes into Block'A'and Block'B'will apply onlv in respect of direct recrnitment to Class III IV posts. All the Backward Classes notified as eligible \ for reservation benefit by Social Welfare Department from time to time will be treated as one category for the purpose of reservation benefit in respect of direct recruitment iu Class I & II posts and promotion in Class HI & IV posts. fO. Henceforth there would be no division of reservation meant for physically handicapped into orthopaedically lian llcapped, deaf & dumb and blind categories in ca^e of direct recruitment to Class HI & IV posts. For this purpose, all physically handicapped persons will be treated as one category.

11. As regards carry forward/dereservation of the posts reseived for various categories, the existing Instructions would continue to be-in force. 12. Instructions issued vide letter-No. lI70-SW(I)-95 dated 7-6-1995 by the Welfare of Scheduled Castes and Backward Classes Department regarding exclusion of Socially advanced persons/ sections(Creamy Layer) should be kept in yiew while extending the benefit of reservation to Backward Classes. 13. These instructions may kindly be brought to the notice of all concerned working under you for strict compliance.

Receipt of this communication may be acknowledged.

Yours faithfully, Sd/- ^ Joint Setrctary, General Admn. /or Chief Secretary to Govt., Haryana. ▼

66

List of Backward Classes included in Block 'A' for the purpose of reservation in direct recruitment to Classing IV Government. Jobs.

1

1. Aheria, Aheri. Heri, Naik, Tbori or Turi, 25. Gorkbas Hari 26. Gawula, Qowala 2. Barra 27. Gadaria, Pal 3. Beta, Hcnsi or Hesi

4. Bagria 28. Garhi-Lohar .i9. Hajjam, , Nais, Sain U 5. Barwar

6. Barai, Tamboli 30. Jhangra-Brahman, Khati, Sathar, Dhiman, , Barhal, B^ddi 7. Baragi, Bairagi 31. Joginatb, , Nath, Jangam-Jogi 8. "Battora 3.2. Kanjar or Kanchan 9. Bharbhuja, Bharbhunja 33. Kurmi 10. Bhat, Bhatra, Darpi, Ramiya 34. Kuinhara. Prajapati 11. Bhuhalia Lohar 35. Kamboj 12. Changar 36. Kbangbera 13. Chirimar ^ 37. Kuchband 4, 14. C^ng 38. Labana 15.'■ Chimba, Chhipi, Chimpa, , Rohilla 39. Lakbera, Manehar 16. Daiya 40. Lohar, Panchal 17. Dhabis 41. Madari 18. Dakaut 42. Mochi 19 Dhimar, Mallah, Kashyap Rajpoot, Kahar, Jhihwar, Dhinwar, Khcwat, Mebra, 43.' Mirasi 20.. Dhosali, Dosali 44. Nar 45. Noongar 21. Faquir 46. 'Naiband 22. Gwaria, Gauria or Gawar 47. Pinja, Penja 23. Ghirath 24':' ' Gha^i, • Ghasiara or Ghosi 48. Rehar, Rehara or Re r

67

4 3

49. Raigar 59." Weaver (Jullaha)

50.. Rai Sikhs. 60. Bhattu/Chattu

51'. Rcchband ■ 61. Badi/Baddon

52. Shorgii\ Shergir 62. Miaa 53. Soi 63. Rahbari 54. Singhikant, Singiwala 64. Charan 55. Sunar, Zargur, Soni 65. Charaj (Mahabrahman) 56. Thatheta, Tamera 66. Udasin 57. Tell

58. Vanzara, Banjara 67. Ramgariha v/.List of Backwaid Classed included in Block *B* for the purpose of reservation in direct recruit ment to Class HI & IV Government jobs.

4. Saint I. / . 2. Gujjar 3. Lodh/Lodha

5. Meo

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L 68

Subect : Reservation of posts for the Scheduled Castes and Backward Classes and Ex-Servicemen onder the services in Haryana State.

Tx 22/55/90-3, 9-11-94 ^ ^ ^TRF ^ nf % ?FT?rrx ^ ^ix^rxf 5i ?nXeiT tRH 'PT "tr" ^fS|T "sft"' Jf gjST ItTT t ' % 9$F^R 50 wFWs(i"d fxtW^T TTT 50 srxr vFTt" t 1 fx^ ^r^T^TR ^TT "t(" ^rqr ^ ^ 'jfifPr/ ^ =5TTt' anxfei^ ^»ff ^ ^rr ^ 1

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No. 22/55/90-3GS-I11

From

The Chief Secretary to Government, Hafyana.

To

1. All Heads of Departments, Commissioners Ambala, Hisar, Rohtak and Gurgaon Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil), in Haryana..

2. The Registrar, Punjab and Haryana High Court, Chandigarh.

Dated Chandigarh, the 30-8-1995 Subject Reservation of posts for Scheduled Castes. Backward Qasses and-Ex-ServiCemen under the- services of Havyana State.

Sir, I am directed to invite your attention to para l(i) of Haryana Govt. instructions No. 22/55/90- 3GS-III, daetd 9-11-94 on the subject cited above and to say that the spellings of Chamars, Jatia Chamars, Rahgars' Raigars, Ravidasias and Ramdasias may please be read as Chamar,- Jatia Chamar, Rehgar, Raigar, Ravidasi and Raradasi. 2. It has come to the notice of Govt. that inspite of clear instructions the departments do not indicate the numbers of Block A and Block B vacancies meant for Scheduled Castes in their requisition / to HPSC/SSS Board. You are, therefore, requested that the hence forth vacancies-meant for Block'A ^ and Block 'B' of S.C.s may be shown clearly in the requisition' to enable the.HPSC/SSS Board to advertise the posts and make recruitment accordingly. • ^ ' • Sd/- Saperiucendent General Services-Ill for Chief Secretary to Government. Haryana. Most Immediate

Date Bound

No. 22/56/91-3GSIII

•The GIiief Secretary to Government. Haryaiia'

To 1. All Heads of Deptts., Commissioners Ambala. Hisar, Rohtak and Gurgaon Division, All the Deputy' • • Commissioners and Sub Divisional Officers (Civil) in Haryana.

2. The Registrar, Punjab and Haryana Hjgh.Court, Chandigarh. } .Dated Chandigarh, the 14th Sept., 1995. Subject :—Special Recruitment Drive for clearing (he shortfall in the reserved categories.

Sir, I am directed to invite yout attention-to the Haryana Government letter No. 2;2/5.6/91r3GSIlI dated 30-9-94 on the subject cited above vide which all the departments were directed .to clear the backlog through special Recruitment Drive within a period of one year.

2. The departments are again directed to wipe out the backlog in all'reserved categories within the specific period if the same exists.

Yours faithfully, . Sd/- Undcr Secretary General Administration, for Chief Secretary to Govt., Haryana.

1883-K0470 (l)-95

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i PROFORMA—I '

STATEMENT SHOWING THE NUMBER OF RESERVED POSTS/VACANCIES (CLASS I '& II) FILLED FROM THE MEMBERS OP SCHEDULED CASTES/BACICWARD CLASSES/EX-SERVtCEMEN AND PfelYSlCALLY HANDICAPPED IN DEPARTMENT/ BOARD/CORPORATION — FOR THE HALF YEARLY REPORT ENDING ^ .

Reason for Class Category Total No. No.of posts/vacancies No. of candidates Shortfall of post of posts/ reserved according to . appointed during shortfall vacancies roster register for the half yearly SC BC, ESM PH filled , under report from (4-8) (5-9) (6-10) (7—11) during the SC BC ESM PH half yearly SC BC ESM PH under report

10 11 12 13 14 15 16

A"" • V PROFORMA—II

OVERALL POSITION OF RESERVED CATEGORIES (CLASS I & II) FOR THE PERIOD ENDING ON- NAME OF THE DEPARTMENT/CORPORATION/BOARD- 0 Total No. of employees of reserved categories out of column No. 2 and thek percentage cmplo%es Ic % . BC % ESM % Physically handicapped in position Ortheao- Total %agc pedically (6+7+ 8)

10

I. Direct

•..j By promotion "

II. Direct

By promotion PROFORMA—III STATEMENT SHOWING THE NUMBER OF RESERVED POSTS/VACANCIES (III & IV) FILLED FROM THE MEMBERS OF SCHEDULED CASTES/BACKWARD CLASSES/EX-SERVICEMEN AND PHYSICALLY HANDICAPPED IN THE DEPARTMENT/ board/corporation FOR THE HALF YEARLY REPORT ENDING —.

Clasi? ofCatesorv post Totalposts/vacancies No. of- reservedNumber ^accordingof posts/vacancies to roster duringNumber'of the^alf candidates yearly appointedunder Shortfall

the half yearly P Block A B A B under report. SO BC ESM PH SO BC ESM PH

P Direct Direct Direct ■ ■ P Block Block Block A B

Block Block Block A B A B A B

A B BC BC BC BC (A) (B) (A) (B)

• 3 4 5 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ^

^ ^ n \ V PROFORMA—IV OVERALL POSITION OF RESERVED CATEGORIES (CLASS III & IV) FOR THE PERIOD ENDING ON- NAME OF THE DEPARTMENT/CORPORATION/BOARD ^

Class Total No. of employees of reserved categories out of column No. 2 & their percentage No. of PH (Direct) employees SC Promotion Direct ESM (Direct) In position Block Block Block Gen. Block Block Gen, BC(A) BC(B) BC(A) BC(B) B

icr 11 12 . 1

HI—Direct

VI By promotion en

TV—Direct : r/%

No. 22/55/90-3GS-III

From

The Chief Secretary to Government, Haryaiia,

To

1. All Heads of Departments. Commissioners Ambala, Hisar Rohtak and Gur^aon Divisions, All Deputy Commissioneis and Sub Divisional Officers (Civil) in Hr yana.

2. The Registrar, Punjab and Haryana High .Court, Chandigarh.

Dated Chandigarh, the 10-11-95 Subject :—Reservation of posts for Scheduled Castes. Backi^ard Classes and Ex-Servicemen under the services of Haryana State.

Sir, lam directed to invite your.attention to Govt.'s instructions No. 22/55/90-3GS-III, dated 9-11-94 and 23-12-94 on the subject cited above ar.d to say that at Serial No. 8 in Anncxure to these letters the Castes mentioned "Banjra" and "Banjara"' respectively may please be read as "Bhanjra" instead ofj '*Banjra" and "Banjara"

Yours faithfully ^Sd/- Under Secretary General Administration for Chid" Secretary to Government, Haryanj

No. 22/51/93-3GS-1I1

From The Chief Secretary to Government, Haryana

To 1 . All the Deputy Commissioners in Haryana.

2. All tile Sub Divisional Officers (Civil) in Haryana.

Dated Chandigarh, the 15/11/95 Subject : Reservation for other Backward Classes-Exclusion of Creamy Layer for the purpose of appoint ment in services and posts under the Govt, of India-Certificate to be produced by the candidates.

Sir, In continuation of Haryana Govt. Letter No. 22/5I/93-3GS-in dated 12-5-94 on the subject cited above I am directed to forward Govt. of India, Ministry of Personnel, P. G. & Pension, Deptt. of Personnel & Training letters No. 36033/28/94-Estt. (GST) dated 28-7-95 alongwith form of certificate to be produced by O. B. Cs. applying for appointment to Posts under the G.O 1. necessary action. A copy of corrigendum, issued vide No. 360J3/28/94-Estt (SCT) dated 17-8-1995 by the Govt. of India, Ministry of Personnel. Public Grievances and Pensions (Deptt. of Personnel and Training) is also enclosed. 77

The latest letter No. 3fi033/28/i>4-Estt. (Res.) dated 10-10-95 now received from the G.O.I, in respect of certificate to be produced by the candidates is also sent herewith for necessary action.

Please acknowledge receipt.

Yours faithfully Sd/- Undcr Secretary General Administration for Chief Secretary to Government, Haryana.

No. 36033/28/94-Estt.(SOT)

Government of India Ministry of Personnel, P. G. & Pensions "4 Department of Personnel & Training

Estt. (SCT) Section

New Delhi the 28 July, 1995.

OFFICE memorandum

Subject Reservation for OBCs-Central list of OBCs in respect of States Jammu & Kashmir, Manipnr, Sikkim and NCT of Delhi.

.The Undersigned is directed to say that the Ministry of Welfare in their Resolution No. 1201I/7/95-BCC, dated the 24th May, 1995 published in Gazette of India Extraordinary Part I Section I No. 163 dated 24th May, 1995 have notified the Central list of OBCs in respect of the following States 1

1. Jammu & Kashmir

2. Manipur

3. Sikkim

4. NCT of Delhi.

1. In the light of the above said Resolution, the form of certificate to be produced by OBCs applying for appointment to post under the Government of India circulated in this Departments O. M. No. 36012/22/93-Estt.(SCI), dated 15-11-1993 has been revised as in the Annexure.

(Hindi version will follow )

Sd/- ( M. VENKATARMAN) Under Secretary to Government of India, ■78

annexure

form of certificate to produced by other backward classes applying FOR appointment TO POSTS UNDER THE GOVERNMEiNT OFIND.A

This is to Certify that : Son of...; ■ of Village District/Division in the State belong to the , •' community which is reognised as a backward class under.

(i) Government of India, Ministry of Welfare Resolution No. l2011'/68/93-BCC(C) dated 10th Sept., 1993 published in the gazette of Inida Extraordinary.

PartI Section-! dated 13th Sept., 1993.

h" (ii) Government of India Ministry of Welfare Resolution No. 12011/9/94-BCC, dated 19-10-94 published in Gazette of India extraordinary part I Section I, No. 163 dated 20-10-94. • '

(iii) Government of India Ministry of Welfare Resolution No. 12011/7/95-BCC, dated the 24th May, 1995 published in Gazette of India, Extraordinary Part I Section I, No. 163 24th May, 1995.

Shri and/or his family ordinarily reside(s) in the District/Division of the State. This is also to certify that he/she does not belong to the Schedule to the persons/Section (Creamy layer) mentioned in column 3 of the Scheduled to the Govermnent of India, Department of Personnel and Training O. M. No.'36022/ 22/93-Estt. (SOT) dated 8-9-93.

Sd/- DISTRICT MAGISTRATE DEPUTY COMMISSIONER ETC.

DATED :

SEAL

NB : (a) The term 'Ordinarily' used here will have the same meaning as in Section 20 of the Representation of the people's Act, 1950.

(b) where the certificates are issued by Gazetted oflicers of the Union Government or State Government, they should be in the same from but countersigned by the District Magistrate ^ of Deputy Commissioner (Certificates issued by Gazetted officers and attested by District Magistrate/Deputy Commissioner are not sufficient.

STRIKE OUT WHICHEVER IS NOT APPLICABLE. 79

No. 36033/28/94-Estt. (SCT)/

Government of India

Ministry of Personnel, Public Grievances

And Pensions

(Department of Personnel & Training)

New Delhi, the I7th August, 1995

CORRIGENDUM

/ Subject ; Reservation for OBCs Central List of OBCs in respect of States Jammu & Kashmir, Manipnr, Sikim and National Capital Territory of Delhi, »

The unhersigned is directed to refer this Ministry's O. M. of even number dated 28th, July 1995 on the above mentioned subject and to say that items (i) and (iii) of the form of certificate referred to therein may be corrected as follows : (i) Resolution No. 1201I/68/93-BCC(C), dated the 10th September. 1993 published in the Gazette of India-Extraordinary-Part-I, Section-I, No. 186 dated the 13th, September, 1993. an Resolution No. 12011/7/95-BCC. dated the 24th May, 1995 published in the Gazette of India-Fxtraordinary-Part-I. Section-I, No. 88, dated the 25th May, 1995.

■ Sd/- (M. VENKATARAMAN) : Under Secretary to the Govt. of India.

No. 36033/28/94-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievences

and Pensions (Department of Personnel & Training)

New Delhi, the iOth October, 1995

To The Chief Secretaries of all the State Governments/Union Territories. ^ub\eet • Reservation for other Backward Classes-exclusion of Creamy Layer for the purpose of appointment in services and posts under the Government of India-certificate to be produced by the candidates. 80

Sir,

I am directed to refer to this Department's O, M. No. 36012/22/93-Estt. (SCT) dated the 15-11-1993 on the above subject wherein State Governments/Union Territories were req uested to issue instructions to the District Authorities to verify and issue necessary certificete to the candidates belonging to other Backward Classes for the purpose of claiming the benefit of reservation for employment in Central Government jobs. The form of caste certificate to be produced by OBCs applying for appointment to posts under the Government' of India was also sent alongwith this letter. A model application form to be submitted by the candidate was also sent with the stipulation that it may be treated only as a model and changes may be incorporated to suit local situation.

2. Instances have come to our notice that the format of the caste certificate prescribed by the Governmeut of India has not been used by State Government/Union Territories with the result the OBC candidates are put to unnecessary leardsbips. The format of the caste certificate prescribed by this Department should not be changed as it was evolved in consultation with the Union Public Service Commission, Staff Selection Commission and the Ministry of welfare and meets the requirement of Government of India in respect of recruitment to s.-rvices and posts Under the Government of India, Central Public Sector Undertakings, the Nationalised Banks and Insurance Corporati.ms. It is, thereforce, requested that the caJe cettificate may be (given in the) fame form as p.-escribed by the Department (copy enclobd).

Yours faithfully, (Smt. Sarita Prasad) Joint Secretary to the Govt. of India.

FORM OF CERTIFICATE TO BE PRODUCFD BY OTHER BACKWARD CLASSES APPLYING FOR APPOINMENT TO POSTS UNDER THE GOVERNMENT OF INDIA.

X This is to certify that son of. of village District/Division. : in the —■ State belongs to the community which is recognised as a backward class under the Government of India, Ministry of welfare Resolution No. 12011/68/93-BCC(C), dated ICth September. 1993 published in the Gazette of India Extraordinary Part-I SectionI dated" I3th Sept. 1993. Shri and/or his family ordinarily reside(s) in the...' District/Division of the State. This is also to certify that he/she does not below to the persons/sections (Creamy Layer) mentioned in column 3 of the schedule to the Government of India, Department of Personnel & Training O.M. No. 36012/22/93-Estt. (SCT), dated 8-9-93.

Sd/- District Magistrate,

Dated : Deputy Commissioner etc. Seal N. B.—(a) The term 'ordinarily'used here will have the same meaning as in Section 20 of the ^ Representation of the people Act, 1950.' (b) Where the certificates are issued by Gazetted Officers of the Union Government or State Governments, they should be in the same from but countersigned by, the District Magistrate or Deputy Commissioner (Certificate issued) Gazetted Officers and attested by District Magistrate/Deputy Commissioner are not sufficient. 81 22/14/96- 33ft. qH.-Ill

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No. 38/14/78.3GS.JII

From The Chief Secretary to Government, Harayna.

To All Sub Divisional Officers (Civil) in Haryana State. Dated Chandigarh, the lOlh April, 1996. Subject Facilities grantod to persons b.ionging to the ooonoraicaliy backward classei-Raising of annual income limit. ""uai

Sir, Novr .o38,i4/78-3GS-I I directed dated to 9-2-79invite onyour the attentionSnbjcct citedto aboveGovernment's and to say instructions tkt it L issued come tovidn the not" e of economically Government thatbackward the economically classes. I backwardam, therefore, certificate to request are not you being kindly issued to issue to the elesibicrequisite oersons certifi cate to the elegible persons.

Your's faithfully, Sd/- Under Secretary General Administration, for Chief Secretary to Govt., Haryana.

RrF*r 22/94/96-3 -Ill

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ProfoTina for Half-yearly Report to be submitted by the Liais(^n Officer to National Commission for SC & ST.

(Report for the half-year ending- -) 1. Did you inspect the reservation rosters as prescribed ? If so, copies of the inspection report may ^ enclosed indicating the action taken by the appDintiag authorities for rectifying the errors, if any, point^ out by you.

V 2. How many proposals of derescrvation of reserved vacancies were examined and concurred in by you ? - / 3. Has the annual statement about representation of SC and ST in all the groups of posts as on 1-1-96 has been furnished to DOP/GAD in the proforma prescribad ? If so, a copy of the statement may be enclosed. 4. Have you sent a consolidated statement to DoP/GAD in the form prescribed showing tjie parti culars of recruitment made in your department/organisation during the last calendar year and the num ber filled by SC and ST ? If so, a copy of the same may be enclosed. -5. .'No. of SC/ST candidates appointed against sever general quota vacancies on the basis of seniority in the case of promotion and on the basis of merit in the case of direct recruitment. Information may be furnished posttvise.

i 6. Do you maintain a list of officers of various levels,belonging to sC/ST working tu other organi sations fo being associated with DPC meetings ? If so, please indicate whether SC/ST officers are associated in the DPC in your department/organisation. 7. Are you in a position to assist National Commission for Scheduled Castes and Scheduled Tribes in the investigation of complaints of SC/ST employees in regard to service matters ? In case you have provided such assistance in any case, the particulars of the case may be furnished. •8. - Is a Ctll working under your direct control to assist you in the discharge of your duties as Liaison Officer ?' If so. the composition of the Cell may be indicated. 9." " ^ Have you directed any case of negligence or lapses in the matter of following the reservation 84 and other orders relating to SCs and STs ? If so, please indicate the action taken by the concerned - authorities in such cases. 10. Numberof false SC/ST certificate cases detected and action taken, against the holders,of such certificates.

No.22/73/92-3GS-ni

From The Chief Secretary to Govt., Haryana.

To Comm1sstonL^Am?ak!Rohtak,Gurgaon and Hisar Divisions, All Deputy Commi ssioners & Sub Divisional Officers (Civil) in Haryana State.

2. ThePunjab Registrar, and Haryana High Court, Chandigarh.

I Dated Chandigarh, the 10th January, 1997.

Subject - Reservation of posts for Schedulde Castes. Backward Classes and Ex-servicemen under the services of Haryana State.

Sir,

reservation policy, should be given the sen or y Governmem that in practice the employees belong-

cadre. , 2 .The Hon'ble Supreme Court in its judgement dated 1-3-1996 in Ajit Singh 'Januja Vs. State of Punjab and others has specificaly held as under ■ »woseniority respectfully between concurthe reserved with the cotegoiy view in CandidaUnion f e ^ j e. wUh reference to their category shall continue ThTiules of reservation gives accelerated promotion, but inter seniority in the lower grade. The lul tf „ «3(^lipHnlftd Castes/Schedulei- it does not give the accelerated Tribe candidate is promoted earlier ^rnmnted latter to that higher grade 'the gCne-

scheduled caste/tnbe candidate m P process there was =n»efhrmo^%f belonging to the general category. .A® . j later^rom the lower grade to the higher 85

grade then auch candidate belonging to scheduled caste/tribe shall be promoted first but when *th(J cusideralion is inretpectoF promotion apainst the ger.erai category post in «thll highp^ grade then the ppnprni canaigate who has been promoted later shall be considereJ senior and his case shall be considered first tor promotion applying eitliei' principle of senior "rity cum merit or merit cum seniority If this rule and procedOre is not applied—rheg"result ^ifrbe ihac majoniy of the posis in-tne higher grade shall be held at one stage by persons who have not only entered in service on basis of reservation and roster but have excluded the general'category candidates from being promoted to the posts reserved for general category candidates merely on the ground of their initial accelerated promotions. This will not be consistent with the requirement or the spirit of Article l

3. On the basis of this judgement various emjdoyees of different departments belonging to general category have.got decisions in their favour from the Punjab and Haryana High Court. The Hon'ble ^High Court in its judgement dated July lOth, 1996, given in CWP No. 3587 of 1966 titled Madan Lai Duggal and S.M. Arora Vs. the State of Haryana and others has hold as under :—

"For the reasous stated above, petitioners succeed and the writs filed on their behalf deserve to the allowed. The, employees belonging to restrbed category, simply on account of their accelerated promotions over their seniors in the lower post, can not claim promotion "earlier to the general category employees. In other words, the mere fact that the reserved category employees have been promoted,prior in point of time from their admitted seniors, they can not claim promotion to the next higher post in Class-I or II service on the basis of their having been promoted from the lower posts eralier in point of time. The authorities cohcct- ned are, thus, directed to consider the case of all, the concerned employees in light of observa tions made by us in this judgement and accordingly promote them to the next higher posts i. e, in CIass-1 and II service."

In view of the aforesa'd judgements of Hon'ble Supreme Court and Punjab & Haryana High Court, it is.thus clear that under the reservation policy, the employees belonging to Sebeduled Castes and backward classes categories can be given accelerated promotions but not accelerated consequential seniority and that the inter-so beniority of the employees of general category and reserved categories should continue to be governed by their original seniority in the feeder cadres. 5. The matter has been carefully examined and it has been decided that from the date of pronounce ment of the judgement by Hon'We Supreme Court in the case of R. K. Sabhamal Versus State of Punjah i. e. 10-2-1995. no employee belonging to reserved categories of scheduled castes or backward classes be given the-bencfit'of-accelerated seniority and other consequential benefits over his/her senior on account of his/ her accelerated picir.otion from the feeder services under the policy of reservation in Class lU and IV services.

Yours-faithfully, Sd/- Joint Secretary.General Administration, for Chief Secretary to Government, Haryana.

No. 22/5I/93-3GS-IU

From

The Chief Secretary to Govt., Haryana.

To

1. All the Deputy Commissioners in Haryana.

3. All-the Sub Divisional Officers (Civil) in Haryana.

Dated Chandigarh, the 19-3-97 •8G ■ Reservation !"or other' Backwurii Classcs-Exdusio'n of Creamy Eaycr for the purpose of - -- appbinihient in services and posts'under the Govt. of India - Certificate to be proouced by 5 • ■ the candidates. • .

■r' 'in ccntinuation of Havyaua Goyt. letter No. 22/51/93-3GS-III dated 2-1-96 on the subject - citcd above I ani directed to forward Govt. of India, Ministry of Personnel, P. G. & Pension, Depatt. of -Personnel & Training letter No. 3603.V28/94-Eslt. (Res.) dated 1-1-97 alongwith revised form of certificate to be produce I by O. B. Cs applying for appointment to posts under the G. O, I. for necessary action.

Yours faithfully, - ;v ^ ' Sd/- " , ^ Under Secretary General Administration, for Chief Secretary to Govt., Ifaryana, No. .22/51/93-3GS-III Dat^d Chandigarh, the 19-3-97 ' A copy is forwarded to the Director, Welfare of Scheduled Castes & Backward Classes Depart- -ment, H^yana, Chandigarh for information and necessary action. ' . . ■ " , ■ Sd/- ■ Under Secretary General Administration, ' /or Chief Secretary te Govt., Haryana.

'-No.'36033/28/94-E9tt. (Res.) « " .

GOVERNMENT OP INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

(DEPARTMENT OF PERSONNEt & TRAINING . NORTH BLOCK, NEW DELHI ^ ^ ' ' Dated the 1.1.1997 - ■

To The Chief Secretaries of the State f Governments/Union Territories.

--^Reservation for other backward classes certificate to be produced by the ' - candidate. Sir, . - - I am directed to invite attention to thh Ministry's O.M. No. 36012/22/93-Estt. (SOT) dated 22.10.1993, a copy of which was enclosed with this Department's letter No. 360I2/22/93-Estt. (SCT) dated 15.11.1993 prescribing tbe form of certificate to be produced by other backward classes for appointment to posts under the Government of India. 2. In foot-note (b) below the form of certificate, it has been stated uhat where the certificates arc Jl issued by Gazetted Officers of the Union Government or Slate Governments, they should be in the ^ same form but countersigned by the District Magistrate or Deputy Commissioner (certificates issued by Gazetted Officers and attested by District Magistrate/Deputy Commissioner are not sufficient). This issue has been re-examined and it has been decided to delete the existing foot-note (b) below the form of Certificate, since, in the first place, "Gazetted Officers" of the Union and State Governments have not been authorized to issue caste certificates. 87

3. The revised format of the certificaic, indicating the revised foot-notc"(b), that may be given by the concernccncerncd district authorities would be as in Annexure

4. The revised form of certificate will be operative from 1st February, 1997. 5. It is requested that wide publicity may be given to this order and the certificate issuing authorities should be yppropriately briefed in order to ensure prompt and correct certification. 6. A copy of the orders issued by your-Government in this regard may also-be endorsed to this Department for information. • ;;

Youts faithfully, '" ^ - • - ■ • r. ^ ^ PARANDE) DIRECTOR

•' " annexure" "• ' ■ ■ '■ ' ■■ '

FORM OF CERTIFICATE TO BE PRODUCED BY OTHERS BACKWARD CLASSES -J APPLYING FOR APPOINTMENT TO POSTS UNDER THE GOVERNMENT OF INDIA

This is tc,certify that r—:—r- 7"^ son/daughter of-^—r -^of village—;-:-r 7 ^ rr : rrn Distvicty'Division. ^ State —7— : • " ; —belong to the;;^—: ^ community Which is recognised as'a bacicward'class-under the Goycrnmect of India,""MinTstry-of Welfare Resolution No. 120il/68/9^3-BCC(C):dated lOth Sept., 1993 published in the Gazetteof India Extraor-' dinary part 1 SectionI dated 13th Sept., 1993 Shri ■ -and/or his family ordinarily rcside(s) in the ; District/Division of State, this is also to ceriify that he/she does not belong to the persons/sections (Creamy Layer) mentioned in columi 3 of the Schedule to .the" Government of India Department of Personnel & Training O.M. No. 360l2/22/93-EsLt. (SCT) dated 8.9.1993.

District Magistrate, Deputy Commrssioncr etc.

Dated :

Seal - V ^ ■ • . 7 ; • • ;7 •

NB ; (a) The term 'ordinarily' used here will have the same meaning as in Section 2b'of the Representation of the People Act, 1950. •• • Xb) The authorities compstent to isaue.casta certificates are indicated below (i) District Magistrate/Additicnal Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendary Magistrate/Sub-Divisional "Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (not below the rank.of 1st Class Stipendary Magistrate). ^ (ii) "'chief Presidency'Magikrate/Additional Chief Presidency Magistrate/Presidency Magistrate. (lii) Revenue Officer not below the rank of Tehsildar, and (iv) Sub-DivisionnI Officer of the area where the candidate and/or his family resides. 88

No. 22/3'/97-3GSIII

From

Chief Secretary to Govt., Haryana.

To

I. All Heads of Departments and Coinmisfioners, Ambala, Hisar, Gurgaon and Rohtak Divisions in the State of Hnryana.

2. All Deputy Gomotissioner in the State of Haryana, Dated Chandigarh, the 2nd May, 1997. ■i Subject".—Employment of inmates of Homes/lnfinnaries in Govt. offices in the Haryana State. •#

Sir, I am directed to invite your attentioa to Haryana Government's • instructions issued vide No. 22/42/81-3GS. HI, dated 13-8-82 on the subject cited above and to say-that-it has been brought in the notice of Government that many departments are not complying With the above Tsferred'Oovt. Instruction in giving-employment to inmates of-Homes/Infirmaries in Govt. offices "in the-Haryana..State. I am-to reiterate these .instruetions with the .request that .preference should be given in employment to trained Inmates of Homes/Infirmaries which are being tun under the supervision df'the Social WelfareWellare departm^department. These Hom^s/Infirraaries are-as un'der:—

(i) 'Mahila Ashram, Karnal. (lij Kasturba Seva Sadan, .Earidabad.

(iii) Infirmary (Mahila Ashram) Rohtak.

(iv) State After Care Home, Sonepat.

(v) Special School, Sonepat. (vi) Adult Blind training Centre, Sonepat.

.-(vii) Govt. Blind School, Panipat. / (viii) State After Care Home (for Girls) Kamal.

\ (ix) Widow & Destitute Home, Faridabad, Rohtak and -Karnal.

Yours faithfully, Sd/- Uuder Secretary General Administration, for Chief Secretary to Govt., Haryana.I. A 89

22/94/96-3 HI

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No. 22/79-95-305 III

From The Chief Secretary to Govt., Haryaua.

To 1. All Heads of Departments. ;

2. Commissioners Ambala/Hisar/Rohtak & Guigaoh Division. 3. All Deputy Commissioners & Sub Divisional Offiicers (Civil) in Haryana.

4. The Registrar, Punjab & Haryana High Court. Dated Chandigarh, the 12-6-97.

'Eidiancemcnt Of'reservation quota of ex-servicemen in direct Tccroitmeut to the Class-lII & r . IV posts.- • . - iSir, ' ' ■■ ■ jr • ■ ram directed to .invite your attention to Haryana GoveiQment inslfnotions issued vidC' •Nov,-22/36/95-3GS-III, dated 20-7-95 vide which 100% Horizontal reservation for • ex-servicemen was .; given in direct recruitment to Class III <& IV posts which is adjusted as under

Sr. No. Category Percentage of reservation In Block'A'of 3% .' - - ' Backward Classes

2. In Block'B' of Backward Classes 3% 3. In General Category 4% '

2. This matter has further-been considered aud after careful consideration the State Govern ment has now decided to increase the present horizontal quota of reservation of posts for ex- scrvicomcn fromT()% to 15%. This l5%quota shall be adjusted as under :—

Sr. No. Category Percentage of reservation

1. In Block'A'of Backward Classes. 3%

2. In Block *B'of Backward Classes. 3%

3. In General Category 4%

4. scheduled Castes ' 5% '

. ;5." .The rosteri-points 20,40,60,80 and 100 meant for Scheduled Castes will be filled from the ex-servicemen belonging to Scheduled Castes. - Tne. roster points for, ex-servicemen belonging to Backward Classes Block A & B and General Category will' remain the same.

'4. These instructions may kindly be brought to the notice of all concerned working under you fof'strict compliance.' . . - ■ •

Yours faithfully, Sd/— Joint Secretary, General Admn., for Chief Secrtary to Govt., Haryana. 91

No. 22/51/93-3GS-ni

From

The Chief Secretary to Govt., Haryana.

To

. 1 . All the Deputy Commissioners In Haryana.

2. Ail the Sub Divisional Officers CCivil) in Haryana.

Dated Chandigarh, the 18-6-97 Subject Issue of Community status certificates for employment/examinations etc.;

Sir, In continuation of Haryana Govt., letter No. 22/51/93-3GS-nr dated 19-3-97 on the subject cited obove I am directed to foiward Govt. of India, Staff Selection Commission, Department- of Personnel & Training, Ministry of Personnel, Public Grievances & Pcnsicns letter No. 6/171' 97-P&P-I c'ated 3-6-97 and to request that certificates may please be i^^ued the prescribed for- JTIltS.

Yours faithfully, ;

Sd/—

Under Secretary General Admn., /or Chief Secretary to Govt., Haryana.

/ « 1: / ' 1 Copy of letter No. 6/i7/97-P&P-I dated 3-6-97 from the Uid^r ^oretavy to Govt. of India Staff-Seloction Commission, Department of Personnel <6 Training, Ministry of Personnel,-Public Grievances & Pensions', Block No. 12, Kendriya Karyalay Parisar, Lodi Road, New Delhi 'addressed to the Chief Secretaries, All States/Union Territories. • :

Subject issue of Commiialty status certificates for employmeiit/examlhations etc.

I am directed to-ay that the Deptt. of Personnel <$: Training in the Ministry of Personnel, Public Grievances and Pension of the Govt. of India h^s prescribed specific formats for issuing onste/community certificates vis-a-vis the SC, ST and OBC certificates.

• ■ -2. It is, observed that in a number of cases candidates applying for examinations/recruitments conducted by this Commission are submitting such certificates in formats other than the ones pre scribed by the Govt. of India. This results in reJection/caQcellatioa of their candidature and con ,k sequently ihey feel aggrieved and harassed. This also results in filling of cases in Tribunals/ Courts by aggrieved parties. 3. In view of the above this Coinraission requests that such certificates may please be Invari ably issued in the prescribed formats.

L 92

No. 22/88/96-3GS HI

From The Chief Secretary to Govt. Haryana.

To i) All Heads of Departments. ii) Commissioners Ambal i/Hisar/Rohtak & Gurgaoii-Divisions. iii) M\ Deputy Commissioners & Sub-Divisional Oi'hccrs (Civilj in Haryana. . iv) The Registrar; P.iinjabjfe Haryana High Court.

/ Dated Chandigarh, the 25-6-97. / > 5w/)/ec(*—Instructions regarding the candidates belonging to S.C. & B,C. sslected on his own ' merit and not by virtue of rule of reservation.

Sir, . ■ 'I am directed to invite your attention to Haryana Government instructions issued No 1257-2GS 111-75/7995, dated 25-3-1975 on the subject cited above wherein it down that the number of post filled in by appointing candidates belonging to * and Backward Classes categories who are selected on their own merit should be r^uced from ?he quoirmeaat for their category and io say that the Hon;ble Supreme Court wh.lc deciding the-case of Indra Sawhncy has passed on 16-11-92 the following order . "Ill this .connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to, say.Scheduled Castes get selected in the open competition held on the basis of their own^ merit; they will not be counted against the quota ^reserved for Scheduled Castes; they will be treated as open competition candidates . 2 Keeping in view the above decision the matter has been considered by the Government"and it has been decided to amend this department'r instructions issued vide No. 1257-2GSI-75/7995, dated 25-3-1976 as under "If any member/members belonging to Scheduled Castes/Backward in the open competition for direct reciuitment on the basis of their own will not be coiinled against the quota reserved for Scheduled Castes/Bac^rd Classes, they will be treated,as open competition candidates. However such candidates Sd fulfil couditions of eligibility regarding age etc as are meant for general category candidates." 3. These instructic ns may kindly be brought to the notice of all concerned working under you for strict compliance.

Yours faithfully for ChiefJoint Secretary Secretary to General Govt. Haryana.Admn. ^ 93 V No. 22/48/95-3GS-III

From The Chief Secretary to Goverament of Haryana.

To 1. All Heads of Departments, Commissioners Ambala, Rohtak, Gurgaon and Hisar Divisions, all Deputy Commi ssioners & the Sub-Divisional Officers (Civil) in Haryana State. 2. The Registrar, . uiija.b;and Hnryana High Court, Chandigarh. Dated Chandigarh, the 7th August, 1997. Suhiejr .•— Provision of reservation because of inter-category marriage.

Sir, I am directed to invite your attention to the subject mentioned above to say that matter tegarditjg extenaing .benefits of, reservation -in case of inter-category marriages'hag • ensaecd the attention of the Govt. 'for some time past. Keeping in view the legal position (Supreme Court Rulings), it has been held that marriage cannot change the Castc/Comniunity/configuration. The Government after careful consideration has decided that if -a person belonging rto the scheduled Castes or Backward Class catepnes jnarrics .another belonging to the general category he/she shall continue to be entitled to the -benefits of reservation but if a person belonging to the general.cate^ory marries a person bcIoDgmgto-the Scheduled Castes or Backward Classes category, he/she shall not ii- entitled" to the .Mnefits of -reservation. ■These instructions should be brought to the notice of all concerned for strict compliance.

Yours faithfully, Sd/- Joint Secretary General Administration, for Chief Secretary to Govt., Haryana.

No. 22/51/93-3GS-III J- From Tlie Chief Secretary to Govt., Haryana.

To 1. All the Deputy Commissioner in Haryana. 2. All the Sub Divisional Officers (Civil) .in Haryana. -Dated Chandigarh, the 12-8-1997. Reservation for other Backward .Classes-revised jirpforma certificate. Sir, off Govt. M'f'stry ^v'te of yourPersonnel attention Public on Grievances the subject'cited & Pensions above, (Department and to enclose of Personnel a copv &Ac Training)Iraininm NorthNnrth Block,Hlrtol/- NewMai

Yours faithfully, ' Sd/- Uader Secretary General Admn., for Chief Secretary to Govt., Haryana.

I ^ • 94 tio. 36033/28/94-Estt. (Res) ^

f GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES tSi PENSIONS ■ ■ (DEPARTMENT OF.PERSONNEL ,& TRAINING)^ ^' NORTH BLOCK, NEW DELHI.

• - - - Dated-the 2nd July, 1997.

To

The Chief S&cretaries,

All State Governments/Union Territories, i ; :—ReseiTafion for other Backward Classes-revised proforma certificate. , , | ■ ' ' K Sir,,.- . .. ■ ■ ' - .

. T am directed-to enclose revised proforma* certificate to" be produced by the' candidates i • ^belonging to the OBCs' The revised proforma has been necessitated by 'certain, notiflcatftjns/ ■ '^amendments in 'the'Central list of OBCs in respect of the. fqllojving States contained in the Ministry of Welfare's Resolution No. 12011/44y96-BCC dated the 6th December, 1996 published in. the Gazette of India Extraordinary Part-I Section-:I No. 210 dated 11th December 1996:—

(i) Bihar

,(ii) Goa . . .. .

(iii)" Gujarat

(iv) Haryana ' - ' ' v

(v) Orissa -

(vi)

(vii) West Bengal . • .wv * ^ ' '' • • ^ ^ 2. It is requested that the concerned. authorities competent. to issue the certificate for the OBCs may be apprised of the revised proforma so that the candidates belonging to the OBCs now included "in the resolution dated the 6th December,'1996 do not face 'any problem.

(Hindi Version will, follow). . . .. i

'' " Yours' faithfully, * .J . (J. KUMAR) • Under Secretary to the Govt. of India. 95

FORM OF CERTIFICATE TO BE PRODUCED BY OTHER BACKWARD CLASSES APPLYING FOR APPOINTMENT TO POST UNDER THE GOVERNMENT OF INDIA

This ij to certify that- son/daughter of —3f village— District/Division in the State belongs to the ; : —community which is rccognise'd as a backwcrd class under : (iy Resolution No. 120Il/68/9^-ECC (C) cated the lOtli September, 1993, published in the Gazette of India Extraordinary-Part 1, Section 1, No. 186 dated I3th ' September, 1993. (ii) Resolution No. 12011/9/'94-BCC- dated I9th October, 1994, published in the Gazette of India Extraordinary-Part .1, Section 1,Nj. 163, dated 20th October. 1994. ■- (ill) Resolution No. 12011/7/95-BCC, dated the 24tli May, 1995, published in the Gazette of India-Extraordiiiary-Part 1, Section I, No. 88, dated 25th May, 1995. (iv) Resolution No. I2011/44/96-BCC, dated the 6th December, 1996, published ih'the Gazette of India-Extraordinr.rp-Pait I, Section 1, No. 210, dated the Ilth December, 1996. Shri and/or his family ordinarily reside (s) in the- District/Division of th6 State. This is also to certify that he/she does',hot belong to ihe persons/sections (Creamy Layer) mentioned in column 3 of the Schedule to^ihe Goveinmcnt of India, Departmen'of Personnel Training O.M, No 36012/22/93-Estt. (SCT) dated 8-9-1993. ' ■

District Magistrate, Deputy Commissioner etc. Dated : . ' . ' ■.J': Seal

NB: (a) The term 'ordinarily' used here will have the,same meaning as in Sectio* 20 of the Representation" of the People Act, 1950. . . (b) The authorities competent to issue caste certificates are indicated below :— (i) District Magistrate/Additional Magistrate/Collector/Deputy Commissioner/Additional i , Deputy Co mmis; loner/Deputy Collector/Ist Class Stipendary Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Cotnmissioner (not below the rank of 1st class Stipendary Magistrate). (ii) Chief Presidency' Magistrate/Additicnal Chief Presidency Magistrate/Presidency .Magistrate. (iii) Revenue Officer not below the rank of Tehsildar ; and ^ (iv) Sub-D ivisicnai Officer of the area where the candidate and/or his family resides. 96

No. 22/79/95-:GS III

From The Chief Secretary to GovcmmBnt Haryana.

To

1. Air Heads of Depaitinents, CoinmisPiotiera, AmbAla, Hisar, Gurgaon & Jlohtak Division^, All Deputy Commi.sioners and Sub-Divisional OflBcers (Civil) in Haryana State.

2. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated Chandigarh, the ,12th Sept. 1997. Subjecti Filling backlog in the teserved vacancies—Supreme Court Jadgement in Indira Sawhncy case,

Sir 1 am directed to refer to the instructions to the Haryana Government issued vide.' No. 22/31/89-3GSIII, dated 7-7-r989 and subsequent instructions issued by the Government •regarding the subject mentioned above. Vide .these instructions, all the Department iiad directed .to fill up the vacant posts meant for reserved categories under the special recruitment drive so that backlog of the reserved vacancies could be cleared. It may bo noted that the Supreme Court of India while deciding the case of Indira Sawhney (writ Petition (Civil) 930 of 1990) on 16-11-1992 had made the following observations: — "The position can be better explained by taking an illustration. Take, a unif/service/ cadre comprising 1000. The reservation in favour of Scheduled Tribes, Scheduled Castes and other Backward Classes is 50% which means that out of the 1000 posts 500 must be held by members of these classes i.e. 270 by otlijr backward classes, 150 by Scheduled castes and so by scheduled tribes. At a given point . of_ time. Let us say, the number of members of O.B.C's in the unit/service/category is only 50. A short fall of 220. Similarly the number of members of Scheduled Castes and Scheduled'^Tribes is only 20 and 5 respectively, shortfall of 130 and 75. If the entire service/cadre is taken as a unit and the backlog if sought to be made up, then the open competition channel has to be choked altogether for a number of years until.^ the number of members of all backward classes reaches 500 i.e. till the quota meant -for each of them is filled up. This may take quite a because the number of vacancies arising .each year number of years/are not many. Meanwhile, the members of .open competition; category would became age barred .and ineligible. -Equality of opportunity in their case would became a mere mirage. Tt must be remembered that the equality -of opportunity guaranteed by-clause (I) is to .each individual citizen of the country while clause (4) contemplates special provision being made in favour of socially disadvantaged classes. Both must be balanced against each other. Neither should be ,allowed to eclipse the other. For-the above reason, wc hold that for the purpose of applying the rule o'f 50% an year should be taken as tho-unit and not the -entire 'strength of the oadre, service or the unit as the case may be". 98. We are in respectful agreement with the above" statement of law. Accordingly, we over-rule the-decision in' Devadasan. We have already discussed .and explained the 50% rule in paras 93 to 96. The same position would apply in the case of carry forward rule as well. We however, agree that an year should be taken as .the .unit or basis, . as the case may be, for applying the rule of 50% aud not the entire cadre strength. 99., We may reiterate that a carav forward rule need not necessarily bo in the same terms as the one found in Devadasan. A given rule may say that the unfilled reserved vacanciw shall not be filled by unreserved category candidates but shall be carried forward as such for a period of three years. In,such a case, a conteutlon may be raised that reserved posts remain a separate category altogether. In our opinion however, th© result of a?

application of carry forward rule, la wliatever mamier it is opsrnted, should not result in breach of 50% rule". Advice of Law Department, was solicited regarding this matter and their-advice ig •reproduced as unaer:— <3. -'The 'Hon'ble- Supreme Court in Indira Sawliney's case held that reservation was' not to exceed ,50'%; -Tt v^as further clarified that for the purpose of applying the rule of 50% an* year should be-.taken'as unit and not the entire strength of cadre. Commenting upjn the carry rule, the Supreme Court further clarified that the result of application of carry forward rule, in whatever manner it is operated, should not result iji breach of 50% rule.

According to the aforesaid dictum of Supreme Court, carry forward rule and filling up of backlog reserved category have become redundant. Efforts are now to be made to fill up . all the" reserved vacancies, occuring * in a particular year in the same year itself. If, however, these are not filled up these will be added to the vacancies of next year and 50% of these vacancies in the nc^t year would be reserved. The only way therefore to fill up the unfilled up reserved vacancies can be to advtrtise these posts again in the same year and tiy to fil-up as many posts as posuble. The instructions therefore have to be revised in the light of the aforesaid judgement o;' the Supreme Court. V ■■ " In view of the above quoted decision of tile Supreme Court of India and the adv'ce tendered by the Law Department, the matter has been examined afresh andater careful consideration it has been decided by the Government that for the purpose of applying rule of 50% an year should be taken as the unit and not the entire strength of ths cadre, service or the unh, as the case may be, If reserved vacancy of any category remains unfilled in the firs: attempt, then tnese posts should be re-advertised during and wiihii the same year. However, if the reserve 1 v.icaney still remain; unfilled at the end of the year, these would not be added as a backlog in the next year. In the next year alsj, the total posts filled up from the re..erved categories shall not exceed 50% iri all. \ These instructions may kindly be brought to the notice of all concerned working under you for strict compliance. %

Yours faithfully, Sd/- Joint Secretary General Administrafion, for ■ Chief Secretary to Govt., Haryana. J- No. 23/96/96-GSIIl

From

The Chief Secretary to Govt., Haryana.

To

1. All -Heads of Departments. ' • 2: Commissioners, Ambala/Hi'sar/Rohtak" & Gurgaon Divisions. 3. All Deputy Commissioners & Sub Divisional officers (Civil) in Haryana. 4. The Registrar, Punjab and Haryana High Court,^Chandigarh.

Dated Chandigarh, the 14th Oct., 1997. ^HbyVef:—Reservation for Scheduled Castes, Backward Classes (Bloek & 'B') Ex-servicemen and physically Handicapped persons in direct recruitment of Ciass-lll and Class-IV Government Jobs.

L 98

Sir,

i am dircclcd to invite your attention to Haryana Government instructions issued vide No. 22/36/95-3GSIII, dated 20-79-5 on the subject cited above and to say that vide these instructions 3% 'Horizontar reservation in direct recruitment to Class 111 and Class IV posts was provided to physically Handicapped (Orthopacdically Handicapped, Deaf & Dumb and Blind".) But keeping in view "'THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT 1995' passed by Parliament this matter has further been considered and after careful consideration the State Government has now decided to convert the present 3% 'Horizonml'.reservation into 'Vertical' reservation (1% for blindness or low vision, 1% for hearing impairment and 1% for Locomptor disability or cerebral palsy persons) Li direct recruitment of Class 111 and IV posts. In a block of 100 posts in each cadre the posts No. 33, 66 and 97 shall bs filled up by the physica'ly handicapped.

These instructions may be brought to the notice of allconcernei working unler you for strict compliance.

Yours faithfully, Sd/- Jiint Secretary General Administration, ^ for Chief Secretary to Govt., Haryana.

No. 22/51/93-3GS-ni

From

The Chief Secretary to Govt., Haryana.

To

I. All the Deputy Commissioners in Haryana.

2. All the Sub Divisional Officers (Civil) in Ha'-yana. Dated Chandigarh, the 14th Oct., 1997. ^ Sub]ecf.—^Issuing of Caste/Community Certificate in the prescribed proforma to S.C./S.T.&O.B.C. for Central Govt. Service.

Sir, I am directed to invite your attention on the subject cited above and to enclose a copy of D.O. letter No. 6/17/97-P&P-1, dated 15-9-97 with its enclosure received from Sh. B. Shankaran, Chairman, Govt. of India, Staff Selection Commission, BIock-12, C.G.O.-Complex, LodhiRoad] New Delhi with the request that the Caste/Commu lity Certificate may please be issued to the S.C./S.T. & O.B.C. is the prescribed pro.brma (copy enclosed) for getting job in Govt. of India.

Yours faithfully, . - Sd/- Under Secretary General Admn., for Chief Secretary to Goyt. Haryana. 99- Copy of D.O. No. 6/17/97-P&P-1 dated 15-9-1997 from. B. Saukaran,, Chairman, Staff Selection Cmnmission, Government of India, New Delhj addressed to Shri Ram S. Varma, Chief Secretary to Govt., Haryana, Chd.

Kindly refer to this Com.nission's letter -of even. no. dated 15-9-97 requesting th-jrein to issue Caste/Community C-rtificate'in' the presiribed formate only. As Commission Is accepting" the certificates only in the fornr.t prescribed by Department of Personnel &' Training. I am / sending a copy of each format for SC/3T & OBC certificates currently being accepted by this Commission.

- . V- fa case difficulty is, encountered in issuing certificates in thes'J format, Estt. (SCTj Division O-Ptrtment of Personnel & Training, North Block, New Delhi, may please be suitably addressed. V •

format for sc/st certificate

A candidate who claims to belong to one of the S;heduled Caste or the Scheduled Tribes ' should submit- in^ support of- his clain an atteUed/certihed copy of a certificate in the form given below, from the District Officer or the Sub-Divisional Officer or any other officer as indicated below of the District in which his parents (or Surviving parent) ordinarily reside-who has been designated by the State Government concerned as competent to issue such a certificate. If both his parents are dead, the officer signing the certificate should be of the district in which •. the. candidate himself ordinarily resides otherwise than for the purpose of his own education. Where-ever photograph is an integral part of the certificate, the commission woull accept only^ attested photocopies of such certificates and not any other attested or true copy.

/ The form of the certificate to be produced by . Scheduled Castes and Scheduled Tribes ■ candidates,applying for appointment to posts under Government of India J- This IS" to certify that Shri/Snit./Km--^^. ^ . ^ ^ son/daughter^' ■ of of village/town*— 'in District/Division-— —ofthe State/Union Territory* ^ . belongs to the Caste/Tribe* : . which is recognised as a Scheduled Caste/Scheduled Tribes* .Under:— , - - c. The Constitution (Scheduled Castes) order, 1950- The Constitution (Scheduled Tribes) order, 1950— — the Constitution (Scheduled Castes) Union Territories order, 1951' -the Constitution(Scheduled Tribes) Union Territory order,. 1951*-

(As amended by the Scheduled Castes and Scheduled Tribes Lists (modification) order, 1956; the.-Bombay reorganisation .Act, 1960, the Punjab reorganisation Act 1966, the State of Himachal--Praaesh-Act, 19-70, the -North-EasternfArea (reorganisation) Act, 1971 and'-the Scheduled Castef,aad .Scheduled Tdbes.order.(Amendment) Act, 1976). . .. 100

The Constitution (Jainmu & Kashmir) Scheduled Cnstg order, 1956*

The Constitution (Andaman and Nicobar Islands) Scheduled Tribes order, 1959 as mended by the Scheduled Castes and Scheduled Tribes order (Amennient Act), 1976* :———

The Constitution ("Dudar and Nagar Haveli) Scheduled Castes order, 1962

The Constitution (Dadar and Nagar Haveli) Scheduled Tribes order, 1962

The Constitution (Pondicherry) Scheduled Castes order, 1964]@

The Constitution (Scheduled Tribes) Uttar Pradesh) older, 1967,® ' ^ ^ ^ ^ r

The Constitution (Goa; Daman & Diu) Scheduled Castes order, 1968 @

The Constitution (Goa, Daman & Diu) Scheduled Tribes order, 1968 @

The Constitution (Nagaland) Scheduled Tribes crier, 1970 @

The Constitution (Sikkim) Scheduled Castes order, 1978 @

The Constitution (Sikkim) Scheduled Tribes order, 1978 @

I

The Constitution (Jamrau & Kashmir) Scheduled Tribes order, 1989 @

The Constitution (SC) orders (Amendment) Act, 1990 @

The Constitution (ST) orders (Amendment ordinance 1991 @

The. Constitution (ST) orders (Second Amendmcul) Act, 1991.

The Constitution (ST) orders (Amendment ordinance 1996. %2. Applicable in the case of Scheduled Castes, Scheduled Tribes persons who have migrated from one State/Union Territory Administration.

This certificate is issued on the basis of the Scheduled Castc/Scheduled Tribes certificate issvid to Shri/Smt.% :—Father/Mother,% ^ of Shri/Smt./Kumari% — — —~—~ ' ^ 101

Village/Town — = __jji District/Division % of the State/Union Territory % who belong to the — _—

Caste/Tribe which is recognised as a Scheduled Caste/Schcduled Tribe in the State/Union Territory % issued by the ^ Dated . % Shri/Sait/Kumari an l/or* his/her family ordinarily reside (s)'iii Village/Town* of — — - -—District/Division* of the Stale/Union Territory of .

c Signature-

% % Designation- (with seal of office) State/Union Territory

Place

Date

% Please delete the words which are not applicable.

@ please quote specific presiden'ial order.

% Delete the paragraph which is not applicable.

V NOT£ : The term ordinarily reside (s) used here will have the same meaning as in section 20 of the Representation of the people Act, 1950.

S List of authorities empowered to issue Caste/Tribe Certificates : (i) District Magistratie/Additioual District Magistrate/Collector/Deputy Commissioner/ Additional Deputy Commtssioner/Dy. Collector/Ist Class Stipendiary Magistrate/Sub- Divisional Magistrate/Bxtra-Assistant Ccmmissioncr/Taluka Magistrate/Bxecutive Magistrate. (ii) Chief Prescidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

(iii) Reveuue Officers not below the rank of Tehsildar. (iv) Sub-Divisional officers of the area where the candidate and/or his family normally resides.

1 NOTE: ST Candidates belong to Tamil Nadu State should submit caste certificate ONLY FROM THE revenue DIVISIONAL OFFICER. 102

FORM OF CERTIFICATE TO BE PRODUCED BY OTHER BACK.WARD CLASSES APPLYING FOR APPOINTMENT TO POSTS UNDER THE GOVERNMENT OF INDIA

This is to certify that son/daughter of of village- District/Division in the—

State — belongs to the community which is recognised as" a backward class under (i) Resolution No. 1201 l/68/93-BCC(C) dated the IGih September, 1993, published in the Gazette of India Extraordinary-Part I, Section I, No. 136 dated I3th September, 1993.

(ii) Resolution No. i20Il/9/94-BCC dated I9th October, 1994 published in the Gazette of India Extraordinary Part I Section I, No. 163, dated 20th October, 1994. >

^(iii) Resolution No. 120I1/7/95-BCC, dated the 24th May, 1995, published in the Gazette of India-Extraordinary-Part J, Section 1, No. 88, dated 25th May. 1995.

(iv) Resolution No. 12011/44/96-BCC, dated the 6th December, 1996, published in the Gazette., of India-Extraordinary-Parr 1, Section 1, No. 219, dated the 11th December, 1996.

Shri and/or his family ordinarily reside(s) in the —District/Division of the Slate. This is also to certify that he/she does not belong to the persons/sections (Creamy Layer) mentioned in column 3 of the Schedule to the Government of India. Department of Personnel & Training O.M. No. 360I2/22/93-Estt. (SCT^ dated 8.9.1993.

District Magistrate 1 Dated - " Deputy Commissioner etc.

Seal NB^: (a) The term 'ordinarily* used here will have the same .meaning as in Section 20 of the Repre sentation of the peo'ple Act, 1950. (b) The authorities competent to issue caste certificates are indicated below :— (i) Distriet Magistrate/Additional Magistrate/Collector/Dcputy Commissioner/Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendary Magistrate/Sub-Divisional Magistratc/Taiuka Magistrate/Executive Magistrare/Extra Assistant Commissioner (not below the rank of 1st Class Stipendary Magistrate). (ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency :k Magistrate.

(iii) Revenue officer not below the rank of Tehsildar; and (iv) Sub-Divisional Officer of the area where the candidate and/or his family resides.

J 103

22/89/97-3

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No. 22/86/97-3GS-irr From The Chief Secretary to Government Haryana. To 1. All Heads of Depaitmeiifs, Commissioners/Ambala, Hisar, Rohtak and Gurgaon Divi.,ions, 2 . All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. 3. The Registrar, Punjab & Haryana High Court, Chandigarh. W Dated ChanAigarh,-the 13th November, 1997. Subject : C.W.P. 4150/97-Sushma Verma Vs. State of Haryana appoinln ent of physically handicapped . - persons in Government jobs. -I J' I am dire:ted to invite your attention to the order of Hon'ble High Court Punjab & W Haryana (CWP No. 4150/1997). The Hon'ble High Court of Punjab & Haryana has issued the follow- ^ ing directives which are to be complied with immediately : (a) In accordance with directives issued by the Chief Secretary, Haryana vide circular dated 23-7-97, all those Heads of the Departments and other authorities, who have so far not identified tho posts reserve! for physically handicapped persons, shall now undertake this ; exercise and complete the process within one month from today. (b) Within next four months, the corapefent authoiities shall take steps to make recruitment -^"against all the ovacant posts reserved for physic.illy handicapped persons and appointments 'to be given to the selected candidates strictly in the order of their merit among physically handicapped persons. ^ (c) The Government shalll simuUaueously issue iustructions to all the authorities to identify the remaining vacancies posts reserved for physically handicapped persons and take' prompt steps for making recruitment against such vacancies ^ simultaneously with the recruitment of general category candidates so that the candidates belonging to the categories of physically handicapped are not adversely affected. In the light of judgement of the Hon'ble High Court quoted above your are requested ^ to ensure that the posts reserved for physicaUy handicapped persons in your departments. may be identified within one week under intimation to the office of Chief Secrataiy, Government of Haryana. All competent authoritiers shall also ensure (as desired by the Hon'ble -High Court), recruitment against all vacant posts reserved for physically handicapped-persans should be made and appointments be given to the selected candi dates strictly in order of merit amongst the physically Handicapped persons. If necessary, relaxation from the Finance Department may be taken in case the vacancy comes under the ban imposed by the Finance Department, ^ As desired by the Hon'ble High Court it .nay be ansurcd that prom^st steps are taken for making recruitment of physically han iicapped persons against vacancies simultaneously with the recruitment of General Category candidates so that the candidates belonging to the category of physically handicapped are not adversely affected. It may be noticed that the Hon'ble Supreme Court of India while deciding the case of the Excise Superintendent MaIkapatnam, Krishna V/sK.B.N. Visweshwara Rao and others (Civil Appeal No. 11646-11724 of 1996) on 22.10.1996 had made the following observations:— A "Having regard to the respective contentions, we are of the view that contention of the respondents is more accaptable which would be consistent with the principles of fair play, justice and equal opportunity. It is common knowledge that many a candidates 105

a'-e unable to have the names sponsored, though their names are either registered, or arc waiting to be registered in the employment exchange, with the result that the choice of selection is restricted to only such of the candidates, whose names come to be sponsored by Hie employment exciange. Under these circumstances many a . deserving candidates are deprived of the right to be concidered for appointment to a post under the Sfatc. Bather v'ew appearf. to be that it should be mandatory for the requisition ing authority/establishment to intimate the employment exchange and employment exchange shouU sponsor the names of the candidates to the requi'^itioning Departments for selection strictly accordingly to seniority and reservation as per rcquistiion. In addition, the appropriate Department or undertaking or establishment, should call for the names by publication in the newspapers having wider circulation and also display on their office notiTC b.iards or announce radio, television and employment- news bulletins and then consider the case of all the candidates who have applied. If this procedure is adopted, fair play would be subserved. The equality of opportunity in the matter of employment would be available to all eligible candidates." In view of the directioas/guideliues given by the Hon*ble Supreme Court in^the judgement quoted above, it miy also be^anmro."! that the physically handicappel persons should be appointed agpinst reserved posts (Class III & IV posts) by sanding requisitions to the Employment V j EKchange and also by publishing advertisement in the newspapers with a wide circulation. Care may also be (aken to ensurs that wherever local vernicular papers are widely read and circulated, advertisements miy be pablished in those newspaper as well. These instructions may be brought to the notice of all concerned for strict-compliance.

Yours faithfully, Sdf— '(R. D. Gugnani). Under Secretary General"Administration ^ for Chief Secretary to Government Haryana.

MOST IMMEDIATE DATE BOUND COURT C\SE No. 22/86/97-3GS1I1 From The Chief Secretaty to Govt., Haryana. To 1. All Heads of Departments, Commissioners/Ambala, Hisar, Rohtak. and J- Gurgaon Divisions. 2. All Deputy Commissioners and . Sub Divisional Officers (Civil) in Haryana. 3. The Registrar, Punjab & Haryana High Court, Chandigarh- Dated, Chandigarh, the_ 26th November, 1997 Subject :—CWP No.-4I50/97-Susluna Verma Vs. State of Haryana appointment of Physically handi capped persons in Government job. I am directed to invite your attention to this Departments circulars letters of even number dated 13-11-97 on the subject noted above vide which the while conveying the order/directions Hoa'ble High Court Punjab and Haryana in CWP No. 4150/97. You were requested to ihdentifV the posts reserved for physically Handicapped persons in your Departments under intimation to the office of the Chief Secretary Govt. of Haryana within one week. However the required information in still awaited from- your office/Department. I am, therefore, to request you again to furnish the requisite information by 28-11-97 to enable the Govt. to place the same " before the Hon'able High Court upto 4-12-97. Yours faithfully, (R, D. GUGNANI) Under Secretary General Administration, for Chief Secretary to Goveniment, Haryana.

L' ^ 1 06 most'IMMEDIATE

DATB BOUND

COURT CASE

No. 22/86/97—SGS-m

From

The Chief Secretary to Government Haryana. to

r. All Heads of Departments "' " (mentioned in the margin) • _ • Comralssioners/Arabala, Hisar : -y -Rohtak and Gurgaon Divisions. 'i ^ 2. All Deputy Commissioners and Sub Divisional - _ I ■ . Officers (Civil) in Haryana.

3. The Registrar, Punjab and Haryana High Couit, Chandigarh,

Dated Chandigarh, the 1 Ith Dec. 1997 Subject No.4150/97—Sushina Verma Vs. State of Haryana appointment of Physiealy handicapped persons in Government jr.bs.

Sir, I am directed to invite your attention to this department's circular letters of even number \ dated 13-11-97 and 26-11-97 on the subject noted above, vide which while conveying the order/ ^ directions of H-m'ble High Court of Punjab and Haryana in C.W.P. No. 4150/97, you we're reques ted to identify the posts reserved for physically Handicapped persons in your Departments under intimation to the office of the Chief Secretary to Government of Haryana within one week. However, the required m:-ormtion is still awaited from your office/Department. .

I am' therefore, to request you again -to furniih the requisite informition within three- days to enable the Government to place the same before the Hon'ble High Court.

Yours faithfully, Sd/ (R.D. Gugnani) Uuder Secretary General Administation, /or Chief Secretary to Government Haryana. 107

No. 22/96/9G—3GS-ni

From

The Chief Secretary to Govt,, Haryana.

To

1. Ail Heads of Departments.

/ 2. Cominissio lers, Ambala/Hisar/Rohtak & Gurgaon Divisions.

3. All Deputy Commissioners & Sub Divisional Officers (Civil) ill Haryana.

> 4. The Registrar, Punj&b and Haryana High Court, Cnandigarh. C, i Dated, Chandigarh the, 25th May 1998

Subject :— Employment of the Physically HandicappcJ persons In Public Services.

Sir,

I am directed to refer to Haryana Government letter No, .22/36/95—3GS III, dated 20-7-1995 and letter No. 22/96/96—3 GS III, dated 14-10-1997 on the subject noted above which inter-alia provided 3%'Vertical' leservation (1% for blindness or low vision, 1% for hearing impairment and 1% for Locomotor disability or cerebral palsy persons) in direct recruitment of Class III ^ IV posts of Physically Handicapped (Orthopaeodicaliy Handicapped, Deaf & Dumb and Blind) and to state that it has bsjn brought to the notice of Government that these instructions are not being- follo'vei meticulously and nb efforts are being made for filling up the vacancies teserved for the physically Handicapped personi sped lily the vacancies meant for blind, with the result many Physi cally Handicapped per.o is remii.i uiemployed. It is, therefore again stressed that the posts considered suitable for Physically Handicapped persons especially blind be identified by all the Departmcnis/Boards/Corporations/Public Undertakings of the State Govt. and then in future recruit ment be made accordingly. The;e mstructloni may be brought to the notice of all concerned working under you for btrict compliance.

Yours faithfully, - ■ ■ ■ ■ ■ ;- Sdi— Under Secretary, General Administration, for Chief Secretary to Govt., Haryana. A copy each is forwarded to :— '

1. Ail Financial Commissioners to Government, Haryana.

2. All Administrative Secretaries to Government, Haryana for information and necessary action.

- ■' Under Secretary, General Administration, for Chief Secretary to Govt., Haryana. r

108

No. 22/3.5/97—3GS—III

From The Chief Secretary to Goyt., Haryaiia.

To 1. All Heads of Departments, Commissioners, Aiiibala, Hisar, Giirg.ion ard Rohtak Divisions. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana State.

2. Registrar, Punjab & Haryana High Court, Chandigarh. , Dated Chandiirafh, the 12-6-98' '

Subject : Fixing up the minimum degree of disability in favour of Physically Handicapped persons r.< for direct recruitment to Class I, H, HI & IV services/posts.

\ Sir, I am directed to invite reference to Haryana Govt. Circular letter No. 24/17/80—3 OS III dated 16-12-1980 and No. 24/1/90—3 GS III,dated 20-2-1990 on the subject noted above and to say that the question of fixing uP' the minimum percentage of disability of Physically Handicapped persons in direct recruitment of Class I. II, III & IV services/posts has been enaging the attention of the- for some time. After careful consideration and as per orders of Punjab & Haryana High Court in C W P No 190II of 1996—Shri Pushpinder Kumar Vs. State of Haryana and others and to the instructions of Govt. -of India, Ministry of. Welfare, it has- now been decided that only those persons who have disability more than 40% and above shall be eligible for registration in Employment Exchange In the category of handicapped and to be considered against, jobs in Public Sector reserved .or the Physically Handicapped,. 2. These instructions shoule.i be brought to the notice o.'all concerned working under you for information and necessary action. 3. Receipt of this communication may please be acknowledged. ^

Yours faithfully, . . ,~ Sdl— Under Secretary, General Administration, /or Chief Secretary to Govt., Haryana.

No. 2.2/73/92-305-111

From The Chief Secretary to Govt., Haryana ' - '

To 1. All Heads o: Departments, Commissioners, Ambala, Hisar. Rohtak and Gurgaon Divisions. - 2. Ail Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. ^ 3. The Registrar, Punjab and Haryana High Court, Chandigarh. Dated Chandigarh, the 16-6-1998. 109

Subject —Iniplemufllation of the decision of Supreuic Court of India regarding rcsenation in promotion etc.

Sir,

I am directed to invite your atter.tioii to Haryana Government instructions issued vide No 38/30/78-2GSI, dated. 9-2-79 and No. 4/l2y79-GSIII, dated 18-9-79 on th"'-. Subject .mentuin^d above and to say that the SupiCme Court of India vide Its juagement dated 16-11-1992 (delivered in the case of In lira Sawhney Versus Union of India) held that wherever, revervations have been provided in the matter of promotions viz. the Central or State Services, such reservations will continue to be in operation for a period of five years from the date of judgement. 2. Consequent to the ju Igement in In lira Sawhney's case, the constitution of India was amended by the 77ih amendment A;t. f995 and Artiele 16 (4A) was incorporated in the constitution. This Article enables the Slates to provide for leservation- in. the matters of-promotions, "in favour of Scheduled Castes and Scheduled Tribes which in the opinion of the State are not-adcquately represented in the services under thi Slates-

3. In view of the 77th amendment to thj Constitution of India and the legal position emergin<' therefrom, the State Govt. can extend the benefit of reservation in. promotions only to the employees belonging to the category of Scheduled Castes beyond 15.-ll-f997. At present, reservation in promo- tiods.U, being.given to Scheduled Caste, employees iaHaryana in Cla.ss:III and Class-LV po3ts.(20V) •. Therefore", it Has been decidei that the benefit of reservation in promotions to" employees bjIoagiug°to the category of Scheduled Castes in Class-Ill and Class—IV posts will continue to be extended beyond

4. However, as far as^the reservation iu .pvonxotjons to •employees betonging to the categdry-of Other Backward Classes is concerned, in view .of the judgement of the Hon'ble Superrae Court cited abov& • such .reservation in promotion provided to.the employees belonging ,to.the Other Backward Clas'ies pannot continue" beyond 15-11-1997 and comes to an end with effect from this date. Hence" this'benefit is ■ discontinued with effect from 16-11-1997 as directed by the Hon'ble'Supreme Court.

5. It may be added that recently the Hon'ble Punjab & Haryana High Court in CW? No. 5037 " of 1998 Shri Yash Pal Gupta and others Versus State of Haryana (Haryana Civil Sectt. — Establishment Branch-1) has specifically held as under :— ^ 'Any promotion oil ■ the basis,of reservation that maybe made during the pendency of the >■ ! Writ Petition Wouldabide the final order that maybe passed in the writ petition The responde.its are directed to clearly mention in the orders of promotion of reserved categories that their promotion is subject to the decision in this case." " In view of the above directions given by Hon'ble High Court, all promotions of reserved categories m pursuance of para 3 above in future will be subject to the decision by Hon'ble High Court in CWP No. 5037 of 1993-Shri Yash Pal Gupta and others versus State of Haryana (Haryana Civil Sectt — Establishment Branch—1). * . 6. These instructions may by brought to the notice of alT- ednccmed Tor sHrict compliance.

■ Yours faithfully, ■ Sd/— Under Secretary, General Administration, /or Chief Secretary to Govt, ^ Haryana.

i h 1 10

No. 22/46/98—3GS-IT[

From The Chief Seci'etavy to Govl. Haryaaa

To /

1. All Heads of Departraeot

2. Commissioners, Ambala/Hisar/Rohtak and Gurgaon Divisions. 3. All Deputy Commissioneis & Sub Divisional Officer (Civil) in Haryana 4. The Registrar, Punjab A Haryana High Court, Chandigarh. "• . . .. 5. Ail Managing Directors of Boards/Corporations in Haryana State. Dated Chandigarh, the 13-7-98. Subject : 3% reftervation in the benefit to the Persons with disabilities in all poverty allevation sch^es in Haryana Stntn.

I am directed to Invite your attention to section 40 of "The Persons with Disabilities (JBqual Opportunities, Protection of Rights and Full Participation) Act, 1995" and to say that the State Govern ment has decided that 3% of the beneficiaries assisted under all poverty alleviation schemes, should be from the categories of persons with physical disabilities. This category may also please be separately indicated in your departmental reports. 2. These instructiois maybe brought to the notice of all concerned working under you for strict compliance.

Yours faithfully, Sd — Joint Secretary General Administration, l for Chief Secretary to Govt., Haryana

No. 22/96/96-3GS-ni From ' . The Chief Secretary to Govt., Haryana.

To 1. All Heads of Departments. 2. Commissioners, Arabala, Hisai, Rohtak & Gurgaon Divisions.

N 3. All Deputy Commissioners, & Sub Divisional Officers (Civil) in Haryana. . 4., The Registrar, Punjab & Haryana High Court, Chandigarh. Dated Chandigarh, the 17-8-98. Subject:^Reservations to the Physically Handicapped persons in direct recruitiseot of Cla^s 111 and Class IV Government jobs. IM

nir,

1 am directtd to refer to Haryana Government letter No. 22/36/95-J)GS-liI, dated 20-7-1995 land letter No, 22/96/96-3GS-III, dated 14-10-1997 on the subject noted above which inter-alia pro vided 3% 'Vertical'reservation (I% for blindness or low vision, 1% for hearing impairment and 1% :c-r Lopomotor c.isability or cerebral palsy persons) in direct recruitment of Class-Ill and IV posts ;-»f Physically Handicapped. (Orthopae-lically Handicapped, Deaf & Dumb and Blind) and testate [that keeping in view "The Persf"ns with disabilities (Equal Opportunlcies, Piotection of Rights and Full Particip.'tion) Act, 1995 passed by the Prrliamcnt this matter has f^urther been considered and •after careful consideration the State Government has now decided that where in any recruitment year any vacancy under Section 33 cf this Act, cannot be filled up due to non-availability of a suitable [person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the (succeeding recruitment year and if in the succeeding recruitment year also suitable person with disabi lity is not available, it may first be f lied by interchange among the three cah gories and only when there IS no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability " Provided that if the nature of vacancies- in an establishment is such that a 'given category of person caanot be empIoyeJ, the vacancies may be interchanged among the three categories with the prior approval of the appropriate government.

2. These' instructions may be brought to the notice of all concerned working under you for strict comp'iance.

Yours faithfully, Sd/- Joint Secretary, General Administration, for Chief Secretary to Govt,, Haryana.

No. 22/79/95.3GS-III k From The Chief Secretary to Govt., Haryana.

To I. An Heads of Departments, Commissioners, Ambala, Hisar, Gurgaon & Rohtak Divisions. 2. The Registrar, - Punjab and Haryana High Court, Chandigarh!

Dated Chandigarh, the 25-9-1998. Subject:—^Filling up the vacaut posts reserved for ex-serrieemeH.

3ir,

Government instructions issued vide letter No. 22/36/95-3GS-III. 1^ at- it hask' been brought to22/79/95-3GS-IXI, the notice of Government dated 12-6-1997 that above on theinstructions subject noted are notaboye being and followed to say pcticulctisly and serious efforts arc not being made to fill up the vacancies reserved for the Ex- pervicemen and the posts are being given to general category candidates, as a result of which backlog Inf ex-serviwrnen remains unfilled. It is, therefore, again stressed that the posts reserved for the Ex- l«ervi«nien be identified by all the Departmcnts/Boards/Corporations/Public Undertakings and the short- I all of cx-servkemco be cleared through a special recruitment drive.

f..lesei-vca ^ j forr' ex-servicemen,has also been the decided Departments/Recruiting that in future at the Agencies time of in teoruitment/interview the State ?hould invite foi thethe repre-posts

L. 112 seatatives from the Rajya Sainik Board, Haryana to assist them, as an expert in the matter so that they 1 can watch the interests of ex-servicemen. 3. These iustruotions may be brought to the notice of.all concerned, working'under-you for strict compliance.. Yours faithfully, - 'j Sd/- Joint Secretary, General Administration, for Chief Secretary to Government, Haryaha .

No. 22/55/97-3GS-riI

From

The Chief Secretary to Government, Haryana.

To All Heads of Departments, Commissioners, Ambala. Hissar, Gurgaon and Rohtak Divisions. All Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana State.

,2.. Registrar, Punjab & Haryana High Court, Chandigarh. Dated Chandigarh, the 1st January, 1999. Subject :—Fixing up the minlmnm degree of disability in favour of Physically Handicapped persons for • direct recruitment to Class I, IT, III & IV services posts.

Sir, I am directed to invite reference to Haryana Govt. Circular letter No. 2.2/55/97-3GS-iII, dated 12-6-1998 on the subject note! above and to say that some Govt. departments-were seeking clarification of fixing up the minimum percentage of disability in favour of Physically Handicapped persons for direct recruitment to Class I, II, III and IV services/posts. Now after' carefull consi deration of the matter it is clarified that only those- Physicaily Hi-ndicappcd are eligible ifor giving concession/benefits towards registration in Employment Exchange for considering - in direct recruit ment to Class I, II, III & IV services/posts who possess the minimum degree of disability of 40%. 2. These instructions should be brought to the notice of all concerned working under you for information and necessary action.

3. Receipt of this communication may please-'be acknowledged.

Yours faithfully, S.d/- Under Secretary," General Administration, for Chief Secretary to Govt., Haryana. k. 114

,Subject.„ . olclarification .he decision In of pron.otiott Supreme etc.Com. of iudia regarding reservation in pr«o.o«on J

Sir, , am directed to invi-c a .reference ' fof IGSIII, dated 16-6-98, on the suoject noted above an y of OTHER ./I---' plcr;f«-\cV« MsMo para% of the instruet.ons dated These instruction, ma, oe brought to the notice of aii concerned worhing ;nder yoh fot- information and necessory actton. ; 3. Receipt of this communication may please be acknowledged. Yours faithfully, Sd/- ~ Under Secretary General A.dmiaistratioa, for Chief Secretory to Govt., Haryana.

No. 22/3V98-3GS-III

From The Chief Secietary to Govt., Haryana.

.11 Heads of Department in Haryana State. DatJil^^ndig'arh, the 19-3-1999. Subject :-Reservation for admmission iiEdScaSenal/Professional Colleges/lnstitn.ions.

sir. r I am directed to invite your attention to the Haryana Government letter No :2/89/97-GSIII, , dated 12-11-97 and»u.»r the instructionsfrrtm timp issued fo time by Welfareon the subi'-'Ctof scheduled noted aboveCastes and to say that 9for the j ?u?pL°ofaL°ssion in Educational/Professional/Medical/Dental/Ayurvcdic/Engineering/I.T.Is/Techni- cal Educatiodal Institdtions/Colleges the Haryana Government have now decided to provide reservation for different categories as under :- j

1. Scheduled Castes -"0% (50% each 'A' & *B* category). A Block 16% 2. Backward Classes B Block 11%

3. Orthopaedically 1% handicapped. ependent of Freedom 1% Fighters. 5. E.S.M. and their Wards 1% 2. These instructions should be brought to the notice of all concerned working under you for information and necessary action. :( Yonrs faithfully, Sd/- Under Secretary General Administration, /or Chief Secretary to Government,- Haryana.

OSUN 113 No. 22/I?/97,3GStII

/ r Jrji ,\ ;* . Secretary to Govt.Haryana.

■ ...All'Hoad,S.rs,°j?45%««, of Departments o.,„.

The Registrar,

J Saidig'arh."''''"'''''"'S''Court, Oated Chandigarh, the I3-M999 ! ,r*

attention to the instructions issued vide Haryana Govt. letter

Vs. State the matter of promotion as if the instructions dated IO-1T97 m . may i_bs _ .brought . ,0 the notice of, all concerned for strict* compliance.

y Vours faithfully,' ' Sd/- for Chief .Secretary .to Govt.,'Administration, Haryana. No. 22/49/98-3GS-ln

•rom The Chief Secretary to Government, Haryana.

d '* Commissioner'! E' Ambala, H.ar, Rohtak and Gurga^^^Srvisions. '• &';^iv!ii)r^:i;^^.-'^^"''®-isionai 3. Registrar, - ' SSdigarh.®''^'"'®®''''''"^''. " •E^hted Chandigarh,.the J5-2:99 /

\ \ I 15

No. 22/9I/98-3GS-IJI

-V From

The Chief Secretary to Govt,, Haryaiia.

To

{'S r All Heads of Departments, Comniissioners. Ambala, Hisar. Gurgaon & Rolitak Divisions All Deputy Commissioners and Sub-Divisional Officers fCivil) in Haryana State. v-'vu;

Tile Registrar, Punjab & Haryana High Court. Chandigarh. Dated', Chandigarh the 8th April, I 999.

^ubiect ;— Eli< aSwlurraarkiog 7"''".'"?'of post.s for Yarionsto HP3C/HSSC reserved categories. for filling up various posts by direct recruit.*

Sir,

x, Rorwo L u- L A aiionuon lo '^.^'''iiectinc suDject noted ababo^ye and to say that sfcD fCm # ga}^'directions tl shco.iirti lavambi! simuIianenusiv'wTihsiniult,.n.v.,^n^°^..''^?"''"'®"' '*8'''''". "t® posts raser^-t-fd?raserinra-tor inethe_ physically Iiandicappcd'persS^II Hon'blc Court i7^' -^eral category and other reserved category posts. take sleos to the filing of the writ petition, the concerned officials did not petitioner - Pj^y-'ically handicapped pcrso is and observed that if thci robbedV^^ oir tfieir ngtit to be^ considered Shefor recruitmentand other similary against situatedthe posts persons reserved would for haveohvsic? bee aicapped persons. j- ^

HaryanaTT ,rn, Publicthe dutySen'ice of theCommission/Haryana Appointing Authority Staff to ensureSelection that Commission, while sending the poststhe requisitions reserved for to yar ous categories including the physically handicapped persons are clearly indicated. Any omission viewed most seriously by Govt. aud the responsibility for such omission will a I personally on the Appointing Authority. It may kindly be ensured that the persons belonging to 'lot suffer either through omission in requisitions or inaction on the oart 01 ine Administralivo Department. ^

Yours faithfully-,-.

Sd/-

Joint Secretary General for Chief Secretary to Goveri'

30725—C.S.—H.G.P.,Chd.

t L