MANUAL of Reservation of Scheduled Castes and Backward Classes in Services Part V 2005

MANUAL

Reservation of Scheduled Castes

AND

Backward Classes in Services

Part V

Issued by : Government of Punjab Department of Welfare (Reservation Cell) 2005

Standard No. 9402-ASW(R)

MESSAGE

I am pleased to learn that the Department of Welfare of Scheduled Castes and Backward Classes is bringing out its 5th Manual of Instructions regarding reservation provided to the Scheduled Castes and Backward Classes. The Manual of the Instructions issued from time to time in the last more than ten years. This would facilitate all the Departments and other concerned institutions to implement the reservation policy of the State in an effective manner, resulting in greater social and economic equality.

I congratulate the Department of Welfare of Scheduled Castes and Backward Classes for their endeavour and convey my best wishes to the officers/staff who performed this arduous and responsible job sincerely.

Sd/- (AMARINDER SINGH) Chief Minister, Punjab

MESSAGE

Policy instructions are the key to provide benefits to the beneficiaries in a proper way. Government issues such instructions from time to time in public interest. Manuals solve the problem in locating necessary instructions issued on various files in the years of time in a single vehicle. Reservation provided in the Constitution of India plays a vital role in uplifting the country. Reservation for Scheduled Castes and Backward Classes in the State Services leads the way to social and economic equality. The Punjab Government is committed to uplift the socio-economic conditions of the Scheduled Castes and Backward Classes in the State and implementing the Reservation Policy with a great zeal.

The Department of Welfare of Scheduled Castes and Backward Classes has done a commendable work by publishing the fifth Manual of Instructions regarding Reservation provided to the Scheduled Castes and Backward Classes (OBCs) in the State Services. It consists of the instructions issued from time to time in the last more than ten years. It is an arduous job performing with full responsibility and keen interest by the officers/officials concerned. All the Departments of the state Govt. are required to consult this Manual. For the facility of the Departments, this Manual has been organized in a systematic manner. No doubt, the staff concerned has strived hard in preparing this valuable and most required document. I convey my heartiest congratulations to them as well as to all the departments of the state on the publication of the Manual.

Sd/- (GURKANWAL KAUR) Minister of State for Social Security, Women & Children Development and Welfare of Scheduled Castes & Backward Classes, Punjab.

PREFACE

This is the 5th up-to-date compilation of instructions issued by the Department of Welfare regarding the reservation provided to the Scheduled Castes and Backward Classes in the State services. The instructions issued from 1980 which could have not been incorporated in any of the previously published Manuals have also been added in this collection. Four Chapters have been placed in the beginning as "Reservation Policy at a Glance." All the necessary instructions issued and amended from time to time between 31-1-1995 and 18-11- 2004 have been incorporated in this Manual. Instructions have been bifurcated and adjusted year wise and datewise. Important judgements relating to reservation in services delivered by the Hon'ble Courts have been included as special Annexure in the Manual to facilitate the departments/offices to consult these in detail as and when required for the proper implementation of the reservation policy. The Manual will be useful in obviating to major extent the need for seeking clarification from Department of Welfare for Scheduled Castes and Backward Classes.

Although all possible care and precautions have been taken while consolidating this Manual, however, Department of Welfare (Reservation Cell) of Punjab Government will be glad to receive any error or omission which is brought to the notice of this department for further correction.

(R.L. Kalsia) Secretary to Government Punjab Department of Welfare for Scheduled Castes and Backward Classes

INDEX

INSTRUCTIONS ON RESERVATION ------Sr. Circular/Letter No. Subject Page No. No. ------1 2 3 4 ------

1. CHAPTER NO. I - 1

2. CHAPTER NO. II - 2-4

3. CHAPTER NO. III - 5-6

4. CHAPTER NO. IV - 7

5. 2/389/79-;G-3/1027 dated nB[;{fus ikshnK$gSVhnK Fq/DhnK ~ fo}ot/FB 5-2-1980 ;pzXh bkG d/D pko/ . 8

6. Notification No. G. S.R.II/ Punjab Recruitment of Ex-servicemen Rules Const./Arts 309, 234 and 318/82 1982 9-14 dated 12-2-1982 & 6-11-2002

7. B C-16014/1/82-SC and BCD-I Verification of claims of candidates belong- dated 6-8-1984 ing to Scheduled Castes and Scheduled Tribes and Migrants from other States/ Union Territories-Form of Certificates- Amendment to- 15-17

8. 2/398/78-SWI/1364 dated Payment of T.A. to members of Scheduled 14-2-1985 Castes and Backward Classes called for interview/tests, etc. 18-19

9. 20/4/86-5PPI/13204 dated 3% Reservation in Class III and IV State 10-7-1989 Services for Sportsmen/Sportswomen who have obtained first, second and third position in team/individual events in the State level championship. 20

10. 2/399/78-o; I/9338 dated nB[;{fus ikshnK ns/ gSVhnK ;aq/DhnK Bkb ;pzXs 23-10-1992 T[whdtkoK ~ fJzNoftT{$N?;N bJh p[bkT[D ;w/I nkT[D ikD bJh ;\o GZsk d/D pko/ . 21-22 ------(i) (ii) ------1 2 3 4 ------11H 1/64/92-RCI/4234 dated Reservation for members of Scheduled 3-6-1993 Castes and Backward Classes in the cases of promotion. 23-24

12. 1/64/92-RCI/4227 dated Reservation for the members of Scheduled 3-6-1993 Castes and Backward Classes in the cases of promotion. 25-26

13. 1/88/93-RCI/3051 dated Reservation for other backward classes- 8-4-1994 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. 27

14. 1/19/94-RCI/6045 dated Issue of Scheduled Castes/Backward Classes 15-7-1994 certificates-Empowering the MLAs thereof. 28-29 o; fwsh nB[;{fus iksh$gSVh Fq/Dh ;oNhfce/N ikoh eoBk- 15. 1/19/94- I/6045 15-7-1994 n?wHn?bHJ/H ;kfjpkB B{z fJj nfXeko d/D pko/ . 30

16. 1/19/94-RCI/9380 dated Issue of Scheduled Caste/Backward Class 31-10-1994 Certificate-Empowering the MLAs thereof. 31-32

17. 1/70/94-RCI/797 dated Ensuring proper representation/safeguarding 31-1-1995 the interests of Scheduled Castes and Backward Classes in State Services-Association of a representative of the Department of Welfare in all recruitments made to various State Services 33-34

18. 3/8/89-o; I/3237 dated okyt/IeoB dh Bhsh sfjs fwsh 12-5-92 dhnK 4-5-1995 jdkfJsK ~ ysw eoB pko/ . 35-36

19. 3/8/95-RC3/4853 dated Reservation policy-Treatment of appointments/ 10-7-1995 promotions made for reserve categories on seniority cum merit and operation of roster. 37-39

20. 3/8/95-RC3/5071 dated -CORRIGENDUM- 40 14-7-1995

21. 8/144/93-G; 2$7017 fwsh oki d/ ekbiK ftu gSVhnK Fq/DhnK bJh okythnK 27-9-1995 ;hNK s/ dkyb/ bJh gksosk fBoXkos eoB bJh ftfdnkoEhnK d/ wkfgnK dh nkwdB dh ¢gobh ;hwk pko/ . 41-42

(iii) ------1 2 3 4 ------

22. 1/52/19-o; 1/713 fwsh d{i/ okiK s'I gzikp ftu wkJhrq/N j' e/ nkJ/ 17-1-1996 nB[;{fus ikshnK d/ ftneshnK ~ ;j{bsK$bkG d/D pko/ . 43-44

23. 3/8/95-RC3/5454 dated 8-7-1996 Reservation policy-treatment of appointments/ promotions made for reserve categories on seniority cum merit and operation of the roster. 45-46

24. 8/144/93-G; 2/6340 dated oki d/ ;oekoh ekbiK ftu gSVhnK Fq/DhnK bJh 2-8-1996 okythnK ;hNK d/ dkyb/ bJh gksosk fBoXkos eoB bJh ftfdnkoEhnK d/ wkfgnK dh nkwdB dh T[gobh ;hwk pko/ . 47-48

25. 10/1/96-2SCW 1/7143 dated Issuance of caste certificate to Vimukat Jatis- 6-9-1996 Writing of word 'Vimukat Jatis' therewith. 49-50

26. 8/76/95/2SCW/7802 dated Inclusion of Sanyasi Sadhu/Sanyasi Bawa and 19-9-1996 Buzroos in the other Backward Classes. 51

27. 13/3/96-RCIII/8804 dated Judgement dated 1-3-1996 of Hon'ble Supreme 9-10-1996 Court of India in Civil Appeal No. 3792-94 of 1989 Ajit Singh Janjua and others versus State of Punjab and others. 52-53

28. 1/41/96-RCI/110-A dated Validity of Scheduled Castes/Backward 5-12-1996 Classes certificate for the purpose of seeking employment in any department or admission into educational institutions. 54-57

29. 4/40/as-1PP-III/20663 dated Constitution of the Departmental Selection 5-12-1996 Committee for filling up of vacancies/posts taken out of the purview of the SSS Board. 58-60

30. 7/1/90-RCI/11374 dated Refixation of quantum of reservation for 30-12-1996 Backward Classes in the State Services on recommendations of the 2nd Backward Classes Commission (Mandal Commission) 61-63

31. 8/76/95/2SCW/484 dated Notification regarding caste Mehra Rajput 2-5-1997 and Soni Rajput. 64 ------

(iv) ------1 2 3 4 ------

32. 10/26/95-5SS/1252 dated Reservation of vacancies in direct recruitment 2-5-1997 for physically handicapped person in the State. 65-68

33. 13/3/96-RCI/460 dated 26-5-1997 Judgement dated 1-3-1996 of Hon'ble Supreme Court of India in Civil appeal No. 3792-94 of 1989. Ajit Singh Janjua and others versus State of Punjab and others. 69-70

34. 8/30/96-3PPI/17240 dated tZy tZy nk;kwhnK bJh okytKeoB pko/ o';No 21-8-1997 g[nkfJzNK ftu ;'X eoB pko/ (100 B[efsnK dk t/otk) 71-75

35. 7/1/90-RCI/11374 dated Refixation of quantum of reservation for 30-12-1996 Backward Classes in the State Services on the recommendations of the 2nd Backward Classes Commission (Mandal Commission). 76-78

36. 1/50/96-RCI/796 dated Judgement of Hon'ble Supreme Court in the 28-8-1997 case of Ajit Singh Janjua and others versus State of Punjab and Jagdish Lal and others Versus State of Haryana, dated 7-5-1997- Clarification from Hon'ble Supreme Court thereof. 79-80

37. 1/64/92-RCI/993 dated Reservation for members of Scheduled 13-11-1997 Castes in promotions. 81-82

38. 7/1/90-o;1/640 dated 17-9-1998 d{i/ gZSVhnK Fq/DhnK efwFB (wzvb efwFB) dhnK f;ckoFK nB[;ko gZSVhnK Fq/DhnK dh fo}ot/FB ftu tkXk eoB pko/ . 83-84

39. 15/7/92-4 DW/2555 dated Procedure/criteria for issuing dependent 20-11-1998 certificates to the wards of ex-servicemen. 85-86

40. 1/41/96-o; 1/8 dated 6-1-1999 gZSVhnK Fq/DhnK d/ T[whdtkoK ~ gZSVh iksh ;pzXh ;oNhfce/N ikoh eoB ;w/I |?o }o{oh d/oh Bk eoB pko/ . 87

------(v) ------1 2 3 4 ------41. 1/50/96-RCI/147 dated 17-2-1999 Clarification regarding the implementation of the judgement of Ajit Singh Janjua case- Ban on promotion thereof. 88

42. 4/17/99-o; 1/521 dated 24-5-1999 nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK bJh fo}ot nk;kwhnK ~ r?o nB[;{fus ikshnK$r?o gZSVhnK Fq/DhnK Bkb ;pzXs ftneshnK okjhI GoB s'I gfjbK vh-fo}ot eokT[D pko/ . 89-90

43. 1/41/96-o;1/560 dated 31-5-1999 nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK ;pzXh ikoh ehs/ ikD tkb/ ;oNhche/NK pko/ . 91-92

44. 1/3/95-3PPII/7332 dated Issuance of certificates for purpose of seeking 14-6-1999 admission to various educational/technical/ professional institutions in the State and also for employment. 93-99

45. 4/24/99-o;1/855 dated 10-8-1999 nB[;{fus ikshnK$nB[;{fus ephfbnK ns/ gZSVhnK Fq/DhnK dh oki dhnK ;/tktK ftu gqshfBXsk$o?r{bo ns/ E'V/ ;w/I dhnK (FkoN Now) nk;kwhnK GoB bJh tZyo/-tZyo/ o';No ofi;No brkT[D pko/ . 100

46. 7/22/99-o;1/903 dated 30-8-1999 nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK bJh oki d/ fJziBhnfozr, w?vheb ns/ j'o seBheh ;z;EktK ftu dkyb/ ;pzXh . 101-102

47. 3/34/99-3PPI/12565 dated Implementation of Ajit Singh Janjua judgement 22-10-1999 I.A.No. 1-3 in C.W.P. Nos. 3792-3794. 103-105

48. 15/13/99/o;1/1134 dated d{i/ okiK s'I wkJhrq/N j' e/ nkJ/ T[whdtkoK ~ 2-12-1999 iksh ;oNhche/N ikoh eoB pko/ . 106-108

49. 10/1/96-2SCW-I/81 dated Issuance of caste certificates to vimukat 27-1-2000 jatis-writing word vimukat jaties-therewith. 109-111

50. 1-7-2000-o;/211 dated ;zgoe nc;o Bkw}d$fB:[es eoB pko/ . 112-113 27-3-2000

------(vi) ------1 2 3 4 ------51. 1/8/99-RC I/335 dated 8-5-2000 Socio economic criteria for identification of socially advanced persons (Creamy Layer) from the other backward classes in the State of Punjab for their exclusion from the benefit of reservation meant for these classes in the State Services/posts-revision thereof. 114-115

52. 4/40/95-IPP3/9735 dated 1-8-2000 ;ohoe s"o s/ nzrjhD ns/ p'b/ ftneshnK bJh okythnK ehshnK nk;kwhnK ~ gzikp b'e ;/tk efwFB$nXhB ;/tktK u'D p'ov d/ nfXeko y/so ftu'I eZYD T[gozs ftGkrh u'D ew/NhnK okjhI eoB ;pzXh . 116-117

53. 1/3/95-3PP-II/10377 dated oki dhnK fGzB fGzB ftfdne$seBheh$gq'c?FBb 18-8-2000 ;z;EktK ftu dkyfbnK ns/ B'eohnK d/ wzst bJh nB[;{fus iksh dk ;oNhche/N ikoh eoB pko/ . 118-121

54. 1/29/2000-o;1/665 dated eozN fvT{Nh ukoi d/D ;w/I nB[;{fus ikshnK 18-8-2000 bJh fo}ot/FB bkr{ oZyD pko/ . 122-123

55. 24-4WGI-66/3772 dated Representation of the members of Scheduled 16-2-1966 Castes/Tribes and other Backward Classes in the State Service-Application of the reservation orders in filling up temporary and short-terms vacancies. 124

56. 4/2/2001-3PP-I/3318 dated gdT[BshnK s/ brkJh rJh o'e d"okB eozN 15-3-2001 fvT{Nh ukoi d/D pko/ ;gFNheoB . 125-126

57. 1/5/2001-RCI/205 dated Regarding reservation for members of 29-3-2001 Scheduled Castes and Backward Classes in the cadre of less than 5 posts. 127

58. 1/8/2001-o;1/247 fwsh 12-4-2001 fgzvK ns/ FfjoK ftu e?Ig brk e/ nB[;{fus ikshnK d/ T[gG'rsktK d/ ;oNhfce/N pBkT[D pko/ . 128-129

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(vii) ------1 2 3 4 ------59. 11/458/97 T; 5/ gkoN ckJhb/6476 gzikp oki ftu nB[;{fus ikshnK B{z gzikp oki fwsh 30-3-2001 fpibh p'ov tb' 50 :{fBNK dh fpibh dh w[nkch dk bkG jk;b eoB ftu w[FfebK dk ;kjwDk eoB pko/ . 130-131

60. 1/41/96-o;1/370 fwsh 25-4-2001 nB[;{fus ikshnK Bkb ;pzXs ftneshnK bJh iksh ;oNhche/N ikoh eoB dh gqhfeqnk ~ ;ob pBkT[D pko/ . 132-133

61. 8/76/95-2SCWI/530 dated Corrigendum regarding caste Soni Rajput. 134-135 15-5-2001

62. 1/26/2000-RCI/441 dated Implementation of Ajit Singh Janjua 8-6-2000 judgement I.A. No. 1-3 in CWP No. 3702- 3794. 136-138

63. 1/5/2001-RCI/450 dated Regarding reservation for members of 12-6-2001 Scheduled Castes and Backward Classes in cadre of less than 5 posts. 139-140

64. 8/21/99-2SCW1/982 dated Inclusion of Ramgarhia, Tarkhan, Dhiman in 22-8-2001 the list of other backward classes. 141-142

65. 4/62/2001-3PPI/15012 dated Implementation of Ajit Singh Janjua 5-10-2001 judgement I.A. No. 1-3 in Civil appeal No. 3792-3794/1989. 143

66. 1/15/2000-o;1/906 dated nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK Bkb 23-11-2001 ;pzXs ftneshnK tb'I iksh ;oNhfce/N b?D bJh fdZshnK no}hnK dk fBgNkok eoB ;pzXh . 144

67. 10/10/98-2SCW1/1393 dated Notification of caste Nai/Sain. 145-146 18-12-2001

68. 1/3/98/RC1/948 dated 20-12-2001 Reservation for Vimukat jaties and Bazigars. 147

69. Notification dated 4-1-2002 85th Amendment Act, 2001 148

------(viii) ------1 2 3 4 ------

70. No. 20011/1/2001-Estt(D) dated Seniority of SC/ST Government servants 21-1-2002 on promotion by virtue of rule of reservation/ roster. 149-150

71. 1/21/2001-o;1/77 dated 7-2-2002 GbkJh ftGkr d/ B[wkfJzd/ tb'I ftGkrh soZeh ew/Nh dh whfNzr dh ekotkJh ;pzXh fdZs/ fto'Xh B'fN; s/ ekotkJhH eoB ;pzXh . 151-152

72. 1/5/2001-RCI/93 dated 18-2-2002 Regarding reservation for members of Scheduled Castes and Backward Classes in a cadre less than 5 posts. 153-154

73. 1/2/2002-RCI/301dated 16-5-2002 Reservation in promotion to the members of Scheduled Castes in services and posts under the Punjab Govt.-clarification thereof. 155-156

74. 6/18/2002-o;4/318 dated ;w{j ekvoK ftu f;ZXh Gosh bJh ftfrnkgB d/D ;w/I nB[;{fus ikshnK, gZSVhnK Fq/DhnK ~ 17-5-2002 fdZshnK ikD tkbhnK S'NK s/ t/ot/ d/D pko/ . 157-164

75. 10(9)96-2 SCWI/1173 dated Notification of Mochi caste. 165-166 4/5-12- 2002

76. 20-6-2003 Constitution (Scheduled Caste) Order Amend- ment Act 2002. 167-170

77. 1/7/2000-o;1-120-125 dated nB[;{fus ikshnK, ephfbnK ns/ gZSVhnK Fq/DhnK 10-2-2003 bJh B"eohnK ftu okytKeoB bkr{ eotkT[D bJh ;zgoe nc;oK dh fB:[esh eoB pko/ . 171-172

78. 3/64/2002-2PPI/3871 dated Ban on promotion in group A, B and C 11-3-2003 services in the State of Punjab . 173 79. 1/2/2002-RCI/601 dated Reservation in promotion to the members 18-6-2003 of Scheduled Castes in services and posts under Punjab Govt. clarification thereof. 174-175

80. No. 10(10)98-2SCW-I/638 dated To include Kachhi (Shakya, Maurya and 27-6-2003 Kushwaha) in the list of other backward classes in the State of Punjab. 176-177

------(ix) ------1 2 3 4 ------

81. 1/88/93-o; 1/762 dated 18-7-2003 e/Ido ;oeko dhnK ;/tktK bJh d{ihnK gZSVhnK Fq/DhnK (UHphH;hH) ~ iksh ;oNhfce/N ikoh eoB pko/ . 178-182

82. 2/11/2003-o;1/845 dated 7-8-2003 nB[;{fus ikshnK bJh okythnK nk;kwhnK vh-fo}ot eokT[D ;pzXh . 183-184

83. 10(11)99-o; 5/976 dated ek;N ;oNhfce/N Bkb f;Zy Fpd ejkT[D 2/5-9-2003 pko/ . 185

84. Notification dated 17-10-2003 Constitution (Scheduled Castes ) Orders Second Amendment Act 2002. 187-195

85. 3/34/99-3PPI/17654 dated 21-5-04 Implementation of Ajit Singh Janjua Judgement I-A No. 1-3 in CWP No. 3792-3794 196

86. 2/14/2003-o;1/493 dated nB[;{fus ikshnK bJh okythnK nk;kwhnK 17/23-5-2004 vh-fo}ot eotkT[D pko/ . 197-198

87. 1/22/2003-o;1/537 fwsh ;oekoh dcsoK ns/ ;oeko nXhB nkT[Id/ 28-5-2004 gpfbe ;?eNo nzvoN/fezri nkN'Bkw; pkvhi, p'ovK, ekog'o/FBK ns/ :{Bhtof;NhnK ftu f;ZXh Gosh ns/ soZehnK ;w/I okytKeoB dh Bhsh bkr{ eoB pko/ . 199-203

88. 9/6/2004-o;1/660-665 fwsh nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK ~ oki 25-6-2004 dhnK ;/tktK ftu okytKeoB fdZs/ ikD bJh o';No ofi;No fsnko eoB pko/ . 204-205

89. 1/5/2001-RCI/678-683 dated Regarding reservation for members of 25-6-2004 Scheduled Castes and Backward Classes in a cadre of less than 5 posts. 206-207

90. 9/10/2004-o;1/669-674 fwsh nB[;{fus ikshnK$gZSVhnK Fq/DhnK d/ w?IpoK ~ 25-6-2004 oki dhnK ;/tktK ftu okytKeoB fdZs/ ikD pko/ ;hBhnkosk-ew-w?foN s/ nkJ/ T[whdtkoK pko/ o';No ftu fJzdoki eoB pko/ . 208-209 ------(x) ------1 2 3 4 ------

91. 1/9/2004-o;1/931-934 fwsh nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK bJh 11-8-2004 toeukoi, fdjkVhdko ns/ m/e/ s/ g[o ehshnK ikD tkbhnK nk;kwhnK ftu okytKeoB bkr{ eoB pko/ . 210-213

92. 1/41/96-RC-1/992-1002 dated Validity of Scheduled Castes and Backward 18-8-2004 Classes certificates for the purpose of seeking employment in any department or admission to educational institutions. 214-220

93. 8/110/95 o;1/1263-64 dated seBheh f;fynk, w?vheb f;fynk ns/ j'o 6-10-2004 fefsnK d/ fvroh$fvgb'wk e'o;K bJh dkyfbnK dh fJzNoftT{ ;w/I GbkJh ftGkr dk gqshfBX G/iD pko/ . 221-222

94. 1/13/2004-o;1/1319-1323 dated gzikp ;oeko dhnK ;/tktK ftu nB[;{fus ikshnK 19-10-2004 ns/ gZSVhnK Fq/DhnK tk;s/ ikoh ehshnK, fo}ot/FB dhnK jdkfJsK dh gkbDk eoB pko/. 223-224

95. 1/12/2004-o;1/1410-1415 dated nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK d/ w?IpoK 2-11-2004 ~ oki dhnK ;/tktK ftu okytKeoB fo}ot/FB o';No u?e eoB bJh f}bQk GbkJh nc;oK ~ nfXeko d/D pko/ . 225-227

96. 1/8/2003-o;1/1459-62 fwsh nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK d/ w?IpoK 9-11-2004 ~ oki dhnK ;/tktK ftu fB:[eshnK ns/ gd-T[BshnK ;w/I gpfbe ;?eNo nzvoN/fezr}, p'ovK, ekog'o/FBK, fwT{III;gb ew/NhnK, fwT{II;gb ekog'o/FBK, gzukfJs-;zwshnK, f}bQk gqhFdK, :{Bhtof;NhnK ns/ j'o nkN'Bkw; pkvh} ftZu okytKeoB Bhsh bkr{ eoB pko/ . 228-230

97. 1/22/2004-o;-1/1497-1500 fwsh o';No ofi;No u?e eoB$eotkT[D bJh u?e 231-236 18-11-2004 fb;N .

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(xi) ------1 2 3 4 ------98. 9/12/2003-RC-1/1606 dated Notification regarding Constitution of a 10-12-2004 Vigilance Cell in the Directorate of Welfare to investigate the genuineness of Social States Certificates. 237-239

99. 9/12/2003-RC-1/1615 dated Notification, Constitution of State Level 10-12-2004 Scrutiny Committee to verify the Social Status Certificates. 240-242

100. 7$21$2004-o;-1$1674-1677 fwsh iBob w?foN ftZu nkJ/ nB[;{fus iksh d/ 20-12-2004 ftfdnkoEhnK ~ ;e{bK, ekbiK, seBheh, w?vheb ns/ gq/c?FBb ;z;EktK ftZu dkyb/ ;w/I fo}ot/FB gkfb;h nB[;ko fo}ot B[efsnK s/ Bk frDB pko/ . 243-245

101. 2$27$2004-o;1$1763-1767 fwsh nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK ~ oki 30-12-2004 dhnK ;/tktK ftu okytKeoB fdZs/ ikD dh ftXh pko/ fo}ot/FB o';No ftZu fBFfus B[efsnK nB[;ko d/D pko/ . 246-248

102. 9$8$2004-o;1$1778-1783 fwsh nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK d/ 31-12-2004 T[whdtkoK bJh oki dhnK ;/tktK ns/ gpfbe ;?eNo nzvoN/fezr} nkfd ftZu okytKeoB dh Bhsh bkr{ eoB pko/ . 249-250

103. List of Scheduled Castes 251

104. List of Backward Classes 252-254

105. Judgement dated 25-5-1982, CWP No. 3882 of 1981 and Civil Misc. No.226/1982 Joginder Singh Sethi Vs. State of Punjab. 255-260

106. Orders of Hon'ble Supreme Court dated 8-2-1983 in CMP No. 3569-70/83 in CA Nos 3326 and 3327/82 State of Punjab and others Vs. Joginder Singh Sethi and others. 261-262

107. Judgement of Larger Bench of Punjab and Haryana High Court dated 23-8-1989 in the case of Jaswant Singh, PES Class I Vs. State of Punjab. 263-282 ------(xii) ------1 2 3 4 ------

108. Judgement W.P. (Civil) No. 930 of 1990 Indira Sawhney and others etc. Vs. Union of India and others delivered on 16-11-1992 by the Supreme Court of India. 287-396

109. Judgement of Hon'ble Supreme Court in Ajit Singh Janjua Vs. State of Punjab Civil appeal No. 3792-3794 of 1989 delivered on 1-3-1996. 397-411

110. Judgement dated 8-11-1996 in CWP No. 8755 of 1996 Jagdish Lal Vs. State of Haryana 413-428

111. Judgement of Hon'ble Supreme Court I.A. No. 1-3 in Civil appeal No. 3792-3793/89 Ajit Singh Janjua and others Vs State of Punjab delivered on 16-9-1999. 429-453

112. In the Supreme Court of India Civil Appeal No. 2866-68/98 Shri Ram Prasad E.T.C. ETC. Vs Shri D. K. Vijay & Others etc. 454-458

113. In the Supreme Court Civil Appeal No. 5324/99 rising out of SLP(C) No. 16648/96, Sube Singh Bahmani & Others Vs State of Haryana. 459-465

114. In the Supreme Court of India Civil Appeal No.316-317 of 1999 Jatinderpal Singh & Others Vs State of Punjab dated 16-9-1999. 466-470

115. Interim orders dated 11-11-02 of Hon'ble Supreme Court of India in I.A.No.1-4 In writ petition (Civil) No. 255/2002 H. M. Mallikarjuna Swamy and others Vs. Union of India, along with WP (C) No. 61-62/2002 and W. P No. (C) 234/2002. All India Equality Forum and other Vs. Union of India and others. 471-474

------

PART-I

CHAPTER 1

CONSTITUTIONAL PROVISIONS

Art.335."The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration consistently with the maintenance of efficiency of administration in the making of appointments to services and posts in connection with the affairs of the Union or of a State".

Art.15(4 )"Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes and the Scheduled Tribes".

Art.16(4) "Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State".

Art.46."The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."

Art.320(4)."Nothing in clause (3)shall require a public service commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as repects the manner in which effect may be given to the provisions of article 335."

Art.341.(1) "The president may with respect to any State or Union Territory, and where it is a state after consultation with the Governor thereof by public notification specify the castes, races or tribes or parts of groups within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be."

Art. 366. "In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say......

* * * * *

(24). "SCHEDULED CASTES" means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purpose of this Constitution."

CHAPTER II

RATE OF RESERVATION FOR SCHEDULED

CASTES AND BACKWARD CLASSES

1. The following rate of reservation are in force in favour of the members of Scheduled Castes and Backward Classes in filling all vacancies through appointments by direct recruitment/transfer or by promotion occurring from time to time in various category of posts in the services under the Government of Punjab.

Scheduled Backward Castes Classes/OBCs ------Cir-No. 890- (i) Vacancies filled by the method of direct 25% 12% SWI-74/10619. recruitment or by transfer in Class I, II, III Dated 6th June, 1974 and IV Services. Now Group A,B,C and D. Cir-No. 7/1/90- RCI/11374 Dated 30-12-1996.

Cir. No. 1494-SWI-74/ (ii) Vacancies filled by promotions to or 14% 8105, dated 4th May, within group "A" and Group "B" which 1974 were earlier in Class II (Gazetted). Services Vide Cir No. 1/2/2002- by selection or by seniority-cum-fitness, etc. RC-I/601 dated 18-6-2003.

Cir-No. 3180-SWI- (iii) Vacancies filled by promotions to or 20% 70/893, dated 11th within Class III and IV now Group "B" January, 1971. which were earlier in class III (Non- Circular No. 1/2/2002- Gazette), "C" and "D" Services by RC-I/301 dated selection or on seniority-cum-fitness, etc. 16-05-2002, read with circular No.1/2/2002/RC- 1/601 dated 18-6-2003.

2. Reservation will be implemented by reserving vacancies by means of a running roster prescribed, till the achievement of prescribed percentage to the reserve categories.

D.O.No. 986-SWI/74, 3. Reservation prescribed will be applicable in all Departments, Public dated 29th March, Undertakings, Corporations, Boards, Municipal Corporations, Municipal 1974. Committees, Universities and all other autonomous bodies, etc., under administrative control of the State of Punjab.

Cir-No. 5246-PE(1)-65 4. Proforma promotions will be contd for the purpose of reservation. dated 15th November, 1965.

Cir-No. 1649-WG- 5. Appointment made by the method of transfer will also be covered by 54/23802, dated 28th the reservation policy. April, 1954

Cir-No. 11-13-WG- 6. If the services of a Government Servant belonging to Scheduled (29-61/,6th March, Castes/Tribes or Backward Classes are terminated the resultant vacancy 1961. should not be included in the normal pool of vacancies to be filled in accordance with the Roster System but should be filled up on an ad-hoc basis from the candidate belonging to these castes and classes only. In other words, the intention is that the posts vacated by members of Scheduled Castes and Backward Classes should remain earmarked and be filled up by members belonging to these classes.

7. Reservation is applicable in vacancies filled on ad-hoc basis/short- Cir-No. 24-4WGI-66/3772, term vacancies, work charged establishment, daily rated staff engaged dated 16th February, 1966 on contractual basis. Cir-No.2/236/79-SWI/8105 dated 18.08.1983 and Cir- No. 1/9/2004-RC-1/931- 934 dated 11.08.2004

While regularizing the services of adhoc employees the Cir-No. 1/2/80SWI/13333, reserve points on the roster should be kept in view and no reserve dated 12th June, 1980. point should be offered to general category employee without obtaining prior approval of the Welfare Department.

8. While sending requisition to the Punjab Public Service Commission/ Cir. No. 975-OSD(W) 2- Subordinate Services Selection Board/Employment Exchange or 70/2633, dated 28th April, any other recruiting agency/committee, a copy of the same should 1970. invariably be forwarded to the Director, Welfare of Scheduled Castes and Backward Classes (in the Special Employment Cell) Punjab for sending the names of eligible persons of Scheduled Castes/Backward Classes.

9. In the matter of direct recruitment 50% of the reserved vacancies Cir. No. 1818-SWI for the members of Scheduled Castes will be offered to the members 75/10451, dated 5th belonging to Mazhbi Sikhs/Balmikis, if available, as a first preference. May, 1975 If, the requisite number of candidates belonging to Mazhbi Sikhs/ Balmikis are not available, vacancies fallen to their share will be filled by the members of other Scheduled Castes. This 50% of the reserved vacancies will be given by offering reserved vacancies alternatively e.g, if vacancy filling at point No.1 is given to Mazhbi Sikhs/Balmikis Cir-No.1/3/98RCI /948, next reserved point will go the other Scheduled Castes and so on. dated 20.12.2001 This will, however, not be applicable in promotions. Posts left unfilled

4 in the quotas reserved for Balmikies/Mazhbi Sikhs, Scheduled castes, ex-serviceman and SC sports men, will be reserved up to 2% for Vimukat Jaties and Bazigars.

10. In case vacancies are filled on the basis of qualifying any Cir-no. 4183-4 WGI- prescribed test, the various departments, should recommend twice the 64/17314, dated number of candidates for a single reserved vacancy, exclusively for 3rd September, 1964. officials belonging to Scheduled Castes and Backward Classes even though they do not come within the seniority of the total number of officials who have to be recommended for a particular test provided the minimum qualification and experience required for eligibility to take up the test are not relaxed in any case.

11. The eligible Scheduled Castes/Backward Classes officials will Cir.no.2125-4WGI- be given promotion against the reserved points irrespective of 64/5213, dated 18th their seniority in the general seniority list. To illustrate this point, if March, 1964. there is an official belonging to the Scheduled Caste/Backward Class placed at a position say 73rd in the general list seniority he would have precedence over the other 72 officials to take benefit out of the reserved points on the basis of reservation.

12. Reservation both at the time of recruitment and at the time of Cir.No.2622-SW2- promotions will not apply in the case of appointments to posts for 75/20614, dated 2nd conducting research or organizing, guiding and directing research. September, 1975.

Note 1. Such category of posts are not available in the State. However, no post should be brought out of the reservation purview until the same is got identified as such from the Government in the Department of Welfare.

Note 2. Since there are no Scheduled Tribes in the State of Punjab, no separate reservation to them have been prescribed in the State.

Note 3. Since the instructions regarding reservations for Scheduled Castes/Backward Classes are issued by the Department of Welfare (Reservation Cell), under the Rules of Business, only this department is competent to tender any clarification, interpretation or advice.

Note 4. Instructions regarding reservation have overriding effect on the Departmental Service Rules [1976 (2) SLR 801] Kamal Parkash and others versus State and others and such rules cannot whittle down the effect of these instructions issued in pursuance of Articles 16, 46 and Art. 335 of the Constitution by the Government.

CHAPTER III

ROSTERS

1. To give proper effect to the reservation prescribed, every appointing authority will treat vacancies as "Reserved" or "Un-reserved" according to prescribed rosters each of 100-points as described below:-

(i) VACANCIES FILLED BY THE METHOD OF DIRECT Cir. No.890 SWI-74/10519. RECRUITMENT OR BY TRANSFER IN CLASS I, II, III dated 6th June 1974. AND IV NOW CALLED GROUP A, B, C AND D SERVICE AND SERVICES.

Vacancies falling at following points of 100-points roster will be treated as reserved for the members of Scheduled Castes:-

1, 5, 9, 13, 17, 21, 25, 29, 33, 37, 41, 45, 49, 53, 57, 61, 65, 69, 73, 77, 81, 85, 89, 93 and 97 and so on.

Vacancies falling at serial number 15, 35, 55, 75 and 95 up to 29-12- 1996 and on and after 30-12-1996 roster points no. 8, 16, 24, 35, 42, 48, 56, 64, 72, 80, 88 and 96 shall be treated as reserved for the members of Backwards Classes/OBCs.

(ii) VACANCIES FILLED BY PROMOTION TO OR WITHIN Cir. No. 1494-SWI-74/8105 CLASS I AND II NOW GROUP "A" AND SERVICES OF GROUP dated 4th May, 1974 and "B" WHICH WERE EARLIER IN CLASS II (GAZETTED) Cir. No. 1/2/2002-RCI/601 SERVICES BY SELECTION OR BY SENIORITY-CUM-FITNESS:- Dated 18-06-2003.

Vacancies occurring from time to time falling against the following serial numbers of the 100 point roster shall be treated as reserved for the members of Scheduled Castes :-

1, 7, 15, 22, 30, 37, 44, 51, 58, 65, 72, 80, 87, 94 and so on.

Vacancies falling at serial numbers 26 and 76 shall be treated as reserved for the members of Backward Classes up to 15-11-1997 only and there is no reservation for BCs/OBCs in promotions thereafter.

(iii) VACANCIES FILLED BY PROMOTION TO OR WITHIN Cir. No. 3180-SWI-70/893, CLASS III NOW GROUP 'B' WHICH WERE EARLIER IN dated 11th July, 1971. CLASS III (NON GAZETTED) AND CLASS IV (GROUP Cir. N0. 1/2/2002 RCI/ 201 C & D) SERVICES BY SELECTION OR BY SENIORITY- dated 16.05. 2002 read with CUM-FITNESS. 1/2/2002-RCI/601 dated, 18.06.2004.

Vacancies occurring from time to time falling against following serial numbers on the 100-point roster shall be treated as reserved for the members of Scheduled Castes. 6

1,6,11,16,21,26,31,36,41,46,51,56,61,66,71,76,81,86,91,96, and so on

Vacancies falling at serial numbers 15 and 75 up to 15-11- 1997 only shall be treated as reserved for the member of Backward Classes thereafter no reservation in promotion to Backward Classes/OBCs.

2. The rosters will be maintained in the form of running Cir. No. 6872/WG- account, e.g. till the achievement of prescribed representation 66/24917, dated 23rd of reserved categories, if appointment/promotions at a time stop August, 1966 para 2(4) (a) at point number 6 of 100-point roster, on the subsequent occasion of recruitments/promotion this will begin at point number No.7 of the roster. No. gap will be kept in the maintenance roster.

3. Whenever 100-point rosters are changed due to increase of percentage of reservation for Scheduled Castes and Backwards Classes etc. and a new revised roster is prescribed, appointments/promotions already made in accordance with the instructions inforced at the relevant time prior to the issue of such revised instructions regarding roster will not to be disturbed and the roster already made/maintained would also not be abandoned but those rosters will continue from the vacancy in the previous roster last filled up.

Cir. No. 3568-SW-1 4. Separate rosters will be maintained for regular and short term 75/31610 dated 5th vacancies as laid down by the Government. December, 1975.

Cir. No. 1241-OSD (W)- 5. Rosters prescribed will be maintained in the prescribed registers by 2-70/ 12585, dated 20th each appointing authority separately for each category of post and May, 1970. classwise.

Cir. No.278-OSD (W)- 6. It is the personal responsibility of the heads of departments/ 57/ 27027, dated 19th appointing authorities to ensure proper implementation of these instruc- September, 1967. tions They shall further check the roster registers once in a quarter and append a certificate to the effect that due reservation has been provided to the Scheduled Castes and Backward Classes as per the vacancies reserved in the 100-point rosters for them.

Cir. No. 5184-Sw-1 7. The roster will not be prepared/maintained in loose sheets but in 74/20947,dated 11th prescribed Roster Registers. The rosters will invariably be signed by October, 1974. the appointing authority after the appointments and promotions are made.

Note- In cadres having less than five posts the first vacancy on the roster, though reserved for the members of Scheduled Castes will be treated as unreserved and on this account the second vacancy on the roster will be reserved for the members of Scheduled Castes and reservation must be given effect to. 7

CHAPTER IV

CHECKING/INSPECTION OF ROSTERS

Checking /Inspection of rosters for the proper implementation of reservation policy by Roster Cells of this Department.

1. All the Departments of the Government and Corporations/ No. 15(4)-I-SC(W)- Boards under the control of respective Departments have been divided 78/7704, dated 30th into three categories i.e. A,B and C. Category wise list of departments August, 1982. is enclosed at annexure XII (I)

2. Roster registers of the Departments and other autonomous Page- 30-31 of the reserva- bodies under the control of the respective Departments listed in Cate- tion Manual 1982. gory 'A' will be checked once in a year.

3. Roster registers of the departments and autonomous bodies Page-32 of the included in the Category "B" list, will be checked by the roster reservation Manual 1982 checking parties once in one and a half year.

4. The departments and autonomous bodies included in category Page-33 of the reservation 'C' list, will be checked by roster checking parties once in two years. Manual 1982

5. All the departments will be given notice for checking the rosters maintained by them and the departments in turn will send back the questionnaire (Annexure II) and the proforma (Annexure III) duly filled, complete in all respects which must reach the Welfare Department (Roster Cell ) within a fortnight on the issue of notice so that after proper examination visit of Roster Checking parties can be arranged for inspection of rosters.

6. The Under-Secretaries/ Deputy Secretaries of the Department of Welfare as well as the Secretary to Government Punjab, Department of Welfare, will inspect the rosters if felt necessary.

7. The Department will make available necessary records relating to appointments/promotions to the Inspection parties on demand and necessary co-operation be extended to them in this regard.

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PUNJAB GOVT. GAZZETTE FEB. 12, 1982, 9MAGH 23. 1903 SAKA 103 GOVERNMENT OF PUNJAB

DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS

(PERSONNEL POLICIES BRANCH)

Notification

The 2nd February, 1982

No. G-S-R-11/Const./Arts., 309, 234, and 318/82. In exercise of the powers conferred by the proviso to Article 309 read with Articles 234 and 318 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment of Ex-servicemen to the State Civil Services and Posts connected with the affairs of the State of Punjab, namely:-

1. Short title and commencement. (1) These rules may be called the Punjab Recruitment of Ex-servicemen Rules, 1982.

(2) They shall come into force at once.

2. Definitions:-In these rules, unless the context otherwise requires:-

(a) 'Armed Forces of the Union' means the Naval , Military and Air Forces of the Union of India;

*(aa) "dependent child" means a son or an unmarried daughter of an Ex-serviceman who is wholly dependent on him and is residing with him, or in the case of death of an Ex-serviceman, means his son or unmarried daughter who was wholly dependent on him and was residing with him before his death, and to whom a certificate to that effect has been issued by the authority appointed by the Government ;

(b) 'direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of Government of India or of a State Government ;

@(c) "Ex-serviceman" means a person who has served in any rank, whether as a combatant or a non-combatant, in the Naval, Military and Air Forces of the Union of India (hereinafter referred to as the Armed Forces of the Union of India), and who has,-

------*Added vide Notn. No. GSR 66/Consts./Arts 309, 234 and 318/amd (4)/92 0f 22.9.92

@ Substituted vide Notification dated 22.9.1992

(i) retired from such service after earning his pension ; or

(ii) has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension ; or

(iii) been released, otherwise than on his own request, from such service as a result of reduction in establishment ; or

(iv) been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a gratuity. But does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and the Para Military Forces, but includes personnel of the Lok Sahayak Sena of the following categories , namely :-

(i) Pension holders for continuous embodied service ;

(ii) Persons with disability attributable to military service; and

(iii) gallantry award winners.

Explanation :- The persons serving in the Armed Forces of the Union who on retirement from service would come under the category of "Ex-Serviceman' may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to Ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union ; and

(d) 'Government ' means the Govt. of the State of Punjab.

** (dd) 'recognized University' means) ;

(i) any University , incorporated by law in any of the States of India ; or

(ii) any University which is recognized by the Government for the purpose of the relevant service rules.

(e) 'reserved vacancy' means a vacancy reserved under sub- rule (1) of rule 4 for being filled in the appointment of an Ex-serviceman.

3. Extent of Application:- These rules shall apply to all the State Civil Services and posts connected with the affairs of the State of Punjab, except the Punjab Vidhan Sabha Secretariat Service and the Punjab Judicial Service.

------**Added Vide Notification dated 22.9.1992. 11

4. Reservation of Vacancies. (1) Subject to the provision of rule 3, #14 of vacancies to be filled in by direct appointment in all the State Civil Services and posts connected with the affairs of the State of Punjab shall be reserved for being filled in by recruitment of Ex-servicemen.

##Provided that where an Ex-serviceman is not available for recruitment against a reserved vacancy, such a vacancy shall be reserved to be filled in by recruitment of the wife or one dependent child of an Ex-serviceman, who has neither been recruitment against a reserved vacancy under these rules.

###Provided further that the wife or the dependent child of the ex-serviceman shall be recruited against the reserved vacancy subject to the conditions that :-

(i) he or she possesses the prescribed qualifications and is within the prescribed age limits;

(ii) he or she is not already in service;

(iii) he or she will be eligible to avail the benefit only once in life ;"

@#"Provided further that one grand child of the Gallantry Award winner shall be recruited against the reserved vacancy, in case the benefit or reservation has not been availed of by any of the children or dependents such winner or by the winner himself subject to the conditions specified in the second proviso.

Explanation :- For the purpose of this proviso, Gallantry Award winner includes the winner of the Paramvir Chakra, the Mahavir chakara, the Vir chakara, the Sena or Nao Sena or Vayu Sena Medal and Mention-in-Despatches."

@@"Provided further that the total number of reserved vacancies including those reserved for the candidates belonging to the SCs, STs and BCs shall not exceed fifty of the posts to be filled in a particular year."

(2) Where a reserved vacancy remains unfilled for non availability of a $ (person eligible for recruitment under these rules) such vacancy may be filled in, temporarily from any other source in accordance with the rules regulating the recruitment and the conditions of service of persons appointed to such posts as if the vacancy was not reserved.

------#Amended Vide Notification dated 22.9.1992. ##Amended Vide Notification dated 22.9.1992 ### Added Vide Notification dated 22.9.1992. @#Added Vide Notn No. 2/42/96-4DW/1964 dated 2nd September 1998. @@ Added Vide Notn No. 2/42/96-4DW/1964 dated 2nd September 1998. $Amended Vide Notn NO. GSR 45/Consts/Art. 309/Amd (2)04 dated 30.4.1984 12

Provided that the reserved vacancies filled in shall be carried forward for the subsequent occasions $$(arising during at least 2 years in each of which such occasion arises for recruitment) where after the vacancy in question shall be treated as un-reserved.

5. Appointment through competitive examination. Notwithstanding anything contained in the concerned service Rules, in case an appointment to any post governed by those rules is made through competitive examination:-

(i) the maximum chances to be given to any ex-serviceman for appearing in the said examination shall not exceed three ; and

(ii) the Ex-serviceman shall not be required to appear in the optional subject, if any, specified for that examination.

6. ***Age--For recruitment to any vacancy in the State Civil Services whether reserved or not under these rules an ex-serviceman shall be allowed to be the period of his service in the Armed Forces of the Union from his actual and if the resultant age does not exceed the maximum age limit prescribed for direct appointment to such a vacancy in the concerned Service Rules, by than 3 years, he shall be deemed to satisfy the condition regarding age limt.

7. Educational qualifications and Experience--(1) No person shall be eligible for recruitment to a reserved vacancy, unless he possesses the minimum educational qualifications and experience if any prescribed by the Govt. direct appointment to such a vacancy in the concerned Service Rules .

$$$Provided that for appointment to Class III posts or class IV services, against a reserved vacancy, an Ex-serviceman who is a Matriculate or who has obtained the Indian Army Special Certificate of Education or the corresponding certificate of the Naval or Air Forces and who has put in not less than fifteen years of service in the Armed Forces of the Union, shall be considered eligible for appointment to that post for which the essential qualifications prescribed for recruitment by direct appointment in the relevant service rules, is Graduation of a recognized University, and when

(a) technical or non-technical working experience is not essential, or

(b) the vacancy being non-technical, working experience has been prescribed as essential in the relevant service rules, but the appointing authority is satisfied that the ex-serviceman is expeirenced to perform the duties by undergoing training for a short duration of the job.

------$$Amended vide Notification dated 30.4.1984. ***Amended Vide Notification dated 30.4.1984. $$$Amended vide Notification dated 22.9.1992.

Provided further that for appointment against a reserved vacancy, an ex-serviceman who has passed the Indian Army Class I Examination or equivalent examination of the Naval or Air Force and who has put in at least fifteen years of service in the Armed Forces of the Union, shall be considered eligible for appointment to that post for which essential educational qualification prescribed for recruitment by direct appointment in the relevant service rules, is Matriculation.

8. Pay:- The pay of an Ex-serviceman appointed against a reserved vacancy be fixed in accordance with the provisions of Chapter VII of the Punjab Services Rules, volume II.

9. General:- (1) In matters not specifically provided for in these rules person appointed against a reserved vacancy, shall be governed by the service Rules.

(2) All concerned Service Rules shall be subject to the provisions of these rules and the said rules shall be constructed accordingly.

(3) Nothing in these rules shall be constructed as depriving any person to whom these rules apply of any right which had accrued to him under the rules, notifications or orders in force immediately before the commencement of these rules.

10. Repeal:-The following rules are hereby repealed :-

1. The Punjab Government National Emergency (Concessions) Rules, 1965.

2. The Demobilized Armed Forces Personnel (Reservation of vacancies in the Punjab State Non Technical Services) Rules, 1968.

3. The Demobilized Indian Armed Forces Personnel (Reservation of vacancies in the Punjab Civil Services, Executive Branch) Rules.

4. The Released Indian Armed Forces Personnal (Determination Eligibility for promotion) Rules, 1977.

Sd/-

(IC Puri)

Chief Secretary to Govt. Punjab

------

PUNJAB GOVT. GAZ. FEB. 28.2003 (PHGN 9, 1924 SAKA)

------

GOVERNMENT OF PUNJAB

DEPARTMENT OF DEFENCE SERVICES WELFARE

(DEFENCE WELFARE BRANCH)

Notification

The 6th November, 2002

No. G.S.R. 9/Const./Art. 309, 234 and 318/Amd (5)/2003.-In exercise of the powers conferred by the proviso to article 309 read with articles 234 and 318 of the Constitution of India, and all other powers enabling him in this behalf , the Governor of Punjab is pleased to make the following rules further to amend the Punjab Recruitment of Ex-Servicemen Rules, 1982. namely :-

RULES

1. (1) These rules may be called the Punjab Recruitment of Ex-servicemen (First Amendment) Rules, 2002.

(2) They shall come into force at once.

2. In the Punjab Recruitment of Ex-servicemen Rules, 1982 (herein after referred to as the said rules), in rule 2. for clause (aa), the following clauses shall be substituted, namely:-

"(aa) "Lineal descendent" means sons/daughters (married/ un -married/widowed/ legally divorced) of the re-employed/ unemployed Ex-serviceman.

Explanation:- In any case, including the case where the Ex-serviceman has died, his sons/ daughters shall be treated as "Lineal descendent" only if a certificate to this effect has been issued by the authority appointed by the Government.

(aaa) "Wife" shall include the widow of an ex-serviceman, provided she has not re-married up to the date of the issue of the appointment letter."

3. In the said Rules, in rule 4. in sub-rule (1), for the words "Fourteen per cent", the words "Thirteen per cent" shall be substituted.

R. P. S. PAWAR, Principal Secretary to Government of Punjab, Department of Defence Services Welfare. 3131 CS(P)-Govt. Press, U.T., Chd. 15

Copy of Letter No. BC-16014/1/82-SC & BCD-I dated 6-8-1984 from Sh. B. K. Sarkar, Joint Secretary to the Government of India, Ministry of Home Affairs, addressed to the Chief Secretaries of All State Governments and U.T. Administrations.

Subject:-Verification of claim of candidates belonging to Scheduled Castes and Scheduled Tribes and migrants from other States/Union Territories-Form of certificate- Amendment to.

I am directed to refer to this Ministry's letter of even number dated the 18th November, 1982 and the Department of Personnel and Administrative Reforms letter No. 36012/6/76-Est. (SCT), dated the 29th October, 1977 on the above subject and to say that the form of Scheduled Caste/ Scheduled Tribe certificate enclosed with the aforesaid letters has been further revised consequent upon coming into force of the Scheduled Castes and Scheduled Tribes orders (Amendment) Act, 1976 and keeping in view the difficulty being experienced by the persons belonging to the 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 form of certificate, is enclosed herewith. It is requested that a copy of the revised form of certificate may please be brought to the notice of all the competent authorities who have been empowered to issue such certificates. The list of competent authorities who have been empowered to issue the Scheduled Caste/Scheduled Tribe certificates circulated by the Department of Personnel and Administrative Reforms in their letter No. 13/2/74-Est. (SCT), dated the 5th August, 1975 has also been incorporated in the enclosed revised form.

2. The instructions issued in this Ministry letter of even number dated the 18th November 1982 will continue. It is, however, clarified that the Scheduled Caste/Scheduled Tribe person on migration from the State of his origin to another State will not lose his status as Scheduled Caste/Scheduled Tribes but he will be entitled 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 . All competent authorities may be advised under intimation to this Ministry to issue the Scheduled Caste/Scheduled Tribe certification on the revised form of certificate henceforth after satisfying themselves of correctness of the certificate after proper verification based on the revenue record through reliable enquiries. The list of the competent authorities empowered and incorporated in the form may please be followed strictly. No other authority may be authorised to issue the Scheduled Caste/Scheduled Tribe certificates.

@ The Constitution (Goa, Daman & Diu) Scheduled Castes, Order, 1968.

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

@ The Constitution (Nagaland) Scheduled Tribes Order, 1970.

@ The Constitution (Sikkim) Scheduled Castes Order, 1978.

@ The Constitution (Sikkim) Scheduled Tribes Order, 1978.

@ 2. Applicable in the case of Scheduled Castes/Scheduled Tribes persons who have migrated from one State/Union Territory Administration. 16

This certificate is issued on the basis of the Scheduled Caste/Scheduled Tribe certificate issued to Shri/Shrimati------

Father/Mother of Shri/Shrimati/Kumari------of Village/Town------in District/Division------of the State/Union Territory------who belongs to the------

Caste/Tribe which is recognised as a Scheduled Caste/Scheduled Tribe------

------in the State/Union Territory------issued by the------

(name of prescribed authority) vide their No.------

------

Dated------

#3. 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------

 Please delete the words which are not applicable.

@ Please quote specific Presidential Order. 17

$ Delete the Paragraph which is not applicable.

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.

** List of authorities empowered to issue Scheduled Caste/Scheduled Tribe Certificates :-

1. District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/ Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.

** (not below the rank of Ist class Stipendary Magistrate.)

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3 Revenue Officers not below the rank of Tehsildar.

4. Sub-Divisional Officer of the Area where the candidate and/or his family normally resides.

5. Administrator/Secy. to Administrator/Development Officer (Lakshadweep Islands).

------

18 No. 2/398/78-SWI/1364

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

To All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners and Registrar, Punjab & Haryana High Courts, Chandigarh.

Dated Chandigarh, the 14.2.85

Subject:-Payment of Traveling Allowance to the members of Scheduled Castes & Backward Classes called for interview/tests etc.

Sir,

I am directed to refer to the Welfare Department's communications noted in the margin, on the subject noted above, which interalia provide that all the members of Scheduled Castes and Backward Classes called for interview/tests for Class I, II,III and IV services, recruitment to which is made through source other than the P.P.S.C./S.S.S. Board, may be allowed single second class Rail fare chargeable by passenger train for the shortest route from the place of normal residence to the place of interview/test and back to the same station provided the distance travelled each way exceed 80 K.M. In respect of Road journey between stations not connected by Rail, the Recruiting Authority may allow such candidates actual bus fare or road mileage as admissible to Government servants under the Punjab Civil Service Rules Vol. III (T.A. Rules)whichever is less, provided the distance covered V by the Road is more than 32 KM. each way.

2. The State Government have further considered the matter of grant of TA to the members of Scheduled Castes and Backward Classes persons and it has been decided that the candidates belonging to Scheduled Castes/ Scheduled Tribes and other Backward Classes called for interview/test for appointment to Class I, II, III and IV advertised posts recruitment to which is made departmentally may be reimbursed second class rail fare or bus fare chargeable by the shortest route from Railway Station/Bus Stand nearest to their normal place of residence or from which they actually perform the journey, whichever is nearer to the place of interview and back to the same station, provided that the fare of first 30 KM in both cases (i.e. Rail or Road) is borne by the candidates, and the reimbursement to the travelling expenses will be restricted to the fare in respect of the balance of the distance exceeding 30 KMs both ways.

3. This issues with the concurrence of the Finance Department Punjab, conveyed vide their U.O.No.31/123/80-FR (7), dated 23.11.1984.

Yours faithfully, Sd/- Under Secretary Welfare 19

A copy is forwarded to all the FCs and Administrative Secretaries to Government Punjab for information and necessary action .

Sd/-

Under Secretary Welfare.

To,

All F. Cs. and

Administrative Secretaries to Govt. Punjab.

U. O. No. 2/399/78-SWI/1365 Dated 14.2.85

A copy is forwarded to the following for information and necessary action :-

1. The Secretary, PPSC, Patiala.

2. The Registrar, Punjab University, Chandigarh.

3. The Registrar, Punjabi University, Patiala.

4. The Registrar, G.N.D. University, Amritsar.

5. The Registrar, Agri. University, Ludhiana.

6. The Secretary, Punjab School Education Board, Mohali.

7. All the Heads of Boards/Corporations and other Autonomous bodies under the administrative control of the State Government and

8. The Secretary, P.S.E.B. Patiala.

Sd/-

Under Secretary Welfare.

Margin

1. 2/399/78-SWI/6616 dated 26.7.82 Page 104-105)

2. 4/7/79-SWI/8768 dated 12.10.82. Page 106-107) of the Manual

------20

Copy of letter No. 20/4/86-5ppl./13204 dated 10 July, 1989 from Govt. of Punjab, Department of personnel and Admn. Reforms (Personnel policies 1 Branch) to All Heads of Departments, Registrar Punjab & Haryana High Court, Commissioners of Divisions, Deputy Commissioners and Sub-Divisional Officers (Civil) in the State.

Subject:-3% reservation in class III and IV State Services for Sportsmen/ Sportswomen who have obtained first, second and third position in team/individual events in the State Level Championship.

I am directed to refer to the subject noted above and to say that the question of reservation of posts for the outstanding sportsmen/sportswomen in class III and class IV services for accommodating the state/district level sportsmen/sportswomen who fulfill the basic qualification for direct recruitment under the State Government has been consideration of the Government. It has been decided and notified to provide reservation of 3% (Three percent) of posts for sportsmen/women in various class III and IV services who fulfill the following conditions:--

For Class III Posts:

i) They belong to the State of Punjab and

ii) That they have won first, second or third position in team or individual events while representing the State of Punjab in a State Level Championship in any of the disciplines affiliated to the Punjab Olympic Association organised by the State Level Federation. In case of Non-Olympic discipline, such as cricket and Tennis, a winner should have attained any of the first three options in a State Level Championship organised by the concerned State Level Association affiliated to the concerned National Federation.

For Class IV Posts:

i) That they belong to the State of Punjab; and

ii) That they have obtained the first, second or third position in a District Level Championship organised by the concerned District Level Association affiliated to the State Association in the respective disciplines.

The 3% reservation of sportsmen/sportswomen in direct recruitment may be made under Punjab recruitment of sportsmen rules 1988. The reservation should be implemented by means of a 100 point roster and vacancies falling at point Nos 23, 43 and 100 be reserved for such sportsmen/sportswomen.

3. The receipt of this letter may kindly be acknowledged.

------

BzL 2$399$78 o;-1$9338

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;jh$- tXhe ;eZso, GbkJh

------

No. 1/64/92/RCI/4234

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE WELFARE OF SCHEDULED CASTES AND BACKWARD CLASSES (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners and Registrar, Punjab and Haryana High Court, Chandigarh.

Dated Chandigarh, the 3rd June 1993

Subject: Reservation for the members of Scheduled Castes and Backward Classes in the cases of promotion.

In continuation of Punjab Government circular letter No. 1494-SWI-74/8105 dated 4th May, 1974 the issue of reservation in promotion for members of Scheduled Castes and Backward Classes has been considered afresh in the light of the Supreme Court Judgement in writ Petition (Civil) No. 930 of 1990 Indira Sawhney and others versus Union of India and others dated 16. 11. 1992. The State government has decided to continue the existing benefit of reservation in promotion for the members of Scheduled Castes and Backward Classes already in force in the State for a period of five years from the date of the judgement unless revised orders or instructions are issued earlier to it.

Please acknowledge receipt.

Sd/- Secretary Welfare

A copy is forwarded to all the F. Cs. and Administrative Secretaries to Government Punjab, for information and necessary action.

Sd/- Secretary Welfare

To,

All Financial Commissioners and Administrative Secretaries to Government Punjab.

U.O. No. 1/64/92-RCI/4235 Dated Chandigarh, 3rd June 1993.

Endst. No. 1/64/92-RCI/4236-40 Dated Chandigarh, the 3rd June 1993

A copy is forwarded to the following for information and necessary action :-

1) The Secretary , Punjab Public Service Commission, Patiala.

2) All the Registrars, Punjab University, Chandigarh, Punjabi University Patiala, Guru Nanak Dev University Amritsar and Agricultural University, Ludhiana.

3) The Secretary, Punjab School Education Board, Mohali.

4) All the Heads of Boards/Corporations and other Autonomous Bodies under the Administrative control of the State Government.

5) Secretary, Punjab State Electricity Board, Patiala.

Sd/- Superintendent

------

No.1/64/92-RCI/4227

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE

WELFARE OF SCHEDULED CASTES AND BACKWARD CLASSES (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners and Registrar, Punjab and Haryana High Court, Chandigarh.

Dated Chandigarh, the 3rd June 1993.

Subject :Reservation for the members of Scheduled Castes and Backward Classes in the cases of promotion.

In continuation of Punjab Government circular letter No. 6872-GC-66/24917 dated 23-8-66 read with letter No. 3180-SWI-70/893 dated 11.1.1971 the issue of reservation in promotion for members of Scheduled Castes and Backward Classes has been considered afresh in the light of the Supreme Court Judgement in Writ Petition (Civil) No. 930 of 1990 Indira Sawhney and Others versus Union of India and others dated 16.11.1992. The State Government has decided to continue the existing benefit of reservation in promotion for members of Scheduled Castes and Backward Classes already in force in the State for a period of 5 years from the date of the judgement unless revised orders or instructions are issued earlier to it.

Please acknowledge receipt.

Sd/- Secretary Welfare

A copy is forwarded to all the Financial Commissioners and Administrative Secretaries to Government Punjab for information and necessary action.

Sd/- Secretary Welfare

All Financial Commissioners and Administrative Secretaries to Government Punjab

U.O. No. 1/64/92-RCI/4228 Dated Chandigarh, the 3rd June 1993

Endst. No. 1/64/92-RCI/4229-33 Dated Chandigarh, the 3rd June 1993

A copy is forwarded to the following for information and necessary action :--

1) The Secretary, Punjab Public Service Commission, Patiala.

2) All the Registrars,Punjab University, Chandigarh, Punjabi University, Patiala, Guru Nank Dev University, Amritsar and Agricultural University, Ludhiana.

3) The Secretary, Punjab School Education Board, Mohali.

4) All the Heads of Boards/Corporations and other Autonomous Bodies under the Administrative Control of the State Government.

5) Secretary, Punjab State Electricity Board, Patiala.

Sd/- Superintendent

------

No. 1/88/93-RCI/3051

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE RESERVATION CELL

Dated, Chandigarh the 8-4-1994.

The Deputy Commissioners in the State.

Subject:-- 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.

Sir,

I am directed to invite a reference to this Department Endst. No. 1/88/93- RCI/1016, dated the 2nd February, 1994 on the subject cited above vide which the instructions of the Government of India inter alia containing the procedure for verifying and issue of OBC certificates to the eligible persons were forwarded to you for immediate necessary action and to say that it has been brought to the notice of the Government that the concerned candidates are still facing difficulties in obtaining such certificates. You are requested to ensure that such certificates are issued to the eligible OBC persons without any harassment or delay.

The receipt of this letter may please be acknowledged.

Yours faithfully,

Sd/- Additional Secretary Welfare

No. 1/88/93-RCI/3052 Dated Chandigarh the 8-4-1994

A copy is forwarded to the Director Welfare of Scheduled Castes and Backward Classes, Punjab, Chandigarh for necessary action.

2. Meticulous compliance of these instructions may please be ensured.

Sd/- Additional Secretary Welfare

------28

No. 1/19/94-RCI/6045

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated : Chandigarh the 15th July, 1994

All the Heads of Departments, Registrar Punjab & Haryana High Court, Commissioners of Divisions, Deputy Commissioners of all Districts , Sub Divisional Magistrates of all Sub-Divisions in the State.

Subject:-- Issue of Scheduled Caste/Backward Class certificates Empowering the M.L.As. thereof.

Sir,

I am directed to invite your attention to the subject noted above and to say that it has come to the notice of the State Government that the members of Scheduled Castes and Backward Classes are facing many difficulties in obtaining caste certificates. Keeping in view their difficulties and after considering this matter carefully the State Government has decided to empower the Members of the Punjab Legislative Assembly for issuing the Scheduled Caste and Backward Class certificates to the persons belonging to their constituencies alongwith the Govt. Officers who have already these powers. These orders will come into force with immediate effect.

2. The performa for receiving applications from the Members of the Backward Classes and for issuing certificates to the Members of Scheduled Castes and Backward Classes are attached at Annexure 'A', 'B'. & 'C' respectively. The Members of Legislative Assembly would issue these certificates in duplicate. One copy of the certificate would be given to the concerned person and the other copy would be sent to the concerned Sub Divisional Officer (Civil) for record.

The receipt of this letter may be acknowledged.

Yours faithfully Sd/- (Harjit Singh) Joint Secretary Welfare.

A copy alongwith its enclosures is forwarded to the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab & Resident Commissioner to Govt. of Punjab, New Delhi for information and necessary action.

Sd/- (Harjit Singh) Joint Secretary

1. All the Financial Commissioners. 2. Principal Secretaries. 3. Administrative Secretaries. 4. Resident Commissioner to Govt. of Punjab, New Delhi.

I. D. No. 1/19/94-RCI/6046 Dated : Chandigarh the 15th July, 1994

Endst. No. 1/1/19/94-RCI/6047 Dated : Chandigarh the 15th July, 1994

A copy alongwith its enclosures is sent to all the M.L.As of the State for information & necessary action.

Sd\- Joint Secretaty Welfare

Internal Distribution

1. Private Secretary/Social Welfare Minister. 2. Private Secretary/Social Welfare. 3. P.A./Joint Secretary Welfare.

------

30 BzL 1$19$94 -o;1$6045 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) fwsh 15 i[bkJh, 1994 ;/tk fty/ oki d/ ;w{j ftGkrK d/ w[Zyh, ofi;Noko, gzikp ns/ jfonkDk jkJh e'oN, wzvbK d/ efwFBo}, f}bQk ns/ ;?FB iZi, fvgNh efwFBo ns/ ¢g wzvb n\;o (f;tb) . ftFk L-- nB[;{fus iksh gZSVh Fq/Dh ;oNhfce/N ikoh eoBk-n?wH n?bH J/H ;fjpkB ~ fJj nfXeko d/D pko/ .

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fJZe ¢skok, ;fjgZsoK ;w/s, ;w{j ftZsh efwFBoK, fgqqz;hgb ------31

No. 1/19/94-RCI/9380

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE RESERVATION CELL

Dated Chandigarh, the 31-10-94.

The Heads of Departments, The Registrar, High Court of Punjab and Haryana, The Commissioners of Divisions, The Disrict and Sessions Judges, The Deputy Commissioners and The Sub-Divisional Officer (Civil) in the State.

Subject:- Issue of Scheduled Caste/Backward Class Certificate-Empowering the M.L.A. thereof. Sir, In continuation of this Department letter No. 1/19/94-RCI/6045, dated the 15th July, 1994, on the subject noted above, I am directed to inform you that with a view to ensure that Scheduled Caste/Backward Class Certificates are issued with due vigilance to the genuine persons only, the State Government in partial modification of the above-mentioned instructions have decided to make the following changes in the said instructions for strict compliance, namely ;--

i) That before the issue of a backward Class Certificate to the eligible persons belonging to these classes, the M.L.A. shall obtain an income certificate duly verified by the concerned Revenue Officer not below the rank of Tehsildar if the income criteria is applicable in his/her case.

ii) that before issue of a Scheduled Caste Certificate, MLAs shall obtain an affidavit from the persons concerned to the effect that he belongs to a Scheduled Caste and in case the said information is found false, besides losing his/her candidature/job, he/she shall also be liable for action against him/her as provided under the law and/or Rules.

iii) that an affidavit, where required to be obtained from SC/BC persons for this purpose, must be sworn before a Magistrate.

iv) that M.L.As shall also keep a proper record of the Scheduled Caste/Backward Class Certificates issued by them for cross-verification at any time.

2. The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (HARJIT SINGH) Joint Secretary to the Government of Punjab.

A copy each is forwarded to the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Government of Punjab for information and necessary action.

Sd/- Joint Secretary to the Government of Punjab.

The Financial Commissioners, The Principal Secretaries and The Administrative Secretaries to the Government of Punjab.

I.D. No. 1/19/94-RCI/9381, Dated Chandigarh, the 31-10-1994.

No. 1/19/94-RCI/9882, Dated Chandigarh, the 31-10-1994.

A copy each is forwarded to all the M.L.As of Punjab for necessary action in continunation of this Department Endst. No. 1/19/94--RCI/6047 dated 15-7-1994.

Sd/- Joint Secretary to the Government of Punjab.

Internal Distribution P.S/M.S.W. P.S./S.W. P.A./J.S.W.

______

33 No. 1/70/94-RCI/797

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated Chandigarh the 31.1.1995.

All Heads of Departments, Registrar, High Court of Punjab & Haryana, Commissioners of Divisions, District & Sessions Judges, Deputy Commissioners, Sub Divisional officers (Civil ) in the State.

Subject :- Ensuring proper representation/safe guarding the interests of Scheduled Castes and Backward Classes in State Services-Association of a representative of the Department of welfare in all recruitments made to various State Services.

Sir/Madam,

I am directed to invite a reference to the subject cited above and to say that according to the existing Govt. instructions where the recruitment is made from a source other than the Subordinate Services Selection Board i.e. through the Departmental Committees one of the members of the Committee should be an officer belonging to Scheduled Castes/Backward Classes equal in status to the other members of the Committee to safe guard the interests of these classes according to the Reservation Policy of the State Government . Now the Subordinate Services Selection Board has been constituted and the recruitment to Class-III state services by direct recruitment has to be made through it. The matter has been reconsiderd by the State Govt. and to safe guard the interests of Scheduled Castes and Backward Classes, it has been decided that in addition to the existing arrangements as indicated above, a representative of the Deptt. of welfare shall also be associated in all future recruitments to be made by various recruiting agencies.

2. These instructions may please be brought to the notice of all concerned under your control for meticulous compliance.

3. The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (HARJEET SINGH) Joint Secretary to the Govt of Punjab.

No.1/70/94-RCI/798 Dated Chandigarh,the 31.1.1995

A copy is forwarded to the Chairman/Secretary, Subordinate Services Selection Board, Punjab,Mini Secretariat ,Sector-9 Chandigarh for necessary action.

Sd/- Joint Secretary to the Govt. of Punjab.

A copy each is forwarded to the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab for necessary action.

Sd/- Joint Secretary to the Govt. of Punjab.

To The Financial Commissioners, The Principal Secretaries and The Administrative Secretaries to the Government of Punjab.

I.D. No. 1/70/94-RCI/799 Dated, Chandigarh, the 31.1.95.

Internal distribution

P.S/M.S.W. P.S/Parlimentry Secy. welfare P.S/S.W. P.A/J.S.W

______

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fwsh, uzvhrVQ, 4-5-1995 ftFk L-- okyt/IeoB dh Bhsh sfjs fwsh 12-5-92 dhnK jdkfJsK ~ ysw eoB ;pzXh .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg ih dk fXnkB fJ; ftGkr d/ gZso BzL 3$8$89-o; 1$11023 fwsh 21-12-94 fi; okjhI okytKeoB dh Bhsh ;pzXh ;oeko d/ gZso BzL 12$58$90_-3ghH ghH 1$6045 fwsh 12-5-92 ftZu do;kJ/ B[es/ BzL 1 s'I 5 pko/ fdZs/ rJ/ ;gFNheoD dhnK jdkfJsK ysw ehshnK rJhnK ;B, tZb fdtk¢D dh jdkfJs j'Jh j? . ;oeko tb'I wkwbk w[V ftuko eoB ¢gozs fJj c?;bk ehsk frnk j? fe jdkfJsK fwsh 12-5-92 ftZu doi B[es/ BzL 1,2,4 ns/ 5 pjkb ehs/ ikD . fJ; bJh fJBQK B[efsnK ~ ysw Bk ;wfMnk ikt/ . fJ; soQK f;oc B[esk BzL 3 ~ jh ysw ;wfMnk ikt/, fi; pko/ wkB:'r ;[gohw e'oN d/ j[ew fwsh 10-2-95 dh o'FBh ftu tZyo/ s"o s/ ftuko ehsk ik fojk j? .

2H fJ; gZso dh gj[zu o;hd G/ih ikt/ .

ftFtk;gkso ;jh$- (joihs f;zx) ;z:[es ;eZso GbkJh .

fJ; dh fJZe ekgh ;{uBk ns/ b'VhIIdh ekotkJh fjZs gzikp ;oeko d/ ;ko/ ftZsh efwFBo}, gqw[Zy ;eZso ns/ gqpzXeh ;eZsoK ~ G/ih iKdh j? .

;jh$- (joihs f;zx) ;z:[es ;eZso GbkJh .

;/tk fty/

oki d/ ;ko/ ftZsh efwFBo}, gqw[Zy ;eZso ns/ gqpzXeh ;eZso . nzH ftH gH BzL 3$8$89-o; 1$3238 fwsh, uzvhrVQ, 4-5-1995

------

No.3/8/95-RC-3/4853

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE OF S.Cs & BCs (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners in the state and the Registrar, Punjab & Haryana High Court, Chandigarh.

Dated , Chandigarh, the 10/7/1995.

Subject: -Reservation policy-Treatment of appointments/promotions made for reserve categories on seniority-cum-merit and operation of the roster.

Sir,

The subject of treatment of the posts/vacancies filled up by officials of reserve category on seniority-cum-merit and its impact on operation of the roster has been the subject matter of discussion/deliberations at various forums and in Law Courts. This subject has been adjudicated upon by different courts in the past. The view taken in C.W.P No 3882 of 1981- Joginder singh Sethi v/s state of Punjab was over-ruled by a full bench judgement dated 28-8-1989- in Jaswant Singh and others v/s State of Punjab and others. Instructions dated 4-5-1974 issued by the Welfare Department were challenged in Writ petition(civil) No.79 of 1979 in Hon'ble Supreme Court in R.K. Sabharwal and others v/s State of Punjab and others . This Writ petition has been finally decided by the Hon'ble Supreme Court vide their Judgement dated 10-2-1995.

In the above Writ petition before the Hon'ble Supreme Court of India-R.K.Sabharwal and others v/s State of Punjab the arguments by the petitioners were confined to the following two points namely:- a) that for working out the percentage of reservation for the promotees/appointees belonging to the Scheduled Castes and Backward Classes whether appointed against the general category posts or against the reserve posts are to be counted. In other words, if more than 14% of the Scheduled Castes candidates are appointed/promoted in a cadre on their own merit/seniority by competing with the general category candidates then the purpose of reservation in the said cadre having been achieved the Govt. instructions providing reservations would become inoperative. b) that once the posts earmarked for Scheduled Castes/Tribes and Backward Classes on the roster are filled the reservation is complete. Roster cannot operate any further and it should be stopped. Any post falling vacant, in a cadre thereafter, is to be filled from the category-reserve or general due to retirement etc. of whose member the post fell vacant. 38

After giving due consideration and thought to the arguments advanced by the counsel for the petitioners, the Hon'ble Supreme Court has observed that in case of first issue the High Court while deciding Joginder Singh Sethi's case fell into a patent error by including the officials promoted on the basis of seniority-cum-merits for calculating the total percentage of reserve categories in a given cadre. This case was also considered by a full bench of Punjab and Haryana High Court in Jaswant Singh v/s Secretary to Government of Punjab, Education Department (1989) (4) Services Law Reporter 257). The full bench did not agree with the ratio in Joginder Singh Sethi's case and reversed the same. It has further been observed that when a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserve posts. On the other hand the reserve category candidates can compete for the non-reserve cadre/category. It is also to be ensured that while following above principle there will neither be any short-fall nor excess in the percentage of reservation (of course by excluding appointees/promotees on their seniority-cum-merit). While making above observations the Hon'ble Supreme Court has made these orders to be operative prospectively.

Having due regard to the foregoing observations of the Hon'ble Supreme Court,the following guidelines are laid down for compliance: i) while calculating the percentage of reservation as prescribed in Govt. instructions from time to time, the officials/officers appointed/promoted on seniority-cum-merit basis belonging to reserve categories will be excluded from the number of reserve categories working in the particular cadre. ii) The account of vacancies will be maintained in the form of roster as running account as per the existing instructions. However the operation of roster will temporarily stop when the prescribed percentage for the particular reserve category is reached. This prescribed percentage is to be worked out by excluding the posts filled by reserve category employees on the basis of seniority-cum-merit. It is clarified that even after the operation of roster stops on achieving the prescribed percentage, the members of reserve categories will not be denied promotion on the basis of seniority-cum-merit. iii) The operation of roster will re-start, the moment the percentage of a particular reserve category falls below the prescribed limit. iv) These guidelines will be applicable in case of the vacancies so arisen on or after 10-2-05 For the vacancies which arose prior to this date, the action will be taken in accordance with the instructions issued vide this Departmernt No. 3/8/89-RCI/7811, dated 17-8-1994 in pursuance of the interim order dated 9-8-1994 passed by the Hon'ble Supreme Court.

These instructions are however subject to any order/directions which may be passed by the Hon'ble Superme Court in any of the writ petitions etc. which are pending before them and having bearing on State Govt. policy.

These instructions are brought to your kind notice for strict compliance. Receipt of this communication may please be acknowledged.

Yours Faithfully, Sd/- (J.S. KESAR) Secretary to the Government of Punjab.

A copy is forwarded to All the financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab for information and necessary action.

Sd/- Secretary to the Government of Punjab, Department of Welfare of S.Cs & B. Cs.

To,

All the Financial Commissioners/ Principal Secretaries and Administrative Secretaries to the Govt. of Punjab.

U. O. No. 3/8/95-RC-3/4854 Dated 10-7-1995

______

GOVERNMENT OF PUNJAB

DEPARTMENT OF WELFARE OF S. Cs & B. Cs (RESERVATION CELL)

CORRIGENDUM

In the Instructions contained in the Punjab Government Circular letter No. 3/8/95-RC3/4853 dated 10/12-7-1995 regarding Reservation policy : Treatment of appointments/promotions made for reserve categories on seniority-cum-merits and operation of the roster issued by this Department, in Sr. No. (iv) of the guidelines at page 4, the words "to be filled up" occurring in line three be substituted by the words "which arose".

Sd/- Dated Chandigarh, J. S.Kesar the 14th July, 1995. Secretary to the Government of Punjab.

No. 3/8/95-RC3/5071 Dated 14-7-1995

A copy is forwarded to All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners in the State and the Registrar, Punjab & Haryana High Court, Chandigarh for information and necessary action.

Sd/- Joint Secretary Welfare.

A copy is forwarded to All the Financial Commissioners/Principal Secretaries and Administrative Secretaries to the Government of Punjab for information and necessary action.

Sd/- Joint Secretary Welfare.

All the Financial Commissioners/ Principal Secretaries and Administrative Secretaries to the Government of Punjab.

I. D. No. 3/8/95-RC 3/5072 Dated : 14-7-1995.

______

41 BzL 8$144$93 -G; 2$7017

gzikp ;oeko GbkJh ftGkr (GbkJh ;?b BkB gbkB)

;/tk fty/ oki d/ ;w{j ftGkrK d/ w[Zyh, ofi;Noko, gzikp ns/ jfonkDk jkJh e'oN, ;w{j wzvb efwFBo}, fvgNh efwFBo}, ns/ f}bQk s/ ;?FB iZi ns/ ¢g wzvb nc;o (f;tb)

fwsh, uzvhrVQ 27-9-95 ftFk L- oki d/ ekbiK ftZu gZSVhnK Fq/DhnK bJh okythnK ;hNK s/ dkyb/ bJh gksosk fBoXkos eoB bJh ftfdnkoEhnK d/ wkfgnK dh nkwdB dh ¢gobh ;hwK pko/ . FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg ih dk fXnkB ;oeko d/ whw' BzL 8$144$93-G;2$4257 fwsh 20-5-94 tZb fdtKd/ fJj ;{fus eoB dh jdkfJs j'Jh j? fe oki d/ w?vheb$fJziH ns/ gkbhN?efBe ekbiK nkfd ftZu gZSVhnK ;q/DhnK bJh okythnK ;hNK s/ dkyb/ ftZu gksosk fBoXkos eoB bJh ftfdnkoEhnK d/ wkfgnK dh ;kbkBk nkwdB dh ¢gobh ;hwK fijVh gfjbK 6000$- o[L gqsh ;kb ;h, f;tb foN BzL 10271 nkc 1993 d/ c?;b/ ftZu wkB:'r gzikp ns/ jfonkDk jkJhe'oN B/ oZd eo fdZsh ;h. Bshi/ d/ s"o s/ ¢go'es jdkfJsK nB[;ko gZSVhnK ;q/DhnK d/ ftfdnkoEhnK bJh dkyb/ b?D fjZs e'Jh nkwdB dh ;hwk BjhI ;h .

2H fJj wkwbk ;oeko B/ g{oh soQK ftukfonk j? ns/ fJj c?;bk ehsk j? fe oki dhnK ;kohnK ;oekoh ;z;EktK ftZu dkyb/ bJh gZSVhnK Fq/DhnK d/ ftfdnkoEhnK d/ wkfgnK dh nkwdB dh ;hwk 6000$- o[L gqsh ;kb s'I tXke/ 1H00 bZy o[gJ/ gqsh ;kb eo fdZsh j? . fJBQK ftZu Bkb BZEh ehs/ rJ/ nB[bZr ftZu do;kJ/ torK d/ b'e Fkfwb BjhI j'Dr/ fiBQK ~ Gkos ;oeko d[nkok ;wkfie s'o s/ ¢BZs ftnesh (eohwhb/no) x'fFs ehsk j'fJnk j? . fJ; BthI fBoXkos nkwdB ;hwk nB[;ko gZSVhnK Fq/DhnK Bkb ;pzXs ftneshnK d/ j'J/ fo}ot ;hNK s/ dkyb/ bJh fBwB-fbys FosK nB[;ko :'r frD/ ikDr/ L

(1) ekohroK t}'A ezw eo oj/ iK fgsk g[oyh g/F/ iK feZs/ ftZu bZr/ ftneshnK fiBQK dh ;{uh Gkos ;oeko s'I gqkgs j'D s/ GbkJh ftGkr tb'I ;w{j ftGkrK ~ eo fdZsh ikt/rh, ¢es ftneshnK (eohwhb/no) ftZu BjhI nk¢IDr/ . 42

(2) ¢es do;kfJnk fBoDk j[ew ikoh j'D dh fwsh s'I bkr{ j't/rk n?go fJj ¢BQK dkyfbnK s/ bkr{ BjhI j't/rk fiZE/ dkyb/ dk ezw j[ew ikoh j'D dh fwsh s'I gfjbK nkozG j' frnk j't/ .

fJj jdkfJsK wzsoh gqhFd dh gqtkBrh ¢gozs ikoh ehshnK rJhnK jB . fJBQK dh fJzB-fpzB gkbDk ehsh ikt/ .

nkg ih dk ftFtk;gkso ;jh$- (joihs f;zx) ;z:[es ;eZso GbkJh . fgZL nzeD BzL 8$144$93-G;2$7018 fwsh L 27-9-95

fJe ¢skok j/m fbfynK ~ G/fink iKdk j? L--

1) vkfJo?eNo, nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK GbkJh ftGkr, gzikp, uzvhrVQ .

2) oki d/ ;ko/ fifbQnK d/ fibQk GbkJh nc;o . ;jh$- ;z:[es ;eZso GbkJh . fJe ¢skok oki d/ ;ko/ ftZsh efwFBo}, gqw[Zy ;eZso ns/ ;ko/ ftGkrK d/ gqpzXeh ;eZsoK ~ ;{uBk fjZs G/fink iKdk j? .

;jh$- ;z:[es ;eZso GbkJh .

;/tk fty/

gzikp oki d/ ;ko/ ftGkrK d/ ftZsh efwFBo, gqw[Zy ;eZso ns/ gq;kFeh ;eZso . nzL ftL gZL BzL 8$144$93-G;2$7019 fwsh 27-9-95

------

BzL 1$52$95-o;1$713

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

fwsh uzvhrVQ 17-1-1996

;/tk fty/

oki d/ ;w{j ftGkrK d/ w[Zyh, vth}BK d/ efwFBo}, fvgNh efwFBo}, ofi;Noko, gzikp ns/ jfonkDk jkJhe'oN, fibQk s/ ;?FB iZi, oki d/ p'ovK ns/ ekog'o/FBK d/ w?B/fizr vkfJo?eNo . ftFkL-- d{i/ okiK s'I gzikp ftZu wkJhrq/N (Migrate) j' e/ nkJ/ nB;{fus ikshnK d/ ftneshnK ~ ;j{bsK$bkG d/D pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg dk fXnkB gzikp ;oeko d/ rFsh gZso BzL 2$223$79- o;1$93$6439, fwsh 20-8-93, fi; d[nkok nkg B{z Gkos ;oeko d/ gZso BzL phH ;hH-16014$1$92 n?;H ;hH n?Iv phH ;hH vhH1, fwsh 6-8-1984 dh ekgh b'VhIdh ekotkJh eoB bJh G/ih rJh ;h, tZb fdtk¢D ns/ fJj dZ;D dh jdkfJs j'Jh j? fe Gkos ;oeko d/ fJ; gZso ftZu d{i/ okiK s'I wkJhrq/N (Migrate) j' e/ nkJ/ nB[;{fus ikshnK d/ ftneshnK ~ ;j{bsK$ bkG d/D pko/ j/m fby/ nB[;ko ¢gpzX jB L--

"It is, however, clarified that the Scheduled Caste/Scheduled Tribe person on migration from the State of his origin to another State will not lose his status as Scheduled Caste/Scheduled Tribe but he will be entitled 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."

¢go do;kJ/ ¢gpzXK s'I fJj ;gFN j? fe d{i/ okiK s'I wkJhrq/N j' e/ nkJ/ nB[;{fus ikshnK Bkb ;pzXs ftneshnK ~ gzikp ftZu nB[;{fus iksh bJh ¢gbZpX bkG BjhI fdZs/ ik ;ed/ .

2H gozs{ ;oeko d/ fXnkB ftZu fbnKdk frnk j? fe e[M ftGkr$;oekoh ndko/ fJBQK jdkfJsK dh nDd/yh eoe/ d{i/ okiK s' nkJ/ nB[;{fus ikshnK d/ ftneshnK ~ nkgD/ ftGkrK$ ndkfonK ftZu B'eohnK fdzd/ ;w/I foiot/FB dk bkG d/ oj/ jB i' fe fJBQK jdkfJsK dh ¢bzxDk j? . fJ; bJh nkg ~ fJBQK jdkfJsK dh fJzB-fpzB gkbBk eoe/ fog'N ;oeko ~ s[ozs G/iD bJh p/Bsh ehsh iKdh j? .

3H fJ; gZso dh gj[zu o;hd th G/ih ikt/ .

ftFtk;gkso ;jh$- (joihs f;zx) ;z:[es ;eZso GbkJh .

fJZe ¢skok ;w{j ftZsh efwFBo}, gzikp, gqw[Zy ;eZso ns/ gqpzXeh ;eZso, gzikp ;oeko ~ ;{uBK ns/ b'VhIdh ekotkJh bJh G/fink iKdk j? .

;jh$- ;[z:es ;eZso GbkJh .

;/tk fty/,

1H ;w{j ftZsh efwFBo}, gzikp . 2H ;w{j gqw[Zy ;eZso ns/ gqpzXeh ;eZso, gzikp ;oeko . nzL ftL gL BzL 1$52$95-o;1$714 fwsh, uzvhrVQ 17-1-1996

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No. 3/8/95-RC3/5454

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE OF SCs AND BCs (RESERVATION CELL)

All the heads of Departments, Commissioners of Divisions, Deputy Commissioners in the State and the Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigah, the 8. 7. 96

Sub :- Reservation Policy-Treatment of appointments/promotions made for reserve categaries on seniority-cum-merits and operation of the roster.

Sir,

I am directed to refer to Punjab Government Instructions issued vide letter No. 3/8/95-RC3/4853, dated 10/12-7-1995 and No.3/8/95-RC3/5071, dated 14-7-1995 on the subject noted above and to say that the matter regarding operation of roster has been reconsidered at length and it has been decided to make following modifications in the Guidelines :-

a) Para (4) sub-para (ii) The word 'temporarily' occuring in the fourth line be treated as deleted ;

b) para (4) sub-para (iii) Existing paragraph is substituted by the following :-

"Thereafter, when there is a vacancy the same shall be filled up from amongst the category to which the post belonged in the roster. This will mean that a post vacated by a reserve category official will be filled from amongst the reserve category candidates and a post vacated by a general category candidate should be filled from the person belonging to General category.

c) Present Sub-para (iv) is remembered as sub-para (v) and new sub-para (iv) may be added as under :-

"In case there is change in the cadre strength subsequently the number of posts on the basis of reservation will be recalculated and changed, if any, will be effected by adopting the running roster procedure." 46

3. The receipt of the letter be acknowldged.

Yours Faithfully Sd/- (Harjit Inder Singh ) Joint Secretary

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Government of Punjab for information and necessary action.

Sd/- Joint Secretary

All the Financial Commissioners/ Principal Secretaries and Administrative Secretaries to the Govt. of Punjab.

I. D. No. 3/8/95. RC3/5454-A Dated, Chandigarh 8.7.96

______

47 BzL 8$144$93 -G;2$6340 gzikp ;oeko GbkJh ftGkr (GbkJh ;?b BkB gbkB) ;/tk fty/,

oki d/ ;w{j ftGkrK d/ w[Zyh, ofi;Noko, gzikp ns/ jfonkDk jkJhe'oN, ;w{j wzvb efwFBo}, fvgNh efwFBo}, f}bQk ns/ ;?FB iZi ns/ ¢g wzvb n\;o (f;tb) .

fwsh, uzvhrVQ 2 nr;s, 1996 ftFkL-- oki d/ ;oekoh ekbiK ftZu gZSVhnK Fq/DhnK bJh okythnK ;hNK s/ dkyb/ bJh gksosk fBoXkfos eoB bJh ftfdnkoEhnK d/ wkfgnK dh nkwdB dh ¢gobh ;hwK pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg ih dk fXnkB ;oeko d/ gZso BzL 8$144$93-G;2$7017 fwsh 27-9-95 tZb fdtke/ fJ; dh brkskosk ftZu fJj dZ;D dh jdkfJs j'Jh j? fe fJ; gZso d/ g?ok-2 ftZu Fos BzL 1 ftZu do;kJ/ nB[;ko ;oe{b/N ehsh ikD tkbh gZSVhnK Fq/DhnK dh ;{uh, ¢j jh wzBh ikt/ i' gzikp ;oeko d/ GbkJh ftGkr d/ gZso BzL 1$41$93-o;1$459 fwsh 17-1-1994 ns/ BzL 1$88$93-o;1$1016 fwsh 2-2-94 Bkb gfjbK jh ;oe{b/N ehsh ik u[Zeh j? . fwsh 17-1-94 d/ ;oe{bo ftZu do;kJh ftXh nB[;ko jh gZSVhnK Fq/DhnK d/ iksh ;oNhfce/N ikoh ehs/ ikD sK fJBQK Fq/DhnK Bkb ;pzXs ftfdnkoEhnK ~ oki dhnK ;oekoh ftfdne ;z;EktK ftZu dkyb/ b?D ftZu gq/FkBh Bk j't/ .

2H ¢es do;kfJnk c?;bk fJ; gZso d/ ikoh j'D dh fwsh s' bkr{ j't/rk go fJj ¢BQK dkyfbnK ¢s/ bkr{ BjhI j't/rk fiZE/ dkyfbnk dk ezw fJ; fwsh s'I gfjbK nozG j' frnk j't/ .

3H fJj jdkfJsK ;eZso gzikp ;oeko, GbkJh ftGkr dh gqtkBrh ¢gozs ikoh ehshnK rJhnK jB . fJBQK dh fJzB-fpzB gkbDk ehsh ikt/ .

ftFtk;gkso ;jh$- (joihs fJzdo f;zx ro/tkb) ;z:[es ;eZso, GbkJh . 48 fgZL nzL BzL 8$144$93-G;2$6341 fwsh, uzvhrVQ 2-8-1996

fJ; dk fJe ¢skok, vkfJo?eNo, nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK GbkJh, gzikp, uzvhrVQ ~ G/ie/ fbfynk iKdk j? fe ¢j nkgD/ nXhB ezw eod/ ;ko/ f}bQk gZXo s/ sfj;hb gZXo d/ dcsoK ~ fJ;dh gkbDk fjZs jdkfJsK ikoh eoB .

;jh$- ;z:[es ;eZso, GbkJh .

fJe ¢skok oki d/ ;ko/ ftZsh efwFBo, gqw[Zy ;eZso ns/ ;ko/ gqpzXeh ;eZsoK ~ ;{uBK fjZs G/fink iKdk j? .

;jh$- ;z:[es ;eZso, GbkJh .

;/tk fty/,

gzikp oki d/ ;w{j ftGkrK d/ ftZsh efwFBo, gqw[Zy ;eZso ns/ gq;kFeh ;eZso, gzikp ;oeko . nzL ftL gZL BzL 8$144$93-G;2$6342 fwsh, uzvhrVQ 2-8-1996

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NO. 10/1/96/2SCWI/7143

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-1)

All Heads of Departments, Commissioners of Divisions, All Deputy Commisssioners, Registrar, Punjab and Haryana High Court, All Distt. Session Judges and Sub Divisional Officers in the State.

Dated Chandigarh, the 6-9-96

Subject :- Issuance of caste certificate to Vimukat Jatis -writing of word 'Vimukat Jatis' therewith.

Sir,

I am directed to refer to the subject noted above and to state that a number of representations from the representatives of the Vimukat Jatis have been received by the Govt. wherein it has been stated that while issuing caste certificate to them, the Certificate Issuing Authorities do not write name of Vimukat Jatis in the Certificate, due to which they can not get priority under various schemes benefits to them. It has been desired by them that the word 'Vimukat Jatis' may also be mentioned while issuing caste certificate to them. State Government has considered this matter and has decided that the competent caste certificate issuing authorities will specifically indicate that these communities (list enclosed) belong to Vimukat Jatis while issuing the caste certificate to them.

2. In view of the above decision, you are requested to issue necessary instructions to the competant caste certificate issuing authorities that while indicating Scheduled Castes in the certificate, a word 'Vimukat Jatis" may be written in the brackets to the members belonging to these Vimukat Jatis.

3. Receipt of this communication may please be acknowledged.

Sd/- Deputy Secretary Welfare.

LIST OF VIMUKAT JATIS INCLUDED IN THE SCHEDULED CASTES LIST OF PUNJAB STATE.

1. Bhangali 2. Brara 3. Bauria 4. Nat 5. Gandhila 6. Bazigar 7. Sansi (including the following sub castes)

1. Kuch hand 18. Behlowala 2. Bhedkut 19. Biddu 3. Manesh 20. Langeh 4. Gadria 21. Singiwala 5. Bachhbans 22. Kanjar 6. Kopet 23. Mirshkari 7. Aheria 24. Bhaginarmaur 8. Tettlu 25. Kingicut 9. Bheria 26. Dhe 10. Arhar 27. Kalkinar 11. Bhantu 28. Chaddi or Chadi 12. Chattu 29. Birtwal 13. Bhattu 30. Biharia 14. Habura 31. Pakhlwara 15. Kikan 32. Haddon 16. Harrar 33. Haria 17. Khola

______

To be published in Punjab Government Gazettee (Ordinary)

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-I)

NOTIFICATION

No. 8/76/95/2SCW1/7802 Dated Chandigarh, the 19.9.96

The Governor of Punjab is pleased to accept the recommendations of the Punjab State Backward Clase Commission, made in respect of Sanyasi Sadhu/Sanyasi Bawa and Bazuaos for their inclusion in the list of Other Backward Classes in the State of Punjab irrespective of their religion for the purpose of special treatment for the promotion of their economic conditions and other interests.

Sd/- (S.C. Aggarwal) Secretary to the Govt. of Punjab Department of Welfare of Scheduled Castes & Backward Classes.

No. 8/76/95/2SCW1/7803 Dated 19.9.96

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above said Notification may please be got published in the next issue of the Punjab Govt. Gazettee and supply 50 copies thereof to this Department for official use.

Sd/- Deputy Secretary Welfare.

No. 8/76/95/2SCW1/7804-08 Dated 19.9.96

A copy is forwarded to the following for information and necessary action:-

1. All Heads of Departments in the State 2. All Commissioners of Divisions, All Deputy Commissioners in the State 3. Registrar, Punjab and Haryana High Court, Chandigarh. 4. All Distt. & Session Judges and all Sub-Divisional Officers (c) in the State. 5. Member Secretary, the Punjab State Backward Classes Commission, 548, Sector 33/B, Chandigarh.

Sd/- Deputy Secretary Welfare.

______52

No. 13/3/96-RC1II/8804

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL) To 1. All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government Punjab.

2. All Heads of Departments, Registrar, Punjab and Haryana High Court, Commissioners of Divisions, Deputy Commissioners and Sub- Divisional Officers (Civil) in the State.

Dated , Chandigarh, the 9-10-1996.

Subject:-Judgement dated 1-3-96 of the Hon'ble Supreme Court of India in Civil Appeal No.3792-94 of 1989-Ajit Singh Janjua and others versus State of Punjab and others.

I am directed to refer to the subject noted above and to state that the Hon'ble Supreme Court of India in its judgement dated 1-3-96 (copy enclosed), in civil appeals cited as subject, has inter-alia held that "the rule of reservation gives accelerated promotion but it does not give the accelerated 'conscouential seniority'. If a Scheduled Caste/Scheduled Tribe candidate is promoted earlier because of the rules of reservation/roster and his senior belonging to the general category is promoted later to that higher grade the general category candidate shall regain his seniority over such earlier promoted scheduled caste/tribe candidate".

2. The Government has notified Punjab Civil Services (General and Common conditions of Service) Rules, 1994. Rule-8 of these Rules States that the seniority inter-se of persons appointed to posts in each cadre of service shall be determined by the length of continuous service on such posts in that cadre of the service. This rule cannot be now applied in fixing of the seniority between reserve category and general category candidates in promoted category. In view of the judgement of the Hon'ble Supreme Court of India referred to above, because in this case their inter-se seniority cannot be determined by the length of service on promoted category posts in each cadre of the service. The principle laid down by the Hon'ble Supreme Court has to be implemented while fixing seniority of the reserved category candidates and general category candidates in the promoted category under rule-8 of the rules ibid. In other words, the seniority of the reserved category person and the general category persons in the higher grade shall continue to be governed by their panel position i.e. w.r.t. inter-se seniority in the lower grade.

3. The Hon'ble Supreme Court had on 8-2-1983 given a clarification of an earlier interim order dated 19-10-82 as follows:-

"We made it clear by our order dated 19-10-82 that there will be an interim order of stay against a reversion of the person already appointed on the basis of instructions issued by the Govt. of Punjab which have been held to be invalid by the judgement of the High 53

Court impugned in these appeals and writ petitions we do not think there is any doubt in regard to what we said,namely that no Scheduled Castes and Scheduled Tribes employee who has already been appointed or promoted pursuant to the instructions of the Govt of Punjab will not be reverted but so far as the future, appointments/promotions are concernd shall be made according to the judgement of the High Court and these will be ultimately subject to the result of writ petition and appeals. If the Govt makes any appointment/promotion in accordance with the Judgement of the High Court,the State Govt. will make it clear in the letter in the of appointment/promotion that the appointment/promotion is subject to the result of the writ petition and appeal so that there is no difficulty in future in case the High Court judgement reversed by this Court."

4. Government is, therefore , of the view that keeping in view the interim order of the Hon'ble Supreme Court and the final judgement in the Ajit Singh Janjua's case, the promotions made on or after 19-10-82 are required to be reviewed.

5. You are, therefore, requested to go through the contents of the enclosed jugdement of the Hon'ble Supreme Court of India and make sure that the directions of the Hon'ble Supreme Court are meticulously complied with by all the functionaries under your administrative control for fixation of seniority between the reserve category candidate and general category candidates in the higher grade under Rule-8 of the Punjab Civil Services (General and Common Conditions of Service) Rules,1994.

6. This letter may kindly be acknowledged.

Yours faithfully SD/- (S.C.Aggarwal) Secretary Walfare.

______

No. 1/41/06-RC1/11001-A

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners, Registrar, Punjab & Haryana High Court, District & Session Judges and Sub Divisional Officers (Civil) in the State of Punjab.

Dated, Chandigarh : 5-12-96

Sub:-- Validity of Scheduled Castes/Backward Classes Certificate for the purpose of seeking employment in any deptt. or admission into educational institutions.

Sir

The government has, from time to time, announced various concessions to members of the Scheduled Castes and Backward Classes in the matter of employment, admission to technical/professional institutions and benefits under various government programmes. In order to avail these benefits, the candidates are required to produce certificates of their belonging to Scheduled Castes/Backward Classes. The Department of welfare has issued instructions governing the form of these Certificates, the authorities competent to issue them and the procedure for their issue. A list of competent authorities to issue certificates format of SCs &BCs certificates are annexed herewith as Annexure A,B &C.

2. Cases have come to notice on which the authorities/ institutions concerned have prescribed their own formats for such certificates or have insisted that they be issued by a particular authority, which is different from the authority prescribed in the instructions of the Department of Welfare. Cases have also come to notice where the authorities have refused to accept attested photocopies of these Certificates and have insisted on the originals. All this causes needless harassment for the applicant as each individual normally applies to several institutions/offices at a time.

3. It has therefore been decided that the Scheduled Caste/Backward Class Certificate issued by the competent authority as per the instructions of the Welfare Department will be accepted by all authorities and institutions as valid. To further simplify the procedure it has been decided that in the first instance it will be sufficient for the candidate seeking admission or employment or other facility to indicate in the application form whether he/she belongs to the Scheduled Caste/Backward Classes or not. Attested photocopies of the Certificate may be obtained only from the selected/wait listed candidates.

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

5. Please acknowledge its receipt.

Sd/- Deputy Secretary Welfare, Punjab

A copy for information and necessary action is forwarded to all the Financial Commissioners, Principal Secretaries and Secretaries to the Govt. of Punjab. They are requested to bring these instructions to the notice of all the offices, Corporations and Universities/Boards, Autonomous Bodies and Institutions under their administrative control for compliance.

Sd/- Deputy Secretary, Welfare

All the Financial Commissioners, Principal Secretaries & Secretaries to the, Govt. Pb.

I.D. No. 1/41/96-RCI/11002-B dated: 5-12-1996

______

ANNEXURE 'A'

Competent authority to issue Caste Certificate.

(a) Scheduled Castes :

i) District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/ Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendary Magistrate/ City Magistrate/Sub Divisional Magistrate/Talika Magistrate/Executive Magistrate/ Extra Assistant Commissioner (not below the rank of Ist Class Stipendary Magistrate).

ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

iii) Revenue Officer not below the rank of Tehsildar.

iv) Sub Divisional Officer of the area where the candidate and/or his family normally resides.

v) Administrator/Secretary to Administrator/Development officer Lakshadweep Islands. (Circulated vide No. 2/223/79-SWI/4337 dated 8-6-96)

vi) M.L. As of the concerned constituency. (circulated vide No. 1/19/94-RCI/6045 dated 15-7-94)

(b) Backward Classes:

i) Sub-Divisional Officer (c)

ii) Executive Magistrate

iii) Tehsildar

iv) Naib Tehsildar

v) Block Officer

iv) District Revenue Officer (Circulated vide No. 2/223/79-SWI/4337 dated 8-6-90)

vii) M.L.A. of the concerned constituency (Circulated vide No. 1/19/94-RCI/6045 dated 15-7-94)

______57

ANNEXURE 'B'

FORM OF CASTE CERTIFICATE FOR SCHEDULED CASTES

It is certified that Shri/Shrimati/Kumari______son/daughter of Shri______of village/town______District/Division______State of Punjab belongs to______Caste which has been recognised as Scheduled Caste as per "The Constitution (Scheduled Castes) Order 1950"

2. Shri/Shrimati/Kumari______and his/her family lives in village/ town______District/Division______of Punjab State.

Signature Designation Place______Seal of Office Date______

______

ANNEXURE 'C'

FORM OF CERTIFICATE OF BACKWARD CLASS

This is to certify that Shri/Shrimati/Kumari______Son/daughter of ______village/town______in district/division______of the State of Punjab belongs to the ______Caste which is recognised as a Backward Class in terms of Punjab Government letter No.______dated______.

2. This is also certified that he/she does not belong to any category of persons/sections mentioned in column 3 of the schedule to Punjab Government, Department of Welfare letter No. 1/41/93-RCI/459 dated 17-1-1994.

3. Shri/Shrimati/Kumari ______and/or/his/her family ordinarily reside(s) in village/town______of District/Division______of the State of Punjab.

Signature______Designation______Place: (with office seal of the officer concerned) State: Date:

______58

4/40/95-1P.P-III/20663

GOVERNMENT OF PUNJAB DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS (PERSONNEL POLICIES III BRANCH)

Dated,Chandigarh the 5th December 1996

1. All the Financial Commissioners; 2. All the Principal Secretaries and 3. All the Administrative Secretaries to Govt,Punjab

Subject:- Constitution of the Departmental Selection Committees for filling up of vacancies/posts taken out of the purview of the S.S.S.Board.

Sir/Madam,

The Council of Ministers, in its meeting held on 27.6.96 directed that general instructions be issued to the Departments to fill up vacant posts quickly. For this purpose,Departmental Selection Committees be set up to fill up these vacancies as per rules and procedure laid down by the Government.Those vacancies for which requisition has already been sent to the Board, should be filled up through the Subordinate Services Selection Board, Punjab. In compliance with this decision,a review of the Board's performance was undertaken and it has come to the notice of the Government that out of the approximately 7,000 vacancies for which requisition was sent to the S.S.S. Board, Punjab in the past two years, the Board has been able to recommend only about 500 candidates for various posts, However, the Board has advertised 6,415 posts. In addition to this, there are 624 vacancies where the requisitions are still pending with the Board and no action has been taken on this as yet. A list of the vacancies is attached.

2. In compliance with the Council of Ministers 'orders dated 27.8.96, these 624 vacancies are taken out of the purview of S.S.S.Board and the concerned departments may set up their own Departmental Selection Committees to fill up these vacancies The Departmental Selection Committees will, in supersession of the Punjab Govt. circular letter No.4/40/95-1PP- III/25678 dated 21.11.95 be constituted as follows:-

(A) STATE LEVEL COMMITTEES :

The composition of the DEPARTMENTAL SELECTION COMMITTEES will, hence forth be as follow:-- i) Head of the Department/ Chairman appointing authority unless otherwise speceifically provided as per service rules. 59 ii) One representative of the Member Department of Personnel & A.R. iii) One representative of the Member Department of Sainik Welfare and Defence Services. iv) One representative of the Member Department of Welfare.

(B) DISTRICT LEVEL COMMITTEES :

The Composition of the DEPARTMENTAL SELECTION COMMITTEES will, henceforth, be as follows :-- i) Appointment Authority/head of Chairman the office as per Service Rules. ii) Repesentative of D.C. or his Member nominee not below the rank of Class-I Officer will represent Department of Personnel & A.R. iii) One representalive of the Department Member of Sainik Welfare and Defence Services. iv) One Representative of the Member Department of Welfare.

Since the Education Department is already in the process of recruiting teaching staff, therefore, the original Departmental Selection Committees may continue to function.

3. It may be ensured that besides asking for a list of candidates from the Employment Exchanges, these vacancies are sufficiently well advertised and reasonable notice should be given for inviting applications. In case, there are any other vacancies, which have not been covered by eitner a previous requisition to the Board or have not been taken out of the purview of the S.S.S. Board as mentioned in annexure attached to this letter, steps may be taken by the Departments concerned to take the existing vacancies out of the purview of the Board immediately.

4. The backlog of reservation is to be filled as per instructions of the Govt. on reservation and total reservation should not exceed 50%. The work of appointments should be completed most expeditiously.

5. Necessary instructions may kindly be issued to the Department/Departments under your control for meticulous compliance of these instructions immediately.

6. This letter may kindly be acknowledged.

Yours faithfully, Sd/- (Karam Chand Ahuja) Joint Secretary Personnel

Endstt. No. 4/40/95-IPP-III/20664 Dated, Chandigarh the 5.12.96

A copy is forwarded to :-

1) All Heads of Dapartments; 2) Commissioners of Divisions; 3) Deputy Commissioners. for information and immediate necessary action in supersession of Punjab Govt. endorsement No. 4/40/95-1PP-III/25679 dated 21.11.95.

Sd/- Joint Seceretary Personnel.

______

No. 7/1/90-RCI/11374

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

All Heads of Departments, Commissioners of the Divisions, Deputy Commissioners, Session Judges, Registrar Punjab & Haryana High Court and Sub-Divisional Officers (c) in the State.

Dated Chandigarh, the 30th December, 1996.

Subject:-Refixation of quantum of reservation for Backward Classes in the State Services on the recommendations of the 2nd Backward Classes Commission (Mandal Commission).

Sir,

The Government have decided to increase the percentage of reservation in direct recruitment for Government/Semi-Government JOBS in all services in favour of Backward Classes from the existing 5% to 12% with immediate effect.

2. It has also been decided that reservation for scheduled castes and backward classes will be made vertical while the reservation for other categories such as ex-servicemen, sportsmen, physically handicapped and freedom-fighters will be horizontal according to the chart annexed to this letter. Thus scheduled castes, ex-servicemen would be adjusted against the 4% seats earmarked for them in the chart and to that extent they will be counted towards reservation for scheduled castes as well as ex-servicemen. Similar criteria will apply to scheduled caste sportsmen and backward class ex-servicemen.

3. Government have also decided that the reservation for scheduled castes and backward classes will take precedence over the horizental reservation for ex-servicemen, sportsmen, physically handicapped and freedom fighters. Thus, for example, in the event of non-availability of the required number of scheduled caste ex-servicemen, the vacancies earmarked for this category would in the first instance go to scheduled castes and in case no scheduled castes are available these will be given to the general category ex-servicemen. The principle of carrying- forward of reservation of vacancy will also apply with necessary alteration in detail.

Yours faithfully, Sd/- (S. C. AGRAWAL) SECRETARY TO GOVT. PUNJAB, Department of Welfare of SCs & BCs. 62

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries for information and necessary action.

Sd/- Secretary Welfare. To

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries.

ID No. 7/1/90-RCI/11375 Dated the 30th Dec.,1996.

______

To be published in Punjab Government Gazettee (Ordinary)

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-1)

NOTIFICATION

No. 8/76/95/2SCW1/484 Dated Chandigarh, the 2nd May, 1997

The Governor of Punjab is pleased to accept the recommendations of the Punjab State Backward Classes Commission, made in respect of Mehra Rajputs and Soni/Rajputs for their inclusion in the list of Other Backward Classes in the State of Punjab irrespective of their religion for the purpose of special treatment for promotion of their economic conditions and other interests.

Sd/- (Harsimrat) Secretary to the Govt. of Punjab Department of Welfare of Scheduled Castes and Backward classes.

No. 8/76/95/2SCW1/485 Dated, Chandigarh the 2-5-1997

A copy is forwarded to the Controller, Printing and Stationery Department, Punjab, Chandigarh with the request that the above-said notification may please be got published in the next issue of the Punjab Govt. Gazettee and supply 50 copies thereof to this Department for official use.

Sd/- Under Secretary Welfare

No. 8/76/95/2SCW1/486 Dated Chandigarh, the 2-5-1997

A copy is forwarded to the following for information and necessary action:-

1. All the Heads of Departments in the State.

2. All Commissioners of Divisions, all Deputy Commissioners in the State.

______

No. 10/26/95-5S.S./1252

GOVERNMENT OF PUNJAB DEPARTMENT OF SOCIAL SECURITY AND DEV. OF WOMEN AND CHILDREN (SOCIAL SECURITY BRANCH)

1. All the Heads of Departments. 2. Commissioners of Divisions. 3. Deputy Commissioners in the State and 4. Registrar, Punjab and Haryana High Court, Chandigarh. 5. Chairman, Punjab Public Service Commission, Patiala.

Dated, Chandigarh 2-5-1997

Subject:-Reservation of vacancies in direct recruitment for the physically handicapped persons in the State.

Kindly refer to the subject noted above.

2. Vide this circular, the instructions already issued by the State Government vide circular letter No. 13/280/81-5SW/10283 dated 24-11-1982, No. 10/26/95-5SW/201-204 dated 30-12-96 and No. 10/26/95-5SW/906 dated 16-1-1997 are being reiterated as a number of departments have indicated that they are not clear about the provisions made for the reservation of posts for handicapped persons.

3. The Government have already decided to reserve 3% vacancies in direct recruitment in Class-I, II, III and IV services for physically handicapped persons in the State. The break up of this reservation is as under :--

i) Blindness of low visions; 1% ii) hearing impairment 1% iii) Locomotor disability or cerebral palsy. 1%

4. The definitions of the categories of the handicapped for purpose of reservation in employment are given in Annexure 'A' which are as per provision contained in "The Persons with Disabilities (Equal opportunities, protection of Right and Full participation), Act, 1995."

5. The above percentage of reservation should be implemented by means of a 100 point roster and vacancies falling at point 11,40 &71 be reserved for the above three categories respectively.

6. The reservation made for the categories of handicapped persons mentioned above is interchangeable amongst themselves, if candidates belonging to a category are not available or if the nature of vacancies in an office is such that a given category of persons cannot be employed.

7. If a vacancy reserved for the handicapped persons is not filled, the reservation shall be carried over for a period of upto three recruitment years. Any recruitment of the physically handicapped candidates will first be counted against the additional quota brought from previous years if any, in their chronological order. If such candidates are not available for all the vacancies, the other vacancies carried forwarded should be filled first and the comparatively later vacancies carried forward.

8. The physically handicapped persons may be given the age concession of 10 years over and above the existing upper age limit for direct recruitment 'to class III and IV posts' as already provided in Punjab Government letter No. 2417-GSII-66/16248 dated 4-5-86.

9. Principal Medical Officer/Chief Medical Officer/Civil Surgeon as the case may be of the District or place of which; the applicant is a permanent resident or class-I Medical Officer of any Government Medical Institution/Hospital shall be competent to issue the certificate of being handicapped but otherwise fit for Civil Employment against the post applied for as already provided vide Punjab Government letter No. 18/11/82-5PP/5043 dated 20-4-82, Such a certificate would be sufficient for entitlement age concession and employment as provided in Punjab Government letter No. 266 (GOIO-2GSII-78/4232, dated 8-2-1978, issued by the Chief Secretary to Govt. of Punjab.

10. In the matter of appointment priority provided vide Circular No. 18/14/86- 5PP(1703)/5964 dated 24-4-86 from the Department of Personnel and Administrative Reforms addressed to all Heads of Departments etc. is to be given to all handicapped persons. Vide this circular the suitability of the persons may be adjudged by the appointing authority and it shall not be necessary to get the approval of the Subordinate Service Selection Board or the Departmental Selection Committee, as the case may be, nor would the registration at the Employment Exchanges be required for making appointments on the basis of the above priority list against Class III and Class IV service or posts.

11. Where a Department considers that it is not possible to provide reservation for the physically handicapped persons to the extent prescribed in view of the nature of duties to be performed by the employee against a particular post, the matter should be reffered to the Government in the Department of Social Security and Development of Women & Children for the grant of exemption from reservation indicating the name and nature of the post with ample justification in support of its proposal . The vacancies reserved for the physically handicapped persons should not be de-reserved but are to be carried forward by the appointing authorities at their own until prior approval of the Government in the Department of Social Security and Development of Women and Children is obtained for dereserving the same.

12. The handicapped employee found physically unfit is to be covered under section 47 (I) of "The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" and is to be shifted to another identical/equivalent post for which he may be found suitable. Promotion can-not also be denied to a person on the ground of disability.

Sd/- GURBINER CHAHAL Dated, Chandigarh Prinicipal Secrctary to Govt. Punjab. the 28th April, 1997. Department of Social Security and Development of Women & Children. 67

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab for information and necessary action. . Sd/- Joint Secretary,

i) All the Financial Commissioners and Principal Secretaries, and

ii) All the Administrative Secretaries to Govt. Punjab.

U.O. No. 10/26/95-5 S. S./1253 Dated, Chandigarh the 2nd May, 1997.

Endst. No. 10/26/95-5 S. S./1254 Dated, Chandigarh the 2nd May, 1997.

A copy is forwarded to all Autonomous bodies under the control of State Government.

Sd/- Joint Secretery.

______

ANNEXURE 'A'

Definitions of The Categories of the Handicapped for Purpose of Reservation in Employment.

THE BLIND :

The blind are those who suffer from either of the following conditions:-

a) Total absence of sight.

b) Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses;

c) Limitation of the field of vision subtending an angle of 20 degrees or worse.

THE DEAF

The deaf are those in whom the sense of hearing is non functional for ordinary purposes of life. They do not hear understand sounds at all events with amplified speech. The cases included in this category will be those having hearing loss more than 60 decibles in the better ear (profound impairment) in the conversational range of frequencies.

ORTHOPAEDICALLY HANDICAPPED :

The orthopaedically handicapped are those who have a physical defect or deformity not less than 40% which causes an interference with the normal functioning of the bones.

______

ANNEXURE-II

No. 13/3/96-RCI/460

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners in the State. Registrar, Punjab and Haryana High Court, and Sub Divisional Officers (Civil) in the State.

Dated, Chandigarh, the 26th May, 1997.

Subject:-- Judgement dated 1-3-96 of the Hon'ble Supreme Court of India in Civil Appeal No. 3792-94 of 1989-Ajit Singh Janjua and others versus State of Punjab and others.

Sir/Madam,

I am directed to refer to this Department letter No. 13/3/96-RC III/8804, dated 9-10-96 on the subject noted above and to state that the same issue has again come up before the Hon'ble Supreme Court of India for clarification as to the date of implementation of the judgement of the Hon'ble Supreme Court in Ajit Singh Janjua's case in Petition (s), for Special Leave to Appeal (Civil) No. 16648/96 from the judgement and order dated 10-7-96 in C.W.P. No. 5533/96 of the High Court of Punjab and Haryana at Chandigarh in Sube Singh Bahmani v/s State of Haryana and others. From its order dated 8-4-97, it is clear that Hon'ble Supreme Court itself has held that the issue is not entirely free from doubt and accordingly it has been decided that these matters be considered by three judges bench.

2. In view of this the State Govt. has decided to maintain status-quo which would mean that no further reversions of Scheduled Castes/Backward Classes employees be made and in case any reversion has already been made in view of instructions issued vide Govt. letter under reference that may also not be disturbed till the final clarficatiobn is given by the Hon'ble Supreme Court. However, the promotion cases which arise after the date of judgement of Hon'ble Supreme Court i.e. 1-3-96 will be dealt with on the basis of seniority of the concerned employees as per judgement of the Hon'ble Court delivered on 1-3-96. In other words it has been decided that till the Hon'ble Supreme Court decides the matter, there should be no reversions of Scheduled Castes/ Backward Classes employees but for promotions, seniorities are to be redetermined as per the Hon'ble Supreme Court judgement already delivered on 1-3-96.

3. This letter may kindly be acknowledged.

Yours faithfully, Sd/- (HARSIMRAT) Secretary to the Government of Punjab.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab w.r.t. this Deptt. letter No. 13/3/96- RCIII/8804 dated 9-10-96 for information and necessary action.

Sd/- Secretary to Govt. Punjab, Deptt. of Welfare.

______

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;w{j ftZsh efwFBo}, gqw[Zy ;eZso, gqpzXeh ;eZso, ftF/F ;eZso, ;z:[es ;eZso, ¢g ;eZso, tXhe ;eZso ns/ nXhB ;eZso, gzikp ;oeko . nzL ftL gZL BzL 8$30$96-3ghHghH 1$17241 fwsh, uzvhrVQ L 21 nr;s, 1997 fgZL nzeD BzL 8$30$96-3ghgh$17242 fwsh, uzvhrVQ L 21 nr;s, 1997

fJZe ¢skok gzikp f;tb ;eZso/s d/ ;ko/ ;[govzNK ns/ wzsoh ;kfjpkB d/ ;eZso$ fBZih ;eZsoK ~ ;{uBK fjZs G/fink iKdk j? .

;jh$- (J/H n?BH f;zrbk) ;[govzN . fgZL nzeD BzL 8$30$96-3ghgh 1$17243 fwsh, uzvhrVQ L 21 nr;s, 1997

fJZe ¢skok ;eZso, gzikp b'e ;/tk efwFB, gfNnkbk ~ ¢BKQ d/ gZso BzL ghH n?v

;h 9$78$6172 fwsh 30-4-1997 d/ ;pzX ftZu ;{uBK ns/ b'VhIdh ekotkJh fjZs G/fink iKdk j? .

;jh$- (J/H n?BH f;zrbk) ;[govzN .

fJZe ¢skok ;eZso, gzikp ;oeko, ;wkfie ;[oZfynk s/ fJ;soh s/ pkb ftek; ftGkr ~ ¢jBK d/ jtkb/ BzL 10$26$95-5;;$1597 fwsh 5$6-6-1997 d/ jtkb/ ftZu ;{uBK fjZs G/fink iKdk j? . ;jh$- (J/H n?BH f;zrbk) ;[govzN .

;/tk fty/

;eZso, gzikp ;oeko, ;wkfie ;[oZfynk ns/ fJ;soh s/ pkb ftek; ftGkr, (;wkfie ;[oZfynk Fk]k) . nzL ftL gZL BzL 8$30$96-3ghgh 1$17244 fwsh, uzvhrVQ L 21 nr;s, 1997

------

o';No pko/ fttoD

(tZy-tZy ;q/DhnK bJh okythnK nk;kwhnK d/ o';No-100 B[efsnK dk t/otk) ------B[esk Bz L fi; F/qDh bJh okytK j? B[esk Bz L fi; F/qDh bJh okytK j? ------1 2 1 2 ------1H nHiH 31H iH 2H iH 32H i 3H iH 33 nHiH 4H iHH 34H iH 5H nHiH 35H gH;H (;HEH) 6H iH 36H iH 7H ;HcH 37H nHiH 8H gH;H 38 iH 9H nHiH 39H iH 10H iH 40H nzrjhD 11H nzrjhD 41H nHiH (fyvkoh) 12H iH 42H gH;H 13H nHiH 43H iH 14H ;HcH 44H ;HcH 15H iH 45H nHiH 16H gH;H 46H iH 17H nHiH 47H i 18H iH 48H gH;H 19H iH 49H nHiH 20H iH 50H iH 21 nHiH (;HcH) 51H iH 22 iH 52H iH 23H fyvkoh 53H nHiH (;HcH) 24H gH;H 54H iH 25H nHiH 55H iH 26H iH 56H gH;H 27H iH 57H nHiH 28H ;HcH 58H iH 29H nHiH 59H iH 30H iH 60H ;HcH ------75

------B[esk Bz L fi; F/qDh bJh okytK j? B[esk Bz L fi; F/qDh bJh okytK j? ------1 2 1 2 ------61H nHiH 81H nHiH 62H iH 82H iH 63H ;[szsosk ;zrokwh 83H iH 64H gH;H 84H iH 65H nHiH 85H nHiH 66H iH 86H iH 67H ;HcH 87H ;HcH 68H iH 88H gH;H 69H nHiH 89H nHiH 70H iH 90H iH 71H nzrjhD 91H iH 72H gH;H 92H iH 73H nHiH(;HcH) 93H nHiH (;HcH) 74H iH 94H iH 75H iH 95H iH 76H iH 96H gH;H 77H nHiH 97H nHiH 78H iH 98H iH 79 iH 99H iH 80H gH;H (;HcH) 100H fyvkoh ------B'N L-- ¢es d/ ;Bw[Zy o';No B[efsnK dk Fq/Dh tko ;zy/g t/otk j/m fby/ nB[;ko j? L--

1H B[esk Bz L 1,5,9,13,17,21,25,29,33,37,41,45,49,53,57,61,65,69,73,77,81,85,89,93,97 (e[Zb 25) nB[;{fus iksh bJh okyt/I jB . 2H B[esk Bz L 8,16,24,35,42,48,56,64,72,80,88 ns/ 96 (e[Zb 12) gSVhnK ;q/DhnK bJh okyt/I jB . 3H B[esk Bz L 7,14,21,28,35,44,53,60,67,73,80,87,93 (e[Zb 13) B[es/ ;kpek c"ihnK bJh okytI/ jB . 4H B[esk Bz L 11,40 ns/ 71 (e[Zb-3) nzrjhD ftneshnK bJh okyt/I jB . 5H B[esk Bz L 23,41 ns/ 100 (e[Zb-3) fyvkohnK bJh . 6H B[esk Bz L 63 ;[szsosk ;zrokwhnK bJh okytK j? .

------76

No. 7/1/90-RCI/11374

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

All Heads of Departments, Commissioners of the Divisions, Deputy Commissioners, Session Judges, Registrar, Punjab & Haryana High Court and Sub Divisional Officers (C) in the State.

Dated Chandigarh, 30th December, 1996.

Subject:-- Refixation of quantum of reservation for Backward Classes in the State Services on the recommendations of the 2nd Backward Classes Commission (Mandal Commission).

Sir,

The Government have decided to increase the percentage of reservation in direct recruitment for Government/Semi-Government jobs in all services in favour of Backward Classes from the existing 5% to 12% with immediate effect.

2. It has also been decided that reservation for Scheduled castes and backward classes will be made vertical while the reservation for other categories such as ex-servicemen, sportsmen, physically handicapped and freedom-fighters will be horizontal according to the chart annexed to this letter. Thus scheduled caste ex-servicemen would be adjusted against the 4% seats earmarked for them in the chart and to that extent they will be counted towards reservation for scheduled castes as well as ex-servicemen. Similar criteria will apply to scheduled caste sportsmen and backward class ex-servicemen.

3. Government have also decided that the reservation for scheduled castes and backward classes will take precedence over the horizontal reservation for ex-servicemen, sportsmen, physically handicapped and freedom fighters. Thus, for example, in the event of non-availablity of the required number of scheduled caste ex-servicemen, the vacancies earmarked for this category would in the first instance go to scheduled castes and in case no scheduled castes are available these will be given to the general category ex-servicemen. The principle of carrying forward of reservation of vacancy will also apply with necessary alteration in detail.

Yours faithfully, Sd/- (S.C. AGRAWAL) Secretary to Govt. Punjab, Department of Welfare of SCs & BCs. 77

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries for information and necessary action.

Sd/- Secretary Welfare.

All the Financial Commissioners, Principal Secretariers and Administrative Secretaries.

ID No. 7/1/90-RCI/11375 Dated the 30th Dec. 1996.

______

No. 1/50/96-RCI/796

GOVT. OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated, Cahndigarh the 28th August, 1997

All the Heads of Departments, Commissioners of Divisions & Deputy Commissioners of all Districts in the State, Registrar, Punjab & Haryana High Court & Sub Divisional Officers (Civil in the State)

Subject:-- Judgements of Hon'ble Supreme Court in the case of Ajit Singh Janjua and others Vs. State of Punjab and Jagdish Lal and others Vs. State of Haryana dated 7-5-1997-clarification from the Hon'ble Supreme Court thereof.

Sir/Madam,

I am directed to refer to this department letter No. 13/3/96-RCI/460-61 dated 26th May, 1997 on the subject noted above and to state that the same issue has again come up before the Hon'ble Supreme Court of India in the case of Jagdish Lal and others Vs. State of Haryana and others in which the Hon'ble Supreme Court has made some observations on 7-5-1997 which are somewhat contrary to the same made in Ajit Siingh Janjua's case on 1-3-1996. Hence the State Government has decided to seek clarification on certain issues involved in these two judgements. Further it has been decided that no promotion and no reverstion shall be made to avoid hardship to the employees of different categories till such time the Supreme Court clarifies the issues.

2. Some Writ Petitions are pending in the High court and other Courts on this issue. They are advised to draft the reply of the Writ Petition concerning their departments in the light of these instructions.

This letter may kindly be acknowledged.

Yours faithfully, Sd/- (HARSIMART) Secretary to Govt. Punjab Department of Welfare.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab with reference to this Department U.O. letter No. 13/3/96-RCI/461 dated 26th May, 1997 for information and necessary action.

Sd/- Secretary to the Govt. of Punjab, Department of Welfare.

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab.

U.O. No.1/50/96-RC I/797 Dated, Chandigarh 28-8-1997

______

No.-1/64/92-RCI/993

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners and Registrar, Punjab and Haryana High Court, Chandigarh.

Dated, Chandigarh 13th Nov., 1997.

Subject:- Reservation for the members of Scheduled Castes in promotion.

Sir/Madam,

The undersigned is directed to invite attention to the State Govt. letter No.-1/64/92- RCI/4227-33, dated 3rd June, 1993 and 1/54/92-RCI/4234-40 Dated 3rd June, 1993 on the subject noted above and to say that the Supreme Court had, in the Indira Sawhney case, permitted the reservation, for the Scheduled Castes and the Scheduled Tribes in promotion, to be continued for a period of five years from 16-11-1992.

2. Consequent to the Judgement in Indira Sawhney's case the Constitution was amended by the Constitution (Seventy-Seventh Amendment) Act, 1995 and Article 16(4A) was incorporated in the Constitution. This Article enables the State to provide for reservation, in matters of promotion, in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the state are not adequately represented in the services under the state.

3. In pursuance of Article 16(4A), it has been decided to extend benefit of reservation in promotion only for Scheduled Castes beyond 15-11-1997 on the existing pattern in force in the State i. e. 20% reservation in promotion in Class-III & Class-IV services and 14% reservation in promotion to Class-I and Class-II services. However, in compliance with the Constitutional provision and the pattern followed by Central Government, this reservation will continue till the representation of Scheduled Castes reaches the prescribed percentage of reservation and thereafter the reservation in promotion shall continue to maintain their representation to the extent of prescribed percentage.

Yours faithfully Sd/- (Satwant Reddy) Secretary to the Govt. of Punjab.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. Punjab for information & necessary action.

Sd/- Secretary to the Govt. of Punjab.

All Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab.

I..D. No.-1/64/92-RCI/994 Dated, Chandigarh, 13th Nov, 1997.

______

83 Bz L 7$1$90 -o; 1$640

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/

oki d/ ;w{j ftGkrK d/ w[Zyh, vth}BK d/ efwFBoK ns/ f}fbnK d/ fvgNh efwFBo, ofi;Noko, gzikp ns/ jfonkDk jkJhe'oN, ;w{j f}fbQnK d/ ;?FB iZi ns/ ;w{j ¢g wzvb nc;o .

fwsh L uzvhrVQ L 17-9-98 ftFk L-- d{i/ gSVhnK F/DhnK efwFB (wzvb efwFB) dhnK f;cko;K nB[;ko gSVhnK F/DhnK dh fo}ot/FB ftZu tkXk eoB pko/ .

;qhwkB ih,

¢go'es ftF/ s/ ;oeko d/ gZL BzL 7$1$90-o;1$11374 fwsh L 30-12-96 tZb fXnkB d/D dh y/ub ehsh ikt/ . ;oeko d/ fXnkB ftu fbnKdk frnk j? fe eJh ftGkrK, p'ovK, ekog'o/FBK nkfd tb'I gSVhnK ;/qDhnK bJh f;ZXh Gosh ftu fo}ot/FB 5 s' tZXk e/ 12 eoB ;pzXh ikoh jdkfJsK ~ bkr{ BjhI ehsk frnk ns/ gSVhnK ;q/DhnK ~ B"eohnK # ftu f;ZXh Gosh# ;w/A gfjbK dh soak 5 fo}ot/FB jh fdZsh ik ojh j? . ¢BQK ~ d[pkok jdkfJs ehsh iKdh j? fe ;oeko dhnK jtkb/ nXhB# gZso okjhI ikoh ehshnK jdkfJsK ~ fJzB-fpzB bkr{ ehsk ikt/ .

ftFtk;gkso ;jh/$- (joihs fJzdo f;zx ro/tkb) tXhe GbkJh ;eZso .

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;jh$- (joihs fJzdo f;zx ro/tkb) tXhe ;eZso, GbkJh .

;/tk fty/,

oki d/ ;w{Hj ftZsh efwFBo}, gqw[Zy ;eZso ns/ ftGkrK d/ gqpzXeh ;eZso . nzL ftL gZL BzL 7$1$90-o;1$641 fwsh, uzvhrVQ L 17-9-98

------

No. 15/7/92-4DW/2555

GOVERNMENT OF PUNJAB DEPARTMENT OF DEFENCE SERVICES WELFARE (DEFENCE WELFARE BRANCH)

Dated, Chandigarh, the 20 Nov. 1998

All the Heads of Departments, Registrar, Punjab & Haryana High Court, Commissioners of Divisions, Deputy Commissioners, District and Sessions Judges and Sub Divisional Officers (C) in the State of Punjab.

Subject:-- Procedure/Criteria for issuing Dependent Certificates to the wards of the Ex-servicemen.

Sir/Madam,

I am directed to refer to the Punjab Government Memo No. 15/7/92-4DW/743, dated 30- 3-98, on the subject noted above and to say that the matter regarding grant of Dependent Certificates to the wards of Ex-servicemen has been reconsidered further and it has been decided that the wives, sons/daughters (married/un-married/widowed/divorced) may be treated to have been including in the "Definition" of the "Dependent" of the re-employed or un-employed Ex- Servicemen for the purpose of issuing Dependent Certificates. In the event of death of any Ex- servicemen, his sons/daughters/ widow may be treated to have been included in the category of "Dependent" for the said purpose.

2. Necessary amendment to the relevant rules shall be carried out in due course.

3. These instructions may please be brought to the notice of all the concerned under your administrative control for strict compliance.

Yours faithfully Sd/- Under Secretary.

Endorsement No. 15/7/92-4DW/2556 Dated, Chandigarh, the 20-11-98

A copy is forwarded to the secretary, Punjab Public Service Commission, Patiala for information and necessary action. Sd/- Under Secretary 86

Endst. No. 15/7/92-4DW/2557 Dated, Chandigarh. the 20-11-98

A copy each is forwarded to all the District Sainik Welfare Officers for information and necessary action.

Sd/- Under Secretary

A copy each is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab, for information and necessary action.

Sd/- Under Secretary

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab, Chandigarh.

I.D. No. 15/7/92-4DW/2558 Dated, Chandigarh, the 20-11-1998

______

87 BzL 1$41$96 -o;1$8 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

fwsh, uzvhrVQ L 6-1-1999

;/tk fty/

oki d/ ;w{j f}fbQnK d/ fvgNh efwFBo} . fwsh L uzvhrVQ ftFkL- gSVhnK ;/qDhnK d/ ¢whdtkoK ~ gSVh iksh ;pzXh ;oNhfce/N ikoh eoB ;w/I r?o }o{oh d/oh Bk eoB pko/ .

FqhwkB ih,

;oeko d/ gZso BzL 1$41$96-o;1$11061-J/ fwsh 5-12-1996 tZb fXnkB d/D dh y/ub ehsh ikt/ . ;oeko d/ fXnkB ftu fbnKdk frnk j? fe gSVhnK ;q/DhnK d/ :'r ¢whdtkoK ~ ;oNhfce/N ikoh BjhI ehs/ ik oj/ . fJ; bJh p/Bsh ehsh iKdh j? fe nkg d/ nXhB ;oNhfce/N ikoh eoB bJh ;woZE nfXekohnK ~ jdkfJsK ikoh eoe/ fJ; rZb ~ :ehBh pDk¢ID dh y/ub ehsh ikt/ fe gSVhnK ;q/DhnK d/ :'r ¢whdtkoK ~ gSVh ;q/Dh ;pzXh ;oNhfce/N ¢BQK tZb'I gj[zu eoB d/ ;w/A s'I fJe wjhB/ d/ nzdo nzdo ikoh ehs/ ikD .

ftFtk;gkso ;jh$- tXhe ;eZso GbkJh .

BzL 1$41$96-o;1$9 fwsh L 6-1-1999

fJZe Beb vkfJo?eNo nB[;{fus ikshnK ns/ gSVhnK ;q/DhnK gzikp ~ ;{uBK ns/ :'r ekotkJh bJh G/ih iKdh j? .

;jh$- tXhe ;eZso GbkJh .

------88

No. 1/50/96-RCI/147

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated Chandigarh, the 17-2-99

All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners of All Districts in the State, Registrar, Punjab and Haryana High Court, and All the Sub Divisional Magistrates in the State.

Subject :- Clarification regarding the implementation of the Judgement in Ajit Singh Janjua's case-ban on promotions thereof.

Sir/Madam

I am directed to refer to this department letter No. 1/50/96-RCI/796-97, dated 28-8-97 on the subject noted above and to state that the I. As No. 1-3 in C.A. No. 3792-94 1989, i.e. the Clarification Application filed by the State of Punjab regarding the implementation of Ajit Singh Janjua case came up for hearing alongwith S.L.P. No. 18028-18029, i.e. the S.L.P. filed against the order of Division Bench of the Punjab and Haryana High Court in Gurcharan Kaur Vs. State of Punjab and others C.W.P. No. 10756/97, before a Division Bench of the Hon'ble Supreme Court on 18-1-1999. It has been directed by Hon'ble Supreme Court that it would be appropriate that till the matters are resolved by the Constitution Bench, the State shall not make any promotions on the basis of the judgements that is to say Ajit Singh Janjua and others vs. State of Punjab-J.T. 1996 (2) S.C. 727, Jagdish Lal vs. State of Haryana, J.T. 1997 (5) SC 387, which are subject matter of consideration by the Constitution Bench. You are requested to implement these orders of the Apex Court.

Yours faithfully, Sd/- (Satwant Reddy) Principal Secretary to Govt. Punjab Department of Welfare.

______

89 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

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whw' BzL 4$17$99-o;1$521

fwsh L uzvhrVQ 24 wJh, 1999 ftFkL- nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK bJh fo}ot nk;kwhnK ~ r?o nB[;{fus ikshnK$r?o gZSVhnK Fq/DhnK Bkb ;pzXs ftneshnK okjhI GoB s'a gfjbK vh- fo}ot eotk¢D pko/ .

;oeko tb'I nkgD/ rFsh gZso BzL 1146-UH n?;H vhH (vpb:{)-2-70$13370, fwsh 28 wJh, 1970 okjhI jdkfJsK ehshnK rJhnK ;B fe i/eo nB[;{fus ikshnK iK gZSVhnK Fq/DhnK bJh okythnK nk;kwhnK bJh fJBQK ikshnK$Fq/DhnK d/ :'r ftnesh ¢gbGd Bk j'D sK fJBQK nk;kwhnK ~ r?o-nB[;{fus ikshnK d/ ftneshnK okjhI GoB s'I gfjbK GbkJh ftGkr, gzikp (fo}ot/FB ;?b) s'I fJBQK okythnK nk;kwhnK ~ vh-fo}ot eok¢Dk }o{oh j? . gozs{ ;oeko d/ fXnkB ftZu nkfJnk j? fe eJh ftGkrK tb'I fJBQK jdkfJsK dh gkbDk BjhI ehsh iKdh . fJ; bJh d[pkok p/Bsh ehsh iKdh j? fe jtkb/ nXhB jdkfJsK dh fJzB fpzB gkbDk eofdnK gZd ¢Bsh$f;ZXh Gosh eod/ ;w/I fo}ot g[nkfJzN nkw Fq/Dh d/ eowukoh okjhI GoB s'I gfjbK ;eZso, gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) s'I fJsok}jhDsk ;oNhfce/N ns/ f;ZXh Gosh ;w/I fo}ot nk;kwh nkw Fq/Dh d/ ftnesh okjhI GoB s'I gfjbK vkfJo?eNo, nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK GbkJh ftGkr (;g?Fb o'}rko ;?b) s'I Bk ¢gbGdsk ;oNhfce/N }o{oh gqkgs ehs/ ikD . fJj ;gFN ehsk iKdk j? fe fe;/ th e/; ftZu GbkJh ftGkr tb'I vh-fo}ot/FB pko/ ekoipkd gqtkBrh BjhI fdZsh ikt/rh .

;jh$- ftF/F ;eZso GbkJh .

fJ; dk ¢skok ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ ;w{j ;eZso gzikp ;oeko ~ ;{uBk ns/ b'VhIdh ekotkJh bJh G/fink iKdk j? .

;jh$- ftF/F ;eZso GbkJh .

;/tk fty/,

oki d/ ;w{j ftZsh efwFBo, gqw[Zy ;eZso, ns/ ;eZso gzikp ;oeko . nzL ftH gZH BzL 4$17$99-o;1$522 fwsh L uzvhrVQ 24 wJh, 1999

------

BzL 1$41$96-o;1$560 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

1H ¢g e[bgsh ns/ ofi;Noko, gzikph :{Bhtof;Nh, gfNnkbk . 2H ¢g e[bgsh ns/ ofi;Noko, r[o{ BkBe d/t :{Bhtof;Nh, nzfwqs;o . 3H ¢g e[bgsh ns/ ofi;Noko, y/shpkVh :{Bhtof;Nh, b[fXnkDk . 4H ¢g e[bgsh ns/ ofi;Noko, N?eBheb :{Bhtof;Nh, ibzXo . 5H ¢g e[bgsh ns/ ofi;Noko, pkpk cohd :{Bhtof;Nh nkc j?bE ;kfJz;}, cohde'N . 6H ¢g e[bgsh ns/ ofi;Noko, gzikp :{Bhtof;Nh, uzvhrVQ .

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Fqh wkB ih,

w?~ jdkfJs j'Jh j? fe w?I nkg dk fXnkB ;oeko tb'I gZso BzL 1$41$96 nkoH;hH1$11061- J/-11062-ph, fwsh 5-12-1996 (ekgh BZEh j?) okjhI ikoh ehshnK jdkfJsK tZb fdtktK . ¢es gZso okjhI ¢BQK ;woZE nfXekohnK dh ;{uh ikoh ehsh rJh ;h i' nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK ;pzXh ;oNhfce/N ikoh eoB d/ ;woZE jB . fJ; gZso Bkb nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK ;pzXh ;oNhfce/N ikoh eoB bJh tZy tZy fBFfus gqckow/ th ikoh ehs/ rJ/ ;B .

2H ;oeko d/ fXnkB ftu fbnKdk frnk j? fe eJh tkoh tZy tZy :{Bhtof;NhnK ¢whdtkoK gk;'I jtkb/ nXhB gZso okjhI ikoh ehs/ fBFfus gqckow/ dh pikJ/ j'o gqckofwnK ftZu ;oNhfce/NK dh wzr eodhnK jB . fJ;/ soQK n?;HvhH n?w}H tb' ikoh ehs/$¢fus mfjokJ/ ;oNhfce/NK ~ th BjhI wzfBnk iKdk . fJ; soQK Bkb nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK Bkb ;pzXs ¢whdtkoK ~ pVh 92 gq/FkBh dk ;kjwDk eoBk g?Idk j? . fJ; bJh ¢BQK ~ d[pkok p/Bsh ehsh iKdh j? fe ;oeko tb'I jtkb/ nXhB gZso okjhI ikoh ehshnK jdkfJsK dh fJzB fpzB gkbDk ehsh ikt/ ns/ n?;HvhHn?wH d[nkok ikoh ehs/ $¢fus mfjokJ/ ;oNhfce/NK ~ gqtkB ehsk ikt/ .

ftFtk;gkso ;jh$- (;odkoh bkb) nXhB ;eZso GbkJh .

fJ; dk ¢skok j/m fbfynK ~ fJ; ftGkr d/ nzH ftH gZH BzL 1$41$96-o;$11062 ph, fwsh 5-12-96 d/ jtkb/ ftu ;{uBk ns/ :'r ekotkJh bJh G/fink iKdk j? L--

(1) ;eZso, gzikp ;oeko (¢u/oh f;fynk), uzvhrVQ . (2) ;eZso, gzikp ;oeko, seBheh f;fynk, uzvhrVQ . (3) ;eZso, gzikp ;oeko, y'i ns/ vkeNoh f;fynk, uzvhrVQ . (4) ftZsh efwFBo ns/ ;eZso, gzikp ;oeko, y/shpkVh ftGkr, uzvhrVQ .

;jh$- (;odkoh bkb) nXhB ;eZso GbkJh . nzH ftH gZH BzL 1$41$96-o; 1$561 fwsh L uzvhrVQ 31 wJh, 1999 fgZm nzeD BzL 1$41$96-o;1$562 fwsh L uzvhrVQ 31 wJh, 1999

fJ; dk fJe ¢skok j/m fbfynK ~ ;oeko d/ gZso BzL 1$41$96-nkoH;hH 11$11061-J/, fwsh 5-12-96 d/ jtkb/ ftu ;{uBk ns/ :'r ekotkJh bJh G/fink iKdk j? L-

(1) ;w{j f}fbnK d/ fvgNh efwFBo} . (2) ;w{j ¢g wzvb nc;o (f;tb) n?;HvhH n?w}H .

;jh$- (;odkoh bkb) nXhB ;eZso GbkJh .

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No. 1/3/95-3PP-II/7332

GOVERNMENT OF PUNJAB DEPARTMENT OF PERSONNEL (Personnel Policies II Branch)

Dated, Chandigarh the 14th June, 1999

All the Heads of the Departments, Commissioners of Divisions, Deputy Commissioners, Registrar, Punjab and Haryana High Court, District and Session Judges and Sub Divisional Magistrates (Civil) in the State of Punjab.

Sub:- Issuance of Certificates for the purpose of seeking admission to various educational/technical/professional institutions in the State and also for employment.

Sir,

It has been brought to the notice of Government that educational authorities and institutions prescribe various certificates regarding residence, SC/BC category and backward area etc. to be furnished by the students/candidates with the application forms for entrance examinations or employment in the formats and by the authorities different from those prescribed by the Government departments. Cases have also been reported where the authorities concerned insist on retaining original certificates and refuse to accept the attested photo copies of the certificates. All this results in harassment and panic among the students/candidates and their parents/guardian, since they have to apply with such certificates to more than one authorities simultaneously and within a limited period. The lists of certificates required at the time of applying for CET/JET/PMET and PAU are enclosed by way of illustration.

2. In order to overcome the difficulty mentioned above, it has been decided by the Government that the following procedure shall be followed meticulously by all the educational and other authorities concerned:--

(1) Certificates issued in the format and by the authorities prescribed by Government Departments shall be accepted as valid by all educational institutions and other authorities;

(2) Where a number of authorities have been authorised to issue the certificates there shall be no insistance on issue of a certificate by any particular authority or by the highest authority indicated in the format ;

(3) (a) In case of entrance examinations, no certificate should be called for in the first instance alongwith the application form. It will be sufficient for the candidate seeking admission or other facility to indicate in the application form whether he/she belongs to any particular category entitling him/her to certain concessions or facility. Requisite certificates may be obtained only from the selected/wait listed candidates ;

(b) To further simplify the procedure attested copies of the certificates only shall be retained and original certificates if required to be produced at the time of interview shall be returned immediately, thereafter ;

(4) Parents/guardian or candidates can also obtain SC certificates from the Head of the institution where the candidate has studied if the proof is available in the school records ;

(5) The persons who are employed in Government of India or any other State Government are to be treated at par with the employees of the Government of Punjab in the matters of issue of Scheduled Caste Certificate provided relevant Scheduled Caste certificate exists in their service record. The Scheduled Caste Certificate in such cases will be issued by the respective Heads of Departments in the proforma below :--

Certificate to be issued by the Respective Head of the Department.

Certified that Shri______S/o Sh.______father/mother of Miss/Mr.______is an employee______of (State Govt. Institutions/Undertakings) the Government of Punjab and is working as ______. He is posted at Chandigarh/Punjab in connection with the Affairs of the Punjab Government for a period of past three years.

(6) In case of freedom fighters, political sufferers, terrorists/riot victims and migrants where the registers are maintained by D.C. office, the certificate may be issued by Deputy Commissioner/ GA to D.C./A.D.C.

These instructions shall come into force with immediate effect and shall be effective even where admission prospects have already been printed following earlier instructions but entrance examination is yet to be held or deadline for submission of forms is not yet over.

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

The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (Megh Raj) Joint Secretary Personnel.

A copy for information and necessary action is forwarded to all the Financial Commissioners, Principal Secretaries and Secretaries to Government of Punjab. They are requested to bring these instructions to the notice of all officers, corporations and Universities/Boards, Autonomours Bodies, and Institutions under their Administrative control for compliance.

Sd/- Joint Secretary Personnel.

All the Financial Commissioners, Principal Secretaries & Secretaries to the Government of Punjab.

I.D. No. 1/3/95-3PP 2 Dated the 14th June, 1999

Endst. No. 1/3/95-3PP 2/7333 Dated the 14th June, 1999

A copy is forwarded to the following for information and necessary action :--

1. Vice Chancellor and Registrar, Punjab University, Chandigarh. 2. Vice Chancellor and Registrar, Punjabi University, Patiala. 3. Vice Chancellor and Registrar, Guru Nanak Dev University, Amritsar. 4. Vice Chancellor and Registrar, Punjab Agricultural University, Ludhiana. 5. Vice Chancellor and Registrar, Technical University, Jalandhar and 6. Vice Chancellor and Registrar, Baba Farid University of Health Sciences, Faridkot.

Sd/- Joint Secretary Personnel.

Endst. No. 1/3/95-3PP 2/7334 Dated the 14th June, 1999

A copy is forwarded to the Director, Information and Public Relations, Punjab, Chandigarh with the request that the policy of the Government may kindly be given wide publicity.

Sd/- Joint Secretary Personnel.

______

CET-1999

PUNJAB TECHNICAL UNIVERSITY, JALANDHAR ______

Sr. No. Nature of Certificate required Authority competent to grant as per ------Prospectus Govt. Instructions ------1. Residence Certificate D.C./GA toDC, ADC(R), ADC(D), SDO(C), EM, DORG, Tehsildar.

2. Backward Class. SDO(C), EM, Tehsil- dar, Naib Tehsildar BDPO, DRO.

3. Backward Area D.C., GA to DC, SDM/SDO(C).

4. Border Area D.C./GA to DC, SDM/SDO (C).

5. Terrorist affected SDO (C) concerned.

6. SC/ST All Gazetted Officers of the State Govt.

7. Political Sufferers/Freedom D.C. Fighters ______

JET-1999 THE PUNJAB STATE BOARD OF TECHNICAL EDUCATION AND INDUSTRIAL TRAINING, CHANDIGARH. ______Sr. No. Nature of Certificate required Authority competent to grant as per ______Prospectus Govt. instructions ______1. Dependents of Freedom Fighter District Magistrate

2. Children/grand children of D.C. Political sufferers.

3. S.C./Tribe D.M./S.D.M.

4. Backward Area of Punjab D.M./S.D.M.

5. Border Area of Punjab D.M./S.D.O.(C)

6. B.C. S.D.O. (C)/E.M./ Tehsildar/N.T./ B.D.O./D.R.O.

7. Police Personnel/Para-military D.C./Head of personnel/Civilian Govt. employees concerned Deptt. of Punjab killed in Terrorist action

8. Dependents of Terrorist Victim D. C. ______

PMT-1999 GURU NANAK DEV. UNIVERSITY, AMRITSAR ______Sr. No. Nature of certificate required Authority competent to grant as per ______Prospectus Govt. Instructions ______1. S.C./S.T. Distt./Tehsil Welfare officer and counter- signed by DC/GA to DC

2. B.C. ` SDO (C), EM/Tehsildar, Naib Tehsildar, BDPO, DRO

3. Backward Area DC/GA to DC, or SDO (C)

4. Border Area DC/GA to DC, SDO (C) and another from the Headmaster/Principal of the School/College.

5. Children/grand-children of D. C. political sufferer.

6. Children/Widows of Punjab D.C. Police, PAP and Punjab Home Guard personnel killed or disabled to the extent of 50% in action.

7. Terrorist (November, 1984 D.C. Riots) affected.

8. Residence Certificate DC/GA to DC, ADC (R) ADC (D) SDO (C) EM/DORG, Tehsildar. ______

PROSPECTUS, 1999-2000

PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA ______

Sr. No. Nature of certificate required. Authority competent to grant as per ______Prospectus Govt. Instructions ______

1. Domicile DC/ADC or ADC(D), SDO (C), GA to DC, EM, Tehsildar.

2. All other certificates As prescribed by the Govt. of Punjab. ______

100 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ;/tk fty/, 1H oki d/ ;w{j ftGkrK d/ w[Zyh . 2H oki d/ ;w{j wzvbK d/ efwFBo} . 3H ofi;Noko, gzikp s/ jfonkDk jkJh e'oN . 4H oki d/ ;w{j f}fbnK d/ fvgNh efwFBo . 5H oki d/ ;w{j f}bk ;?FB iZi . 6H oki d/ ;w{j ¢g wzvb nc;o/n?;HvhHn?w} .

whw' BzL 4$24$99-o;1$855 fwsh L uzvhrVQ 10 nr;s, 1999 ftFkL- nB[;{fus ikshnK$nB[;{fus ephfbnK ns/ gZSVhnK Fq/DhnK dh oki dh ;/tktK ftZu gqshfBXsk o?r{bo ns/ E'V/ ;w/AI dhnK (FkoN Now) nk;kwhnK GoB bJh tZyo/ tZyo/ o';No ofi;No brk¢D pko/ .

;oeko tb'I gZso BzL 3568-n?;H vpb¢-1-75$31610, fwsh 5 d;zpo, 1975 okjhI jdkfJsK ikoh ehshnK rJhnK ;B fe ;ko/ ftGkrK tb'I fBoXkos gqckofwnK ftZu d' soQK d/ fo}ot/FB o';No ofi;No fJe o?r{bo nk;kwhnK bJh s/ d{ik E'V/ ;w/AI dhnK (FkoN Now) nk;kwhnK bJh brkJ/ ikD . ;oeko d/ fXnkB ftu nkfJnk j? fe e[M fJe ftGkrK tb'I fJBQK ofi;NoK ~ mhe soQK w/BN/B (maintain) BjhI ehsk ik fojk . fJ; bJh ;ko/ ftGkrK ~ d[pkok jdkfJs ehsh iKdh j? fe ;oeko dhnK ¢es jdkfJsK dh fJzB fpzB gkbDk ehsh ikt/ . ;jh$- ¢g ;eZso GbkJh .

fJ; dk ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ ;eZsoK, gzikp ;oeko ~ fJ; ftGkr d/ gZso BzL 3568-n?;H vpb¢-1$31610, fwsh 5-12-1975 d/ jtkb/ ftu ;{uBk ns/ b'VhIdh ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh ;/tk fty/, oki d/ ;w{j ftZsh efwFBo}, gqw[Zy ;eZso ns/ ;eZso gzikp ;oeko . nzH ftH gZH BzL 4$24$99-o;1$856 fwsh L uzvhrVQ 10 nr;s, 1999

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101

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

vkfJo?eNo, seBheh f;fynk ns/ ¢d:'fre f;ybkJh ftGkr, gzikp, uzvhrVQ .

whw' BzL 7$22$99-o;1$903 fwsh L uzvhrVQ 30 nr;s, 1999 ftFk L-- nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK bJh oki d/ fJziBhfozr, w?vheb ns/ j'o seBheh ;z;EktK ftu dkyb/ ;pzXh .

¢go'es ftF/ s/ nkg d/ rH ;H gZH Bz L 43$JhH;hH;hH99$ezBveN, fwsh 28-7-99 d/ jtkb/ ftu .

fJ; ;pzX ftu fJj ;gZFN ehsk iKdk j? fe gzikp ;oeko d/ nB[;{fus ikshnK$gZSVhnK Fq/DhnK Bkb ;pzXs i' eowukoh uzvhrVQ fty/ skfJBks jB ns/ ¢j nkgD/ pZfunK ~ gzikp oki d/ fJziBhfozr, w?vheb ns/ j'o seBheh ;z;EktK ftu dkyb eok¢D bJh fo}ot/FB dk bkG b?Dk ukj[zd/ jB ~ fJj ;oNhfce/N d/Dk pDdk j? fe ¢BQK dh iksh gzikp ;oeko d[nkok nB[;{fus iksh$gZSVh Fq/Dh x'fFs ehsh j'Jh j? ns/ ¢whdtko gzikp oki dk n;b pfFzdk j? Gkt T[j fe;/ pkjob/ oki s'I nk e/ tf;nk j'fJnk BjhII j? . ¢BK d/ jZe ftu nfijk ;oNhfce/N Gkt/I gzikp oki dh pikJ/ :{H NhH gqFkFB tb'I ikoh ehsk frnk j't/ th wzBDk :'r j? .

;jh$- ¢g ;eZso GbkJh .

fJ; dk ¢skok j/m fbfynK ~ ;{uBk ns/ :'r ekotkJh bJh G/fink iKdk j? L

1H ;eZso, gzikp ;oeko, seBheh f;fynk ns/ ¢d:'fre f;ybkJh ftGkr . 2H ;eZso, gzikp ;oeko, y'i s/ w?vheb f;fynk ftGkr . 102

3H ;eZso, gzikp ;oeko, ¢u/oh f;fynk s/ GkFk ftGkr . 4H ;eZso gzikp ;oeko, f;fynk ftGkr (;e{b}) .

;jh$- ¢g ;eZso GbkJh .

;/tk fty/,

1H ;eZso gzikp ;oeko, seBheh f;fynk ns/ ¢d:'fre f;ybkJh ftGkr .

2H ;eZso, gzikp ;oeko, y'i ns/ w?vheb f;fynk ftGkr .

3H ;eZso, gzikp ;oeko, ¢u/oh f;fynk s/ GkFk ftGkr .

4H ;eZso, gzikp ;oeko, f;fynk ftGkr (;e{b}) . nzH ftH gZH Bz L 7$22$99-o;1$904 fwsh L uzvhrVQ 30 nr;s, 1999

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103

GOVERNMENT OF PUNJAB DEPARTMENT OF PERSONNEL (Personnel Policies I Branch)

All the Financial Commissioners, Principal Secretaries and Secretaries to Government, Punjab and Heads of Departments, Commissioners of Divisions, Deputy Commissioners of all Districts in the State, Registrar, Punjab and Haryana High Court and Sub-Divisional Magistrates in the State.

No. 3/34/99/3PPI/12565 Dated Chandigarh the 22th October, 1999.

Sub:-- Implementation of Ajit Singh Janjua Judgement-I.A No. 1-3 in C.W.P. Nos. 3792-3794.

Sir,

I am directed to refer on the subject noted above and to state that Hon'ble Court has given clarification vide their judgement dated 16-9-1999 known as Ajit Singh-II (copy enclosed). While considering the matter, the Hon'ble Court has categorised various levels of promotion as level 1,2,3,4 etc. For the sake of implementing this Judgement, the following guidelines may please be kept in view:--

(i) It is not permissible to delink the seniority Rule from the recruitment Rule based on equal opportunity and apply it to promotions made on the basis of the roster wherein Roster point promotees promotions are made outside the equal opportunity principle : cannot claim seniority on the (Para 49 of Ajit Singh-II). The roster point promotees basis of date of continuous (reserved category) cannot count their seniority in the officiation promoted category from the date of their continuous offciation in the promoted post, vis-à-vis the general candidates who were senior to them in the lower category and who were later promoted. On the other hand, the senior general candidate at the lower level, if he reached the promotion level later but before the further promotion of the reserved candidate. He will have to be treated as senior, at the promotional level to the reserved candidate even if the reserved candidate was earlier promoted to that level (Para 76 of Ajit Singh-II). The Court in Jagdish Lal arrived at an incorrect conclusion because of applying the rule of continuous officiation which was not intended to apply to the reserved candidates promoted at roster points. Therefore, it was held that Jagdish Lal was not correctly decided. (Para 56 of Ajit Singh-II) and Ajit Singh-I, Virpal and Sabharwal were upheld. 104

(ii) If reserved category candidate is otherwise eligible (after correct application of roster) and posts are available for promotion to the next higher level, they cannot be denied Further promotion of roster point right to be considered for promotion to the higher level promotees cannot be delayed to merely because erstwhile seniors at the entry level have not enable general category reached the lower level 3 (Para 51 of Ajit Singh-II). The candidates to reach that level. relevant date for deciding the eligibility for consideration should be date on which vacancy occurs.

(iii) (a) If any senior general candidate at level 2 (Assistant) reaches Level 3 (Superintendent Grade-II) before the reserved candidate (roster point promotee) at Level 3 goes further up to Level 4 in that case the seniority at Level 3 Seniorities to be re-determined within has to be modified by placing such a general candidate the same levels only. above the roster promotee, reflecting their inter-se seniority at Level 2. Further promotion to Level 4 must be on the basis of such a modified seniority at Level 3, namely that the senior general candidate of Level 2 will remain senior also at Level 3 to the reserved candidate, even if the latterhad reached Level 3 earlier and remained there when the senior general candidate reached that Level 3. (Para 80 of Ajit Singh -II)

(b) One of the objections raised before us and which appealed to the full Bench in Jaswant Singh's case was that this 'catch up' principle would lead to frequent alteration of the No difficulty in amending seniority lists seniority list at Level 3. We do not find any difficulty in this behalf. The seniority list at Level 3 would have only to be merely amended whenever the senior general candidate reaches Level 3.

(iv) Any promotions made wrongly in excess of quota are to be treated as adhoc. Those persons promoted in excess of quota before 10.2.1995 will not be reverted but such promotees Where promotions made wrongly prior to 10.2.95 in excess of quota no cannot claim seniority. Seniority in the promotional cadre of reversions to be made, but seniorty to such excess promotees shall have to be refixed after be re-determined. Such promotees 10.2.1995 and will count only from the date on which they "cannot plead for grant of additional would have otherwise got normal promotion in any future benefit of seniority flowing from wrong application of the roster." vacancy arising in a post previously occupied by a reserved Seniority is to be re-determind candidate (Para 88 of Ajit Singh-II). Seniority conferred on according to correct application of roster promotees due to application of Punjab Government roster. Promotions made due to wrong circular No. 7191-OSD(W)-69/18194 dated 19.7.1969 held application of roster till 10.2.95 are protected from reversions. However, invalid-the said circular is hereby withdrawn and seniority to seniority is to be re-fixed. be re-determined by not treating roster point as seniority point. (Para 42 of Ajit Singh-II)

105

(v) Where, before 1.3.1996 i.e. the date of Ajit Singh's (I) judgement at the Level 3, there were reserved candidates who Review of promotions reached there earlier and also senior general candidates who wrongly made prior to reached there later (but before the reserved candidate was 1.3.1996 in certain situations promoted to Level 4) and inspite of the fact that senior no reversions to be made but general candidates had to be treated as senior at Level 3(in seniorities to be re- determined. Seniority of view of Ajit Singh), the reserved candidate is further roster promotees conferred promoted to Level 4 without considering the fact that the due to application of circular senior general candidate was also available at Level 3 then dated 1969 held invalid. after 1.3.1996, it becomes necessary to review the promotion of the reserved candidate to Level 4 and reconsider the same (without causing reversion to reserved candidate who reached Level 4 before 1.3.1996). As and when the senior general candidate is later promoted to Level 4, the seniority at Level 4 has also to be re-fixed on the basis of when the reserved candidate at Level 3 would have got his normal promotion treating him as junior to the senior general candidate at Level 3 (Para 91 of Ajit Singh-II). As the circular No. 7191- OSD(W)69/18194 dated 19.7.1969 is withdrawn, seniority to be re-determined by not treating roster point as seniority point.

2. Instructions regarding cases of persons reverted on implementation by Ajit Singh Janjua-I will be issued subsequently.

3. Upon the re-fixation of seniority, the persons now becoming senior to those wrongly promoted earlier will be entitled to pay fixation equivalent to that of the wrongfully promoted juniors. However, they will be entitled only to pay fixation and drawal of revised pay prospectively and not entitled to any arrears.

4. All policy instructions issued here-to-fore which are in contravention of the law laid down by the Hon'ble Supreme Court in Ajit Singh Janjua and Ajit Singh-II, shall be deemed to have been withdrawn/modified to that extent. Specifically, instructions issued by the Department of Welfare vide circular letter No. 1/50/96-RCI/796, dated the 28th August, 1997 putting a ban on promotions will stand superceded. The above guidelines may be brought to the notice of all concerned for meticulous compliance. These instructions are being issued in consultation with the Department of Welfare.

Yours faithfully, Sd/- (Megh Raj) Joint Secretary Personnel.

______

106 Bz L 15$13$99 -o;1$1134 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) fwsh L uzvhrVQ 2 d;zpo, 1999

;/tk fty/, oki d/ ;w{j f}bQk fvgNh efwFBo} ns/ ;p vth}Bb w?fi;No/N; . ftFk L-- d{i/ okiK s'I wkJhr/qN (migrate) j' e/ nkJ/ ¢whdtkoK ~ iksh ;oNhfce/N ikoh eoB pko/ .

Fqh wkB ih,

;oeko d/ fXnkB ftu nkfJnk j? fe ;oeko d/ gZso BzL 1$52$95-o;1$713, fwsh 17-1-96 ikoh j'D fgS'I tZy tZy f}bQk gq;kFBK tb'I d{i/ okiK s'I gzikp oki ftZu wkJhr/qN (migrate) j' e/ nkJ/ nB[;{fus ikshnK d/ ftneshnK ~ iksh ;oNhfce/N ikoh eoB/ pzd eo fdZs/ rJ/ jB . gqzs{ ¢go'es gZso okjhI ikoh ehshnK jdkfJsK dk Gkt fJj BjhI j? fe d{i/ okiK s'I wkJhr/qN j' e/ nkJ/ nB[;{fus ikshnK d/ ftneshnK ~ iksh ;oNhfce/N ikoh Bk ehs/ ikD . fJ; bJh ¢BQK ~ Gkos ;oeko d/ gZso BzL phH ;hH 16014$1$82-n?wH ;hH n?Iv phH ;hH vhH 1, fwsh 6 nr;s, 1984 fi; ftZu nB[;{fus iksh$nB[;{fus ephfbnK d/ ;oNhfce/N ikoh eoB dhnK jdkfJsK ns/ iksh ;oNhfce/N ckow dk ;'fXnk Bw{Bk Fkwb j?, dh ekgh G/i e/ p/Bsh ehsh iKdh j? fe fJBQK jdkfJsK dh fJzB fpzB gkbDk ehsh ikt/ .

ftFtk;gkso ;jh$- ¢g ;eZso GbkJh .

BzL 15$13$99-o;1$1135 fwsh L uzvhrVQ 2 d;zpo, 1999

fJe Beb vkfJo?eNo, nB[;{fus ikshnK ns/ gZSVhnK F/qDhnK, gzikp ~ ;{uBk fjZs G/ih iKdh j? . ;jh$- ¢g ;eZso GbkJh .

------107

Copy of letter No. BC-16014/1/82-SC & BCD-I dated 6-8-1984 from Sh. B.K. Sarkar, Joint Secretary to the Government of India, Ministry of Home Affairs addressed to the Chief Secretaries of All State Governments and U.T. Administrations.

Subject:-Verification of claim of candidates belonging to Scheduled Castes and Scheduled Tribes and migrants from other States/Union Territories-Form of certificate- Amendment to.

I am directed to refer to this Ministry's letter of even number dated the 18th November, 1982 and the Department of Personnel, Administrative Reforms letter No. 36012/6/76-Est. (SCT), dated the 29th October, 1977 on the above subject and to say that the form of the Scheduled Castes/Scheduled Tribes certificates enclosed with the aforesaid letters has been further revised consequent upon coming in to force of the Scheduled Castes and Scheduled Tribes orders (Amendment) Act, 1976 and keeping in view the difficulty being experienced by the persons belonging to the 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 form of certificate, is enclosed herewith. It is requested that a copy of the revised form of certificate may please be brought to the notice of all the competent authorities who have been empowered to issue such certificates. The list of competent authorities who have been empowered to issue the Scheduled Caste/Scheduled Tribe certificates circulated by the Department of Personnel and Administrative Reforms in their letter No. 13/2/74-ESt. (SCT), dated 5th August, 1975 has also been incorporated in the enclosed revised form.

2. The instructions issued in this Ministry letter of even number dated the 18th November, 1982 will continue. It is, however, clarified that the Scheduled Caste/Scheduled Tribe person on migration from the State of his origin to another State will not lose his status as Scheduled Caste/Scheduled Tribes but he will be entitled 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. All competent Authorities may be advised under intimation to this Ministry to issue the Scheduled Caste/Scheduled Tribe certificates on the revised form of certificate henceforth after satisfying themselves of correctness of the certificate after proper verification based on the revenue record through reliable enquiries. The list of the competent authorities empowered and incorporated in the form may please be followed stricitly. No other authority may be authorised to issue the Scheduled Caste/Scheduled Tribes certificates.

@ The Constitution (Goa, Daman & Diu) Scheduled Castes Order, 1968 @ The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968. @ The Constitution (Nagaland) Scheduled Tribes Order, 1970. @ The Constitution (Sikkim) Scheduled Castes Order, 1978. @ The Constitution (Sikkim) Scheduled Tribes, Order, 1978.

2. Applicable in the case of Scheduled Castes/Scheduled Tribes persons who have migrated from the State/Union Territory Administration. 108

The certificate is issued on the basis of the Scheduled Caste/Scheduled Tribe certificate issued to Shri/Shrimati______father/mother of Shri/Shrimati/Kumari______of Village/Town______in District/Division______of the State/Union Territory______who belongs to the ______Caste/Tribe which is recognised as a Scheduled Caste/Scheduled Tribe______in the State/Union Territory______issued by the ______(Name of prescribed authority),vide their No. ______Dated______

3. 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 ______Dated ______

@ Please delete the words which are not applicable. @ Please quote specific Presidential order. @ Delete the Paragraph which is not applicable.

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.

** List of authorities empowered to issue Scheduled Caste/Scheduled Tribe Certificates:-

1. District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendary Magistrate/City Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.

** (not below the rank of Ist Class Stipendary Magistrate).

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3. Revenue Officers not below the rank of Tehsildar.

4. Sub Divisional Officer of the Area where the candidate and/or his (family normally resides.)

5. Administrator/Secy. to Administrator/Development Officer (Lakshadweep Islands).

______109

No. 10/1/96-2SCW-I/81

Government of Punjab Department of Welfare (Special Cell Welfare-I)

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners, Registrar, Punjab & Haryana High Court, All District & Sessions Judges and Sub- Divisional Officers (C) in the State.

Dated, Chandigarh the, 27-1-2000

Subject :-Issuance of Caste Certificate to Vimukat Jatis-Writing of word 'Vimukat Jatis' therewith.

Sir,

I am directed to refer to Punjab Govt. Circular letter No. 10/1/96-2SCWI/7143, dated 6-9-1996 on the subject noted above and to say that vide letter under reference it was stated that the competent caste certificate issuing authorities while indicating Scheduled Caste in the certificate, a word 'Vimukat Jatis' may be written in brackets to the members belonging to the Vimukat Jatis. A list of Vimukat Jatis was to be enclosed with this letter, but inadvertantly a list of Vimukat Jatis included in the Scheduled Castes list of punjab State was enclosed with this letter.

2. It has now come to the notice of the Govt. that some competent authorities are issuing Scheduled Castes certificate on the basis of this list to the Vimukat Jatis. It is clarified that such certificate may be issued only to those Scheduled Castes Communities which have been declared as Scheduled Castes under the Constitution Scheduled Caste order 1950. A list of these castes is enclosed.

3. A list of Vimukat Jatis in the State of Punjab is also enclosed.

4. The certificate, already issued on the basis of list enclosed with this Department instructions dated 6-9-1996 to Vimukat Jatis which have not been declared as Scheduled Caste be not treated valid for the purpose of benefits under Scheduled Castes category.

The receipt of this communication may please be acknowledged.

Your's faithfully Sd/- Deputy Secretary Welfare. 110

Endst. No. 10/1/96-2SCWI/82 Dated: Chandigarh, 27-1-2000

A copy is forwarded to the Director, Welfare of Scheduled Castes and Backward Classes, Punjab, Sector-34, Chandigarh for information and necessary action.

Sd/- Deputy Secretary Welfare.

______

111

LIST OF VIMUKAT JATIS IN PUNJAB STATE

1. Bhangali 2. Barar 3. Bauri 4. Nat 5. Gandhila 6. Bazigar 7. Sansi (including the following sub-castes) 1. Kuch Band 2. Bhedkut 3. Manesh 4. Gadria 5. Bachhbans 6. Kopet 7. Aheria 8. Tittlu 9. Bheria 10. Bhantu 11. Arhar 12. Bhattu 13. Chattu 14. Habura 15. Kikan 16. Harrar 17. Kohla 18. Behlowala 19. Biddu 20. Langeh 21. Singiwala 22. Kanjar 23. Mirshkari 24. Blagiarmaur 25. Kingicut 26. Dhe 27. Kalkinar 28. Chaddi or Chadi 29. Birtwal 30. Binaria 31. Pakhalwara 32. Baddon 33. Haria

------

112 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ftFk L-- ;zgoe nc;o (Liaison Officer) Bkw}d$fB:[es eoB pko/ .

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2H ;oeko d/ fXnkB ftZu nkfJnk j? fe tZy-2 ftGkrK tb'I ;zgoe nc;oK (Liaison Officer) dh fB:[esh Bk ehsh j'D eoe/ ¢BQK ftZu okytKeoB ;pzXh w[FebK g/F nk¢IdhnK jB . ;oeko tb'I nkgD/ gZso BzL 4101-n?;H vpb:{-11-74$14741, fwsh 12 nr;s, 1974 (ekgh BZEh j?) okjhI jdkfJsK ikoh ehshnK rJhnK ;B fe jo gqFk;eh ftGkr ftZu fJZe ;zgoe nfXekoh Liaison Officer Bkw}d ehsk ikt/ i' ¢; ftGkr ftZu oki ;oeko dh fo}ot/FB gkb;h dh ;ysh Bkb gkbDk ~ :ehBh pDkJ/ . gozs{ pj[s/ ftGkrK tb'I fJBQK jdkfJsK s/ nwb BjhI ehsk ik fojk . ¢BQK ~ d[pkok p/Bsh ehsh iKdh j? fe ¢j ;oeko dhnK ¢es jdkfJsK dh fJzB-fpzB gkbDk ~ :ehBh pBk¢D sK i' oki dh okytKeoB Bhsh ~ ;[uko{ Yzr Bkb bkr{ ehsk ik ;e/ .

;jh$- ¢g ;eZso GbkJh . ;/tk fty/,

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fJ; dk ¢skok ;fj gZso ;w/s j/m fbfynK ~ ;{uBk ns/ :'r ekotkJh bJh G/fink iKdk j? L-

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;jh$- ¢g ;eZso GbkJh . ------113

APPENDIX 30

Copy of letter No. 4101-SW-II-74/14741, dated 12th August, 1974 from Secretary to Government of Punjab, Welfare of Scheduled Castes/Backward Classes Deptt. to All Heads of Departments, Commissioners of the Divisions, Deputy Commissioners, Distt. Sessions Judges, Registrar Punjab/Haryana High Court and Sub-Divisional Officers (Civil) in the State etc.

Subject :-Appointment of Liaison Officers.

I am directed to refer to the subject cited above and to say that Government have decided that there should be Liaison Officers in each Administrative Department for ensuring effective implementation of the reservation policy of the State Government.

2. I am, therefore, desired to request you to nominate an officer not below the rank of Deputy Secretary to Government ,Punjab, in your Department to function as Liaison Officer who will be responsible for--

(i) ensuring due compliance by the subordinate appointing authourities with the orders and instructions pertaining to the reservation of vacancies in favour of Scheduled Castes, Scheduled Tribes and Backward Classes and other benifits admissible to them;

(ii) ensuring submission, scrutiny and consolidation of annual returns relating to representations of Scheduled Castes and Backward Classes;

(iii) Specially watching the cases of suppression in promotions of Scheduled Castes and Backward Classes ;

(iv) ensuring the extension of necessary assistance to the Secretary to Goverment,Punjab,Department of Welfare of Scheduled Castes and Backward Classes, in the investigation of complaints received by that department in regard to service matters;

(v) conducting annual inspection of the rosters maintained by various authorities with a view to ensuring proper implementation of reservation order; and

(vi) acting as a liaison officer between his department and the department of Welfare of Scheduled Castes and Backward Classes for supply of other information answering questions and queries and clearing doubts in regard to matters covered by the reservation orders.

3. The name, designation and telephone No. of the officer nominated may please be sent to the undersigned immediately.

4. The receipt of this letter may kindly be acknowledged.

------114

No. 1/8/99-RCI/335

Government of Punjab Department of welfare (Reservation Cell)

Dated:Chandigarh the 8th May,2000

1. All the Heads of Departments in the state.

2. Commissioners of Divisions.

3. Dy. Commissioners of all Districts.

4. Sub-Divisional Magistrates of all sub Divisions in the State.

5. Registrar Punjab & Haryana High Court.

Subject:-Socio-Economic Criteria for identification of socially advanced persons(Creamy Layer) from the other Backward Classes in the State of Punjab for their exclusion from the benefit of reservations meant for these classes in the state services/posts- revision thereof.

Sir,

I am directed to invite a reference to Punjab Government letter No.1/41/93- RCI/459,dated 17th Jan,1994 on the subject cited above vide which it was provided that only those persons/ sections belonging to the castes notified by the Punjab Govt. as backward from time to time who are socially advanced(Creamy Layer) as enumerated in column 3 of the Schedule to this letter would be excluded from the benefit of reservation meant for these classes in the services/posts of the state Govt. The persons/sections falling in column No. 3 of the schedule to the letter under reference are not entitled to any such benefits and reservation does not apply to them . You are again requested to make compliance of the above quoted instructions strictly.

Yours faithfully Sd/- Deputy Secretary Welfare.

115

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab with the request that the instructions issued vide this deptt., letter No. 1/41/93-RCI/459, dated 17th Jan, 1994 be complied with strictly.

Sd/- Deputy Secretary Welfare.

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab.

I.D. No. 1/8/99-RCI/336 Dated : Chandigarh, 8th May, 2000.

______

116

gzikp ;oeko gq;'Bb ftGkr (ghH ghH- Fkyk) III

fwsh, uzvhrVQ 1-8-2000

;/tk fty/,

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;jh$- tXhe ;eZso gq;'Bb .

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;/tk fty/

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118

BzL 1$3$95-3ghHghH 11$10377 gzikp ;oeko gq;'Bb ftGkr (gq;'Bb gkfb;h Fkyk-2)

fwsh, uzvhrVQ 18-8-2000

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2. (4) "Parents/guardian or candidates can also obtain Scheduled Caste Certificate for the purpose of seeking admission as per proforma given below from the Head of Institution where the candidate has studied if the proof i. e. an attested copy of Scheduled Caste Certificate issued by a competent authority in favour of the candidate or the father of the candidate is available in the school records.

CERTIFICATE TO BE ISSUED BY THE RESPECTIVE HEADS OF THE INSTITUTIONS/SCHOOLS IN FAVOUR OF CANDIDATES SEEKING ADMISSIONS.

It is certified that Shri/Shrimati/Kumari______son/daughter of Shri______of village/town______District/ Division______State of Punjab belongs to ______caste which has been recongnised as Scheduled Caste as per "The Constitution (Scheduled Castes) Order, 1950."

2. It is further certified that entry to this effect exists in the school record and a copy of Scheduled Caste Certificate issued by a competent Authority in favour of the candidate or the father of candidate is also available in the school record. 119

3. Shri/Shrimati/Kumari______and his/her family lives in village/town______District/Division______of the Punjab State.

Signature Place______Designation Date______Seal of Institution

2.5(i) If parents/guardians are employed with Punjab Govt. they can obtain S.C. Certificate from the Head of the Deptt. or the Head of office in the proforma given below provided relevant S.C. certificate exists in their service record.

2.5(ii) If the residents of Punjab who are employed in Govt. of India or any other State Govt., the S.C. certificate in such cases will also be issued by the respective H.O.D. or Head of office in the proforma given below provided S.C. certificate exists in their service record:--

CERTIFICATE TO BE ISSUED BY THE RESPECTIVE HEADS OF THE DEPARTMENTS OR HEAD OF OFFICE

2. It is further certified that entry to this effect exists in the service record of Shri______father of ______who is employed in ______department of Punjab/ Govt. of India.

3. Shri/Shrimati/Kumari______and his/her family lives in village/town______District/Division______of the Punjab State.

Signature Place______Designation Date______Seal of Office

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;/tk fty/

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fJ; dk fJZe ¢skok j/m fbfynK ~ b'VhIdh ekotkJh fjZs G/fink iKdk j? L--

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;/tk fty/

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------

122

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;/tk fty/

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whw' BzL 1$29$2000-o;1$665

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;jh$- ¢g ;eZso GbkJh .

123

;/tk fty/

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124

APPENDIX 8

Copy of letter No. 24-4WGI-66/3772, dated the 16th February, 1966 from the Secretary to Government, Punjab, Scheduled Castes and Backward Classes Departments to all Heads of Departments, Commissioners of Divisions, Deputy Commissioners, District and Sessions Judges, in the State, Registrar, Punjab and Haryana High Court and Sub-Divisional Officers (Civil) and copies to all Financial Commissioners and Administrative Secretaries, etc.

Sub:-- Representation of the members of Scheduled Castes/Tribes and other Backward Classes in the State Service-Application of the reservation orders in filling up temporary and short term vacancies.

I am directed to say that the intake of the persons belonging to Scheduled Castes/ Tribes and Backward Classes in various services of the state is not adequate and in most cases they fall short of the vacancies reserved for them. Government had nowhere laid down that the reservation orders would not apply to temporary and short term vacancies. Despite this fact some of the Departments are ignoring members of such Castes/Tribes/Classes in filling up such posts. Consequently there is a pressing demand from various quarters and this calls for grievance from Scheduled Castes, etc. not to exclude such posts out of consideration against the spirit of reservation orders.

2. So far as promotions are concerned it was specifically stated in sub-para (d) of para 2 of P.G circular letter No. 10181-4-W.G.-I-63/795, dated 14th January, 1964, that the reservation is to apply even in the case of short term leave vacancies provided it is not likely to involve unnecessary dislocation of work and avoidable expenditure and inconvenience due to mid-year transfer etc. As the objective of removing the inadequacy of the representation of the members of Scheduled Castes/Tribes and other Backward Classes, is the same both in promotions and initial recruitment, the instructions in regard to reservation in services in recruitment equally apply as well by analogy and there appears to be no reason as to why these may be disregarded in this connection.

3. It is, therefore, emphasized upon all concerned that due representation as per prescribed percentages of 20 percent Scheduled Castes/Tribes and 2 percent for the other Backward Classes may please be made in all temporary and short term vacancies. Government will take a serious view in all cases of reported breach of reservation orders in filling up such vacancies by any Department/Office in future.

4. The receipt of this communication may please be acknowledged.

______

125 BzL 4$2$2001-3ghHghH1$3318 gzikp ;oeko gq;'Bb ftGkr (gq;'Bb gkfb;h} Fkyk-1)

fwsh, uzvhrVQ 15 wkou, 2001

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FqhwkB$Fqhwsh ih,

T[go'es ftF/ #s/ w?~ nkg ih dk fXnkB fJ; ftGkr d/ rFsh gZso BzL 3$47$97- 3ghHghH 1$21654, fwsh 28 Btzpo, 1997 tZb fdtk¢D dh jdkfJs j'Jh j? fi; ftu ;gFN ehsk frnk ;h fe id'I sZe nihs f;zx izi{nk ns/ irdhF bkb d/ e/;K ftu wkB:'r ;[gohw e'oN gk;'I wzfrnk frnk ;gZFNheoB gqkgs BjhI j' iKdk, ;hBhnkosk$gksosk d/ nkXko s/ ¢BQK nfXekohnK$ eowukohnK ~ ¢u/ohnK nk;kwhnK dk eozN fvT{Nh ukoi ¢; ;w/I sZe jh ukb{ ofynk ikt/ id'I sZe wkB:'r ;[gohw e'oN tb'I b'VhIdk ;gZFNheoB gqkgs BjhI j' iKdk ns/ GbkJh ftGkr tb'I soZehnK s/ brkJh rJh o'e ~ jNkfJnk BjhI iKdk .

2H wkB:'r ;[gohw e'oN B/ iZiw?IN fwsh 16-9-1999 okjhI b'VhIdk ;gZFNheoB d/ fdZsk j? ns/ ¢; d/ nkXko #s/ fJ; ftGkr d/ rFsh gZL BzL 3$34$99-3ghH ghH 1$12565, fwsh 22-10-1999 okjhI b'VhIdhnK jdkfJsK ikoh eo fdZshnK ;B ns/ fJBQK jdkfJsK okjhI GbkJh ftGkr tb'I nkgD/ rFsh gZso BzL 1$50$96-nkoH ;hH 1$796, fwsh 28 nr;s, 1997 okjhI ikoh ehshnK rJhnK jdkfJsK dk nfXbzxD (Supersession) eo fdZsk frnk ;h . fJ; ftGkr d/ rFsh gZso BzL 4$56$93-3ghH ghH 1$19095, fwsh 6 nes{po, 1993 okjhI eozN fvT{Nh ukoi d/D dh gqEk ~ gfjbK jh pzd ehsk j'fJnk j? . fJj t/yD ftu nkfJnk j? fe eJh ftGkrK tb'I ni/ th nfXekohnK$eowukohnK ~ ¢u/ohnK nk;kwhnK dk eozN fvT{Nh ukoi fdZsk ik fojk j? fijVk fe ;oeko dh Bhsh d/ fto[ZX j? .

3H fJ; bJh p/Bsh j? fe fe;/ nfXekoh$eowukoh ~ T[u/oh nk;kwh dk eozN fvT{Nh ukoi Bk fdZsk ikt/ ns/ fJ; dh pikJ/ ;oekoh ezw ~ p/-o'e ns/ S/sh fBgNko/ bJh ykbh EktK s/ soZeh d/ e/;K ~ ;/tk fB:wK nB[;ko ;w/I s'I gfjbK fBgNk¢D bJh :sB ehs/ ikD . i/eo fe;/ e/; ftu 126 eozN fvT{Nh ukoi d/D dh b'V j't/ sK ¢; jkbs ftu e/; gqpzXeh ftGkr okjhI fJ; ftGkr dh g{ot gqtkBrh bJh G/fink ikt/ .

4H fJBQK jdkfJsK dh fJzB-fpzB gkbDk ehsh ikt/ .

ftFtk;gkso ;jh$- (nkoH n?bH wfjsk) tXhe ;eZso gq;'Bb .

fJ; dk fJZe ¢skok gzikp ;oeko d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBK ns/ b'VhIdh ekotkJh bJh G/fink iKdk j? .

;jh$- tXhe ;eZso gq;'Bb .

;/tk fty/

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fJ; dk fJZe T[skok gzikp f;tb ;eZso/s d/ ;w{j ;[govzNK ns/ wzsoh ;kfjpkBK d/ ;eZso$ fBZih ;eZsoK ~ ;{uBK fjZs G/fink iKdk j? .

;jh$- tXhe ;eZso gq;'Bb .

;/tk fty/

gzikp f;tb ;eZso/s d/ ;w{j ;[govzN ns/ wzsoh ;kfjpkB d/ ;eZso$ fBZih ;eZso . nzL ftH gZH BzL 4$2$2001-3ghH ghH 1$3320 fwsh, uzvhrVQ 15 wkou, 2001

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No. 1/5/2001 RCI/205

Government of Punjab Department of Welfare (Reservation Cell)

1. All Heads of Departments. 2. Commissioners of Divisions 3. Deputy Commissioners of all Districts 4. District and Session Judges 5. Registrar, Punjab & Haryana High Court and 6. All the Sub-Divisional Magistrates in the States

Dated : Chandigarh the 29th March, 2001

Subject:-- Regarding reservation for Members of Scheduled Castes & Backward Classes in a cadre of less than 5 posts.

I am directed to refer to the subject noted above and to state that it has been brought to the notice of the Government that after Ajit Singh Janjua Judgement it has become general view of many departments that no post is required to be given to the reserve category candidate in a Cadre of less than 5 posts. After careful consideration of the matter it has been decided to make it clear that the instructions on this subject issued vide Govt. letter No. 6872 WG-66/24917, dated 23rd August, 1966 and letter No. 3378-SW (ASO) 67/22108, dated 5-8-1967 are still in force so long as these are modified, these should continue to be followed by all Heads of Departments.

Yours faithfully Deputy Secretary Welfare.

______

128 BzL 1$8$2001 -o;1$247

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

oki d/ ;w{j f}fbQnK d/ fvgNh efwFBo} . fwsh L uzvhrVQ 12 ngo?b, 2001 ftFk L-- fgzvK ns/ FfjoK ftZu e?Ig brk e/ nB[;{fus ikshnK d/ ¢gG'rsktK d/ ;oNhfce/N pBk¢D pko/ .

FqhwkB$Fqhwsh ih,

w?~ jdkfJs j'Jh j? fe w?I nkg dk fXnkB f;zukJh ns/ fpibh ftGkr d/ nzH ftH gZH BzL 11$458$97-U ; 5$ gkoN ckJhb$6476, fwsh 30-3-2001 (ekgh BZEh j?) tZb fdtkT[IIdk j'fJnk nkg ~ p/Bsh eoK fe fgzvK ns/ FfjoK ftZu e?Ig brk e/ nB[;{fus ikshnK Bkb ;pzfXs rohp b'eK d/ iksh ;oNhfce/N 15 fdBK d/ nzdo nzdo pDkJ/ ikD ~ :ehBh pDkfJnk ikt/ sK i' T[j gzikp oki fpibh p'ov tb'I 50 :{fBNK dh fpibh dh w[nkch dk bkG gqkgs eo ;eD . fJ; dh gkbDk fog'oN ;oeko ~ G/ih ikt/ .

;jh$- (nikfJp f;zx y/Vk) nXhB ;eZso GbkJh .

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;jh$- (nikfJp f;zx y/Vk) nXhB ;eZso GbkJh .

129

;/tk fty/,

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BzL 1$8$2001-o; 1$249 fwsh L uzvhrV 12 ngo?b, 2001

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;jh$- (nikfJp f;zx y/Vk) nXhB ;eZso GbkJh .

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130

gzikp ;oeko f;zukJh s/ fpibh ftGkr, (T{oik Fkyk) ftFk L-- gzikp oki ftu nB[;{fus ikshnK ~ gzikp oki fpibh p'ov tb'I 50 :{fBNK dh fpibh dh w[nkch dk bkG jk;b eoB ftZu w[FfebK dk ;kjwDk eoB pko/ .

;eZso, GbkJh ftGkr, gzikp ;oeko ¢go'es ftF/ tZb fXnkB d/D dh y/ub eoBr/ .

2H wkB:'r w[Zy wzsoh , gzikp ih d/ ftXkB ;Gk ;?FB d"okB fwsh 15-3-2001 ~ e[M n?wH n?b J/} ;fjpkB tb'I fXnkB ftu fbnKdk frnk j? fe ;oeko d[nkok nB[;{fus ikshnK ~ gzikp oki fpibh p'ov d[nkok fdZsh j'Jh 50 :{fBNK dh fpibh dh w[nkch dk bkG jk;b eoB ftZu pj[s fdZesK dk ;kjwDk eoBk g?Idk j?, fe¢I i' fgzvK ftu t;d/ rohp b'eK ~ nkgD/ nB[;{fus ikshnK d/ ;oNhfce/N pDk¢D ftZu pj[s efmBkJhnK g/F nk¢IdhnK jB . fJ; ;oNhfce/N ~ ikoh eoB bJh sfj;hbK d/ ekch r/V/ wkoB/ g?Id/ jB . ¢BQK tb'I wzr ehsh rJh fe nB[;{fus ikshnK d/ ¢gG'rsktK ~ ;oeko d[nkok n?bkBh fpibh w[nkch dh ;ehw dk bkG b?D bJh ftXh ~ ;ob pDkfJnk ikt/ .

3 wkB:'r w[Zy wzsoh ih tb'I ukfjnk frnk fe fgzvK ns/ FfjoK ftZu e?Ig brk e/ nB[;{fus ikshnK d/ ¢gG'rsktK d/ ;oNhfce/N pDk¢D dk ezw 15 fdBK d/ nzdo-nzdo w[ezwb eoB dh y/ub eoB .

;jh$- nXhB ;eZso GbkJh .

;/tk fty/,

;eZso, gzikp ;oeko, GbkJh ftGkr, gzikp . nzL ftL gZL BzL 11$458$97-T; 5$gkoN ckJhb$6476 fwsh L 30-3-2001 fgZm nzeD BzL 11$458$97-T; 5$gkoN ckJhb$ fwsh L

131

fJ; dk fJZe ¢skok u/now?B gzikp oki fpibh p'ov, gfNnkbk ~ G/id/ j'J/ p/Bsh ehsh iKdh j? fe nB[;{fus ikshnK d/ ¢gG'rsktK d/ fpibh d/ fpb d/D ;w/I w[nkc ehs/ :{fBNK d/ t/ot/ fpb ftu doi eoe/ G/fink eoB .

;jh$- nXhB ;eZso GbkJh . ekgh L ;eZso$w[Zy wzsoh, ;eZso/s, gzikp .

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132

BzL 1$41$96-o;1$370 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ;/tk fty/

oki d/ ;w{j f}fbQnK d/ fvgNh efwFBo} . fwsh L uzvhrVQ 25 ngo?b, 2001 ftFk L-- nB[;{fus ikshnK Bkb ;pzfXs ftneshnK bJh iksh ;oNhfce/N ikoh eoB dh gqfefonk ~ ;ob pBk¢D pko/ .

;qhwkB$;qhwsh ih,

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;jh$- nXhB ;eZso GbkJh .

133

fJ; dk ¢skok ;eZso, gzikp ;oeko, ;e{b f;fynk ftGkr ~ ;{uBK fjZs G/fink iKdk j? .

;jh$- nXhB ;eZso GbkJh . ;/tk fty/ ;eZso, gzikp ;oeko, ;e{b f;fynk ftGkr gzikp, uzvhrVQ . nzH ftH gZH BzL 1$41$96-o;1$371 fwsh L uzvhrVQ 25 ngo?b, 2001

BzL 1$41$96-o;1$372 fwsh L uzvhrVQ 25 ngo?b, 2001

fJ; dk ¢skok j/m fbfynk ~ ;{uBK ns/ :'r ekotkJh bJh G/fink iKdk j? L-- (1) vhH ghH nkJhH ;e{b}, gzikp, uzvhrVQ . (2) oki d/ ;w{j n?;H vhH n?w} .

;jh$- nXhB ;eZso GbkJh .

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134

TO BE PUBLISHED IN PUNJAB GOVERNMENT GAZETTEE (ORDINARY) Government of Punjab Department of Welfare (Special Cell Welfare-I) CORRIGENDUM

No. 8/76/95-2SCWI/530 Dated, Chandigarh, the 15-5-2001

In partial modification of notification dated 2nd May, 1997 issued vide No. 8/76/95-2SCWI/484, dated 2nd May, 1997, the words Soni/Rajputs appearing in the said notification may be read as Soni Rajputs.

Sd/- (Satwant Reddy) Dated, Chandigarh, the Principal Secretary Welfare.

No. 8/76/95-2SCWI/531 Dated 15-5-2001

A copy is forwarded the Controller, Printing and Stationery Punjab, Chandigarh with the request that the above said Corrigendum may please be got published in the next issue of the Punjab Govt. Gazettee and supply 50 copies there of to this Department for official use.

Sd/- Under Secretary Welfare.

No. 8/76/95-2SCWI/532 Dated, 15-5-2001

A copy is forwarded to the following for information and necessary action:--

1. All Heads of Departments in the State. 2. All Commissioners of Divisions, All Deputy Commissioners in the State. 3. Registrar, Punjab and Haryana High Court, Chandigarh. 4. All Distt. & Sessions Judges and all Sub Divisional Officers (C) in the State. 5. Member Secretary, the Punjab State Backward Classes Commission, 548, Sector-33-B, Chandigarh.

Sd/- Under Secretary Welfare.

A copy is forwarded to the Superintendent, Reservation Cell for information and necessary action.

Sd/- Under Secretary Welfare. 135

To The Superintendent, (Reservation Cell)

I. D. No. 8/76/95-2SCWI/533 Dated : 15-5-2001

A copy is forwarded to the Deputy Secretary to the General Administration (Cabinet Affairs Br.) for information .

Sd/- Under Secretary Welfare. To The Deputy Secretary, Deptt. Of General Administration, (Cabinet Affairs Br. )

I. D. No. 8/76/95-2SCWI/534 Dated 15-5-2001

______

136

No. 1/26/2000-RCI/441

Government of Punjab Department of Welfare (Reservation Cell)

Dated, Chandigarh, the 8.6.2000

1. All the Heads of Departments of the State. 2. Commissioners of all divisions of the State. 3. Deputy Commissioners of all the District of the State. 4. Registrar Punjab & Haryana High Court. 5. Sub-Divisional Officers/SDMs of all Sub-Divisions in the State.

Subject:-Implementation of Ajit Singh Janjua Judgement IA No. 1-3 in CWP No 3702-3794.

Sir,

I am directed to refer to the subject noted above and to say that on some points clarification was sought by the Department of Health & Family Welfare for the implementation of roster system being applied for implementing the reservation policy for Scheduled Castes and for proper implementation of Ajit Singh Janjua judgement. The Clarification/Guidelines given to the Health & Family Welfare Department are circulated as under to all the Departments of Punjab Government for uniform compliance thereof:-

I) ROSTER SHOULD APPLY TO POSTS AND NOT TO VACANCIES

This Department's instructions No.3/8/95-RC3/5454,dated 8.7.96 clearly stated "Therefore when there is a vacancy:the same shall be filled up from amongest the category to which the post belonged in the roster. This will mean that a post vacated by a reserve category official will be filled from amongest the reserve category candidates and a post vacated by a general category candidate should be filled from the person belonging to general category".

This letter is based on R.K. Sabharwal judgement of Hon'ble Supreme Court.

II) THE NUMBER OF POINTS IN THE ROSTER SHALL EQUAL THE NUMBER OF POSTS IN A CADRE:

In -big cadres the position should be as such but in small cadres if it is of 3 posts only and the roster is stopped at point no. 3 and on applying R.K.Sabharwal Judgement, the reserve point 137 will always go to Scheduled Castes which will lead to 33% reservation. The effect of the roster is to give adequate representation to Scheduled Castes and not to deny the general category its right. There is always a separate roster for promotion and direct posts and our instructions are clear on this subject( Letter No.24-4-WC-1-66/3772, dated 16th February,1966) Even in R.K. Sabharwal, the word used is the operation of the roster stops on achieving the prescribed percentage,the members of reserve categories will not be denied promotion on the basis of seniority-cum-merit. The roster will restart, the moment the percentage of a particular reserve category fell below the prescribed limit. As such, the roster continues to operate as per R.K.Sabharwal judgement.

III) Short term roster is to be maintained as instructions dated 4. 4. 1984 because we have to provide adequate representation to the reserve category as laid down in Ajit Singh-II judgement. If reservation is not allowed in deputation or transfers, it will be a way to deny the affect of reservation to the reserve category.

IV) RUNNING ROSTER TO BE STOPPED AND FRACTIONS TO BE DROPPED AS IT WILL LEAD TO EXCESS OF QUOTA

As per this Department's instructions dated 4.10.1967 the calculation is not to be made in mathematical manner, but the overall percentage is to be taken into account. The reservation can be counted on each and every vacancy. it is the overall roster that will indicate the reservation. If the roster is properly applied there will be no chance of the reservation increasing in any category .The issue is whether we continue with our roster system or adopt the Government of India. Roster is the subject matter of the State Govt. In Ajit Singh-II, Supreme Court Judgement,it has been made clear that reservation policy is the right of the State and the court has not interfered in it. The above clarification also settles the Issue No.V. To make this issue crystal clear,it is indicated that the reservation is to be taken into account or the basis of roster points arising in the total number of cadre posts. There should be no mathematical calculation to work out the percentage of reservation. This had been made clear in R.K.Sabharwal Judgement that first post in a cadre must go to the S.Cs and thereafter the said castes are entitled to 7th,15th and 22nd and onwards upto 94th post. Hence the present roster system should cont as to-fore.

V) RESERVATION IN EXCESS OF QUOTA TO BE REVERTED AFTER 10.2.95.

The Supreme Court in Ajit Singh-II has clearly laid down the prospectivity of R.K. Sabharwal that any promotion in excess of quota due to wrong application will be reviewed and will count only from the date on which they would have otherwise got normal promotion in any future vacancy arising on a post previously occupied by a reserved category. As regard the prospectivity of Ajit Singh, the court held, "after 1st March, 1996 it becomes necessary to review the promotion of the reserved candidate of Level 4 and reconsider the same (without causing reversion to the reserved candidates who reached level 4 before 1st March, 1996) As and when the senior reserved candidate is later promoted to level 4, the seniority at level 4 has also to be refixed on the basis of when reserved candidate at level 3 would have got his normal promotion, treating him junior to the Senior General candidate at level 3".

This settles the clarification sought on Point No. 11.

138

VI) Deem dates to be counted as experience. This issue has already been settled by the Punjab and Haryana High Court in which it has declared dates to be counted as experience for promotion.

2. It has also been decided that whenever agenda for the D.P.C. meeting is prepared for considering the promotion cases, it should include the following documents also :-

1) Roster register of the respective cadre.

2) Seniority list of the concerned cadre/cadres.

Indicating therein as to who are the candidates belonging to the scheduled caste promoted on the basis of seniority and who are the candidates promoted on the basis of reservation.

This information is required for proper implementation of Sh. R.K. Sabharwal judgement which says that scheduled caste candidates promoted on seniority are not to be counted towards reservation.

Sd/- (Ajaib singh Khera) Under Secretary Welfare.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries & Administrative Secretaries to Govt. of Punjab for information and similar necessary action.

Sd/- (Ajaib singh Khera) Under Secretary Welfare.

To All the Financial Commissioner, Principal Secretaries & Administrative Secretaries of the Govt. of Punjab.

I. D. No. 1/26/2000-RCI/462 Dated Chandigarh, the 8th June, 2001

______

139

No. 1/5/2001-RC1/450

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

1. All Heads of Departments, 2. Commissioners of Divisions, 3. Deputy Commissioners of All Districts, 4. District and Session Judges, 5. Registrar, Punjab & Haryana High Court and 6. All the Sub-Divisional Magistrates in the State.

Dated Chandigarh, the 12 June, 2001

Subject :- Regarding reservation for Members of Scheduled Castes and Backward Classes in a cadre of less then 5 posts.

Sir,

I am directed to refer to this department letter No. 1/5/2001-RC1/205,dated 29th March, 2001 on the subject noted above and to say that it has been observed by some departments that these instructions do not apply in class I and II Posts.

2. It is made clear that as per para '2' of the Ajit Singh Janjua Judgement Hon'ble Apex Court has observed as under:-

"At the outset we made it clear that in this judgement we are not concerned with the reservation policy of the State or with the validity of any procedure fixing roster points for purpose of promotion of reserved candidates. We are here dealing only with a limited question relating mainly to seniority of the reserved candidates promoted at roster points".

3. As such Apex Court has not touched the reservation policy of the State Government. It is, therefore, clarified that in a cadre of less than 5 posts, second post is to be given to the reserved category. These instructions are applicable in all class-I, II, III and IV posts.

4. These instructions may please be followed in letter and spirit. The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (Ajaib singh Khera) Under Secretary Welfare.

140

A copy is forwarded to all the Financial Commissioners, Principal Secretaries & Administrative Secretaries to Govt. of Punjab for information and necessary action.

Sd/- Under Secretary Welfare.

To All the Financial Commissioners, Principal Secretaries & Administrative Secretaries of the Govt. of Punjab.

I. D. No. 1/5/2001-RC1/451 Dated Chandigarh, the 12th June, 2001

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141

To be published in Punjab Government Gazettee (Ordinary)

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-I)

No. 8/21/99-2SCW-I/982 Dated, Chandigarh 22.8.2001

The Governor of Punjab is pleased to include the Ramgarhia, Tarkhan and Dhiman in the list of other Backward Classes in the State of Punjab irrespective of their religion for the purpose of special treatment for promotion of their economic conditions and other interests.

Sd/- (R. P. S. Pawar) Secretary to the govt. of Punjab Department of Welfare of Scheduled Castes & Backward Classes.

No. 8/21/99-2SCW-I/983 Dated 22.4.2001

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above said Notification may please be got published in the next issue of the Punjab Govt. gazettee and supply 50 copies thereof to this Department for official use.

Sd/- Under Secretary Welfare.

No. 8/21/99-2SCW-I/984-988 Dated 22.8.2001

A copy is forwarded to the following for information and necessary action :-

1) All Heads of Departments in the State. 2) All Commissioners of Divisions, All Deputy Commissioners in the State. 3) Registrar, Punjab and Haryana High Court, Chandigarh. 4) All district & Sessions Judges and All Sub-Divisional Officers in the State. 5) Members Secretary, the Punjab State Backward Classes Commission, Kothi No. 548, Sector-33-B, Chandigarh.

Sd/- Under Secretary Welfare.

142

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab for information to:-

(1) All Financial Commissioners, (2) All Principal Secretaries and (3) All Administrative Secretaries to Govt. of Punjab.

Sd/- Under Secretary Welfare.

No. 8/21/99-2SCW-I/989-991 Dated 22.8.2001

A copy is forwarded to the Superintendents Reservation Cell & Welfare Cell Non Plan for information and necessary action.

Sd/- Under Secretary Welfare.

(1) Superintendent, Reservation Cell

(2) Superintendent, Welfare cell Non Plan

I. D. No. 8/21/99-2SCW-I/992-993 Dated Chandigah, the 22.8.2001

A copy is forwarded to the Deputy Secretary, Department of General Administration Cabinet Affairs Branch with reference to their I.D. No. 1/159/2001-Cabinet/2911, dated 11.7.2001 for information.

Sd/- Under Secretary Welfare.

The Deputy Secretary, Department of General Administration, (in Cabinet Affairs Branch)

I.D.No. 8/21/99-2SCW-I/994 Dated Chandigah, the 22.8.2001

______143

No. 4/62/2001-3PPI/15012 GOVERNMENT OF PUNJAB DEPARTMENT OF PERSONNEL (PERSONNEL POLICIES BRANCH-I)

Dated, Chandigarh, the 5th October, 2001. To

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. of Punjab, Heads of Departments, Commissioners of Divisions, Deputy Commissioners of all District in the State, Registrar Punjab & Haryana High Court and Sub-Divisional Magistrates in the State.

Subject:- Implementation of Ajit Singh Janjua Judgement-I.A. No. 1-3 in Civil Appeal Nos. 3792-3794/1989.

Sir/Madam,

I am directed to invite your attention to Circular Letter No. 3/34/99-3PPI/12565, dated the 22nd October, 1999 of this department vide which instructions regarding implementation of Ajit Singh Janjua-II Judgement delivered by the Hon'ble Supreme Court on the 16th September, 1999, were issued. In para 2 of these instructions it was, inter-alia laid down that the instructions regarding cases of persons reverted on implementation of Ajit Singh Janjua-I will be issued subsequently.

2. This matter has been engaging the attention of this department for some time past. After thorough consideration of the matter, it has now been decided that the persons belonging to the reserved category who were promoted wrongly in excess of quota prior to 1.3.1996 but were reverted consequent upon the implementation of Ajit Singh Janjua-I Judgement, may be restored status quo as prevailing before 1st March, 1996 and supernumerary posts may be got created by the concerned Administrative Department from the Department of Finance to accommodate them. All such persons are to be treated as adhoc till they are adjusted on their turn for promotion. The senior general candidates will, however, keep on working against the regular posts meant for the general category, and will be promoted as per the revised seniority list.

3. These instructions may please be brought to the notice of all concerned for meticulous compliance and para 2 of the instructions dated 22.10.1999 may be read accordingly.

4. The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (Ashok Kumar Goel) Special Secretary Personnel ______144

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145

Punjab government Gazettee (ordinary) GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-I)

No. 10/10/98-2SCW1/1393 Dated Chandigarh the, 18.12.2001

In-Partial modification in the Punjab Government Gazettee notification issued vide No. 38353 dated 9/23rd Dec. 1959. The Governor of Punjab is pleased to include the word 'Sain' with 'Nai' and Nai/Sain at Serial No. 41 in the list of Backward Classes for State of Punjab.

Sd/- (SATWANT REDDY) Principal Secretary to the Government of Punjab, Departments of Welfare of Scheduled Castes & Backward Classes.

No. 10/10/98-2SCW1/1394 Dated 18.12.2001

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above said notification may please be got published in the next issue of the Punjab Government Gazettee and supply 50 copies thereof to this Department for official use.

Sd/- Under Secretary Welfare.

No. 10/10/98-2SCW1/1395-1399 Dated 18.12.2001

A copy is forwarded to the following for information and necessary action :-

1) All Heads of Departments in the State. 2) All Commissioners of Divisions, All Deputy Commissioners in the State. 3) Registrar, Punjab and Haryana High Court, Chandigarh. 4) All District & Sessions Judges and All Sub-Divisional Officers as in the State. 5) Members Secretary, the Punjab State Backward Classes Commission, Kothi No. 548, Sector-33-B, Chandigarh. Sd/- Under Secretary Welfare.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab for information to:-

(1) All the Financial Commissioners, (2) All Principal Secretaries and (3) All Administrative Secretaries of the Govt. of Punjab.

Sd/- Under Secretary Welfare. No. 10/10/98-2SCW1/1400-1402 Dated 18.12.2001 146

A copy is forwarded to the Superintendents Reservation Cell & Welfare Cell Non Plan for information and necessery action.

Sd/- Under Secretary Welfare.

(1) Superintendent, Reservation Cell

(2) Superintendent, Welfare cell Non Plan

I. D. No. 10/10/98-2SCW1/1403-1404 Dated Chandigarh the, 18.12.2001

A copy is forwarded to the Under Secretary, Department of General Administration Cabinet Affairs Branch with reference to their I.D. No. 1/246/2001-Cabinet/4932, dated 10.10.2001 for information.

Sd/- Under Secretary Welfare.

The Deputy Secretary, Department of General Administration, (in cabinet Affairs Branch)

No. 10/10/98-2SCW1/1405 Dated Chandigarh the, 18.12.2001

______

147

No. 1/3/98-RC1/948 GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated Chandigarh the, 20th Dec., 2001.

1. All Heads of Departments in the State, 2. Commissioners of Divisions, 3. Deputy Commissioners of all Districts, 4. Sub-Divisional Magistrates of all Sub-Divisions in the State, 5. Registrar, Punjab & Haryana High Court.

Subject :- Reservation for Vimukat Jatis and Bazigars.

Sir,

I am directed to invite your attention to the subject noted above and to say that Government has received many representations from organisations belonging to Vimukat Jatis/Bazigars demanding separate reservation in Govt. services. The matter has been carefully considered by Government. It has been decided that in direct recruitment to Government services, the posts left unfilled in the quotas reserved for Balmikis/Mazhbis, Scheduled Caste Ex-sevicemen and Scheduled Caste Sportsmen, will be reserved up to 2% for the Vimukat Jatis and Bazigars. If no candidate of the Vimukat Jatis/Bazigars is eligble, the said posts will then be filled by other Scheduled castes.

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

3. The receipt of this letter may please be acknowledged.

Yours faithfully Sd/- Principal Secretary Welfare.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab with request that above instructions may kindly be complied with strictly. Sd/- Principal Secretary Welfare. To

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab.

I.D. No.1/3/98-RC1/949 Dated Chandigarh the, 20th Dec., 2001 ______148

Hkkjr dk jkti=k The Gazette of India vlk/kkj.k Extraordinary Hkkx II--[k.M I Part II--Section I izf/kdkj ls izdkf'kr Published by Authority l- 61 ubZ fnYyh] 'kqØokj] tuojh 4, 2002@ikS"k 14, 1923 No. 61 New Delhi, Friday, January 4, 2002/Pausa 14, 1923

MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi, the 4th January, 2002/Pausa 14,1923 (Saka)

The following Act of Parliament received the assent of the President on the 4th January, 2002 and is published for general information :

THE CONSTITUTION (EIGITY-FIFTH AMENDMENT) ACT, 2001

[4th January, 2002]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:

1. (l) This act may be called the Constitution (Eighty-fifth Short title and Amendment Act), 2001 commencement.

(2) It shall be deemed to have come into force on the 17th day of June, 1995.

2. In article 16 of the Constitution, in clause (4A) for the Amendment of article 16. words "in matters of promotion to any class, " the words" in matters of promotion, with consequential seniority, to any class" shall be subsituted.

SUBHASH C. JAIN Secy. to the Govt. of India. 149

ANNEXURE-P8

No. 20011/1/2001-Estt.(D)

GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING

New Delhi, dated the 21st January, 2002

OFFICE MEMORANDUM

Subject :-Seniority of SC/ST Government servents on Promotion by virtue of rule of reservation/roster.

The Seniority of a person appointed to a post is determined according to the general principle 5 (i) contained in MHA OM No.9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No. 22011/7/86-Estt. (D) dated 3.7.1986 and with DOPT OM No. 20011/5/90-Estt.(D) dated 4.11.1992 (copy enclosed). Seniority of such persons is determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades is determined in the order of selection for such promotion. Thus, as per the aforementioned instructions, persons appointed through an earlier selection would enbloc be senior to those promoted through subsequent selection.

2. This position was reviewed subsequent to the judgement of the Supreme Court dated 10.10.1995 in the case of Union of India V/s. Virpal Singh Chauhan etc. (JT 1995 (7) SC. 231) and it was decided vide DOPT OM No. 20011/1/90-Estt. (D) dated 30.1.1997, to modify the then existing policy by addition of the proviso to general principle 5(i) contained in MHA (now DOPT OM No. 9/11/55-RPS dated 22.12.1959 and para 2.2 in DOPT OM No. 22011/7/86-Estt. (D) dated 3.7.1986, which stipulated that if a candidate belonging to the Scheduled Caste or the Scheduled Tribe is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/made, the general/OBC candidate will regain his seniority over such earlier promoted candidate of the Scheduled Caste and the Scheduled Tribe in the immediate higher post/grade.

3. The Government have now decided to negate the effects of the DOP&T OM dated 30th January, 1997 by amending Article 16 (4A) of the Constitution right from the date of its inclusion in the Constitution i.e. 17th June, 1995, with a view to allow the Government servants belonging to SCs/STs to retain the seniority in the case of promotion by virtue of rule of reservation. In other words, the candidates belonging to general/OBC category promoted later will be placed junior to the SC/ST Government servants promoted earlier even though by virtue of the rule of reservation.

4. Therefore, in pursuance of the aforementioned Constitution (Eighty-fifth) Amendment Act, 2001, it has been decided as follows :

(i) (a) SC/ST Government servants shall, on their promotion by virtue of rule of reservation/roster, be entitled to consequential seniority also and 150

(b) the above decision shall be effective from 17th June, 1995.

(ii) The instructions contained in DOPT O.M. No. 20011/1/96-Estt. (D) dated 30.1.1997 as well as the clarifications contained in DOPT O.M. No. 20011/2/97- Estt. (D) dated 21.3.1997 shall stand withdrawn w.e.f. 30.1.1997 itself.

(iii) Seniority of Government servants determined in the light of O.M. dated 30.1.1997 shall be revised as if that O.M. was never issued.

(iv) (a) On the basis of the revised seniorty, consequential benefits like promotion, pay, pension, etc. should be allowed to the concerned SC/ST Government servants (but without arrcars by applying principle of no work no pay).

(b) For this purpose, senior SC/ST Government Servants may be granted promotion with effect from the date of promotion of their immediate junior general/OBC Government servants.

(c) Such promotion of SC/ST Government servant may be ordered with the approval of Appointing Authority of the post to which the Government servant is to be promoted at each level after following normal procedure of DPC (including consultation with UPSC).

(v) Except seniority other consequential benefits like promotion, pay etc. (including retiral benefits in respect of those who have already retired) allowed to general/OBC Government servant by virtue of implementation of O.M. dated 30.1.1997 and/or in pursuance of the directions of CAT/Court should be protected as personal to them.

5. All Ministries/Departments are requested to bring the above decisions to the notice of all concerned for guidance and compliance. Necessary action to implement the decisions contained in para 4 (iii) above may be completed within three months from the date of issue of these instructions and necessary action to implement the decision at para (iv) above may be completed within 6 months from the date of issue of these instructions.

6. Hindi version will follow:

Sd/- (Alok Saxena) Deputy Secretary to the Government of India.

All Ministries/Departments of the Govt. of India

Copy to :

______151 BzL 1$21$2001 -o; 1$77

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153

No. 1/5/2001-RC1/93

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

To Dated Chandigarh the, 18th Feb., 2002.

1. All the Heads of Departments, 2. Commissioners of Divisions, 3. Deputy Commissioners of all Districts, 4. District and Session Judges, 5. Registrar, Punjab & Haryana High Court and 6. All the Sub-Divisional Magistrates in the State.

Subject :-Regarding Reservation for Members of Scheduled Castes and Backward Classes in a cadre of less than 5 posts.

Sir,

I am directed to refer to this Department letter No. 1/5/2001-RC1/205, dated 29th March, 2001, on the subject noted above and to say that it has been observed by some Departments that these instructions do not apply in class-I and class-II posts.

2. It is made clear that as per para '2' of the Ajit Singh Janjua Judgment, the Hon'ble Appex Court has observed as under :-

"At the outset we make it clear that in this judgment we are not concerned with the reservation policy of the state or with the validity of any procedure fixing roster points for purpose of promotion of reserved candidates. We are here dealing only with a limited question : relating mainly to seniority of the reserved candidates promoted at roster points."

3. As such the Hon'ble Appex Court has not touched the reservation policy of the State Government. It is, therefore, clarified that in a cadre of less than 5 posts, second post is to be given to the reserved category. These instructions are application in all Class-I, II,III and IV posts.

4. These instructions may please be followed in letter and spirit. The receipt of these instructions may please be acknowledged.

Yours faithfully, Sd/- (Satwant Singh) Principal Secy. Welfare.

154

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. Pb. for information and necessary action.

Sd/- Principal Secy. Welfare.

To All the Financial Commissioners, Principal Secretaries and Administrative Secretaries, to the Govt. of Punjab.

I.D.No. 1/5/2001-RC1/94 Dated, Chandigarh, the 18.2.02

______

155

No. 1/2/2002-RC-1/301 GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated Chandigarh the, 16th May, 2002. To All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners in the State and the Registrar, Punjab & Haryana High Court Chandigarh.

Subject :-Reservation in promotion to the Members of Scheduled Castes in services and posts under Punjab Government-Clarification thereof.

Sir,

I am directed to invite your attention to Punjab Government letter No. 3180-SWI-70/893, dated 11-1-1971 and No. 1494-SWI-74/8105, dated 4-5-1974, on the subject noted above and to say that 14% reservation in promotion has been provided to the members of Scheduled Castes in Class-I & II Services/posts and 20% in Class-III & IV services/posts. This reservation has been provided keeping in view the status of the services/posts being gazetted and non-gazetted.

2. On the basis of recommendations of the Fourth Punjab Pay Commission, Government have decided to do away with the gazetted status completely and in lieu thereof the classifications of services/posts have been made on the basis of monetary limits of the pay scales of the posts. With the revised classification of services/posts, some categories of services/posts which were earlier in Class-II & III have been included in Group 'A' or 'B' and, similarly, certain Class-IV posts have been included in Group 'C'. A question has now arisen as to how to apply the existing policy of reservation for Scheduled Castes to the new grouping of services/posts ?

3. The matter has been carefully considered and, accordingly, it is clarified that the policy instructions issued by Goverment from time to time providing reservation in promotion to the members of Scheduled Castes in respect of Class-I & II services/posts, the status of which was gazetted, will be applicable to Group 'A' services/posts. The policy instructions issued in respect of Class-III and IV services/posts will be aplicable to Group "B', "C" and 'D' services/posts. Further, it is made clear that 14% reservation in promotion for the members of Scheduled Castes in Group 'A' and 20% in Group 'B', 'C' and 'D' services/posts is provided.

4. This clarification may kindly be brought to the notice of all concerned.

Yours faithfully, Sd/- (A.S. Khera), Under Secretary to Govt. of Punjab, Department of Welfare.

156

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the Govt. Pb. for information and necessary action.

Sd/- Under Secretary to Govt. of Punjab, Department of Welfare.

All the financial Commissioners, Principal Secretaries and Administrative Secretaries to the Government of Punjab.

U.O.No. 1/2/2002-RC-I/302, Dated, Chandigarh, the 16th May, 2002

______

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fJ; gZso dh gj[zu o;hd G/ih ikt/ .

ftFtk;gkso, ;jh$- (ni?p f;zx y/Vk) nXhB ;eZso GbkJh .

fJ; dk fJe T[skok L-

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------

159

APPENDIX 31

Copy of letter No. 10972-4 WG-1-65/3205, dated 16th February, 1966 from Secretary to Government of Punjab, Welfare of Scheduled Castes and Backward Classes Deptt to All Heads of Departments, Commissioners of Divisions, Deputy Commissioners, Distt. and Session Judges, Registrar, Punjab and Haryana High Court and Sub-Divisional Officers (Civil) in the State, etc.

Subject:-Reservatoin in services for Scheduled Castes/Scheduled Tribes and Backward Classes brochures.

I am directed to refer to Punjab Government Circular letter No. 3905- 4WGI-64/13507, dated 26th June, 1964, On the Subject cited above and to inform you that instead of the maximum age limit prescribed for appointment to a non-gazetted service or post shown to have been raised by five years as for gazetted post or appointment by three years for Scheduled Castes/Tribes and Other Backward Classes as per entry under "Age Limit" on page (ii) of the brochures sent with the aforesaid communication, it may please be read as five years both in the case of a gazetted and non-gazetted appointment for the purpose of entry in Government services; the brochures in question may please be treated to have been modified to that extent.

______

160

Copy of letter No. 2/116/78-SWI, dated 24th January, 1979 from Secretary to Government Punjab, Scheduled Castes and Backward Classes to All Heads of Departments, Commissioners of Divisions, District & Session Judges, Deputy Commissioners and Registrar, Punjab & Haryana High Court and Copy to others.

Subject :-Reservation in services for the Scheduled Castes and Backward Classes-Relaxation in age over and above the General Category.

I am directed to refer to the subject cited above and to say that age concessions as under over and above the age limit prescribed for appointment in services under the State Government are available for the categories as mentioned against each :-

1. Scheduled Castes/Backward Classes 5 years over and above the normal recruitment age.

2. Ex-Servicemen To the extent of Service rendered in the military plus three years. This concession is available for posts which are not to be filled by open competition.

3. Physically handicapped persons 10 years over and above the normal age.

4. Released armed forces personnel His age at the time of joining military service or training prior to the Commission, as the case may be, does not exceed the upper age limit prescribed for direct recruitment to such post.

______

161

APPENDIX 33

Copy of letter No. 364 OSD. (W)-2-70877, dated 12th March, 70 from Secretary to Government of Punjab, Welfare of Scheduled Castes & Backward Classes Deptt. to All Heads of Departments, Commissioners of the Divisions, Deputy commissioners, Distt. & Session Judges, Registrar Punjab & Haryana High Court and Sub-Divisional Officers (Civil) in the State, etc.

Subject :-Payment of travelling allowance to the members of Scheduled Castes and Scheduled Tribes called for interview or written tests etc.

I am directed to invite a reference to the Punjab Government Finance Department Circular letters noted in the margin on the subject noted above where it is laid down that:-

(1) No. 1090/FRI-G-1/1504, When the Scheduled Castes/Scheduled Tribes candidates are called dated 9th February, 1961 for interview for appointment to Class III and Class IV advertised posts or through the Employment Exchanges, the recruiting authorities may allow such candidate single 3rd class rail fares chargeable by (ii) 1300-FRI-62/14015, passenger train, by the shortest route from the place of normal dated 2nd February, 1962 residence to the place of interview or test and back to the same station provided the distance travelled each way exceed fifty miles. (iii) No. 10868-FRI-762/ In respect of road journey between stations not connected by rail, 24086, dated 18th March, the recruiting authority may allow such candidates actual bus fares or 1963. road mileage as admissible to Government servants, under Punjab Civil Services Rules, Vol. III(T.A. Rules), whichever is less provided the distance covered by the road is more than 20 miles each way etc. These instructions further enjoin that the payment should be made on the spot from the contingent expenditure or permanent advance etc., as the case may be, after the interview/ written test is over and if owing to administrative difficulty the payment is not made on the spot, the amount may be remitted to the candidate at the Government cost. In this context, it has come to the notice of Government that the above-mentioned instructions as contained in the Manual of Finance Department Instructions, 1968 (Para 3.116) are not being followed by some departments meticulously and the departments or Departmental Recruiting Committees while inviting applications for post(s) do not mention in their advertisments that T.A. will be admissible to Scheduled Castes and Scheduled Tribes candidates called for interview/written tests, etc.

2. It may however, be made clear that the Scheduled Castes/Scheduled Tribes candidates will be entitled to Travelling Allowance when called for interveiw or written test as per instructions mentioned above. The departments, offices or the Departmental Recruiting Committees should invariably notify in their advertisements that T.A. will be admissible to Scheduled Castes/Scheduled Tribes candidates when called for interview & written test as per Government instructions referred to.

3. I am, therefore, to request you to ensure that these instructions should be strictly complied with and the Government need not have to remind the departmental authorities on the subject again and again. These instructions may also be brought to the notice of the Subordinate Officers for guidance.

4. The receipt of this communication may please be acknowledged.

162

APPENDIX 37

Copy of letter No. 6962-WG-53/62307, dated 21-8-1953 from Secretary to Government of Pb. Welfare of Scheduled Castes and Backward Classes Deptt. to All Heads of Departments, Commissioners of the Divisions, Deputy Commissioners, Distt. & Session Judges, Registrar Punjab & Haryana High Court and Sub-Divisional Officers (Civil) in the State, etc.

WELFARE GENERAL

Subject:-Classification of certain classes of people as "Backward Classes".

I am directed to address you on the above subject and to say that the question of classification of "Backward Classes" in the State has been engaging the attention of this State Government and it has now been decided to declare the following castes, races or tribes or part of group within castes or tribes resident in the State of Punjab as "Backward Classes" irrespective of their religion for purposes of special treatment for the promotion of their educational, economic and other interests :-

(a) 1. Aheria, Aheri, Heri, Naik, Thori or Turi 2. Barra 3. Beta, Hensor Hesi 4. Changar 5. Chirimar 6. Baiya 7. Gwaria, Gauria or Gwar 8. Kangar or Kanchan 9. Kurmi 10. Nar 11. Rehar, Rehara or Re 12. Ghirath 13. Darain 14. Ghai of Kangra District only.

(b) Members of the following castes professing any other than Hind Religion (members of which have been notified as Scheduled Castes) :-

1. Ad-Dharmi 2. Barar, Burar or Berar 3. Bangali 4. Batwal 5. Bauri of Bawaria 6. Bazigar 7. Balmiki, Chura or Bhangi 8. Banjara 9. Chamar, Jatia Chamar, Rehgar 'Gaigar, Ramdasi or Ravidasi 10. Chanal 163

11. Dagi 12. Dhanak 13. Dumna 14. Gagra 15. Gandhilta of Gandil, Condola 16. Kabirpanthi or Julaha 17. Katik 18. Marija or Mareeha 19. Kori or Koli 20. Mazbhi 21. Megh 22. Nat 23. Od 24. Pasi 25. Parna 26. Pherara 27. Sanhai 28. Sanhal 29. Sansi Bhedkut of Manesh 30. Sapela

2. According to the existing policy of Government, the following concessions have been given to the members of the Scheduled Castes and Scheduled Tribes as specified in the constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950:-

(i) 19 per cent of vacancies in the State Govermnent services have been reserved for Scheduled Castes and Scheduled Tribes together.

(ii) The Scheduled Castes and Scheduled Tribes candidates have been granted age concession for entry into service under the Punjab State Government. In their case the maximum age-limit for appointment to non-gazetted service or a post has been raised by 5 years and for gazetted posts or appointment by 3 years.

(iii) Members of the Scheduled Castes and Scheduled Tribes also enjoy concessions in respect of application/examination fee payable in connection with the appointment made in consultation with the State Public Service Commission. They are charged with ¼th of the ordinary fees.

(iv) Age and fee concessions are given to the Scheduled Castes and Scheduled Tribes candidates for the posts of Sub-Judges and Extra Assistant Commissioners. The recruitment to these services is made from among those Scheduled Castes candidates who are declared to be qualified by the State Public Service Commission in the P.C.S. (Executive Branch) Competitive Examination and in the competetive examination for the P.C.S. (Judicial Branch) keeping in view their seniority interse irrespective of the position obtained in the list of qualified candidates as a whole. 164

(v) Under the Constituion of India, for a period of 10 years seats are reserved in the House of the People and the Legislative Assembly of every State for members of Scheduled Castes.

3. All the concessions enumerated above except number (v) will now be allowed to members of the "Backward Classes" also. I am to request that these instructions may be brought to the notice of the Subordinate offices under you and that they may be implemented carefully.

______

165

TO BE PUBLISHED IN PUNJAB GOVERNMENT GAZETTEE (ORDINARY)

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE)

Notification

No. 10 (9) 96-2 SCWI/1173 Dated, Chandigarh, the 4/5-12-2002

Whereas 'Mochi' Caste has been included in the list Backward Classes vide Punjab Government's Notification No. 9159-4 WGII-59/38353, dated 9/23-12-1959.

Whereas 'Mochi' Caste has now been included in the list of Scheduled Caste vide Government of India's Notification No. 28, dated 27th May, 2002.

And therefore, in view of above, the Governor of Punjab is pleased to exclude the "Mochi" Caste from the list of Backward Classes.

This will take effect from 27-5-2002. Sd/- Dated, Chandigarh, the: (P. Ram) Principal Secretary to Govt. of Punjab, 29th November, 2002. Department of Welfare of Scheduled Castes & Backward Classses.

No. 10 (9) 96-2SCWI/ 1174 Dated : 4/5-12-2002

A copy is forwarded to the Controller, Printing & Stationary, Punjab, Chandigarh with the request that the above said Notification may please be got published in the next issue of the Punjab Government Gazettee (ordinary) and supply 50 copies thereof to this Department for official use. Sd/- UNDER SECRETARY WELFARE

No. 10 (9) 96-2SCWI/1175-1173 Dated : 4/5-12-2002

A copy is forwarded to the following for information and necessary action :-

1. All Heads of Departments in the State. 2. All Commissioners of Division/Deputy Commissioners in the State. 3. Registrar, Punjab and Haryana High Court, Chandigarh. 4. All District & Session Judges/Sub-Divisional Magistrates in the State. 5. Member Secretary, Punjab State Backward Classes Commission, Kothi No. 548, Sector 33-B, Chandigarh.

Sd/- UNDER SECRETARY WELFARE

166

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab for information.

Sd/- UNDER SECRETARY WELFARE

All Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab.

No. 10 (9) 96-2SCWI/1100 Dated : 4/5-12-2002

A copy is forwarded to the Superintendents, Reservation Cell & Welfare Cell (Non-Plan) for information and necessary action.

Sd/- UNDER SECRETARY WELFARE

(1) Superintendent, Reservation Cell

(2) Superintendent, Welfare Cell (Non-Plan)

I. D.No. 10 (9) 96-2SCWI/1181-1182 Dated : 4/5-12-2002

______

167

Punjab Government Gazette Published by Authority Chandigarh, Friday, June 20, 2003 (Jyaistha 30, 1925 Saka)

PART IV

Republication of Acts, Bills, Ordinances etc. and Rules thereunder [Assented to on 24.05.2002 Act No. 25 of 2002]

THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) ACT, 2002 . AN ACT

further to amend the Constitution (Scheduled Castes ) Order, 1950.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :-

1. This Act may be called the Constitution (Scheduled Castes) Order Short title. (Amendment) Act, 2002.

2. The Schedule to the Constitution (Scheduled Castes) Order, 1950 is Amendment of hereby amended in the manner and to the extent specified hereunder, namely :- the Constitution (Scheduled Castes) Order, 1950. (a) in PART XIII,--Orissa,--

(i) omit entry 22 ; (ii) omit entry 90 ; (iii) after entry 93, insert--

"94. Mangali (in Koraput and Kalahandi district) ;

95. Mirgan (in Navrangpur district)."

(b) in PART XIV.--Punjab,--

(i) for entry 9, substitute--

"9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Ramdasia Sikh, Ravidasia, Ravidasia Sikh."

(ii) after entry 37, insert--

"38. Mochi." 168

(i) for entry 22, substitute--

"22. Hari, Mehtar, Mehtor, Bhangi, Balmiki";

(ii) after entry 59, insert--

"60 Chain (in Malda, Murshidabad, Nadia and Dakshin Dinajpur district)."

[Assented to on 3-6-2002 Act No. 32 of 2002]

THE CONSTITUTION (SCHEDULED CASTES AND SCHEDULED TRIBES) ORDERS (AMENDMENT) ACT, 2002

ACT

further to amend the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950 so as to provide for inclusion of certain Scheduled Castes and Scheduled Tribes oustees of the States of Madhya Pradesh and Maharashtra who have been displaced due to Sardar Sarovar Project on the Narmada River and are settled or may be settled in the State of Gujarat, in the lists of Scheduled Castes and Scheduled Tribes specified in relation to the State of Gujarat.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

Short title. 1. This act may be called the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Act, 2002.

Amendment 2. In the Schedule to the Constitution (Scheduled Castes) Order, 1950, of the in PART IV.--Gujarat, after entry 30, the following entries shall be inserted, Constitution namely:- (Scheduled "31 Balahi, Balai Castes) Order 32. Bhangi, Mehtar 1950 33. Chamar 34. Chikwa, Chikvi 35. Koli, Kori 36. Kotwal (in Bhind, Dhar,Dewas, Guna, Gwalior, Indore, Jhabua, Khargone, Mandsaur, Morena, Rajgarh, Ratlam, Shajapur, Shivpuri, Ujjain and Vidisha districts)."

169

Amendment 3. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, of the in PART IV.--Gujarat, after entry 29, the following entries shall be inserted, Constitution namely:-- (Scheduled "30. Bhil, Bhilala, Barela, Patelia Tribes) Order, 31. Tadvi Bhil, Pawra, Vasave 1950. 32. Padvi."

[Assented to on 21st February, 2002]

THE CONSTITUTION (EIGHTY-FOURTH AMENDMENT) ACT, 2001

ACT

further to amend the Constitution of India.

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows :-

1. This Act may be called the Constitution (Eighty-fourth Amendment) Short title Act, 2001.

2. In article 55 of the Constitution, in the proviso to the Explanation, Amendment of for the figures "2000" the figures "2026" shall be substituted. article 55.

3. In article 81 of the Constitution, in the proviso to clause (3):- Amendment of article 81. (i) for the figures "2000" the figures "2026" shall be substituted.

(ii) for the words and figures "be construed as a reference to the 1971 census" the following shall be substituted, namely :-

"be construed.-

(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause as a reference to the 1971 census; and

(ii)for the purposes of sub-clause (b) of clause (2) as a reference to the 1991 census."

4. In article 82 of the Constitution, in the third proviso.- Amendment of article 82 (i) for the figures "2000", the figures "2026" shall be substituted;

(ii) for the words "readjust the allocation of seats in the House of the People of the States and the division of each State into territorial constituencies 170 under this article", the following shall be substituted, namely :-

"readjust-

(i) the allocation of seats in the House of the People to the States, as readjusted on the basis of the 1971 census; and

(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 1991census, under this article"

5. In article 170 of the Constitution.-- Amendment of article 170 (a) in clause (2), in the proviso to the Explanation for the figures "2000" and "1971", the figures "2026" and "1991" shall respectively be substituted ;

(b) in the third proviso to clause (3),--

(i) for the figures "2000" the figures "2026" shall be substituted;

(ii) for the words "readjust the total number of seats in the Legislative Assembly of each State and the division of such State into territorial constituencies under this clause", the following shall be substituted namely :--

"readjust-- (i) the total number of seats in the Legislative Assembly of each state as readjusted on the basis of the 1971 census; and

(ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 1991 census, under this clause."

Amendment of 6. In article 330 of the Constitution, in the proviso to the Explanation, article 330. for the figures "2000" and "1971" the figures "2026" and "1991" shall respectively be substituted.

Amendment of 7. In article 332 of the Constitution,-- article 332. (a) in clause (3A), for the figures "2000" the figures "2026" shall be substituted;

(b) in clause (3B), for the figures "2000", the figures "2026" shall be substituted.

______

171 BzLL 1$7$2000- o;1$120-125 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ;/tk fty/, (1) oki d/ ;w{j ftGkrK d/ w[yh, (2) oki d/ ;w{j wzvbK d/ efwFBo, (3) oki d/ ;ko/ fvgNh efwFBo, (4) ofi;Noko, gzikp s/ jfonkDk jkJh e'oN, (5) oki d/ ;w{j ;?FB} iZi, (6) oki d/ ;w{j ¢g wzvb w?fi;Nq/N .

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¢go'es ftF/ s/ w?~ nkg dk fXnkB gzikp ;oeko d/ gZso BzL 962-ftHeHnH(G)-68$15050, fwsh 25-5-1968 ns/ gzso BzL 4101-n?;H vpfbT{-2-74$14741, fwsh 12-8-1974 okjhI ikoh ehshnK jdkfJsK tZb fdtk¢D dh jdkfJs j'Jh j? . fJBQK jdkfJsK okjhI oki ftu nB[;{fus-ikshnK ns/ gSVhnK-Fq/DhnK ~ ;w/I-;w/I s/ ;/tktK ftZu fdZsh fo}ot/FB ~ g{oh soQK bkr{ eoB bJh jo ftGkr ftu fJe ;zgoe n\;o fB:[es eoB bJh fbfynk frnk ;h . fJ; d/ Bkb jh ;zgoe n\;o dhnK fvT{NhnK pko/ th dZf;nk frnk ;h . ;oeko d/ fXnkB ftu nkfJnk j? fe ni/ sZe ftGkrK ftu ;zgoe n\;o fB:[es BjhI ehs/ rJ/ ns/ fiBQK ftGkrK ftu ;zgoe n\;o fB:[es th ehs/ rJ/ jB, ¢BQK tb'I ¢; d/ pdb ikD iK foNkfJo j'D ikD ¢gozs Bt/I ;zgoe n\;o d/ nj[d/, N?bhc'B, (d\soh ns/ fojkfJF) pko/ ;oeko ~ ;{fus BjhI ehsk iKdk j?, fi; s'I fJj Gkt fbnk frnk j? fe ftGkrK tb'I fJ; wzst bJh ;zgoe n\;o fB:[es eoB d/ ezw ~ rzGhosk Bkb BjhI fbnk iKdk ns/ fo}ot/FB Bhsh ~ bkr{ eoB bJh ;[fjod BjhI jB . fJE/ fJj dZ;Dk ¢fus j't/rk fe ;zftXkB dh Xkok 16(4) ns/ Xkok 335 nXhB oki ;oekoK nB[;{fus-ikshnK ns/ gSVhnK-Fq/DhnK ~ ;/tktK ftu okytKeoB d/ ;edhnK jB . fJBQK ¢gpzXK dh o"FBh ftu gzikp ;oeko tb'I nB[;{fus- ikshnK ns/ gSVh-;q/Dh torK ~ ;/tktK ftu okytKeoB fdZsk frnk j? fi; ~ ;jh Yzr Bkb bkr{ eoBk jo ftGkr dh f}zw/tkoh pDdh j? . GbkJh ftGkr d/ gZso BzL 1$46$92-o;1$121, fwsh 6-1-1995 okjhI ikoh ehshnK jdkfJsK nB[;ko fo}ot/FB bkr{ eoB ;pzXh ikoh ehshnK jdkfJsK dh gkbDk eoB ftu e[skjh eoB tkb/ nfXekoh$eowukoh fto[X eoVh ekotkJh ehs/ ikD dk ¢gpzX j? . oki ftu okytKeoB Bhsh ~ bkr{ ehs/ ikDk$eotk¢Dk ftGkrK dh ;zftXkBe s"o s/ f}zw/tkoh pDdh j? . 172 fJ; bJh fo}ot/FB bkr{ ehs/ ikD bJh Gkos ;oeko dh gZXo s/ jo fJe ftGkr ftu ;zgoe nc;o fB:[es ehs/ ikD ns/ fo}ot/FB ~ ekoro Yzr Bkb bkr{ eoB bJh fJ; ftGkr tb'I eJh tkoh p/Bsh ehsh ik u[Zeh j?, gozs{ nZi/ sZe ftGkrK tb'I fJ; ekoi bJh s;ZbhpyF ekor[}koh BjhI do;kJh rJh . fJ; bJh w?~ nkg ih ~ w[V fJj p/Bsh eoB dh jdkfJs j'Jh j? fe nkgD/ ftGkr$d\so ftu fJ; gZso dh gqkgsh s'I 15 fdBK d/ nzdo-2 fJe ;zgoe nc;o fB:[es ehsk ikt/ . ¢fus j't/rk i/eo nfij/ nfXekoh ~ ;zgoe nc;o fB:[es ehsk ikt/, fijVk eowukohnK dh Gosh ns/ soZehnK nkfd dk ezw t/ydk j't/ . fJj nfXekoh GbkJh ftGkr tb'I fBFfus ehshnK fvT{NhnK ~ ;jh Yzr Bkb fBGk¢D ns/ fo}ot/FB ~ w[ezwb s"o s/ bkr{ eotk¢D bJh f}zw/tko j't/rk ns/ fvT{NhnK ftu e[skjh eoB dh ;{os ftu ¢; fto[ZX nB[Fk;Bh ekotkJh ehsh ikDh j't/rh . fB:[es ehs/ ;zgoe n\;o d/ Bkw, nj[d/, d\soh ns/ fojkfJFh N?bhc'BK d/ Bzpo GbkJh ftGkr ~ s[ozs G/i/ ikD . ;zgoe n\;o dh pdbh j' ikD iK foNkfJo j' ikD ekoB Bt/I ;zgoe n\;o pko/ T[go'es ;{uBk 2 fdBK d/ nzdo-2 GbkJh ftGkr ~ G/i/ ikDk :ehBh pDkfJnk ikt/ .

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------173

No. 3/64/2002-2PPI/3871 GOVERNMENT OF PUNJAB DEPARTMENT OF PERSONNEL (PERSONNEL POLICIES BRANCH-I)

Dated, Chandigarh, the 11th March, 2003 To

All the Head of Departments, All Commissioners of Divisions, Registrar, Punjab and Haryana High Court District and Session Judges and Divisional Magistrates (Civil) in the State of Punjab.

Subject:-Ban on Promotion in Group 'A', 'B' and 'C' Services in the State of Punjab.

Sir,

I am directed to refer to this Department Circular letter No. 3/64/2002- 2PP(I)/73-74 dated 1st January, 2003, on the subject noted above and to convey decision of the Government to lift ban on Promotions in group 'A', 'B' and 'C' services in the State with immediate effect subject to the condition that whenever Promotions are made a condition must be imposed in the promotion orders that these promotions will be subject to the final decision of the writ (s) which are pending in the Supreme Court of India regarding the 85th Amendment of the Constitution of India.

Yours faithfully, Sd/- (S. S. Khara) Joint Secretary Personnel.

A copy for information and necessary action is forwarded to all the Financial Commissioners/Principal Secretaries/Administrative Secretaries to the Government of Punjab with reference this Department I.D. No. 3/64/2002-2PP(I)/74, dated 1st January, 2003. They are requested to bring these instructions in the Notice of all the Boards and Corporations under their Administrative Control for compliance.

Sd/- Joint Secretary Personnel. To

All Financial Commissioners/ Principal Secretaries/Administrative Secretaries to the Government of Punjab.

I.D. No. 3/64/2002-2PP(I)/3872 Dated, Chandigarh, the 11th March,2003 ______174

No. 1/2/2002-RC1/601

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Dated, Chandigarh, the 18th June, 2003

All the Heads of Departments; Commissioners of Divisions; Deputy Commissioners in the State and The Registrar, Punjab and Haryana High Court, Chandigarh.

Subject :-Reservation in promotion to the members of Scheduled Castes in Services and posts under Punjab Government Clarification thereof.

Sir,

I am directed to refer to Punjab Government Letter No. 1/2/2002-RC1/301 dated 16-5- 2002 on the subject noted above wherein it was clarified that the policy instructions issued by Government from time to time providing reservation in promotion to the members of Scheduled Castes in respect of Class-I and II services/posts, the status of which was gazetted, will be applicable to group 'A' services/posts. The policy instructions issued in respect of Class-III and IV services/posts will be applicable to Group 'B', 'C' and 'D' services/posts. It was also made clear that 14% reservation in promotion for the members of Scheduled Castes in Group 'A' and 20% in Group 'B', 'C' and 'D' services/posts will be provided.

2. As some categories of class-II (Gazetted) services/posts still fall in group 'B' and some categories of class III (Non-Gazetted) services posts have been included in Group 'B' with the emergence of new grouping system wherein 20% reservation was applicable to these services/posts. Some confusion has cropped up as to what percentage of reservation is to be provided in Group 'B' services.

3. The matter was examined thoroughly and it is clarified that 14% reservation in promotion is to be provided to the Scheduled Caste employees who were earlier in class-II (Gazetted) and still fall in Group 'B'. Similarly, 20% reservation in promotion is to be provided to those Scheduled Caste employees who were earlier in class-III (Non-Gazetted) and now Group 'B'.

4. This issued with the concurrence of Personnel Department conveyed vide their I.D. No. 4/1/02-3PPI dated 28-4-2003.

5. This clarification may kindly be brought to the notice of all concerned. 175

6. The receipt of this communication may kindly be acknowledged.

Yours Faithfully Sd/- (Harjit Singh) Special Secretary to Govt. of Punjab Department of Welfare.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Govt. of Punjab for information and necessary action.

Sd/- Special Secretary to Govt. of Punjab Department of Welfare.

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab.

I.D. No. 1/2/2002-RCI/602 Dated, Chandigarh 18-6-2003

______

176

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (SPECIAL CELL WELFARE-I)

No. 10 (10) 98-2SCW-I/638 Dated Chandigarh 27-6-2003

The Governor of Punjab is pleased to include the kachhi (Shakya, Maurya and Kushwaha) in the list of Other Backward Classes in the State of Punjab irrespective of their religion for the purpose of special treatment for promotion of their economic conditions and other interests.

ASHA ATTRI Principal Secretary to the Govt. of Punjab Department of Welfare of Scheduled Castes Dated Chandigarh, the 30-5-2003 & Backward Classes.

No. 10 (10)98-2SCW-I/639 Dated 27-6-2003

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above-said Notification may please be got published in the next issue of the Punjab Govt. gazettee and supply 50 copies thereof to this Department for official use.

Sd/- Under Secretary to Govt. of Punjab

No. 10(10) 98-2SCW-I/640 Dated 27-6-2003

A copy is forwarded to the following for information and necessary action :-

(1) All Heads of Departments in the State. (2). All Commissioners of Divisions, All Deputy Commissioners in the State. (3) Registrar, Punjab and Haryana High Court, Chandigarh. (4) All District & Session Judges and All Sub-Divisional Magistrates in the State. (5) Member Secretary, the Punjab State Backward Classes Commission, Kothi No. 548, Sector-33-B, Chandigarh. Sd/- Under Secretary to Govt. of Punjab

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administarative Secretaries to Govt. of Punjab for information to:--

(1) All Financial Commissioners, (2) All Principal Secretaries and (3) All Administrative Secretaries to Govt. of Punjab. Sd/- Under Secretary to Govt. of Punjab

No. 10 (10) 98-2SCW-I/641 Dated 27-6-2003 177

A copy is forwarded to the Superintendents Reservation Cell & Welfare Cell (Non-Plan) for information and necessary action.

Sd/- Under Secretary to Govt. of Punjab

(1) Superintendent, Reservation Cell.

(2) Superintendent, Welfare Cell (Non Plan)

No. 10 (10) 98-2SCW-I/642-643 Dated 27-6-2003

A copy is forwarded to the Deputy Secretaries, Department of General Administration Cabinet Affairs Branch with reference to their I. D. No. 1/95/2003-1Cabinet/3077, dated 26-5-2003 for information. Sd/- Under Secretary to Govt. of Punjab

The Deputy Secretary, Department of General Administration, (in Cabinet Affairs Branch).

I.D. No. 10 (10) 98-2SCW-I/644 Dated 27-6-2003

------

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------179

MINISTRY OF SOCIAL JUSTICE/EMPOWERMENT

RESOLUTION

New Delhi, the 6th December, 1999

No. 12011/88/98-B.C.C.--The Government of India, vide the Ministry of Personnel Public Grievances and Pension (Department of Personnel and Training) OM No. 36012/22/93- Estt. (SCT), dated the 8th September, 1993, have reserved 27% of vacancies in Civil posts and services under the Central Government to be filled through direct recruitment in favour of the Other Backward Classes (OBCs). In this regard the lists in respect of 26 States/UTs have been notified vide Ministry of Welfare Resolutions No. 12011/68/93-BCC (C) dated the 10th September, 1993, No. 12011/9/94-BCC dated the 19th October, 1994 No. 12011/7/95-BCC dated the 24th May, 1995, No. 12011/96/94-BCC dated the 9th March, 1996, No. 12011/44/96 BCC dated the 6th December, 1996, No. 12011/99/94-BCC dated the 11th December, 1997 and No. 12011/68/98-BCC dated the 27th October, 1999.

2. The National Commission for Backward Classes was set up under the provisions of the National Commission for Backward Classes Act, 1993 to entertain, examine and recommend upon the requests for inclusion and complaints of over inclusion and under inclusion in the Central List of Other Backward Classes.

3. The National Commission for Backward Classes have recommended names of castes/communities (including sub-castes/synonyms) for inclusion/amendment in the Central Lists of OBCs in respect of Andhra Pradesh, Bihar, Chandigarh, Goa, Gujarat, Karnataka, Kerala, Madhya Pradesh, Orissa, Pondicherry, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal. The Government have accepted the recommendations of the Commission and have decided to notify annexed inclusions/amendments in the Central Lists of OBCs in respect of aforesaid States/ UTs. These inclusions/amendments shall take effect from the date of issue of this Resolution.

DHARMENDRA DEO, jt. Secy.

______

180

ANNEXURE

Inclusion/Amendment in Central List of Other Backward Classes (OBCs) in respect of under mentioned States/UTs :

1. Andhra Pradesh 2. Bihar 3. Chandigarh 4. Goa 5. Gujarat 6. Karnataka 7. Kerala 8. Madhya Pradesh 9. Orissa 10. Pondicherry 11. Punjab 12. Rajasthan 13. Sikkim 14. Tamil Nadu 15. Tripura 16. Uttar Pradesh 17. West Bengal

Names of Castes/Communities (including sub-castes/synonyms) in the Central List of OBCs.

STATE ANDHRA PRADESH : CENTRAL LIST OF OBCs ______

Sl. No. Old Entry New Entry ______

1 2 3 ______

1. Nil 10. Gaula Bahja (who are traditionally associated with selling of bangles) ______181

U.T. PONDICHERRY : CENTRAL LIST OF OBCs ______

Sl. No. Old Entry New Entry ______

1. 131. Maruthuvar 131. Maruthuvar, Navithar 2. Nil 260. Sadhu Chetty, Telugu Chetty, Telugu Patty Chetty. 24. Manai Telugu Chetty ______

STATE PUNJAB : CENTRAL LIST OF OBCs ______

Sl. No. Old Entry New Entry ______

1. 21. Nai 21. Nai Sain 2. 61. Daula or Soni 61. Daula or Soni Sunar/Swarnkar 3. Nil 67. Saini 4. Nil 68. Kachhi Kachhi Shakya Kachhi Maurya Kachhi Kushwaha ______

STATE RAJASTHAN : CENTRAL LIST OF OBCs ______

Sl. No. Old Entry New Entry ______1. 2. Badwa 2. Badwa Bhat Bhat Rao Rao Jachak Jaga 2. 8. Chhipa (Chhipi) 8. Chhipa (Chhipi) Nama Nama Bhavsar 3. 21. Janwa 21. Janwa Sirvi ______

182 ______

Sl. No. Old Entry New Entry ______

4. 24. Kachhi 24. Kachhi Kachhi Kushwaha Kachhi-Shakya

5. 30. Kumhar 30. (a) Kumhar (Prajapati) (Prajapati) (b) Kumawat

6. 39. Nai 39. Nai Sain Baid Nai

7. Nil 59. Bari

8. Nil 60. Faqir/Faquir (Kadiris Chistis and Naqshbandias are Not included) ______

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------186 Regd. No. PB/0061/2003-05 Regd. No. NW/CH-22

Punjab Government Gazette Published by Authority

No. 25] CHANDIGARH, FRIDAY, June 20, 2003 ( JYAISTHA 30, 1925 SAKA)

PART IV Republication of Acts, Bills, Ordinances etc. and Rules thereunder

[Assented to on 24-05-2002 Act No. 25 of 2002]

THE CONSTITUTION (SCHEDULED CASTES) ORDER ( AMENDMENT) ACT, 2002

An ACT

further to amend the Constitution (Scheduled Castes) Order, 1950.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :--

1. This Act may be called the Constitution (Scheduled Castes) Order Short title. (Amendment) Act, 2002.

2. The Schedule to the Constitution (Scheduled Castes) Order, 1950 Amendment of is hereby amended in the manner and to the extent specified hereunder, namely:- the Constitution (Scheduled Castes) Order, 1950. (a) in PART XIII.--Orissa,--- (i) omit entry 22; (ii) omit entry 90; (iii) after entry 93, insert-- "94 Mangali (in Koraput and Kalahandi districts); 95 Mirgan (in Navrangpur district)."

(b) in PART XIV.--Punjab,--for entry 9, substitute-- " 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Ramdasia Sikh, Ravidasia, Ravidasia Sikh.";

(iii) after entry 37, insert--

"38. Mochi.";

187 Regd. No. PB/0061/2003-05 Regd. No. NW/CH-22

Punjab Government Gazette Published by Authority No. 42] CHANDIGARH, FRIDAY, OCTOBER 17, 2003 (ASVINA 25, 1925 SAKA)

PART IV Republication of Acts, Bills, Ordinances etc. and Rules thereunder

[Assented to on 17 December, 2002 Act No. 61 of 2002]

CONSTITUTION (SCHEDULED CASTES) ORDERS (SECOND AMENDMENT) ACT, 2002

An ACT further to amend the Constitution (Scheduled Castes) Order, 1950 the Constitution (Scheduled Castes) (Union Territories) Order, 1951, the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956, the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 and the Constitution (Pondicherry) Scheduled Castes Order, 1964.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows :-

1. This Act may be called the Constitution (Scheduled Castes) Short title Orders (Second Amendment) Act, 2002.

2. (l) The Schedule to the Constitution (Scheduled Castes) Order, 1950 is Amendment hereby amended in the manner and to the extent specified in Schedule I. of Scheduled Castes Orders. (2) The Schedule to the Constitution (Scheduled Castes) (Union Territories) Order 1951 is hereby amended in the manner and to the extent specified in Schedule II.

(3) The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 is hereby amended in the manner and to the extent specified in Schedule III.

(4) The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 is hereby amended in the manner and to the extent specified in Schedule IV. 188

(5) The Constitution (Pondicherry) Scheduled Castes Order,1964 is hereby amended in the manner and to the extent specified in Schedule V.

------

SCHEDULE -1

[See section 2(1)]

AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

1. In Part-I--Andhra Pradesh.--

(i) for entry 9, substitute

"9 Beda (Budga) Jangam (in the districts of Hyderabad, Ranga Reddy, Mahbubnagar, Adilabad, Nizamabad, Medak, Karimnagar, Warangal, Khammam and Nalgonda)";

(ii) for entry 11, substitute--

"11 Byagara, Byagari";

(iii) for entry 14 substitute--

"14 Chamar, Mochi, Muchi, Chamar-Ravidas, Chamar-Rohidas";

(iv) for entry 23, substitute--

"23 Godagali, Godagula, (in the districts of Srikakulam, Vizianagaram. and Vishakhapatanam)";

(v) for entry 30, substitute--

"30 Kolupulavandlu, Pambada, Pambanda, Pambala";

(vi) for entry 35, substitute--

"35 Mala, Mala Ayawaru";

(vii) unit entry 52,;

(viii) after entry 59, insert--

"60, Yatala

61, Valluvan," 189

2. In PART III,--Bihar,--

(i) for entry 6, substitute--

"6 Chamar, Mochi, Chamar-Rabidas, Chamar-Ravidas, Chamar-Rohidas, Charmarkar";

(ii) for entry 9, substitute--

"9, Dhobi, Rajak";

(iii) for entry 10, substitute--

"10, Dom, Dhangad, Bansphor, Dharikar, Dharkar, Domra";

(iv) for entry 20, substitute--

"20, Pan, Sawasi, Panr";

3. In PART IV,--Gujarat,--

(i) for entry 4, substitute--

"4, Bhambi, Bhambhi, Asadaru, Asodi, Chamadia, Chamar, Chamar-Ravidas, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Mochi (in Dangs district and Umergaon Taluka of Valsad district only), Nalia, Telugu Mochi, Kamati Mochi, Ranigar, Rohidas, Rohit, Samgar";

(ii) for entry 5, substitute-- "5, Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi,Balmiki, Korar, Zadmalli, Barwashia, Barwasia, Jamphoda, Zampada, Zampda, Rushi, Valmiki"

4. In PART V,--Haryana--

(i) for entry 9, substitute-

"9 Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Balahi, Batoi, Bhatoi, Bhambi, Chamar-Rohidas Jatav, Jatava, Mochi, Ramdasia";

(ii) for entry 23, substitute--

"23, Mazhabi, Mazhabi Sikh";

(iii) for entry 25, substitute--

"25, Nat, Badi"; 190

(iv) for entry 34, substitute--

"34, Sapela, Sapera";

(v) for entry 36, substitute--

"36, Sdligat, Bariya";

5. In PART VI.--Himachal Pradesh,after entry 56, insert--

"57, Barwala."

6. In PART VII.--Karnataka--

(i) for entry 17, substitute--

"17, Banjara, Lambani, Lambada, Lambadi, Lamani, Sugali, Sukali";

(ii) for entry 23, substitute--

"23, Bhovi, Od, Odde, Vaddar, Waddar, Voddar, Woddar";

(iii) for entries 53 and 54, substitute--

"53, Koracha, Korachar

54, Korama, Korava, Koravar";

7. In PART VIII.--Kerala,--

(i) omit entries 9 and 11;

(ii) for entry 12, substitute--

"12, Bharathar (other than Parathar), Paravan";

(iii) omit entries 13, 19, 20 and 21;

(iv)for entry 26, substitute--

"26. Kakkalan, Kakkan";

(v) for entry 28, substitute--

"28 Kanakkan, Padanna, Padannan"; 191

(iv) for entry 30, substitute--

" 30 Kavara (other than Telugu speaking or Tamil speaking Balija, Kavarai, Gavara, Gavarai, Gavarai Naidu, Balija Naidu, Gajalu Balija or Valai Chetty)";

(vii) for entry 34, substitute--

"34 Kuravan, Sidhanar, Kuravar, Kurava, Sidhana";

(viii) for entry 37, substitute--

"37. Mannan, Pathiyan, Perumannan, Vannan, Velan";

(ix) for entry 39, substitute--

"39. Moger (other than Mogeyar)";

(x) omit entries 44 and 49;

(xi) for entry 50, substitute--

"50, Paraiyan, Parayan, Sambavar, Sambavan, Sambava, Paraya, Paraiya, Parayar";

(xii) omit entries 51 to 53;

(xiii) for entry 54, substitute--

"54, Pulayan, Cheramar, Pulaya, Pulayar, Cherama, Cheraman, Wayanad Pulayan, Wayanadan Pulayan, Matha, Matha Pulayan";

(xiv) omit entry 55;

(xv) for entry 60, substitute--

"60, Semman, Chemman, Chemmar";

(xvi) omit entries 65 and 66;

(xvii) for entry 68, substitute--

"68, Vettuvan, Pulaya Vettuvan (in the areas of erstwhile Cochin State only)

69 Norian";

192

8. In PART IX.--Madhya Pradesh,--

(i) for entry 36, substitute--

"36, Mahar, Mehra, Mehar, Mahara";

(ii) after entry 47, insert--

"48, Sargara";

9. In PART XIII.--Orissa--

(i) for entry 2, substitute--

"2, Amant, Amat, Dandachhatra Majhi";

(ii) for entry 10, substitute--

"10. Bauri, Buna Bauri, Dasia Bauri";

(iii) for entry 24, substitute--

"24, Dewar, Dhibara, Keuta, Kaibarta";

(iv) for entry 42, substitute--

"42, Kandra, Kandara, Kadama";

(v) for entry 45, substitute--

"45, Kela, Sapua Kela, Nalua Kela, Sabakhia Kela, Matia Kela";

(vi) for entry 56, substitute--

"56, Mala, Jhala, Malo, Zala, Malha, Jhola";

(vii) for entry 69, substitute--

"69, Pan, Pano, Buna Pana, Desua Pana";

(viii) for entry 86, substitute--

"86, Siyal, Khajuria";

10 In PART XIV--Punjab--

(i) for entry 5, substitute--

"5 Batwal, Barwala"; 193

(ii) for entry 23, substitute--

"23, Mazhabi, Mazhabi Sikh";

11 In PART XVII.--Tripura,after entry 32, insert--

"33, Dhuli, Sabdakar, Badyakar

34, Natta, Nat";

12 In PART XXI--Arunachal Pradesh,omit entries 1 to 16

------

SCHEDULE-II

[See section 2 (2)]

AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) (UNION TERRITORIES) ORDER, 1951

1. In PART I--Delhi, for entry 29, substitute--

"29, Nat (Rana), Badi";

2. In PART II--Chandigarh, for entry 4, substitute--

"4, Batwal, Barwala";

3. In PART III--Daman and Diu, for entry 2, substitute--

"2, Chambhar, Mochi";

------

194

SCHEDULE-III

[See section 2 (3)]

AMENDMENTS TO THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED CASTES ORDER, 1956

(i) for entry 4, substitute--

"4, Chamar or Ramdasia, Chamar-Ravidas, Chamar-Rohidas";

(ii) for entry 5,substitute--

"5, Chura, Bhangi, Balmiki, Mehtar";

(iii) for entry 7, substitute--

"7, Doom or Mahasha, Dumna";

------

SCHEDULE-IV

[See section 2 (4)]

AMENDMENT TO THE CONSTITUTION (DADRA AND NAGAR HAVELI) SCHEDULED CASTES ORDER, 1962

For entry 4, substitute--

"4, Mahayavanshi";

------

SCHEDULE-V

[See section 2 (5)]

AMENDMENT TO THE CONSTITUTION (PONDICHERRY) SCHEDULED CASTES ORDER, 1964

After entery 15, insert--

"16 Puthirai Vannan"; 195

[Assented to on 12th December, 2002 Act No...... 2002]

THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT ACT, 2002

An Act

further to amend the Constitution of India.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- short title and 1. (1) This Act may be called the Constitution (Eighty-sixth commencement Amendment) Act, 2002.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Insertion of new 2. After article 21 of the Constitution, the following article shall be article 21 A inserted, namely:--

Right to "21A , The State shall provide free and compulsory education education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."

Substitution of 3. For article 45 of the Constitution, the following article shall be new article for substituted, namely :-- article 45

Provision for early "15, The State shall endeavour to provide early childhood care childhood care and and education for all children until they complete the age of six years." education to children below the age of six years

Amendment of 4. In article 51A of the Constitution, after clause (1), the following article 51A clause shall be added, namely:-

(1) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years."

------

196

No. 3/34/99-3PPI/17654

Government of Punjab Department of Personnel (Personnel Policies I Branch)

Dated, Chandigarh, the 21-5-04

All the Financial Commissioners, Principal Secretaries and Secretaries to Govt. of Punjab and Heads of Departments, Commissioners of Divisions, Deputy Commissioners of all Districts in the State, Registrar, Punjab and Haryana High Court and Sub Divisional Magistrates in the State.

Subject:-- Implementation of Ajit Singh Janjua Judgement-I.A.No. 1-3 in CWP Nos. 3792-3794.

Sir/Madam,

I am directed to refer to this Department Circular letter No. 3/34/99-3PPI up- 149/3377, dated 28-2-2003, on the subject noted above and to state that with the above referred letter the para 3 of the instructions issued vide letter No. 3/34/99-3PPI up-100/12565, dated 22- 10-1999, was held in abeyance. Now the matter has been reconsidered in consultation with the Finance Department and it has been decided that the circular letter of this department issued vide letter N. 3/34/99-3PPI/3377 up-149, dated 28-2-2003, may be treated as withdrawn

Yours faithfully,

Sd/- Joint Secretary Personnel

------

197

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------

199

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201

ANNEXURE XIII

[Reference Circular No. 15 (4) ISO(W)-78/7704 Dated the 30th August, 1982]

DIRECT RECRUITMENT AND RECRUITMENT MADE BY TRANSFER

Name of Department......

Half-yearly returns regarding appointments made by direct recruitment or by transfer of SCs/BCs on reservation rosters in All classes of services during the half year ending 30-6-...... / 31-12......

------Name Class Total No. of No. of vacan- The number of the The No. of Reasons of of vacancies fil- cies filled by last point on Starting point for not filling Post Service led during the ...... the roster on on the roster reserved vacancies half-yearly SCs BCs close of previous during the half- indicating ...... half-yearly yearly under special efforts/ SCs BCs ...... report measures taken to SCs BCs ...... fill reserved vacancies SCs BCs by SCs/BCs ------1 2 3 4 5 6 7 8 9 10 11 ------

------Note :-- Vacancies occuring from time to time are treated as reserved or un-reserved as per the rosters prescribed in the form running account. For example, if last point on the roster during the previous half-yearly report falls, say at point No. 6, the next point on the roster during the half-yearly under report will start and be shown at point No. 7 of the roster etc.

202

ANNEXURE-XIV

[Reference Circular No. 15 (4) ISC(W)-78/7704 Dated the 30th August, 1982]

RECRUITMENT MADE BY PROMOTION

Name of Department......

Half-yearly returns regarding appointments made by Promotions of SCs/BCs on reservation rosters in All classes of services during the half year ending 30-6-...... /31-12...... ------Name Class Total No. of No. of vacan- The number of the The No. of Reason of of vacancies fil- cies filled by last point on Starting point for not filling Post Service led during the ...... the roster at on the roster reserved vacancies half-year SCs BCs close of previous during the half- indicating ...... half-yearly yearly under special efforts/ SCs BCs ...... report measures taken to SCs BCs ...... fill reserved vacancies SCs BCs by SCs/BCs ------1 2 3 4 5 6 7 8 9 10 11 ------

------Note :-- Vacancies occurring from time to time are treated as reserved or un-reserved as per the rosters prescribed in the form running account. For example, if last point on the roster during the previous half-yearly report falls, say at point No. 6, the next point on the roster during the half-yearly under report will start and be shown at point No. 7 of the roster.

Copy of Letter No. 13470-PG-49/65942, dated the19th October, 1949 from the Chief Secretary to Government East Punjab, to all Heads of Departments etc. in the Punjab.

Subject :Representation of members of the Scheduled Castes in service in East Punjab.

The East Punjab Government has/had under consideration the question of reservation of certain percentage of appointments to services in East Punjab for the Scheduled Castes. They have decided that :-

(i) The Scheduled Castes, as defined in the Draft Constitution of India, be given representation in service, according to their population.

203

(ii) Pending the determination of the exact percentage of Scheduled Caste population in East Punjab, 15 percent vacancies in all services be earmarked for Scheduled Caste candidates, provided suitable material for filling such appointments is available out of the Scheduled Caste candidates.

(iii) It is to be clearly understood that the minimum qualifications prescribed for any post would not be lowered with a view to accommodating any Scheduled Caste candidate.

This reservation of percentage of appointments for Scheduled Castes should be brought into force while making all new appointments in your department/office. It will not apply to promotions which are to be governed by considerations of seniority and merits alone.

------

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206

No. 1/5/2001-RC1/678-683

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

To,

1. All Heads of Departments, in the State. 2. All Commissioners of Divisions in the State. 3. Registrar, Punjab and Haryana High Court. 4. All the Deputy Commissioners in the State. 5. All the District and Sessions Judges in the State. 6. All the Sub-Divisional Magistrates in the State.

Dated Chandigarh the : 25-6-2004

Subject:-- Regarding reservation for members of Scheduled Castes & Backward Classes in a Cadre of less than 5 posts.

Sir,

I am directed to refer to this Department letter No. 1/5/2001-RC1/93 dated 18-2-2002 on the subject noted above and to say that it has been observed by certain departments that these instructions require to be given a fresh look. Government have re-examined the matter in depth and found no ground to make any change in these instructions.

2. It is, therefore, clarified that the decision to give representation to the Scheduled Caste candidates in a cadre of less than five posts was taken and instructions in connection there with were issued vide Pb. Govt., letter No. 6872-WC-66/24917 dated 23-8-66. This decision was subsequently clarified vide letter No. 3378-SW-ASO-67/22108 dated 5-8-1967, letter No. 1/5/2001-RC 1/205 dated 29-3-2001 and letter No. 1/5/2001-RC 1/93 dated 18-2-2002. These instructions/rule of reservation have become a law due to long usage particularly when these instructions have not been over-ruled by any court of Law including the Hon'ble Supreme Court of India in the famous R.K. Sabharwal or the Ajit Singh Junjua cases. Therefore the instructions, giving second post to the reserve category in a cadre of less than five posts are still applicable in all Groups of Services. So long as these are not modified these should continue to be followed in letter and spirit by all the Head of Departments.

Sd/- Under Secretary Welfare

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government Punjab for information and necessary action.

Sd/- Under Secretary Welfare 207

To,

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries, to Govt. Punjab

No. 1/5/2001-RC 1/684-686 Dated : Chandigarh the 25-06-2004

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------210

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Details regarding Roster

(List showing reservation in respect of different categories in 100 point Roster).

______

Point No. For which Point No. For which category is category is reserved. reserved. ______

1 2 3 4 ______

1. S.C. 33 S.C. 2. General 34 General 3. " 35 B.C.(E.S.M) 4. " 36 General 5. S.C. 37 S.C. 6. General 38 General 7. E.S.M. 39 General 8. B.C. 40 Handicapped 9. S.C. 41 S.C. (Sportsman) 10. General 42 B.C. 11. Handicapped 43 General 12. General 44 B.C. 13. S.C. 45 S.C. 14. E.S.M. 46 General 15. General 47 General 16. B.C. 48 B.C. 17. S.C. 49. S.C. 18. General 50. General 19. " 51. General 20. " 52. General 21. S.C.(E.S.M.) 53. S.C. (E.S.M.) 22. General 54 General 23. Sportsman 55. General 24. B.C. 56. B.C. 25 S.C. 57. S.C. 26 General 58. General 27 " 59. General 28 E.S.M. 60. E.S.M. 29 S.C. 61. S.C. 30 General 62. General 31 General 63. Freedom Fighter 32 General 64. B.C.

213 ______

1 2 3 4 ______

65. S.C. 83 General 66. General 84 General 67. E.S.M. 85 S.C. 68. General 86 General 69. S.C. 87 E.S.M. 70. General 88 B.C. 71. Handicapped 89 S.C. 72. B.C. 90. General 73 .S.C. (E.S.M.) 91 General 74. General 92 General 75. General 93 S.C. (E.S.M.) 76. General 94 General 77. B.C. 95 General 78 General 96 B.C. 79 General 97 S. C. 80 B.C. (E.S.M.) 98 General 81 S.C. 99 General 82 General 100 Sportsman

Note:-Keeping in view the above description the Categorywise distribution of roster points is as under:-

1. Point No:- 1,5,9,13,17,21,25,29,33,37,41,45,49,53,57,61,65,69,73,77,81,85,89,93,97 (Total 25) are reserved for Scheduled Castes.

2. Point No:- 8,16,24,35,42,48,56,64,72,80,88 and 96 (Total 12 points are reserved for Backward Classes

3. Point No:-7, 14, 21, 28, 35, 44, 53, 60, 63, 73, 80, 83, 93 (Total 13) are reserved for Ex-serviceman.

4. Point No:- 11,40 and 71 (Total 3) are reserved for Handicapped Persons.

5. Point No:- 23, 41 and 100 (Total 3) Points are reserved for Sportsman.

6. Point No:- 63 is reserved for Freedom Fighters.

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214

No. 1/41/96-RC-I/992-1002

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

1. All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners, Registrar, Punjab and Haryana High Court, District & Sessions Judges, Sub Divisional Magistrates (Civil) in the State of Punjab.

2. Vice Chancellors/Registrars of Punjabi University, Patiala, Guru Nanak Dev University, Amritsar, Punjab University, Chandigarh, Punjab Agricultural University, Ludhiana, Punjab Technical University, Jalandhar, Baba Farid University of Health Sciences, Faridkot.

Dated, Chandigarh the 18-8-2004.

Subject:-Validity of Scheduled Castes and Backward Classes Certificates for the purpose of seeking employment in any Department or Admission to educational institutions.

Sir,

It has been brought to the notice of Government that the aspirants seeking admission to Medical, Technical, Engineering & other professional colleges in the State of Punjab are facing harassment at the hands of the authorities who are not accepting/recognizing the Scheduled Caste certificates on various grounds such as the certificate being not in the format as per the prospectus, the certificate having been issued some months/years back, etc., etc.

2. The State Government (Welfare Department) has issued instructions in this regard from time to time. The latest instructions on the subject were issued vide letter No. 1/41/96-RC-1/560 dt. 31-5- 1999 and No. 1/3/95-3-PPII/10377 dt.18-8-2000. It is, therefore, again reiterated that with a view to bring about uniformity, Scheduled Castes/Backward Classes certificates should be issued by the competent authorities in the enclosed proforma to avoid any inconvenience to the Scheduled Castes Persons. 215

3. It is further clarified that the following procedure is required to be followed by the Departments, Universities and other Educational Institutions, including Medical & Engineering, etc., with regard to the above subject matter:-

i) The competent authorities shown in Annexure 'A' to this letter shall issue certificates strictly in accordance with the given format at Annexures 'B', 'C', 'D' and 'E' to this letter.

ii) The Scheduled Castes Certificates/attested copy, irrespective of its date of issue, shall be accepted by the concerned authorities.

iii) The Backward Class Certificates in the prescribed proforma in accordance with the Punjab Government instructions No. 1/41/93-/rc 1/459 dated 17-1-1994, issued by the competent authority, shall be accepted by the concerned authorities.

iv) The concerned authorities will not devise their own formats, contrary to the onedevised by the Govt., to maintain uniformity.

v) The concerned authorities will verify the genuineness of the certificates within the period of two months after the admissions/appointments are made.

4. Please ensure meticulous compliance. Any departure from these instructions will amount to non-compliance of laid down procedure by the Govt. and may invite legal complications for which the defaulting Institution/College will be responsible.

Yours faithfully,

Sd/- Secretary to Govt. Punjab, Department of Welfare of Scheduled Castes & Backward Classes.

A copy is forwarded to all the Financial Commissioners, Principal Secretaries and Administrative Secretaries, Punjab Government for information and necessary action.

Sd/- Secretary Welfare

1. All the Financial Commissioners of the State. 2. All the Principal Secretaries of the State. 3. All the Administrative Secretaries of the State.

I.D. No. 1/41/96-RC-I/1003-1005 dated : Chandigarh 18-8-2004

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216

ANNEXURE 'A'

Competent Authority to issue Caste Certificates. a) Scheduled Castes:

i) District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/Ist Class Stipendiary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner (Not below the rank of Ist Class Stipendiary Magistrate).

ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

iii) Revenue Officer not below the rank of Tehsildar.

iv) Sub Divisional Officer(C) of the area where the candidate and or his family normally resides.

v) Administrator/Secretary to Administrator/Secretary to Administrator/ Development Officer Lakshadweep Islands. (Circulated vide No. 2/223/79-SWI/4337, dt. 8-6-90

vi) M.L.As of the concerned Constituency (Circulated vide No. 1/19/94-RCI/ 6045, dt. 15-7-94)

vii) Heads of the Departments or Heads of Offices and Heads of Institutions/Schools in favour of candidates seeking admissions, on the basis of Scheduled Castes certificates of the concerned person already issued by the competent authority and is available on the record. b) Backward Classes :

i) Sub Divisional Officer (C)

ii) Executive Magistrate

iii) Tehsildar

iv) Naib Tehsildar

v) Block Development Officer

vi) District Revenue Officer (Circulated vide No. 2/223/79-SWI/4337, dt. 8-6-90)

vi) M.L.As of the concerned Constituency (Circulated vide No. 1/19/94-RCI/6045, dt. 15-7-94)

------217

ANNEXURE 'B'

Form of Caste Certificate for Scheduled Castes

It is certified that Sh./Shrimati/Kumari______son/wife/daughter of Shri______of village/Town______District/Division______State of Punjab belongs to______Caste which has been recognised as Scheduled Caste as per The Constitution (Scheduled Castes) order 1950.

2. Shri/Shrimati/Kumari______and his/her family lives in village/Town______District/Division______of Punjab State.

Signature Designation Seal of office

Place______

Dated______

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218

ANNEXURE 'C'

Form of Caste Certificate of Backward Class

It is certified that Sh./Shrimati/Kumari______son/wife/daughter of Shri______village/town______District/ Division______of the State of Punjab belongs to the______Caste which has been recognised as Backward Class in terms of Punjab Government letter No.______dated______

2. This is also certified that he/she does not belong to any category of persons/sections mentioned in column 3 of the schedule to the Punjab Government, Department of Welfare letter No. 1/41/93-RCI/459 dated 17-1-1994.

3. Shri/Shrimati/Kumari______and or his/her/family ordinarily reside(s) in village/town______of District/Division______of the State of Punjab.

Signature______

Designation______

(With office seal of the officer concerned)

Place :

State :

Date :

------

219

ANNEXURE-D

Form of certificate to be issued by the respective heads of the Institutions/Schools in favour of candidates seeking admissons. ______

It is certified that Shri/Shrimati/Kumari______son/daughter of Shri______of village/town______District/Division______State of Punjab belongs to______caste which has been recognised as Scheduled Caste as per "The Constitution (Scheduled Castes) Order, 1950."

2. It is further certified that entry to this effect exists in the school record and a copy of Scheduled Caste Certificate issued by the competent Authority in favour of the candidate or the father of the candidate is also available in the school record.

3. Shri/Shrimati/Kumari______and his/her family lives in village/town ______District/Division______of the Punjab State.

Signature Designation Seal of Institution

Place______Date______

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220

ANNEXURE-E

Form of certificate to be issued by the respective heads of the departments or heads of office: ______

It is certified that Shri/Shrimati/Kumari______Son/daughter of Shri______of village/town______State of Punjab belongs to______caste which has been recognized as Scheduled Caste as per "The Constitution (Scheduled Castes) Order, 1950."

2. It is further certified that entry to this effect exists in the service record of Shri______father of ______who is employed in ______department of Punjab/Govt. of India.

3. Shri/Shrimati/Kumari______and his/her family lives in village/town ______District/Division______of the Punjab State.

Signature Designation Seal of office

Place______Date______

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221

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4H fJBQK jdkfJsK dh fJzB-fpzB gkbDk ehsh ikt/ ns/ gj[zu o;hd th G/ih ikt/ ih .

;jh$- ¢g ;eZso GbkJh . ;/tk fty/,

oki d/ ;w{j ftZsh efwFBo, gqw[Zy ;eZso ns/ gqpzXeh ;eZso, gzikp . nzL ftL gZL BzL 8$110$95-o; 1$1263 fwsh 6-10-2004 ------222

fgm nzL BzL 8$110$95-o; 1$1264 fwsh 6-10-2004

fJe ¢skok vkfJo?eNo, nB[;{fus ikshnK ns/ gZSVhnK Fq/DhnK GbkJh ftGkr ~ ;{uBK ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ¢g ;eZso GbkJh .

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223

BzL 1$13$2004-o; 1$1319-1323

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ;/tk fty/,

oki d/ ;w{j ftGkrK d/ w[yh vth}BK d/ efwFBo, fvgNh efwFBo, ofi;Noko gzikp s/ jfonkDk jkJh e'oN f}bQk s/ ;?FB iZi$¢g wzvb nc;o (f;tb)

fwsh, uzvhrVQ 19-10-2004 ftFkL- gzikp ;oeko dhnK ;/tktK ftZu nB[;{fus-ikshnK ns/ gZSVhnK Fq/DhnK tk;s/ ikoh ehshnK, foiot/FB dhnK jdkfJsK dh gkbDk eoB pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg dk fXnkB ;oeko d/ gZso BzL 1494-n?; vpb:{-1-74$8105 fwsh 4-5-1974, BzL 890-n?;H vpb:{-1-74$10619, fwsh 6-6-1974 ns/ BzL 7$1$90-nkoH ;hH-1$11374, fwsh 30-12-96 okjhI ikoh ehshnK jdkfJsK tZb fdtk e/ fJj efjD dh jdkfJs j'Jh j? fe fJ; gZso okjhI gzikp ;oeko tb'I nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK ~ ;/tktK (f;ZXh Gosh ns/ soZehnK) ftZu fo}ot/FB fdZs/ ikD bJh Bhsh s?n ehsh rJh j?, ns/ gzikp ;oeko tb'I ikoh ehsh rJh fo}ot/FB Bhsh$jdkfJsK ~ n;odko Yzr Bkb bkr{ eoB pko/ gZso BzL 400-ten (3)-69$14141, fwsh 27-5-1969 okjhI fbfynk frnk ;h, sK fe fo}ot tor ~ ;/tktK s/ nk;kwhnK ftZu pDdh gqshfBXsk fwb ;e/ . fJ; d/ Bkb jh fJj th ;{fus ehsk frnk ;h fe fijV/ ;oekoh nfXekoh fJBQK jdkfJsK dh gkbDk eoB ftZu e[skjh eoBr/, ¢BQK fto[X b"VhIdh ekotkJh ehsh ikt/rh . gozs{ fJj t/yD ftZu nkfJnk j? fe ftGkrK tb'I fo}ot/FB ;pzXh jdkfJsK dh ;[fjodsk Bkb gkbDk BjhI ehsh iKdh, fi; ekoB nB[;{fus-iksh ns/ gZSVh-Fq/Dh tor ~ okytK eoB Bhsh nB[;ko oki dhnK ;/tktK ns/ nk;kwhnK ftZu pDdh gqshfBXsk BjhI fwbdh . gzikp ;oeko, oki dhnK ;/tktK s/ nk;kwhnK (f;ZXh Gosh ns/ soZehnK) ftZu nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK ~ :'r gqshfBXsk fdZs/ ikD bJh tuB pZX j? .

2H nkg ~ p/Bsh ehsh iKdh j? fe GbkJh ftGkr, gzikp tb'I fo}ot/FB ;pzXh ;w/I-;w/A s/ ikoh ehshnK rJhnK jdkfJsK, i' ;oekoh dcsoK$ndkfonK, ;e{bK, ekbiK, :{Bhtof;NhnK, p'ovK, 224 ekog'o/FBK, f}bQk-gqhFdK, fwT{I;gb ew/NhnK, gzukfJs ;zwshnK ns/ j'o nkN'Bkw; pkvh} nkfd dhnK ;/tktK ftu bkr{ jB, dh fJzB-fJzB gkbDk ehsh ikt/ ns/ fo}ot torK ~ fBFus ehs/ o';No B[efsnK(100 B[eksh o';No) nB[;ko jh okytK eoB fdZsk ikt/ .

3H fJE/ w[V ;gZFN ehsk iKdk j? fe fijV/ ftGkr$nfXekoh, fo}ot/FB Bhsh dh gkbDk Bjh_ eoBr/$¢bzxDk eoBr/, ¢BQK fto[ZX Bk gkbDk eoe/, gk; ehs/ rJ/ j[ewK ¢gozs gqFk;fBe ns/ ek~Bh nVuBK pko/ ;pzXs wfjewk nkg i[zw/tko j't/rk . ftFtk;gkso ;jh$- (okw nk;ok ror) ¢g ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpZXeh ;eZsoK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh . ;/tk fty/, (1) oki d/ ;w{j ftZsh efwFBo . (2) oki d/ ;w{j gqw[Zy ;eZso . (3) oki d/ ;w{j gq[pzXeh ;eZso . nzL ftL gZL BzL 1$13$2004-o; 1$1324-1326 fwsh 19-10-2004 fgm nzL BzL 1$13$2004-o; 1$1327 fwsh 19-10-2004

fJ; dk fJe ¢skok vkfJo?eNo, nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK GbkJh ftGkr ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh . fgm nzL BzL 1$13$2004-o; 1$1328 fwsh 19-10-2004

fJ; dk fJe T[skok w?Ipo ;eZso, gzikp ;N/N FfvT{bv ek;N efwFB ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? . ;jh$- T[g ;eZso GbkJh .

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225

BzL 1$12$2004-o; 1$1410-1415 gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b) ;/tk fty/,

(1) oki d/ ;w{j ftGkrK d/ w[yh . (2) ofi;Noko, gzikp ns/ jfonkDk jkJh e'oN . (3) wzvbK d/ efwFBo} . (4) f}bQk ns/ ;?FB iZi$fvgNh efwFBo ns/ ¢g wzvb nc;o (f;tb) .

fwsh 2-11-2004 ftFk L- nB[;{fus-ikshnK ns/ gZSVhnK-F/qDhnK d/ w?IpoK ~ oki dhnK ;/tktK ftZu okytKeoB- fo}ot/FB o';No u?e eoB bJh f}bQk GbkJh nc;oK ~ nfXeko d/D pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg dk fXnKB GbkJh ftGkr d/ gZso BzL L 5410-n?;H vpb:{ 1-74$23477, fwsh 26-11-1974 okjhI ikoh ehshnK jdkfJsK tZb fdtk e/ fJj dZ;D dh jdkfJs j'Jh j? fe fJBQK jdkfJsK okjhIII oki ftZu okytK eoB Bhsh ~ ;jh Yzr Bkb bkr{ eoB bJh pDkJ/ rJ/ o';No ofi;NoK dh u?fezr eoB tk;s/ oki d/ f}bQk GbkJh nc;oK ~ ¢BQK d/ ;pzXs f}fbQnK ftZu ;fEs, ;oekoh dcsoK dh u?fezr eoB d/ nfXeko fdZs/ j'J/ jB .

2H fJE/ fJj ;gFN ehsk iKdk j? fe fJj jdkfJsK ni/ th bkr{ jB . fJ; bJh nkg ~ p/Bsh ehsh iKdh j? fe f}bQk GbkJh nc;oK ~ nkg d/ ftGkr$dcso ftZu o';No u?fezr eoB ;w/I tZX s'I tZX ;fj:'r fdZsk ikt/, sK i' nB[;{fus-ikshnK$gZSVhnK-Fq/DhnK d/ w?IpoK ~ oki dhnK ;/tktK ftZu pDdh gqsh fBXsk fdZs/ ikD bJh pDkJh rJh Bhsh ~ oki ftZu w[ezwb s"o s/ bkr{ ehsk ik ;e/ .

3H f}bQk GbkJh nc;oK tb'I o';No u?e ehs/ ikD d/ ;pzX ftZu j/mK nB[;ko ;/XK th ikoh ehshnK iKdhnK jB L-

(T) f}bQk GbkJh nc;o, ¢BQK eowukohnK d/ o';No ofi;No jh u?e eoBr/, fiBQK dhnK ;/tktK dk ekvo e/tb f}bQk gZXo dk jh j't/ ns/ ¢BQK dh fB:[esh eoB bJh ftGkr d/ f}bQk gZXo d/ w[yh nfXekoh jh ;woZE j'D .

226

(n) nkw jkbsK ftZu, ftfdne ;z;EktK ftZu dkyfbnK bJh fJzNoftT{ nkfd ftZu f}bQk GbkJh nc;o Fkfwb j'Dr/ . gqzs{ ;eZso GbkJh$vkfJo?eNo i/eo ukj[zD sK fe;/ j'o nfXekoh ~ th fJzNoftT{ ftZu G/i ;ed/ jB .

(J) f}bQk GbkJh nc;oK ~ fe;/ th jkbs ftZu, nkgDh gZXo s/, fe;/ th ftGkr dh fe;/ th nk;kwh ~ vh-fo}ot eoB dk nfXeko BjhI j? . fJj nfXeko e/tb gzikp ;oeko (GbkJh ftGkr) e'b jh j? .

(;) f}bQk GbkJh nc;o, f}bQk gZXo d/ ekvoK ~ SZv e/, gzikp b'e ;/tk efwFB, nXhB ;/tktK u'D p'ov, iK fe;/ fB:[esh-eosk J/iz;h dh whfNzr$fJzNoftT{ ftZu Fkfwb BjhI j'Dr/ ns/ Bk jh tZy-tZy e'o;K d/ dkyfbnK d/ ;pzX ftZu j'D tkbhnK oki gZXo dhnK whfNzrK$fJzNoftT{nK ftZu Fkwb j'Dr/ . fJBQK ;z;EktK$u'D ew/NhnK dhnK whfNzrK$fJzNoftT_{nK ftZu nfXekohnK d/ Fkwb j'D pko/ ;eZso GbkJh$vkfJo?eNo GbkJh tb'I jh ;w/I-;w/A s/ nkd/F ikoh ehs/ ikDr/ .

(j) f}bQk GbkJh nc;o, o';No u?fezr eoe/, fJz;g?eFB fog'oN ;oeko ~ G/iDr/ ns/ o';No ofi;No s/ T[Bh d/o sZe nzfsw fJzdok} BjhI eoBr/, fizBh d/o sZe ¢BQK tZb'I G/ih rJh fJz;g?eFB fog'oN ~ ;oeko tb'I gqtkBrh gqkgs BjhII j' iKdh .

4H fJBQK jdkfJsK$;/Xk dh fJzB-fpzB gkbDk ehsh ikt/ . ftFtk;gkso ;jh$- (okw nk;ok ror) ¢g ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBk s/ nrb/oh ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh . ;/tk fty/, (1) oki d/ ;w{j ftZsh efwFBo . (2) oki d/ ;w{j gqw[Zy, ;eZso . (3) oki d/ ;w{j gqpzXeh ;eZso . nz LftL gZL BzL 1$12$2004-o; 1$1416-18 fwsh 2-11-2004

227 fgm nzL BzL 1$12$2004-o; 1$1416-18 fwsh 2-11-2004

fJ; dk fJe ¢skok j/m fbfynK ~ G/fink iKdk j? L-

(1) vkfJo?eNo, nB[;{fus-ikshnK s/ gZSVhnK-Fq/DhnK GbkJh ftGkr, gzikp ~ ;{uBK ns/ nrb/oh ekotkJh bJh .

(2) oki d/ ;w{j f}bQk GbkJh nc;oK ~ G/i e/ fbfynk iKdk j? fe ;oeko dh okytK eoB (o';No ;pzXh) Bhsh, gzikp ;oeko , GbkJh ftGkr s'I s[ozs gqkgs eoe/ nkg'-nkgD/ f}fbQnK ftZu o';No u?fezr dk ezw s[ozs F[o{ ehsk ikt/ ns/ fog'oN ftF/F ;?b GbkJh-2 ns/ 3 ~ b'VhIdh x'y ehs/ ikD bJh, u?fezr dh fwsh s'I fJe jcs/ d/ nzdo-nzdo G/i/ ikD ~ :ehBh pDkfJnk ikt/ .

;jh$- ¢g ;eZso GbkJh .

fJ; dk fJe ¢skok ;[govzN, ftF/F ;?b GbkJh-2 ns/ 3 ~ G/i e/ p/Bsh ehsh iKdh j? fe fo}ot/FB (o';No) ;pzXh jdkfJsK dh Bhsh dk w[ezwb ;?N jo fJe f}bQk GbkJh nc;o, ~ s[ozs ¢gbZpX eok¢D dh y/ub ehsh ikt/ .

;jh$- ¢g ;eZso GbkJh .

;/tk fty/,

(1) ;[govzN ftF/F ;?b GbkJh-2 (2) ;[govzN, ftF/F ;?b GbkJh-3 nzL ftL gZL BzL 1$12$2004-o; 1$1419-1420 fwsh 2-11-2004

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228

BzL 1$8$2003-o; 1$1459-62

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

fwsh, uzvhrVQ 9-11-2004

;/tk fty/,

(1) oki d/ ;w{j ftGkrK d/ w[yh, (2) vth}BK d/ efwFBo . (3) fvgNh efwFBo . (4) ofi;Noko gzikp s/ jfonkDk jkJh e'oN .

ftFkL- nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK d/ w?IpoK ~ oki dhnK ;/tktK ftZu fB:[eshnK ns/ gd-¢BshnK ;w/I gpfbe ;?eNo nzvoN/fezr}, p'ovK, ekog'o/FBK, fwTI{;gb ew/NhnK, fwT{II;gb ekog'o/FBK, gzukfJs-;zwshnK, f}bQk gqhFdK, :{Bhtof;NhnK ns/ j'o nkN'Bkw; pkvh} ftZu okytKeoB Bhsh bkr{ eoB pko/ .

FqhwkB ih ,

w?~ ¢go'es ftF/ s/ nkg dk fXnkB ;oeko d/ gZso BzL 986- n?;H vpb:{-1-74$5791, fwsh 29-3-1974 ns/ gZso BzL 2622-n?;H vpb:{-2-75$20614 fwsh 2-9-1975 tZb fdtk¢D dh jdkfJs j'Jh j?, fizBQK okjhI oki dhnK ekog'o/FBK, p'ovK, gpfbe ;?eNo nzvoN/fezr}, fwT{I;gb ew/NhnK, fwT{II;gb ekog'o/FBK, gzukfJs ;zwshnK, f}bQk-gqhFdK ftZu fB:[eshnK ns/ gd-¢BshnK ;w/I oki ;oeko dh fo}ot/FB Bhsh bkr{ ehsh rJh j? . fJ; d/ Bkb jh fo;ou dhnK nk;kwhnK dh gqhGkFk fwsh 2-9-1975 dhnK jdkfJsK okjhI d;d/ j'J/ okytKeoB Bhsh bkr{ eoB bJh fbfynk frnk ;h .

2H ;oeko d/ fJj fXnkB ftZu nkfJnk j? fe oki ftZu ;fEs :{Bhtof;NhnK fe;/ Bk fe;/ pjkB/ Nhfuzr dhnK nk;kwhnK s/ fo}ot/FB bkr{ BjhI eo ojhnK . eJh tko :{Bhtof;Nh fJj efj e/ fo}ot/FB gkfb;h bkr{ BjhI eodh fe ¢BQK dhnK nk;kwhnK fo;ou dhnK jB ns/ fJj fo}ot/FB d/ dkfJo/ s'I pkjo jB . ¢BQK tb'I nyfsnko ehs/ rJ/ otZJhJ/ Bkb nB[;{fus-iksh$gZSVh-Fq/Dh tor ~ ;/tktK ns/ soZehnK ftZu pj[s B[e;kB j[zdk j? ns/ fJ; soQK :{Bhtof;NhnK okytK eoB Bhsh dh ¢bzxDk eo ojhnK jB . ftXkB ;Gk dh GbkJh ew/Nh tZb'I :{Bhtof;NhnK tZb'I, okytKeoB dh Bhsh ~ Bk bkr{ eoB bJh rzGhosk Bkb fbnk frnk j? . 229

3H fJZE/ fJj, ;gFZN ehsk iKdk j? fe e'Jh ;z;Ek iK :{Bhtof;Nh ¢d'I sZe fo;ou ;?INo BjhI nytk ;edh, id'I sZe ¢; ~ oki ;oeko iK e/Ido ;oeko tb'I fo;ou ;?INo x'fFs BjhI ehsk iKdk . fJZE/ fJj th ;gFN ehsk iKdk j? fe fe;/ nk;kwh ~ ;?IN/fce iK N?eBheb ¢d' sZe BjhI wzfBnk ik ;edk, id'I sZe ¢;~ Gkos ;oeko dhnK jdkfJsK BzL 85$11$;hH n?c-61(1) fwsh L 28-12-1961 ns/ BzL 9$2$73-n;N?L (n?;H ;hH NhH) fwsh L 23-6-1975 nB[;ko ebk;hckJh BjhI eotkfJnk iKdk . fJZE/ fJj th dZf;nk iKdk j? fe w?B{nb nkc fo}ot/FB ;kb 1995 d/ u?gNo-II d/ B[esk BzL 12 nXhB B'N-1 nB[;ko oki ftZu fJ; ;w/I conducting research or organising, guiding & directing research dh e'Jh nk;kwh w"i{d BjhI j? . fJ; bJh oki dhnK ;kohnK nk;kwhnK ftZu'I fe;/ nk;kwh ~ th fo}ot/FB d/ dkfJo/ s'I pkjo BjhI oZfynk ik ;edk . oki dhnK ;kohnK nk;kwhnK ftZu fB:[eshnK ns/ soZehnK ;w/I fo}ot/FB bkr{ j'D d/ Bkb Bkb oki tZb'I gqk:'fis (;gK;ov) ;w{j p'ovK, ekog'o/FBK, :{Bhtof;NhnK, fw¢I;gb ekT{II;b}, fwT{I;gb ekog'o/FBK, gzukfJs ;zwshnK, f}bQk gqhFdK ns/ nkN'Bkw; pkvh} nkfd ftZu nk;kwhnK s/ fB:[esh$gd-¢BshnK ;w/I oki dh okytKeoB Bhsh bkr{ j? .

4H fJ; bJh nkg ~ p/Bsh ehsh iKdh j? fe nkgD/ ftGkr ns/ nkg nXhB nk¢Id/ dcsoK, p'ovK, :{Bhtof;NhnK, ekog'o/FBK, fwT{_;gb ekT{II;b}, fwT{_;gb ekog'o/FBK, gzukfJs ;zwshnK, f}bQk gqhFdK ns/ j'o nkN'Bkw; pkvh} nkfd ftZu ;/tktK, fB:[eshnK ns/ gd ¢BshnK ;w/I oki ;oeko dh okytKeoB Bhsh bkr{ eoB$eok¢D dh y/ub ehsh ikt/ . fJjBK jdkfJsK dh fJzB-fpzB gkbDk eoB ~ :ehBh pDkfJnk ikt/ . ¢bzxDk eoB tkb/ ftGkrK, ;z;EktK ns/ ;pzXs nc;o$eowukoh nB[Fk;Bh ekotkJh bJh Gkrhdko j'Dr/ . ftFtk;gkso, ;jh$- (nkoH n?bH eb;hnk) ;eZso, gzikp ;oeko nB[;{fus-ikshnK s/ gZSVhnK-Fq/DhnK GbkJh ftGkr .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBK s/ nrb/oh ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh . ;/tk fty/, oki d/ ;w{j, ftZsh efwFBo, gqw[Zy ;eZso ns/, gqpzXeh ;eZso . nzL ftL gZL BzL 1$8$2003-o; 1$1463-65 fwsh 9-11-2004 230 fgm nzeD BzL 1$8$2003-o;-1$1466-69 fwsh 9-11-2004

fJ; dk fJe ¢skok j/m fbfynK ~ ;{uBk s/ nrb/oh ekotkJh bJh G/fink iKdk j? .

(1) vkfJo?eNo, nB[;{fus ikshnK s/ gZSVhnK Fq/DhnK GbkJh ftGkr, gzikp, uzvhrVQ .

(2) u/now?B, gzikp ;N/N FfvT{bv, ek;N; efwFB .

(3) oki ftZu ;fEs ;w{j, :{Bhtof;NhnK d/ ¢g e[bgsh .

(4) oki ftZu ;fEs, ;w{j p'ovK d/ u/now?B

;jh$- ¢g ;eZso GbkJh .

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231

BzL 1$22$2004-o;-1$1497-1500

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

(1) oki d/ ;w{j ftGkrK d/ w[yh . (2) ofi;Noko, gzikp s/ jfonkDk jkJh-e'oN . (3) wzvbK d/ efwFBo} . (4) f}bQk s/ ;?FB} iZi$fvgNh efwFBo} ns/ ¢g wzvb nc;o (f;tb) .

fwsh, uzvhrVQ 18 Btzpo, 2004

ftFkL- o';No ofi;No u?e eoB$eokT[D bJh u?e fb;N .

FqhwkB ih,

¢go'es ftF/ d/ ;pzX ftZu ;{fus ehsk iKdk j? fe oki ftZu nB[;{fus-ikshnK ns/ gZSVhnK- Fq/DhnK ~ ;/tktK ftZu fo}ot/FB fdZsh rJh j? . fJj fo}ot/FB fdZs/ ikD dk fj;kp feskp oZyD bJh jo ftGkr ftZu, jo e?Nkroh$ekvo bJh tZy'-tZyo/ o';No ofi;No fBFfus gq'ckow/ ftZu fsnko ehs/ iKd/ jB . okytKeoB Bhsh ~ ;jh Yzr Bkb bkr{ eok¢D bJh oki gZXo s/ d' ftF/F GbkJh ;?bK dh ;EkgBk ehsh j'Jh j? fizBQK dhnK o';No u?fezr gkoNhnK ;w/I ;w/I s/ tZy' tZyo/ ftGkrK d/ o';No ofi;No u?e eodhnK jB ns/ fJz;g?eFB fog'oN dh ekgh ;pzXs ftGkr ns/ wzr nB[;ko ftXkB-;Gk GbkJh ew/Nh ~ G/ih iKdh j? . fJj t/yD ftZu nkfJnk j? fe eJh ftGkrK tb'I o';No ofi;NoK dh u?fezr ;w/I, u?fezr gkoNhnK dh ikDekoh bJh b'VhIIdh ;{uBk$d;skt/} ¢gbZGX BjhI eotkJ/ iKd/ idfe fJj ;{uBk$d;skt/} ¢gbZGX eok¢D dh f}zw/tkoh ;pzXs ftGkr$dcso dh j[zdh j?, fi; eoe/ o';No u?fezr gkoNhnK ~ ;w[Zu/ Yzr Bkb u?fezr eoB ftZu fdZes g/F nk¢Idh j? .

2H u?fezr gkoNhnK e'b th, o';No ofi;NoK dh u?fezr F[o{ eoB s'I gfjbK, ekoi ;{uh dk j'Dk pVk }o{oh j? fit/I fe ¢BQK ~ u?fezr eoB s'I gfjbK fejV/-fejV/ d;askt/} ftGkr tZb'I b'VhId/ jB, ¢BQK B/ u?fezr eod/ ;w/I fejVhnK-fejVhnK rZbK dk fXnkB oZyDk j? ns/ u?fezr eoB ¢gozs ¢BQK B/ eh/ ekotkJh eoBh j? ns/ ;pzXs ftGkr B/ fejV/-fejV/ d;skt/} u?fezr gkoNh ~ ¢gbZGX eok¢D/ jB . fJBQK ;kohnK rZbK dk fXnkB oZyd/ j'J/ ftGkrK ns/ u?fezr gkoNhnK dh ;"y bJh fJZe u?e fb;N fsnko eoe/ fJ; gZso Bkb BZEh ehsh iKdh j? . 232

3H ;', nkg ~ p/Bsh ehsh iKdh j? fe fJ; u?e fb;N nB[;ko o';No u?fezr gkoNhnK ~ b'VhIdh ;{uBk/d;skt/}, u?fezr eoB s'I gfjbK ns/ u?fezr d"okB, ¢gbZGd eotkJ/ ikD ns/ u?fezr gkoNhnK ~ g{ok g{ok ;fj:'r fdZsk ikt/ . fJBQK jdkfJsK dh fJzB-fpzB gkbDk ehs/ ikD ~ :ehBh pDkfJnk ikt/ .

ftFtk;gkso, ;jh$- (nkoH n?bH eb;hnk) ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ;eZso GbkJh .

;/tk fty/, oki d/ ;w{j ftZsh efwFBo, oki d/ ;w{j gqw[Zy ;eZso, oki d/ ;w{j gqpzXeh ;eZso . nzL ftL gZL BzL 1$22$04-o; 1$1501 fwsh 18-11-2004 fgm nzL BzL 1$22$04-o; 1$1502 fwsh 18-11-2004

fJ; dk fJe ¢skok vkfJo?eNo nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK GbkJh, gzikp ns/ w?Ipo ;eZso gzikp ;N/N nL ikshnK efwFB ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ¢g ;eZso GbkJh .

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233

o';No ofi;No u?`e eok¢D/eoB bJh GbkJh ftGkr tb'I ikoh ehsh rJh u?`e fb;N

ftGkr tb'I u?fezr gkoNh ~ u?fezr eoB s'I gfjbK, j'o ;{uBk$d;skt/}K s'I fJbktk ¢gbZGX eotkJh ikD tkbh tXhe ;{uBk L-

(1) ftGkr dk Bkw

(2) ftGkr dhnK ;w[Zu/ ekvoK dhnK e?NkrohnK dk t/otk ns/ ekvo ;No?IE

(3) jo ekvo ftZu wB}{o-F[dk nk;kwhnK dh frDsh

(4) ekvo tko GohnK nk;kwhnK dh frDsh l (T) f;ZXh Gosh dhnK nk;kwhnK (n) soZeh dhnK nk;kwhnK

(5) eh ftGkr tb'I jo fJZe ekvo dk o';No ofi;No w/BN/B ehsk frnk j? <

(6) ekvo tko o';No B[efsnK dh frDsh L

(T) soZeh d/ o';No B[es/ GbkJh ftGkr d/ ;oe{bo Bzpo 1494-n?;H vpb:{-74$8105, fwsh 4-5-1974 ns/ ;oe{bo BzL 3180-n?;H vpb:{-70$893, fwsh 11-7-1971 nB[;kol

(n) f;ZXh Gosh d/ o';No B[es/ GbkJh ftGkr d/ ;oe{bo BzL 890-n?;H vpb:{ 1$74$ 10619,fwsh 6-6-1974 nB[;ko .

(7) i/eo fe;/ ekvo ftZu o';No ofi;No BjhI pDkfJnk frnk, sK ¢; pko/ w[ezwb ;{uBk ns/ d/oh d/ ekoB .

(8) eh e'Jh nk;kwh vh-fo}ot eotkJh rJh j? < i/eo j?, sK ¢; dk g{ok t/otk . i/eo BjhI eotkJh rJh sK ;fEsh ;gZFN ehsh ikt/ .

(9) eh GbkJh ftGkr tb'I vh-fo}ot nk;kwh dh gqtkBrh fdZsh j'Jh j?, i/eo j? sK fJ; pko/ GbkJh ftGkr d/ gZso dk jtkbk fdZsk ikt/, i/eo BjhI sK ;fEsh ;gZFN ehsh ikt/ .

(10) eh o';No ofi;No ;pzXs ftGkr d/ ;woZE nfXekoh$fB:[esh nfXekoh tb'I GbkJh ftGkr dhnK gZso BzL 15 (4) nkJhH n?;H;hH (vpb:{)-78 fwsh 30-8-1982 ftu do} jdkfJsK nB[;ko jo fswkjh pknd u?`e ehs/ rJ/ jB < 234

(11) eh nL iksh ns/ gL F/qDh d/ f;ZXh Gosh ns/ soZeh ;w/I w?foN$;hBhnkosk s/ nkJ/ ¢whdtkoK dk ns/ fo}ot/FB d/ nkXko s/ nkJ/ ¢whdtkoK dk fJzdok} o';No ofi;No ftZu ehsk frnk j? < t/ot/ ;fjs dZf;nk ikt/ .

(12) ftGkr tb'I p?ebkr w[ezwb eoB bJh eh :sB ehs/ rJ/ jB L

(T) f;ZXh Gosh dk p?ebkr g{ok eoB bJhl

(n) soZeh d/ ekvoK ftZu p?ebkr g{ok eoB bJh .

(13) eh e'Jh ekvo, xNdk ekvo (Diminishing Cadre) x'fFs ehsk frnk j? <

(14) ekvo tkJh} nL iksh ns/ gL Fq/Dh dk eh p?ebkr j? <

(15) ;pzXs ftGkr o';No u?fezr gkoNh ~ wzr$b'V nB[;ko b'VhIdk n;b foekov ftyk¢Dr/ . o';No u?fezr gkoNhnK bJh L

(16) jo ekvo dh sk}k ;hBhnkosk ;{uh fi; s/ fJj ;gZFN fbfynk j't/ fe fJj fe; ;w/I s'I fe; ;w/I sZe dh j? ns/ i' ;woZE nfXekoh tb'I j;skyos j't/, dh ekgh foekov bJh gqkgs ehsh ikt/ .

(17) u?fezr eoB s'I gfjbK t/y fbnk ikt/ fe eh o';No ofi;No mhe Yzr Bkb w/BN/B ehsk frnk j? ns/ eh fJ;~ ;woZE nfXekoh tb'I s;dhe ehsk frnk j? .

(18) i/eo u?fezr eoB s'I gfjbK u?fezr gkoNh e'b ;pzXs o';No ofi;No dh ekgh ¢gbZpX Bk j't/, sK fJ;~ ftGkr s'I gqkgs eo fbnk ikt/ .

(19) o';No ofi;NoK dh u?fezr eoB ¢gozs ;pzXs ofi;No s/ gqtkBs fJz;g?eFB fog'oN dh Fos Bkb ;[govzN tb'I j;skyo ehs/ ikD ns/ ¢; dh ekgh th foekov tk;s/ gqkgs ehsh ikt/ .

(20) nB[;{fus iksh ns/ gZSVh Fq/Dh d/ eowukoh i' nkgDh w?foN$;hBhnkosk s/ fB:[es$gd-¢`Bs j'J/ j'D, ¢BQK ~ fo}ot/FB s/ nkJ/ BjhI frfDnk ikt/rk .

(21) jo ekvo ;pzXh nzfsw fJz;g?eFB fog'oN fNgZDh ;fjs gqpzXeh ;eZso GbkJh ih dh gqtkBrh fjZs g/F ehsh ikt/ . 235

(22) o';No u?fezr gkoNh fJj :ehBh pDkJ/ fe i/eo fe;/ ekvo dh nk;kwh e?ohckotov ehsh rJh j?, sK eh ¢;~ vh-fo}ot eoB bJh fejk frnk ;h < i/eo BjhI, sK jdkfJsK dh gkbDk Bk eoB d/ ekoD dZ;/ ikD .

(23) o';No u?fezr gkoNhnK dhnK f;ckoFK, i/eo j'D, fJz;g?eFB fog'oN ftu nzfes ehshnK ikD .

(24) o';No u?fezr gkoNh, fi; ftGkr dh u?fezr eoBh j?, tZb GbkJh ftGkr d/ bzfps jtkfbnK dh ;{uBk fo}ot/FB ;?`b s'I gqkgs eoe/ ¢BQK w;fbnK pko/ th fog'oN fbnk¢Dr/ .

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236

ftGkrh soZeh ew/Nh dhnK whfNzrK bJh GbkJh ftGkr d/ B[wkfJzd/ bJh whfNzr ftZu fjZ;k b?D bJh u?`e fb;N .

1H ftGkrh soZeh ew/Nh dh whfNzr ftZu ikD s'AII gfjbK ;pzXs ftGkr s'I o';No u?fezr dh fog'oN gqkgs ehsh ikt/ ns/ u?fezr fog'oN gqkgs ehs/ fpBK e'Jh nfXekoh whfNzr ftZu Fkwb j'D bJh Bk ikt/ .

2H whfNzr nkozG eoB s'I gfjbK jo ekvo dh ;hBhnkosk fb;N dh ekgh gqkgs ehsh ikt/ .

3H fJ; rZb ~ fXnkB ftZu oZfynk ikt/ fe o';No ftZu fe;/ gqeko dh e'Jh oZd'-pdb Bk j't/ .

4H fijV/ nB[;{fus iksh d/ eowukoh nkgDh ;hBhnkosk s/ fB:[es j'J/ jB, T[BQK ~ fo}ot/FB dh gqshFssk dk fj;kp brkT[Id/ ;w/I fo}ot B[efsnK fto[ZX Bk frfDnk ikt/ .

5H fJj t/fynk ikt/ fe eh p?ebkr g{ok eoB bJh e'Jh ykbh B[esk sK BjhI oZfynk <

6H n;kwhnK dh vh-fo}ot/FB GbkJh ftGkr dh gqtkBrh T[gozs jh ehsh ikt/rh .

7H vhHghH;hH dh whfNzr dk nizvk B'N whfNzr dh fwsh s'I 15 fdB gfjbK gqkgs j'Dk ukjhdk j? .

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237

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Notification

No. 9/12/2003-RC-I/1606 Dated Chandigarh 10-12-2004

In compliance with the directions of the Hon'ble Supreme Court given in its Judgment dated 2-09-1994 delivered in Civil Appeal No. 5854 of 1994 (arising out of SLP (Civil) No. 14767 of 1993) Kumari Madhuri Patil and others v/s Additional Commissioner, Tribal Development and others. (AIR 1995 Supreme Court 1994), the Governor of Punjab is pleased to constitute a Vigilance Cell in the Directorate of Welfare of Scheduled Castes and Backward Classes, Punjab, consisting of following members to investigate the genuineness of Social Status Certificates:-

(1) Director, .. Incharge of Vigilance Cell Welfare of Scheduled Castes and Backward Classes, Punjab.

(2) Joint Director, .. Member Welfare of Scheduled Castes and Backward Classes, Punjab.

(3) District Welfare Officer .. Member of the district concerned.

2. Functions of Vigilance Cell, as per directions of the Hon'ble Supreme Court given in the case of Kumari Madhuri Patil, are as under:-

(i) It shall work as nodal agency for checking the genuineness of Social Status Certificate in the State on receiving the complaints from citizens and all the Departments in the State.

(ii) It shall arrange the inquiry by sending its officers/officials to the local place of residence and original place where the concerned candidate hails from and usually resides, or in case of migration, in the town or city, the place where he originally hailed from. District Welfare Officer shall personally verify and collect all the facts of Social Status claimed by the candidate, parents or guardian as the case may be. He shall also examine the school record, birth registration, if any. He shall also examine the parents, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of Social Status of the candidate and then submit a report to the Director Welfare, Punjab, together with all particulars relating to the peculiar anthropological and ethnological traits.

(iii) On receipt of the report from District Welfare Officer, if it is found that the claim for the Social Status is not genuine or it is "doubtful" or spurious or falsely 238

or wrongly claimed, Director Welfare shall issue Show Cause Notice, with a copy of the report of Vigilance Officer, to the candidate by a registered post with Acknowledgement Due or through the Head of concerned Educational Institution/Office in which the candidate is studying or employed. Notice shall be issued to the parents/guardian in case the candidate is minor to appear before the Committee with all evidence in his/her favour. It shall be indicated in the notice that representation or reply, if any, shall be made within two weeks from the date of receipt of the notice and in no case, on request, not more than thirty days from the date of receipt of notice.

(iv) After the expiry of limitation period of the notice, Director Welfare of Scheduled Castes and Backward Classes, Punjab shall place the case along with any representation/ reply, if any received, before the Scrutiny Committee for examination and passing appropriate orders against the guilty persons.

These directions shall be meticulously followed by all concerned.

R. L Kalsia Secretary to Government of Punjab, Department of Welfare of Scheduled Castes and Backward Classes, Chandigarh.

No. 9/12/2003 RCI/1607-1611 dated : Chandigarh, the 10-12-2004

A copy is forwarded to

1. All the Heads of the Departments in the State, 2. Commissioners of Divisions in the State, 3. All Deputy Commissioners in the State, 4. Registrar, Punjab and Haryana High Court, 5. All District and Sessions Judges in the State, with the request that all cases relating to verification of Social Status Certificates where the genuineness of such Certificates is in question, may kindly be sent to the Vigilance Cell in the Directorate of Welfare for Scheduled Castes and Backward Classes, Punjab, Chandigarh.

Sd/- (Ram Asra Garg) Deputy Secretary Welfare.

239

No. 9/12/2003-RCI/1612 dated: Chandigarh 10-12-2004

A copy is forwarded to the Director, Welfare of Scheduled Castes and Backward Classes, Punjab, Chandigarh for information and meticulous compliance.

Sd/- (Ram Asra Garg) Deputy Secretary Welfare

A copy is forwarded to all Financial Commissioners/Principal Secretaries and Administrative Secretaries to Govt. of Punjab in the State, for information and meticulous compliance.

Sd/- (Ram Asra Garg) Deputy Secretary Welfare

No. 9/12/2003-R.C.1/1613 Dated Chandigarh : 10-12-2004

All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to Government of Punjab Chandigarh.

I.D.No. 9/12/2003-R.C.1/ Dated

No. 9/12/2003-R.C.1/1614 Dated Chandigarh : 10-12-2004

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above Notification may please be published in the Punjab Government Gazette and supply 450 copies of the notification to this department for offical use.

Sd/- (Ram Asra Garg) Deputy Secretary Welfare

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240

GOVERNMENT OF PUNJAB DEPARTMENT OF WELFARE (RESERVATION CELL)

Notification

No. 9/12/2003-RC-I/1615 Dated Chandigarh 10-12-2004

In compliance with directions of Hon'ble Supreme Court given in its Judgement dated 2-09-1994 delivered in Civil Appeal No. 5854 of 1994 (arising out of SLP (Civil) No. 14767 of 1993) Kumari Madhuri Patil and others V/s Additional Commissioner, Tribal Development and others. (AIR 1995 Supreme Court 1994), the Governor of Punjab is pleased to constitute a State Level Scrutiny Committee consisting of the following members to verify the Social Status Certificates:-

1. Special/Additional/Joint/Secretary .. Chairperson to Govt. of Punjab Department of Welfare of Scheduled Castes and Backwards Classes.

2. Director/Additional Director, .. Convener-Member Welfare of Scheduled Castes and Backward Classes, Punjab.

3. An IAS/P.C.S. Officer of .. Member the Revenue Department not below the rank of Joint Secretary to Govt. Punjab.

Apart from the above, the Committee may also associate the Joint Secretary/Joint Director of the concerned department as and when required.

Functions of the Committee :

2. (i) The Director Welfare, on receipt of the report from the District Welfare Officer, if he finds the claim for Social Status to be "not genuine" or "doubtful" or spurious or falsely or wrongly claimed, shall issue show cause notice, supplying a copy of the report of District Welfare Officer, to the candidate, by registered post with Acknowledgement Due, or through the Head of the concerned Educational Institution/Department in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice, and in no case, on request, not more than 30 days from the date of the receipt of the notice. In case the candidate seeks an opportunity of hearing and claims an inquiry to be made in that behalf, the Director Welfare, on receipt of such representation/reply, shall convene the meeting of the Committee, and the Special/Additional Secretary and Chairperson shall give reasonable opportunity to the candidate/parents/guardian to adduce all evidence in support of their claim. A public notice by beat of drum or any other 241

convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity, either in person or through counsel, the Committee may make such inquiry as it deems expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.

2. (ii) In case the report is in favour of the candidate and his/her claim is found to be genuine and true, no further action need to be taken except where the report or the particulars given and procured are found to be false or fraudulently obtained and in the latter event, the same procedure as is envisaged in para 2. (i) be followed.

2. (iii) Notice contemplated in para 2 (i) above should be issued to the parents/guardian also, in case the candidate is minor, to appear before the committee with all evidence in their/his support of the claim for the Social Status Certificate.

2. (iv) The inquiry should be completed as expeditiously as possible preferably by day- to day proceeding within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate, within one month from the date of conclusion of the proceedings, the result of the inquiry to the parents/guardian and/or the applicant.

2. (v) In case the certificate obtained or the Social Status claimed is found to be false, the parents/guardian/the candidate should be prosecuted for making false claim. If the prosecution ends in conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude and disqualification for elective posts or offices under the State or the Union or election to any Local Body, Legislature or Parliament.

2. (vi) As soon as the finding is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the concerned Educational Institution or the Appointing Authority by registered post with Acknowledgment Due, with the request to cancel the admission or the appointment. The Principal etc. of the Educational Institution responsible for making the admission or the Appointing authority should cancel the admission/appointment without any further notice to the candidate and debar the candidate for further study or to continue in office in the post.

2. (vii) The Hon'ble Supreme Court of India in the case of Kumari Madhuri Patil and another V/S Additional Commissioner, Tribal Development and others AIR 1995 SC94 has, interalia, further laid down that the order passed by the Committee shall be final and conclusive subject to the proceedings under Article 226 of the Constitution of India.

R.L.Kalsia, Secretary to Govt. Punjab Department of Welfare of Scheduled Castes and Backward Classes. 242

No. 9/12/2003-R.C.I/1616 Dated Chandigarh; 10-12-2004

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh, with the request that the said Notification may please be published in the punjab Goverment Gazette and supply 450 copies of this notification to this department for official use.

Sd/- ( Ram Asra Garg) Deputy Seceratry Welfare.

No 9/12/2003-R.C.1/1617-22 Dated Chandigarh,the 10.12.2004

A copy is forwarded to the following for information and meticulous compliance.

1. The Director, Welfare of Scheduled Castes and Backward Classes, Punjab.

2. All the Heads of the Departments of the State of Punjab.

3. Commissioners of the Divisions.

4. All Deputy Commissioners in the State.

5. Registrar, Punjab & Haryana High Court.

6. All Sub-Divisional Officers (Civil) in the State.

Sd/- (Ram Asra Garg) Deputy Secretary welfare.

A copy is forwarded to All Financial Commissioners/Principal Secretaries and Administrative Secretaries in the State, for information and meticulous compliance.

Sd/- (Ram Asra Garg) Deputy Secretary Welfare. To

1. All the Financial Commissioners in the State.

2. All the Principal Secretaries in the State.

3. All the Administrative Secretaries in the State.

No.9/12/2003-R.C.1/1623 Dated Chandigarh 10.12.04

------243 BzL7$21$2004-o;-1$1674-1677

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

(1) ;w{j ftGkrK d/ w[yh . (2) vth}BK d/ efwFBo . (3) ofi;Noko gzikp s/ jfonkDk jkJh e'oN . (4) oki d/ ;ko/ fvgNh efwFBo .

fwsh, uzvhrVQ 20-12-2004 ftFk L- iBob w?foN ftZu nkJ/ nB[;{fus-iksh d/ ftfdnkoEhnK ~ ;e{bK, ekb}K, seBheh, w?vheb ns/ gq'c?FBb ;z;EktK ftZu dkyb/ ;w/I fo}ot/FB gkfb;h nB[;ko fo}ot B[efsnK s/ Bk frDB pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ fJj dZ;D dh jdkfJs j'Jh j? fe nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK d/ ¢whdtkoK ~ oki dhnK ;/tktK ftZu okytKeoB d/D bJh gzikp ;oeko tZb'I gZso BzL 1244-UH n?;H vhH (vpb:{) i?v-70$19996 fwsh 30-7-1970 okjhI ikoh ehshnK jdkfJsK ftZu j/mK nB[;ko ;gZFN ehsk frnk j? L-

"There is no bar to a large number of posts being secured by the members of the Scheduled Castes/Backward Classes. In consequence the members belonging to the Scheduled Castes/Backward Classes, who get selected on merit list (In the case of direct recruitment) and those who become eligible for promotion to next higher posts by virtue of their seniority-cum- fitness should not be included, while calculating percentage of the reservation meant for Scheduled Castes/Backward Classes." 2H fJ; ¢gozs nkoH e/ ;ZGotkb e/; ftZu wkB:'r ;[gohw e'oN tb'I fdZs/ c?;b/ d/ nkXkos ;oeko dhnK gZso BzL 3$8$98-nko ;hH 3$4853, fwsh 10$12-7-1995 ~ ikoh ehshnK rJhnK jdkfJsK okjhI th j/mK nB[;ko ;gZFN ehsk frnk j? L-

"While calculating the percentage of reservation as prescribed in Govt. instructions from time to time the officials/officers appointed/promoted on the seniority-cum-merit basis belonging 244 to the reserve categories will be excluded from the number of reserve categories working in the particular cadre." 3H oki dhnK ftfdne, seBheh, w?vheb ns/ gq'c?FBb ekbiK$;z;EktK ftZu fJ; ;w/I nB[;{fus- ikshnK bJh 25% ns/ gZSVhnK-Fq/DhnK bJh 5% ;hNK okythnK ehshnK j'JhnK jB . nB[;{fus- ikshnK$gZSVhnK-Fq/DhnK dhnK GbkJh ;z;EktK tZb'I ;oeko d/ fXnkB ftu fbnKdk frnk j? fe fo}ot tor d/ ¢BQK ftfdnkoEhnK ~ fijV/ iBob fb;N ftZu w?foN s/ nkJ/ jB, ~ th okytKeoB dh gqshFssk dk fj;kp-feskp brk¢Id/ ;w/A fo}ot e'N/ ftZu frfDnk ik fojk j? . ftfdne ;z;EktK tZb'I ngDkfJnk ikD tkbk fJj o[MkB fo}ot torK d/ ¢whdtkoK ~ dkyb/ b?D ;w/I, ¢BQK ~ fdZsh ikD tkbh pDdh gqshfBXsk bJh pVk B[e;kBd/j j?, fe¢I i' fJj o[MkB ;oeko dhnK ;/tktK ftZu ngDkJh iKdh Bhsh d/ nB[;ko BjhI j? . nB[;{fus-ikshnK$gZSVhnK-Fq/DhnK GbkJh ;z;EktK ;oeko dhnK ¢es do;kJhnK jdkfJsK d/ ;Bw[Zy fo}ot ¢whdtkoK bJh dkyb/$;/tktK ftZu ehs/ ¢gpzX d/ nB[o{g ehs/ ikD dh wzr eo ojhnK jB .

4H ;oeko tb'I fJ; wkwb/ ~ rzGhosk Bkb ftukfonk frnk j? ns/ fJj wfj;{; ehsk frnk j? fe fo}ot e?Nkroh Bkb ;pzXs ftfdnkoEh ¢whdtkoK ~ ftfdne, seBheh, w?vheb ns/ gq'c?FBb ekbiK$;z;EktK ftZu dkyb/ th fo}ot e?Nkroh d/ ¢whdtkoK bJh ;/tktK ftZu ngDkJh Bhsh d/ nB[o{g fdZs/ ikD/ ukjhd/ jB . fJ; bJh ;oeko tZb'I fJj c?;bk ehsk frnk fe fo}ot e?Nkroh Bkb ;pzXs T[BQK ftfdnkoEhnK, fijV/ iBob fb;N ftZu w?foN s/ nkJ/ j'D, ~ ;oeko dhnK jdkfJsK nB[;ko fo}ot e?Nkroh dh fb;N s'I pkjo oZfynk ikt/rk, Gkt ¢BQK ~ fo}ot B[efsnK s/ BjhI frfDnk ikt/rk .

5H fJj jdkfJsK nkg d/ nXhB nk¢Id/ ;w{j ftGkrK$nc;oK$ftfdne, seBheh, w?vheb ns/ gq'c?FBb ;z;EktK iK j'ot/II Yzr Bkb fJ; wkwb/ Bkb ;pzXs j'D d/ fXnkB ftZu ;{uBk ns/ fJzB-fpzB gkbDk fjZs fbnk¢D dh y/ub ehsh ikt/ .

ftFtk;gkso, ;jh$- (okw nk;ok ror)

¢g ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ¢g ;eZso GbkJh .

245

;/tk fty/,

(1) oki d/ ;w{j ftZsh efwFBo . (2) oki d/ ;w{j gqw[Zy ;eZso . (3) oki d/ ;w{j gqpzXeh ;eZso . nzL ftL gZL BzL 7$21$2004-o; 1$ fwsh L fgm nzL BzL 7$21$2004-o; 1$ fwsh L

fJ; dk fJe ¢skok j/m fbfynK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? L-

(1) vkfJo?eNo, nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK, GbkJh ftGkr, gzikp .

(2) w?Ipo ;eZso gzikp ;N/N efwFB cko FfvT{bv ek;N;, ewok BzL 8, u"Eh wzfib, gzikp f;tb ;eZso/s, uzvhrVQ .

;jh$- ¢g ;eZso GbkJh .

------

246

BzL$2$27$2004-o;1$1763-1767

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

oki d/ ;w{j, ftGkrK d/ w[Zyh, vth}BK d/ efwFBo, fvgNh efwFBo, ofi;Noko, gzikp s/ jfonkDk jkJh-e'oN, f}bQk s/ ;?FB} iZi, ns/ ¢g wzvb nc;o (f;tb) .

fwsh, uzvhrVQ 30-12-2004 ftFk L- nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK ~ oki dhnK ;/tktK ftZu okytKeoB fdZs/ ikD dh ftXh pko/ fo}ot/FB o';No ftZu fBFfus B[efsnK nB[;ko d/D pko/ .

FqhwkB ih,

w?~ ¢go'es ftF/ s/ nkg dk fXnkB gzikp ;oeko d/ gZso BzL 1$26$2000-o; 1$441, fwsh 8-6-2000 tZb fdtk e/ fJj efjD dh jdkfJs j'Jh j? fe fJ; gZso ftZu nB[;{fus ikshnK ns/ gZSVhnK_-Fq/DhnK ~ oki dhnK ;/tktK ftZu pDdh gqshfBXsk fdZs/ ikD bJh o';No Bhsh ~ bkr{ eoB pko/ ft;Eko g{ote dZf;nk frnk j? . fJ; gZso d/ g?ok 1 (IV) ftZu fJj ;gZFN ehsk frnk j? fe fo}ot/FB fe;/ th ekvo dhnK e[b nk;kwhnK ftZu pDd/ o';No B[efsnK nB[;ko fdZsh ikt/rh . fJj th ;gZFN ehsk j? fe fo}ot/FB dk fj;kp brk¢D bJh rfDs ftXh Bkb gqshFssk BjhI eZYh ikDh ns/ Bk jh fo}ot/FB dk fj;kp fJeZbh fJeZbh nk;kwh s/ brkfJnk ikDk j? . pbfe fo}ot/FB jo/e ekvo bJh, Utonkb 100 B[eksh o';No ftZu fBFfus ehs/ B[efsnK nB[;ko jh fdZsh ikDh j? .

2H fJj t/yD ftu nkfJnk j? fe e[M ftGkr S'N/ ekvoK ftZu, yk; eoe/ 2 s'I b? e/ 7 sZe dhnK g';NK d/ ekvoK ftZu fo}ot/FB bJh gqshFssk dk fj;kp o';No B[efsnK nB[;ko Bk brk e/ rfDs ftXh Bkb brk¢Id/ jB ns/ fo}ot tor bJh pDd/ o';No B[efsnK s/ fo}ot tor d/ ¢whdtkoK ~ skfJBks eoB s'I fjueuk¢Id/ jB ns/ eJh tkoh vhH ghH ;hH dhnK whfNzrK ftZu th gd- ¢`BshnK d/ e/; ftukod/ ;w/I fJ; pko/ pfj; eod/ jB ns/ nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK ~ 247

100 B[eksh o';No nB[;ko fBFfus ehs/ B[es/ d/D bJh fsnko BjhI j[zd/ . ¢BQK dh dbhb nB[;ko, S'N/ ekvoK ftZu, o';No B[es/, 100 B[eksh o';No nB[;ko, fdZs/ ikD Bkb fo}ot tor dh gqshfBXsk 25%, 20% iK 14% s'I tZX iKdh j? .

3H fJ; ;pzX ftZu dZf;nk iKdk j? fe GbkJh ftGkr, nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK bJh, oki dhnK ;/tktK ns/ j'o y/soK ftZu gqshfBXsk fdtk¢D bJh, fo}ot/FB Bhsh pDk¢D dk ;woZE ftGkr j? . nihs f;zx izi{nk-11 iZiw?IN ftZu wkB:'r ;[gohw e'oN B/ oki ;oeko d/ fJ; nfXeko ftZu e'Jh dyb BjhI fdZsk . oki ;oeko tb'I ;zftXkB ftZu ehs/ ¢gpzX nB[;ko, oki ftZu okytKeoB Bhsh bkr{ ehsh rJh j? ns/ nB[;{fus-ikshnK ns/ gZSVhnK-Fq/DhnK ~ oki dhnK ;/tktK ftZu gqshfBXsk fdZs/ ikD bJh nkgD/ gZXo s/ okyt/I e'N/ fBFfus ehs/ rJ/ jB . fJBQK e'fNnK ~ bkr{ eoB bJh 100 B[eksh o';No fsnko ehsk j'fJnk j?, fi; nB[;ko fo}ot torK ~ gqshfBXsk fdZsh iKdh j? . fJBQK o';NoK ftZu fBFfus ehs/ B[efsnK nB[;ko jh oki ftZu Gosh ns/ soZehnK ehshnK iKdhnK jB . nkoH e/H ;ZGotkb e/; ftZu th c?;bk fdzd/ j'J/ wkB:'r ;[gohw e'oN B/ fo}ot/FB dk fj;kp brk¢D bJh, Utonkb 100 B[eksh o';No ~ jh nkXko wzB e/ o';No B[es/ fdZs/ ikD dk f}eo ehsk j? .

4H fiZE'I sZe xZN nk;kwhnK d/ ekvoK ftZu rfDs ftXh Bkb fj;kp brk¢Id/ j'J/ fo}ot/FB dh wksok 25%, 14% ns/ 20% s'I tX ikD d/, ftGkrK tb'I ehs/ ikD tkb/ fezs{-gqzs{ dk ;pzX j?, fJ; pko/ ;gZFN ehsk iKdk j? fe fJzdok ;kjBh e/; ftZu wkB:'r ;[gohw e'oN tb'I c?;bk ;[Dk¢IfdnK fejk frnk j? fe ;zftXkB dh Xkok 16 (4) nXhB gZSVhnK-Fq/DhnK, fizBQK ftZu gzikp oki dhnK nB[;{fus- ikshnK ns/ gZSVhnK-Fq/DhnK d't/I Fkfwb jB, ~ ;/tktK ftZu fdZs/ ikD tkbh fo}ot/FB 50% s'I BjhI tXDh ukjhdh . fJ; soQK i/eo 2 nk;kwhnK s'I b? e/ 4 nk;kwhnK d/ ekvoK ftZu fJZe nk;kwh fo}ot ehsh j? ns/ i/eo 5, 6 ns/ 7 nk;kwhnK d/ ekvoK ftZu 100 B[eksh o';No ftZu fBFfus ehs/ B[efsnK nB[;ko 2 B[es/ fo}ot ehs/ jB, sK th fo}ot/FB dh gqshFssk 50% s'I BjhI tXdh . fJ; soQK oki ;oeko d/ fJ; c?;b/ Bkb wkB:'r e'oN d[nkok fo}ot/FB ;pzXh fBoXkos ehsh ;hwK dh th e'Jh ¢bzxDk BjhI j[zdh . fJE/ fJj w[V dZf;nk iKdk j? fe fo}ot/FB w?B{nb d/ 1995 d/ u?gNo IX B'N-2 ns/ GbkJh ftGkr dhnK jtkb/ nXhB jdkfJsK okjhI gfjbK jh ;gZFN ehsk ik u[Zek j? fe okyt/IeoB dk fj;kp rfDs ftXh Bkb BjhI brkfJnk ikDk ns/ Bk jh jo/e nk;kwh s/ o';No ofi;No d/ fjZ;/ pDk e/ brkfJnk ikDk j? . okyt/IeoB dk fj;kp e/tb 100 B[eksh o';No ftu fBFfus ehs/ B[efsnK nB[;ko jh brkfJnk ikDk j? . GbkJh ftGkr dhnK jdkfJsK fwsh 10$12-7- 1995 nB[;ko nkgDh ;hBhnkosk-ew-w?foN s/ nkJ/ nB[;{fus-ikshnK ns/ gZSVh-Fq/Dh d/ ¢whdtkoK ~ okytKeoB dk fj;kp brk¢Id/ ;w/I fo}ot/FB ftZu BjhI frfDnk ikDk .

5H fJ; bJh w[V ;gZFN ehsk iKdk j? fe Gosh ns/ soZehnK ;w/I nB[;{fus-ikshnK$gZSVhnK- Fq/DhnK ~ jo frDsh d/ ekvoK ftZu gqshfBXsk e/tb 100 B[eksh o';No okjhI fBFfus ehs/ B[efsnK nB[;ko jh fdZsh ikDh j? . fo}ot/FB fdZs/ ikD bJh rfDs ftXh nB[;ko gqshFssk BjhI eZYh ikDh ns/ Bk jh fJj fj;kp fJeZbh-fJeZbh nk;kwh s/ o';No ofi;No ~ fjZf;nK ftZu tzv e/ brkfJnk ikDk j? . 248

6H fJ; bJh w[V p/Bsh ehsh iKdh j? fe fJj jdkfJsK nkgD/ nXhB ezw eo oj/ dcsoK$nc;oK$eowukohnK d/ fXnkB ftZu fbnk fdZshnK ikD ns/ fJzBQK dh gkbDk eoB$eok¢D ~ :ehBh pDkfJnk ikt/ .

ftFtk;gkso, ;jh$- (okw nk;ok ror) ¢g ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ¢g ;eZso GbkJh . ;/tk fty/,

oki d/ ;w{j ftZsh efwFBo}, oki d/ ;w{j gqw[Zy ;eZso, oki d/ ;w{j gqpzXeh ;eZso . nzL ftL gZL BzL 2$27$04-o; 1$1768-1770 fwsh 30-12-2004 fgm nzL BzL 2$27$04-o;1$1771 fwsh 30-12-2004

fJ; dk fJe ¢skok vkfJo?eNo nB[;{fus-ishnK ns/ gSVh-Fq/DhnK GbkJh ftGkr ns/ w?Ipo ;eZso, gzikp oki nB[;{fus-ikshnK efwFB uzvhrVQ ~ ;{uBk ns/ ekotkJh bJh G/fink iKdk j? . ;jh$- ¢g ;eZso GbkJh .

------

249

BzL 9$8$2004-o;1$1778-1783

gzikp ;oeko GbkJh ftGkr (fo}ot/FB ;?b)

;/tk fty/,

oki d/ ;w{j L

1H ftGkrK d/ w[Zyh l 2H ofi;Noko, gzikp s/ jfonkDk jkJh e'oN l 3H vth}BK d/ efwFBo} l 4H fvgNh efwFBo} l 5H f}bk s/ ;?FB} iZi l 6H ¢g wzvb nc;o (f;tb) .

fwsh 31-12-2004 ftFk L- nB[;{fus-ikshnK ns/ gZSVh-Fq/DhnK d/ ¢wdhtkoK bJh oki dhnK ;/tktK ns/ gpfbe ;?eNo nzvo-N/fezr} nkfd ftu okytKeoB dh Bhsh bkr{ eoB pko/ . o';No u?fezr gkoNhnK ~ nfXekohnK$eowukohnK dh fB:[esh ns/ ;hBhnkosk ;pzXh foekov$d;skt/} g/F eoB pko/ .

Fqh wkB ih,

w?~ ¢go'es ftF/ s/ nkg dk fXnkB fJ; ftGkr d/ rL ;L gL BzL 15(4)-nkJhHn?;H ;hH (vpb:{)-78$7704 fwsh 30-8-1982 okjhI ikoh ehshnK rJhnK jdkfJsK tZb fdtk¢D dh jdkfJs j'Jh j? fiBQK okjhI GbkJh ftGkr dhnK u?fezr gkoNhnK okjhI ftGkrK d/ o';No ofi;No ;w/I ;w/I s/ u?`e ehs/ iKd/ jB . o';No u?fezr gkoNhnK okjhI ;oeko d/ fXnkB ftu nkfJnk j? fe u?fezr ;w/I ftGkr, ¢BQK ~ fe;/ th ekvo dh Gosh$soZeh d/ n;b j[ewK dh ckJhb ns/ ;hBhnkosk ;{uh BjhI fdyk¢Id/ fi; eoe/ ¢BQK ~ ftGkrK tb'I nB[;{fus-ikshnK$gZSVhnK-Fq/DhnK ~ fdZsh rJh fo}ot/FB dh ;jh ;fEsh dk gsk BjhI brdk ns/ Bshi/ ti'I eJh t/oK gqGktsK tb'I nekoB jh w[eZdw/pk}h ehsh iKdh j? fi; ~ b'e fjZs ftZu BjhI ;wfMnk ik ;edk . nB[;{fus-ikshnK$gZSVhnK-Fq/DhnK ~ Gosh ;w/I s'I jh ¢BQK dk fjZ;k d/D ns/ ;oeko ~ w[edw/pk}h ftu g?D s'IIA d{o oZyD bJh fJj }o{oh j? fe okytKeoB Bhsh ~ bkr{ ehs/ ikD bJh w[ZY ftu jh j'JhnK p/fB:whnK ~ mhe ehsk ikt/ fi; bJh }o{oh j? fe o';No u?fezr gkoNhnK ~, ¢gbZGX ;kok foekov fdykfJnk ikt/ . 250

2H fJ; eoe/ nkg ih ~ p/Bsh ehsh iKdh j? fe GbkJh ftGkr dhnK o';No u?fezr gkoNhnK ~ o';No u?fezr ;w/I, u'D ;z;EktK tb'I ehshnK rJhnK f;\koFK, fB:[esh-eosk nfXekoh tb'I ;pzXs ekvo ftu ikoh ehs/ fB:[esh gZso ns/ nE?_Nhe/fNv ;hBhnkosk g/F eoe/ oki ftu fo}ot/FB Bhsh ~ ;jh Yzr Bkb bkr{ ehs/ ikD bJh ;fj:'r fdZs/ ikD ~ :ehBh pDkfJnk ikt/ .

ftFtk;gkso ;jh$- (okw nk;ok ror) ¢g ;eZso GbkJh .

fJ; dk fJe ¢skok oki d/ ;w{j ftZsh efwFBoK, gqw[Zy ;eZsoK ns/ gqpzXeh ;eZsoK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? .

;jh$- ¢g ;eZso GbkJh . ;/tk fty/,

oki d/ ;w{j L 1H ftZsh efwFBo}, 2H gqw[Zy ;eZso, 3H gqpzXeh ;eZso . nzL ftL gZL BzL 9$8$2004-o; 1$1784-86 fwsh 31-12-2004 fgm nzeD BzL 9$8$2004-o;1$1787-88 fwsh 31-12-2004

fJ; dk fJe ¢skok j/m fbfynK ~ ;{uBk ns/ nrb/oh ekotkJh bJh G/fink iKdk j? L- 1H vkfJo?eNo, nB[;{fus-ikshnK ns/ gZSVh-Fq/DhnK GbkJh ftGkr, gzikp, uzvhrvQ .

2H w?Ipo ;eZso, gzikp ;N/N efwFB cko FfvT{bv ek;N; ewok BzL 8, u"Eh wzfib, gzikp f;tb ;eZso/s, uzvhrVQ .

;jh$- ¢g ;eZso GbkJh .

------251

The Constitution (Scheduled Castes) order 1950 and (Amendment) Act, 1976, (Amendment) Act, 2002 and (Second Amendment) Act, 2002

Part XIV- Punjab List of Scheduled Castes

1. Ad Dharmi 2. Balmiki,Chura,Bhangi 3. Bangali 4. Barar,Buar,Berar 5. Batwal,Barwala 6. Bauria,Bawaria 7. Bazigar 8. Bhanjra 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Ramdasia Sikh, Ravidasia, Ravidasia sikh 10. Chanal 11. Dagi 12. Darain 13. Deha, Dhaya,Dhea 14. Dhanak 15. Dhogri,Dhangari,Siggi 16. Dumna, Mahasha,Doom 17 Gagra 18. Gandhila,Gandil,Gondola 19. Kabirpanthi,julaha 20. Khatik 21. Kori,Koli 22. Marija,Marecha 23. Mazhabi,Mazhabi Sikh 24. Megh 25. Nat 26. Od 27. Pasi 28. Perna 29. Pherera 30. Sanhai 31. Sanhal 32. Sansi,Bhedkut,Manesh 33. Sansoi 34. Sapela 35. Sarera 36. Sikligar 37. Sirkiband 38. Mochi

------252

LIST OF BACKWARD CLASSES/OTHER BACKWARD CLASSES DECLARED BY THE PUNJAB GOVT.

______

Sr. No. Name of Caste Notification vide which declared as Date upto which BC/OBC declared as Backward Class ______

1 2 3 4 ______

1. Aheria, Aheri, Heri, Naik, 6961-WG-53/62307 dated 21-8-1953 For indefinite Thori or Turi period 2. Barra -do- -do- 3. Beta, Hensi or Hesi -do- -do- 4. Changar -do- -do- 5. Chirimar -do- -do- 6. Daiya -do- -do- 7. Gwaria, Gauria or Gwar -do- -do- 8. Kanjar or Kanchan -do- -do- 9. Kurmi -do- -do- 10. Nar -do- -do- 11. Rehar, Rehara or Re -do- -do- 12. Ghirath including Chang -do- -do- and Bahti 13. Kahar, Jhinwar or Dhinwar 11096-WG-55/53380 dated 3-9-1955 -do- 14. Ghasi, Ghasiara or Ghosi 11096-WG-55/53380 dated 3-9-1955 -do- 15. Bagria 1520-WG-56/3429 dated 8-9-1956 -do- 16. Raigar -do- -do- 17. Weaver (Jullaha) -do- -do- 18. Labana 28585-WG-56/6014 dated 6-10-1956 -do- 19. Gorkhas 14980-WGII-57/106352 dated -do- 7/13-12-1957 20. Kumhars (including 5815-WG-II-58/21759 dated -do- Parjapats) 15/19-3-1958 21. Dhobis 12393-WG-II/58/56330 dated -do- 14-7-1958 22. Nais (including Sub 3059/WG(C)56/8/26 dated -do- Caste "Kuleen Brahman") 10/12-11-1956 * *14352-WG-II-58/19938 (3496 ch) dated 24/27-11-1958

______

253

______

1 2 3 4 ______

23. Kamboj 9139-WG-11-59/38383 dated for five years 9/23-12-1959 14755-4WG-1/64/28528 dated Till further order 24-12-1964 2763-4WGI-65/2431 dated upto 8-12-1966 1-3-1965 1470-SW (Asc)67/1287 dated upto 8-12-1968 29-5-1967 4075-SW-6-69/12883 dated upto 8-12-1973 24-5-1969 1783-6SW-4BC-74/5144 dated upto 8-12-1978 22-3-1974 1235(SWA-3)79/2249 dated for indefinite 27-4-1979 period 24. Rai Sikhs 9139-WG-11-59/38353 dated for indefinite 9/23-12-1959 period 25. Barwar -do- -do- 26. Barai Tamboli -do- -do- 27. Baragi, Bairagi -do -do- 28. Batterha -do -do- 29. Bharbhunja, Bharbhuja -do- -do- 30. Bhat, Bhatra, Darpi, -do -do- Ramiya 31. Bhuhalia Lohar -do -do- 32. Chang -do- -do- 33. Chimba, Chhippi,Chimpa, -do -do- Darzi, Tank 34. Dakaut -do- -do- 35. Dhimar, Mallah,Kashyap, -do- -do- Rajputs. 36. Dhosali, Dosali -do -do- 37. Faquir -do- -do- 38. Gadraria -do -do- 39. Gawala, Gowala 9139-WG-11-59/38353 dated for indefinite 9/23-12-1959 period 40. Hajjam, Nai/Sain* 9139-WG-11-59/38353 dated for indefinite 9/23-12-1959 period *10/10/982-SCWI/1393 dated 18-12-2001

______254 ______

1 2 3 4 ______41. Jhangra Brahman 9139-WG-11-59/38353 dated for indefinite 9/23-12-1959 period 42. Khati -do -do 43. Jogi Nath -do- -do- 44. Kangohra -do -do- 45. Rachband -do- -do- 46. Thathora, Tampora -do- -do- 47. Kuchband -do- -do- 48. Vanzara -do- -do- 49. Lakhera, Manihar -do- -do- 50. Lohar -do- -do- 51. Madari -do- -do- 52. Mirasi -do- -do- 53. Nalband -do -do- 54. Noongar -do- -do- 55. Pinja, Penja -do- -do- 56. Shorgir -do- -do- 57. Singhikant, Singhiwal -do- -do- 58. Soi -do- -do- 59. Teli -do- -do- 60. Christians (converted 4813-6SW-72/6047 dated for indefinite from S.C. Caste) 16-8-1972 period 61. Daula or Soni Bradri 7066-6SW-73/1145 dated -do- 31-1-1974 62. Arain 4836-6SW-74/29BC/9535 dated -do- 22-5-1974 63. Gujjar 6816-6SW-12BC-74/13359 dated for five years 12-7-1974 2799-SWA-3/79/26569 dated for indefinite 12-9-1979 period 64. Sanyasi, Sadhu, Sanyasi 8/76/95/2SCW-I/7802 dated Declared as OBC Bawa 19-9-1996 for indefinite period 65. Buzroos 8/76/95/2SCW-I/7802 dated -do- 19-9-1996 66. Mehra Rajputs 8/76/95/2SWC-I/484 dated -do- 2-5-1997 67. Soni Rajputs Corrigendum vide No. 8/76/95-2SCW- -do- I/530 dated 15-5-2001 68. Ramgarhia, Tarkhan 8/21/99-2SCWI/982 dated -do- & Dhiman 22-8-2001 69. Kachhi (Shakya, 10(10)98-2SCWI/638 dated -do- Maurya and Kushwaha) 27-6-2003 ______255

FIT FOR INDEXING

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CIVIL WRIT SIDE

CIVIL WRIT PETITION NO. 3882 of 1981 AND CIVIL MISC. NO. 226/1982

1. Joginder Singh Sethi, Clerk, Office of the Chief Engineer, Punjab Irrigation Department, Chandigarh. 2. Ram Rattan Kaushal, Clerk, Office of the Chief Engineer, Irrigation Department, Chandigarh. 3. K.C. Pathania, Clerk, Office of the Chief Engineer, Punjab Irrigation Department, Chandigarh. 4. Harbhajan Singh, Junior Stenographer, Office of the Chief Engineer, Irrigation Department, Chandigarh. 5. Devinder Singh, Clerk, Office of the Chief Engineer, Punjab Irrigation Department, Chandigarh. 6. Kushwant Singh Clerk, Office of the Chief Engineer, Punjab, Irrigation Department, Chandigarh. 7. Jarnail Singh, Clerk, Office of the Chief Engineer, Punjab Irrigation Department, Chandigarh. 8. Avinash Chander, Clerk, Office of the Chief Engineer, Punjab Irrigation Department, Chandigarh.

....Petitioners. Versus

1. Punjab Government through Secretary, Irrigation, Civil Secretariat Building, Chandigarh. 2. Chief Engineer, Irrigation of Punjab, Sector 18, Chandigarh. 3. Makhan Jit Singh, Clerk, Chief Engineer, Punjab, Irrigation Department, Chandigarh. 4. Harbans Singh, Clerk, Chief Engineer, Punjab Irrigation Department, CWP 3882/81 Chandigarh. 5. Kulwant Singh, Clerk, Chief Engineer, Punjab Irrigation Department, Chandigarh. 6. Piar Singh, Clerk, Chief Engineer, Punjab Irrigation Department, Chandigarh.

.....Respondents.

Petition under Article 226/227 of the Constitution of India praying that the instructions contained in Annexure p 2 be declared void and ultra-vires of the Constitution of India.

Further praying that respondent 3 to 6 be not promoted to the post of Assistant during the pendency of the writ petition as they are junior and no reservation in excess can be made. 256

CIVIL MISC. No.266/1982

Application under section 151 of the civil procedure code praying that the state be directed not to promote any Junior Scheduled Castes on the basis of reservation in excess of 20%.

Further praying that the respondent Nos. 3 to 6 promoted during the pendency of the petition be reverted.

Dated the 25th May, 1982.

PRESENT

THE HON'BLE THE CHIEF JUSTICE MR. S.S. SANDHAWALIA THE HON'BLE MR. JUSTICE I. S. TIWANA.

For the petitioner Mr. J.K. Sibal with Mr. Sukhdev Khanna Advocates.

For the Respondent Mr. M.J.S. Sethi, Addl. A. G. with Mr.Ujagar Singh and Mr. Nirmal Singh for the State.

JUDGEMENT

I. S. Tiwana, J

The short but significant controversy raised in this petiton under Article 226 of the Constitution of India relates to the interpretation of Government instructions dated July 30, 1970 printed at page 178 of the Government publication known as (Compendium of Punjab Government Instructions, 1977 edition), (here in after reference to the pages of this book could only be made whenever necessary) and their clarification vide Government instructions No. 4/2/79-SW-I/7649, dated January 7, 1980. The controversy between the parties is decided with reference to the facts which relate to the point of time when it is was filed on August 15, 1981. The following undisputed facts give rise to the various contentions raised.

The petitioners and respondents No. 3 to 6 who are employed as Clerks and Junior Scale Stenographers in the office of the Chief Engineer, Irrigation Department, Punjab, Chandigarh, and undisputably have a common seniority are entitled to be promoted to the posts of Assistants, in the said Department. Petitioners are senior to Respondents No. 3 to 6 as per the seniority list, Annexure p-2. These respondents who belong to Scheduled Castes/Tribes and Backward Classes, were likely to be promoted when this petition was filed, on the basis of the above *noted instructions relating to reservation in the services of the State for such members of the society. As the anticipated promotions of these respondents were not stayed at the time of the motion hearing of the petition, they have admittedly been so promoted during the pendency of this petition. Obviously these promotions and a few other similar promotions on the same basis during the pendency of this petition are subject to the result of this petition. 257

C.W.P. 3882/81 The State Government vide its instructions dated August 23, 1966 (at 106) provided for 20% reservation in promotion for members of the Scheduled Castes/Tribes and 2% for members of Backward Classes in class III and IV services. On the relevant date out of a cadre strength of 202 posts of Assistants in the Punjab Irrigation Department under the control of the Chief Engineer, the Scheduled Castes & Backward Classes people were holding 47 posts. The respondent authorities were contemplating to fill in eight more posts of Assistants in this Department through promotion from amongst the Clerks and Junior Scale Stenographers when this petition was filed. As the petitioners were apprehensive that respondents Nos 3 to 6 were going to be promoted on the basis of the above noted instructions relating to reservation of posts for members of Scheduled Castes/Tribes and Backward Classes, they filed the present petition to thwart those promotions.

The primary contention raised in this petition in that out of the cadre strength of 202 posts of Assistants, the members of Scheduled Castes/Tribes and Backward Classes are entitled to only 42 posts and there being *already 47 members of this category in that cadre, they were already in excess of the percentage of 20% reserved for such categories of people. Though this factual position is not disputed by the respondents official as well as non-official yet the explanation on their side is that out of the 47 persons holding the posts of Assistants in this Department on the date when this petition was filed. 10 incumbents belonging to the Scheduled Castes had been promoted in their own right in the general list on the basis of their seniority-cum- merit and had not availed of the above noted instructions relating to the reservation of posts and thus according to these respondents there being only 38 persons who had been promoted against the reserved points as per the roster prescribed in the instructions at page 107, the representation of this class of people is still less than the prescribed norm.

As per the factual position, as stated in the petition and the return of the respondents, which as already indicated, is not in dispute, the whole controversy boils down to this as to whether these incumbents who have been promoted to the posts of Assistants on the basis of their seniority-cum-merit and independently of the above noted instructions dealing with the reservation of posts for these classes of people, have to be counted while determining the percentage of posts held by them. Mr. J.K.Sibal, learned counsel for the petitioners urges with some *amount of vehemence that not only the primary rationale or basis for introducing reservations in government services for members of the Scheduled Castes/Tribes and Backward Classes is to provide them adequate representation in the services of the state on the basis of their population, but the clarification made by the Government vide its instructions dated January 7, 1980 also clearly lays down that the various reserved points made for the members of the Scheduled Castes/Tribes and Backward Classes be not filled by persons not belonging to these classes till the representation of the members of the Scheduled Castes/Tribes and Backward Classes is completed. In a nut shell, Mr. Sibal submits that the members of the Scheduled Castes/Tribes and Backward Classes can take advantage of the above noted instructions of the Government till their percentage in the services (20% for the Scheduled Castes/Tribes and 2% for the Backward Classes) comes upto the prescribed limit whether on the basis of these instructions for independently of the same. The case of the respondents, as already pointed out, is that the members of the Scheduled Castes/Tribes and Backward Classes, who get promotion in their own turn in the general category, cannot be taken notice of for determining the percentage of the posts held by these classes of people in the Government service. In order to appreciate the contention raised by Mr. Sibal, a detailed reference to the instructions dated January 7, 1980, which do not form the part of the above noted 258

Compendium of instructions is necessary and the same are re-produced hereunder:--

"I am to invite your attention to the Punjab Government letter No. 12444-SD(W)-2- 70/19996 dated 30th July, 1970 in which it had been made clear that the members of the Scheduled Castes/Tribes appointed or promoted in direct recruitment on the basis of qualifications and in promotion on the basis of seniority-cum-fitness are not to be counted for purpose of reservation. It is necessary to explain in this regard that on enquiry it has been observed that in some Departments members of the Scheduled Castes and Backward Classes going on the basis of qualifications/seniority-cum-fitness are counted for the purpose of reservation. It is not proper, representation of Scheduled Castes/Backward Classes is still much less than the fixed percentage. Keeping in view this it is clear that the members of the Scheduled Castes/Backward Classes appointed or promoted againsed reserved points on the basis of their qualifications and seniority-cum- fitness are not to be counted for the purpose of belonging to the Scheduled Castes/Backward Classes so that their representation may be completed."

Mr. Sibal urges that as in the case of reservation of seats for Scheduled Castes/Tribes and Backward Classes in the various legislative bodies (Article 330 of the Constitution of India) Parliament as well as State Assemblies on the basis of population the reservation in Government services too has to be provided for primarily on the basis of population of such Castes/Tribes and Classes. In this regard he also makes a reference to the instructions of the Government printed at 92/93 relating to the grant of protection of Scheduled Castes/Tribes and Other Backward Classes employees against reduction/retrenchment in Government services where in it has been stated:--

"The protection in the matter of retrenchment can be given to the extent of prescribed reservation only vis. 20% percent Scheduled Castes/Tribes and 2% for Backward Classes to each category respectively, irrespective of the fact that these Castes/Classes gained at the cost of each other at the time of recruitment earlier."

Besides this, he also makes a reference to the instructions dated Septmber 7, 1963 printed at page 51 wherein it is mentioned that on the basis of the latest figures of population as enumerated in the last census operation, the Government has decided to increase the reservation in favour of members of Scheduled Castes/Tribes and Backward Classes in case of new appointments from 19% to 20%. Independently of this, Mr. Sibal further points out that the last lines of January 7, 1980 instructions which though have been styled as a clarification of the earlier instructions yet have the same legal status or enforcibility as earlier instructions for having emanated from the same authority which had issued the earlier instructions when these talk of that the members of the Scheduled Castes/Tribes and Backward Classes appointed or promoted on the basis of their qualifications and seniority-cum-fitness are not to be counted for the purpose of reservation and the reserved points be filled up by some other persons belonging to the Scheduled Castes/Tribes and Backward Classes, till their representation may be completed are also indicative and acceptance of the same criteria, i. e., reservation on the basis of population. According to the learned counsel, the only implication of these instructions is that till the members of the Scheduled Castes/Tribes and Backward Classes achieve the prescribed percentage of 20% and 2% respectively, the posts meant for them at reserved points cannot be thrown open to the persons of the general category and in case the prescribed percentage is attained by the members of the Scheduled Castes/Tribes and Backward Classes, then the members of these classes 259 cannot avail of the said instructions of the Government. After giving our thoughtful consideration to the entire matter, we find a lot of merit in this contention of the learned counsel.

The learned counsel for the respondents urged with equal amount of vehemence on the basis of certain judgments of the Supreme Court and various High Courts and Government can in a given situation reserve posts for members of the Scheduled Castes/ Backward Classes upto 50% of such posts even beyond that in order to give representation to the interest of the members of the Scheduled Castes and Backward Classes and that type of instructions of the Government cannot be held to be either invalid or contrary to the provisions of the Constitution of India. We think it is wholly unnecessary to go into the details of this question for the short reason that before us it is not the validity or legality of any instructions which is impugned, but the only case of the petitioners is that in the light of the latest instructions styled as clarification January 7, 1980- Scheduled Castes/Backward Classes employees are entitled to avail of the above noted instructions of the Government till their representation in the services is completed or comes upto the prescribed limit and not beyond that.It is not a matter of dispute before us that the sole purpose of making a special provision of reservation in favour of members of Scheduled Castes/Backward Classes in Government services is intended to promote the development of the society as a whole and to give adequate representation to Backward communities. Thus a reasonable balance has to be struck between the claims of the Backward Classes and those of the other employees. This policy of reservatrion cannot be used for creating monopolies or for unduly disturbing the legitimate interests of other employees. Unlimited reservation or even reservation beyond the reasonable limit is bound to entrench upon the principle of equality before law or equal opportunity in joining the Government service "embodied in the Constitution of India. It appears that it is in the light of these principles that the instructions dated January 7, 1980, have been issued and the solitary implication of these instructions is that the members of the Scheduled Castes/Backward Classes appointed or promoted on the basis of their qualifications and seniority- cum-fitness are not to be counted for the purpose of reservation and the reserved points cannot be filled by some other persons not belonging to Scheduled Castes/Backward Classes till the representation of the latter classes of people is completed. As already pointed out, this representation is in proportion to the population of the Scheduled Castes and Backward Classes people.

Mr. Sethi, the learned Additional Advocate General, appearing for the respondent authorities, however, submits that to find out the adequacy of representation given to the members of the Scheduled Castes and Backward Classes, an overall picture of the employees of this class of people in the services of the State has to be taken notice of and not their strength in a particular cadre. We do not find any logic or rationale in this submission of Mr. Sethi. It may be that while fixing the percentage in favour of the Scheduled Castes and Backward Classes people, on the basis of their population, the Government may take notice of their strength in the various services of the Government, yet it has not mean that on the basis of these instructions a particular cadre in a Department can be made to the manned by the members of the Scheduled Castes/Backward Classes to the extent of 100% or an abnormal extent. It cannot plausibly be argued that the total strength of the Scheduled Castes and Backward Classes people being less than 20% and 2% respectively in the various Departments of the Government, they can be allowed to grab all the posts of Assistants in the Irrigation Department on the ground that even then the total strength of such employees or incumbents may not reach upto the prescribed limit. This position is made more than clear by the following extracts from the instructions of Government itself dated August 5, 1967, printed at page 111 which purport to have been issued by the clarification of the earlier instructions dated August 23, 1966, providing for reservation in favour of the Scheduled 260

Castes and Backward Classes :--

(ii) Under the existing instructions there is reservation at 22 percent (20 percent for ScheduledCastes/Scheduled Tribes and 2% for the Backward Classes) in direct recruitment to all classes of State Services where the same percentage of reservation is applicable in promotional posts in Classes III and IV services only. The intention of these instructions is that there will be reservation to this extent in all cadres irrespective of the fact whether the posts are filled exclusively by direct recruitment or by promotion or partly by promotion and partly by direct recruitment. To make it more clear if in a cadre of 100 posts, 25% posts are filled by direct recruitment and 75 percent posts are filled by promotion, the members of the Scheduled Castes/Scheduled Tribes should get 5 posts out of the 25 posts to be filled by direct recruitment and 15 posts out of the 75 posts to be filled by promotion. This will give them 20 posts which are reserved for them.

(iii) The instructions contained in para 2(4) (b) of Punjab Government letter, dated 23rd August, 1966, are applicable in those cases only where the cadre strength is less than five and not to the cadres having a strength of five or more. In the latter case the usual procedure will be observed, i. e. the very first vacancy will be reserved for the members of Scheduled Castes, etc. notwithstanding the number of vacancies available at a particular time (Emphasis supplied) Thus we find no force in the submission of Mr. Sethi that while working out the percentage of the extent to which the posts of Assistants in the Irrigation Department are to be filled up, we have to look to the overall strength of the Scheduled Castes and Backward Classes employees in the various Departments of the Government.

In the light of the above discussion, it is patent that the Scheduled Castes/Backward Classes people can take advantage of the reservation made in their favour on July 30, 1970 till their representation in the cadre of Assistants in the Irrigation Department of the Punjab Government is reached or completed and not beyond that. For working out this percentage the promotees/appointees in this cadre whether on the basis of reservation or otherwise have to be taken notice of. In the light of this conclusion of ours we hold that any promotions of the members of Scheduled Castes and Backward Classes made beyond the prescribed limit on the basis of the above noted instructions of the Government are void and non set. We, therefore, direct the respondent authorities to consider the case of the petitioners for promotion in the light of the observations made above and the rules applicable to them. We, however, pass no order as to costs.

Sd/- I. S. Tiwana Judge May 25, 1982 I agree. sd/- S. S. Sandhawalia True Copy Chief Justice Words : 3575 Costs : 9.00 P Copies : 14 Sd/- Ty: Bye: Kripal Supervisor Copy Branch.

(To be referred to the Reported) ------261

ANNEXURE 'A'

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

PETITIONERS (S) APPELLANT(S)

CMP Nos- 3569-70/83 in (CA Nos 3326 & 3327/82)

THE STATE OF PUNJAB Joginder Singh Sethi & Ors Respondent (s)

( for clarification of Courts Order dated 19-10-82 )

Date : 8-2-83 This matter was called on for hearing today

CORAM :

Hon'ble Mr. Justice RN Bhagwati Hon'ble Mr. Justice RS Pathak Hon'ble Mr. Justice Amarendra Nath Sen.

For the petitioners (s)/Appellant (s) : Mr. Sukhdev Khanna Mr. G. K. Bansal Advots.

For the Rs Mr. S. C. Birla, Adv.

For the Petr. Mr. L. N. Sinha, Attny. Gnl. Mr. D. D. Sharma Adv.

For the Respondant (s) Mr. P. P. Rao, Sr. Adv. M/S R.C. Bhatia, PC Kapoor Advs.

For the Res. Mr. P.K. Jain Adv.

UPON hearing counsel the Court made the following

ORDER

We made it clear by our order dated 19-10-82 that there will be an interim order of stay against reversion of any of the persons already appointed on the basis of instructions issued by the Government of Punjab which have been held to be invalid by the judgement of the High Court impugned in these appeals and writ petitions. We do not think that there is any doubt in regard to what we said namely that no Scheduled Caste and Scheduled Tribe employee who has already 262 been appointed or promoted pursuant to the instructions of the Government of Punjab shall be reverted but so far as the future appointments/promotions are concerned these shall be made according to the judgement of the High Court and these will be ultimately subject to the result of the writ petition and the appeals. If the government makes any appointments/promotions in accordance with the judgement of the High Court the State Government will make it clear in the letter of appointment/promotion that the appointment/promotion is subject to the result of the writ petition and the appeals so that there is no dificulty in future in case the High Court judgement is reversed by this court. It appears that certain doubts were raised in regard to the last part of our order as a result of which applications for contempt have been taken out against the State Government and its officers. We are making this order in order to clear doubts, if any, so that the State Government and its officers may be in a position to carry out our order without any difficulty. We have already directed the appeals and writ petitions will be heard on 30-11-82 subject to overnight part heard matter but unfortunately due to heavy pressure of work it has not been possible to place them on board for final hearing on 30-11-82. We would direct that appeals and writ petitions be heard peremptorily subject to overnight part hear matter on 8-3-1983.

Advocate for the respondent states before us that in view of the clarification given by us the respondents will withdraw their application for contempt.

Sd/- Court Master.

------

263

(FIT FOR INDEXING)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CIVIL WRIT SIDE

(CIVIL WRIT PETITION NO. 10952 of 1988)

1. Jaswant Singh, PES, Class I, at present on deputation as Secretary, Punjab Schools Education Board, Mohali.

2. Mrs. Prem Jindal, Deputy Director, State Council of Educational Research and Training, Chandigarh.

.....Petitioners.

Versus.

1. The Secretary to Govt. Punjab, Education, Department, Chandigarh.

2. Shri Pritam Singh Khalsa, Additional Director, Adult Education, o/o Director Public Education, Punjab, Chandigarh.

3. Smt. Darshan Kaur, Principal in Service Govt. Training Centre, Ludhiana. ...Respondents.

(This case was referred to Larger Bench by Hon'ble Mr. Justice S.D. Bajaj on 29-5-1989 for decision of the conflicting approach of two Division Benches of this Court. The Larger Bench consisting of Hon'ble the Chief Justice Mr. Ramaswami, Hon'ble Mr. Justice S.D. Bajaj and Hon'ble Mr. Justice G.R. Majithia decided the matter on 23-8-1989).

Writ Petition Under Articles 226/227 of the Constitution of the India praying that this Hon'ble Court be pleased to issue ;

C.W.P. No. 10952 of 1988. a) a writ in the nature of Mandamus directing the respondents to implement the judgement reported as 1982(2) S LR page 307, joginder singh Sethi and others versus State of Punjab and others, and the instructions issued on 18.2.83 (Annexure p-7)

264 C.W.P. No. 10952 of 1988 b) a writ in the nature of mandamus declaring that the promotion of respondent No.2 on the post of Additional Director Adult Education is void, honest and contrary to the directions issued by the Hon'ble Supreme Court of India in c.m.p. Nos. 3569-3570 of 1983 in C.A. Nos 3326 & 3327 of 1982. c) a writ in the nature of Mandamus irecting the respondents to consider and promote the petitioners on the post of Direcor Public Instrution (Schools) Punjab in accordance with P.E.C. Class Rules . d) a writ in the nature of prohibition restraining the respondent no.1 from promoting/appointing any member of the Scheduled Castes on the post of Director Public Instructions( Schools) Punjab. e) Filling of certified copies of annexures be dispensed with. f) Issuance of advance notices of motion on the respondents be dispensed with. g) cost of this petition be also awarded in favour of the petitioners.

Dated the 23rd August,1989

PRESENT.

THE HON'BLE THE CHIEF JUSTICE MR. V.RAMASWAMI THE HON'BLE MR. JUSTICE S.D. BAJAJ THE HON'BLE MR. JUSTICE G. R. MAJITHIA

For the Petitioners: Mr.S.S.Nijjar,Advocate Bar-at-law & Shri Puneet Jindal,O.P. Alipuria & T.P.Singh Advocates.

For the Respondents: Mr.H.S.Riar Senior D.A.G(Pb.) for respondent No. 1. Sh.R.K.Chopra Advocate for respondent No. 2. Shri M.L.Sibal Senior Advocate,(S/Shri R.K.Handa,R.C.Satia,Nipum Mittal & R.S.Rai Advocate with him) for respondent No 3. S/Shri K.B. Bhandari,Pardeep Bhandari & Vivek Bhandari Advocates also for respondents No 3. Shri G.K.Chathrath Advocate also for respondents Nos 2 &3.

Dated the 29th May 1989.

THE HON'BLE MR. JUSTICE S.D. BAJAJ.

For the petitioners:- Mr S.S. Nijjar and Mr Puneet Jindal,Advocates.

For the State: Mr K.P.Bhandari,A.G.Punjab with Mr.I.P. Singh Advocate. Mr. R.K. Chopra,Advocate for respondent No. 2. Mr. R.C. Setia, Advocate, for respondent No. 3 265 C.W.P. No. 10952 of 1988 ORDER DATED 29.5.1989 PASSED BY HON'BLE SINGLE JUDGE

ORDER

Salient law point of great public importance arising for determination in Civil Misc. No. 846 of 1989 filed in Civil Writ petition No. 10952 of 1988 is whether a member of the Scheduled Castes reserve category can avail himself only of the reservations while seeking further promotion to the cadre posts or unmindful thereof and in addition there to he can also rub shoulders with other member of General Category in the cadre, while seeking promotion to Higher posts on basis of seniority-cum-merit.

The matter came to be considered by this Court twice over in Joginder Singh Sethi and others vs.Punjab Government and others 1982 (2) S.L.R. 307 a Division Bench of this Court held that Scheduled Castes/Backward Classes people can take advantage only of the reservations made in their favour and not beyond that.

Thereafter in Gurmeet Bhatwa Vs State of Punjab and others .Civil writ petition No. 5346 of 1987 decided on 3rd June, 1988 another Division Bench of this Court held to the contrary and observed that besides availing himself of Scheduled Caste reservations a reserved category candidate could also seek promotions on the basis of his overall merit without reference to the reservations aforesaid.

In view of the conflicting approach of two Division Benches of this Court I would crave indulgence of by Lord Hon'ble the Chief Justice to constitute a larger bench to resolve the controversy. Registrar(j) would place the file before his leadership for appropriate orders both for costituting the bench as also for listing the case before it for hearing and disposal.

Sd/- 29.5.1989 S.D. Bajaj Judge.

JUDGEMENT DATED 23-8-89 PASSED BY HON'BLE LARGER BENCH

Judgement

"V. Ramaswami, C. J.

In this batch of writ petition (Nos. 10952 of 1988, 4961 of 1987, 2189 of 1988, 2190 of 1988, 7806 of 1987, 7807 of 1987, 7860 of 1987, 7861 of 1987, 4441 of 1987, 2792 of 1988, 8540 of 1987, 3400 of 1987, 10213 of 1988, and 3182 of 1989), a common question relating to the scope and ambit of the Government orders relating to reservation of posts for Scheduled Castes/Tribes in the matter of appointment and promotions in the State Services, arises for consideration. The petitioners in all these cases are either employees in the office of the Director, Health Services and Family Welfare or the office of the Financial Commissioner, Punjab or the Punjab Civil Secretariat or Class I Officers of Punjab Educational Services. The question relates either to the promotion from Assistant Superintendents to Superintendents or from Superintendents

266

C.W.P. No. 10952 of 1988 to under Secretaries or from under Secretaries to Deputy Secretaries and in one case promotion to the post of Director in the office of Director Public Instruction, Punjab.

Before dealing with the points adumberated, it would be necessary to trace and set out the relevant Government orders relating to reservation of posts for Scheduled Castes/Tribes (hereinafter referred to as Scheduled Castes for short, which expression shall, unless the context otherwise requires, include Scheduled Tribes) in the matter of new appointments and promotions. For historical reasons, visualising the difficulties that may have to be encountered in securing to weaker sections of its citizens justice, liberty and fraternity in a democratic system that allowed the power to go to the forward or influential communities feudal interests and other stronger sections of our society the Constitution provided safeguards, under various Articles, to protect the weaker sections of the Community and especially providing for the reservation for Scheduled Castes in the matter of appointments and promotions under Article 16 (4) of the Constitution. In fact, the Government even before the adoption of the Constitution took note of that provision in the Draft Constitution while it was under consideration of the Constituent Assembly and decided to give representation to the Scheduled Castes in the Services according to their population and by an order dated October 19, 1949, reserved, pending determination of the exact percentage of Scheduled Caste population in East. Punjab , 15 percent vacancies in all services for Scheduled Caste candidates subject to their possessing the minimum qualification and suitability for the posts. The percentage was increased to 19 in Government proceedings dated August 19, 1952. In order to ensure to members of the Scheduled Castes their due share in Government services, the Government decided to adopt a block system of recruitment based on a formula of rotation and to fix the posts reserved for Scheduled Caste and accordingly in their proceedings dated December 8, 1953 the Government gave a formula of reservation for appointment on the basis of a block of five vacancies. That order provided that the first post in a block of five will have to be reserved for members of Scheduled Caste. The filling up of the other posts was open to all. It further provided that if it was not possible to fill the first reserved vacancy by appointment of a member of the Scheduled Castes, this vacancy may be filled by a non-Scheduled Caste candidate, in consultation with the Chief Secretary and the reservation should then is carried on from vacancy to vacancy in the same block untill a suitable candidate for one vacancy in the block has been found. If all vacancies in the block are filled by non-Scheduled Caste candidates, the vacancy should be carried over to the second block, and in the second block of five, the first two vacancies are to be fill by Scheduled Caste candidates and if for any reasons the second block it was not possible to fill both reserved vacancies then one of the two reserved vacancies will have to be carried over to the third block. In other words, not more than one reserved vacancy will be carried over to the next block in any case. In the light of this instruction in a block of five and further instructions dated January 29, 1959, and having regard to the 19 per cent reservation for Scheduled Castes and 2 per cent reservation for Backward Classes, the Government notified the reserved posts or points in a block of 100 vacancies as follows :-

1,6,11,16,21,26,27,36,41,46,51,56,61,66,71,76,81,86,91,96.

Of these 26th and 27th posts in the 6th block were reserved for Backward Classes. The reservation was increased from 19 per cent to 20 per cent for Scheduled Caste candidates subject to the usual conditions relating to minimum qualifications. As we have noticed earlier, these Government orders related only to the new appointments and were not to apply to promotions. Finding that the 267

Scheduled Castes candidates were poorly represented in various Services in the upper grades in the State Government, the Government decided to reserve 9 per cent of the higher posts to be filled by promotions for members of the Schedule Castes and one per cent for Backward Classes and vide their order dated January 14, 1964 applied this 10 per cent reservation to be filled by promotion to all States Services including Class I, II, III and IV posts excepting ALL INDIA SERVICES. The reservation was to be given effect to by reserving for members of the Scheduled Castes first post in a block of 10 posts. The carry-forward rule as applicable to new appointments is also to be applied subject to the conditions that no more than one vacancy shall be carried over from one block to the next in any case. This instruction contained an importance clause which reads as follows :-

"In case an out of turn promotion has already been given to a candidate belonging to Scheduled Caste/Tribe or Backward Castes against a reserved vacancies and then in same block it happened to be the turn of a candidates belonging to the said Castes/classes for promotion, such candidate should not be ignored on the ground that 10 per cent reservation has already been exhausted."

Doubts having been raised as to whether the reservation of 20 percent for Scheduled Castes in Government Services at the time of new appointment should be in addition to the posts/vacancies secured by the said class on merit, the Government gave instructions that in case a greater number of candidates belonging to the Scheduled Castes and other Backward Classes succeed on merit then the number of posts reserved for them, all of them subject to the number of vacancies available should be considered for appointment.

In spite of the fact that the instructions issued by the Government in regard to reservation are clear and unambigous, the Govt. seemed to have been receiving references seeking clarification and finding that in spite of the instructions on the subject from time to time, the representation of Scheduled Castes and Backward Classes in the State continued to be inadequate, the Government notified the following instructions in their communication dated July 30,1970 relevant part of which reads as follows:-

"Certain references have been received from various quarters seeking clarification as to whether the members of the Scheduled Castes/Backward Classes who get selected to particular posts on the basis of merit against the vacancies, meant for the general pool or those who become eligible for promotion to higher posts by virtue of their seniority-cum-fitness may or may not be included in the percentage or reservation meant for them. The matter has been carefully examined by the Government and it has been decided that the 22 per cent reservation in services only indicates the broad-based policy of the Government to provide the requisite quantum of reservation in services but there is no bar to a larger number of posts being secured by the members of the Scheduled Castes/Backward Classes. In consequence the members belonging to the Scheduled Castes/Backward Classes who get selected on merits in the general list (in the case of direct recruitment)" and those who become eligible for promotion to next higher posts by virtue of their seniority-cum-fitness should not be included, while calculating percentage of the reservation meant for Scheduled Castes/Backward Classes.

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C.W.P. No. 10952 of 1988 By order dated May 4, 1974, the Government notified the reserved posts for Scheduled Castes for purposes of promotion in a Block of 100 vacancies occurring from time to time as follows :-

1, 7, 15, 22, 30, 37, 44, 51, 58, 65, 72, 80, 87, 94 and so on. Vacancies at S. Nos. 26 and 76 are to be treated as reserved for member of the Backward Classes.

The instructions further provided that the roster shall have to be implementoted in the form of a running account from year to year. When the percentage of reservation for direct recruitment was increased from 20 per cent to 25 per cant, the roster points reserved for Scheduled Caste, in a block of 100 vacancies was notified in the proceedings dated June 6, 1974 as follows :-

1, 5, 9, 13, 17, 21, 25, 29, 33, 37, 41, 45, 49, 53, 57, 61, 65, 70, 73, 77, 81, 85, 89, 93, and 97 and so on.

Similarly reservation for Backward Classes was also increased from 2 per cont to 5 per cent and accordingly the reserve posts for Backward Classes were fixed as 15, 35, 55, 75, and 95.

Reiterating the earlier instructions, the Government also sent the following instructions dated January 7, 1980, the one which was mainly considered by the two Division Benches of this Court on an earlier occassion, which have given different view points. The said instructions read as follows:--

"I am directed to invite your attention to Punjab Govt. letter No. 1244 OSD (W)-2-70 19996 dated 30th July, 1970 on the above subject wherein it has been laid down that "Scheduled Castes/Backward Classes candidates who get selected on merits in the general list in direct recruitment and those who become eligible for promotion to next higher posts by virtue of their seniority-cum-fitness, should not be counted for purpose of reservation and to say that there is a practice in some of the Departments where candidates/employees belonging to Scheduled Castes/Backward Classes who secure appointment against a reserve point on the basis of their merit/seniority are counted for the purposes of reservation. It is not proper. The representation of Scheduled Castes/Backward Classes in services is already much below the prescribed percentage. Keeping this in view, it is made clear that those Scheduled Castes/Backward Classes employees who get appointed/promoted against reserve points on the basis of their merit/seniority should not be counted for the purpose of reservation but that reserve point should be carried over to the next point on the roster and filled by a candidate/ employee belonging to Scheduled Castes/Backward Classes so that the deficiency of representation in service is made up.

Original instructions dated January 7, 1980, are in Punjabi and we have extracted the translation as given by the Government in the Supreme Court in proceedings pending before it which has been accepted by all the parties as correct translation. It may be mentioned that the translation adopted by the Division Benches of this Court was considered to be not an accurate translation.

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C.W.P. No. 10952/88 Government's circular No. 7191-OSD (W)-69/18194 dated July 19, 1969, as amended on September 8, 1969, dealt with the assignment of seniority in appointments and promotions of Scheduled Castes and Backward Classes persons made on the basis of merit/seniority basis and that reads as follows :-

"According to the instructions, appointments of Scheduled Castes and Backward Classes persons are made on the basis of appropriate prescribed 100-points rosters and they should be assigned seniority as per the points reserved for them in the relevant 100-point roster irrespective of their positions in general merit-list (in the case of direct recruitment) or in general seniority list, (in the case of promotions ) in Class I, II, III and IV services. In other words, roster points are seniority posts in respect of the members of Scheduled Castes and Backward Classes. This should be strictly followed by the recruiting agencies/appointing authorities at the time of preparing merit lists and appointments made by direct recruitment or by promotions.

Note 1 : In case, a Scheduled Castes or Backward Classes person get selected or promoted on his own merit/seniority he should retain his original higher position secured by him.

Note 2. In case, a Scheduled Castes or Backward Classes person get appointed/promoted on the basis of his merit/seniority against the reserved point, the very next point on the roster, will be treated as reserved for members of Scheduled Castes or Backward Classes, as the case may be, and the same will be filled on the basis of reservation.

Note 3. While sending requisition to the Punjab Public Service Commission, Subordinate Service Selection Board and other recruiting agency, the vacancies/points reserved for Scheduled Castes & Backward Classes should specifically be indicated therein according to running roster so that much recruiting agencies could prepare and recommend the names accordingly. The merit lists/appointments will be subject to prescribed rosters."

Learned counsel for the petitioners in all these cases contented firstly that the total number of candidates in a particular cadre at a particular time shall not be in excess of the prescribed percentage of reservation in that cadre for whatever be the reason and once that percentage is reached, the rash of the posts shall be available to the non-Scheduled Caste candidates only. The second argument of the learned counsel is that when a Scheduled Caste is promoted out of turn on the basis of that the roster point to be filled by promotion is reserved post, the seniority obtained through such promotion in the promoted category shall not be treated as final and on the promotion of the general category person subsequent to his promotion, the general category person takes his original seniority that he obtained before the promotion so far as the Scheduled Caste candidate is concerned and the general category person is to be placed over and above the reserve category person who was earlier junior to him in the previous cadre so that if a further promotion is to be made, the seniority in the initial recruitment cadre is maintained throughout the service. In other words, the inter-se-seniority between them in the cadre in which they were originally recruited or in the previous cadre before promotion is to be restored after both were promoted though the Scheduled Caste person was promoted earlier . Thirdly, the learned counsel contended that every time when a promotion is to be effected whether it be on the basis of merit or on the basis of roster point the number of Scheduled Caste candidates who are already holding posts 270 C.W.P. No. 10952 of 1988 in the cadre to which they have to be promoted will have to be taken into account and if there is a possibility of more than 50 percent of cadre posts being filled up by the Scheduled Caste candidates, no Scheduled Caste candidate shall be appointed or promoted and the reservation should not also be given effect.

In support of the contention that the total number of Scheduled Caste candidates holding the posts shall not be in excess of the prescribed percentage at any time, the learned counsel relied on a decision of this court in Joginder Singh Sethi and others v/s Punjab Government and others 1982 (2)S.L.R. 307. The facts in that case were as follows: The cadre strength of Assistants in the office of the Chief Engineer, Irrigation Department, Punjab was 282 . As per the instructions of the Government 20 percent reservation for promotion for members of the Scheduled Castes and 2 percent for member of Backward Classes in Class III is to be made. In the total cadre strength of 282, thus the members of the Scheduled Caste and Backward Classes were entitled to only 42 posts and there being already 47 members of this category in that cadre, they were already in excess of the percentage of 22 reserved for such categories of persons and that, therefore, no further reservation for the promotion could be made. It may be mentioned that the petitioners in that case were senior to Respondents 3 to 6 therein and all of them have employed as Clerks and Junior Scale Stenographers and they were entitled to be promoted to the posts of Assistant in the said department. They had prayed for a mandamus not to promote Respondents 3 to 6 who belonged to the Scheduled Caste category in preference to the petitioners who were senior to them on the basis of the reservation. The Division Bench held that the Scheduled Castes/Backward Classes people can take advantage of the reservation made in their favour on July 30, 1970 till their representation in the cadre of Assistants in the Irrigation Department of Punjab is reached or completed and not beyond that and for working out this percentage, the promotees/appointees in this cadre, whether on the basis of reservation or otherwise, have to be taken note of . The learned Judges reached this conclusion mainly on the following reasonings: The percentage of reservation is fixed on the basis of population of the Scheduled Castes and by implication when the total number of the members of the Scheduled Castes reach the prescribed percentage, the posts meant for them at reserved points cannot be kept reserved for them but to be thrown open to be filled exclusively by the persons of general category and further where the prescribed percentage is reached by the members of the Scheduled Castes the members of those classes can neither avail of the said instructions of the Government nor claim a right to compete for appointment or promotion even on merit or seniority-cum-merit as the case may be in respect of the remaining posts. The learned Judges were also not prepared to accept the argument on behalf of the Government that to find out the adequacy of representation given to the members of the Scheduled Castes, even on the basis of population an overall picture of the employees of this class of people in the service of the state has to be taken note of and not their strength in any particular cadre. The learned judges were also of the view that the policy of reservation cannot be used for creating monopolies or for unduly disturbing the legitimate interests of other employees and that unlimited reservation or even reservation beyond the reasonable limit is bound to entrench upon the principles of equality before law or equal opportunity in joining Government service.

The constitutional validity of various instructions in regard to these reservations were neither in question before the learned judges who decided Joginder Singh Sethi's case (supra) nor their validity is questioned before us.

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C.W.P. No. 10952 of 1988. With great respect to the learned Judges, we are unable to agree with the assumption that the non-reserved posts are not available for the Scheduled Castes or Backward Classes, through we may agree that the percentage of reservation was largely based on the basis of population. Any such restriction or limitation on Scheduled Castes or Backward Classes in the matter of opportunity to get appointment or promoted to such non-reserved posts on the basis of merit or seniority-cum- fitness will be contrary to the constitutional guarantee of equality of opportunity and will be hit by Articles 14, 15 and 16 of the Constitution we are also unable to agree that either on the construction of the, "instructions dated January 7, 1980, or on the basis of the relevant instructions relating to the reservation or on any constitutional ground this view could be reached, we have already pointed out that the translation of the instructions dated January 7, 1980, the original of which was in Punjabi which was placed before the Bench, was not quite accurate, especially the later part of the said instructions. The correct translation, which was accepted by all the parties has already been extracted above. The first portion of the instructions refers to the earlier instructions of the Government dated July 30, 1970, wherein the Government had given clear instructions that the 22 per cent reservation in services indicates the broad-based policy of the Government to prove the requisite quantum of reservation in services but there is no bar to a larger number of posts being secured by the members of the Scheduled Castes or Backward Classes.

In consequence, the members belonging to the Scheduled Castes/Backward Classes who get selected on merits in the general list (in the case of direct recruitment) and those who become eligible for promotion to next higher posts by virtue of their seniority-cum-fitness should not be included, while calculating percentage of reservation meant for Scheduled Castes/Backward Classes. The instructions point out that in spite of this, there is a practice in some of the Departments where candidates/employees belonging to Scheduled Castes/Backward Classes who secure appointment against a reserve point on the basis of their merit/seniority are counted for purposes of reservation and that is not proper. The instructions further noted that "the representation of Scheduled Castes/Backward Classes employees in service is much below the prescribed percentage." In the light of this, the later portion of the instructions reads as follows :-

"Keeping this in view, it is made clear that these Scheduled Castes/Backward Classes employees who get appointed/promoted against reserved points on the basis of their merits seniority should not be counted for the purpose of reservation but that reserve point should be carried over to the next point on the roster and filled by a candidate/employee belonging to Scheduled Castes/Backward Classes so that the deficiency of representation in service is made up."

As may be seen from the portion extracted, the translation placed before the Division Bench has completely misdirected the view of the learned judges. The translation placed before the learned judges did not refer to the appointment and promotion "against reserved points" and that such appointments or promotions against reserved points on the basis of their merit and seniority are not to be counted "for the purpose of reservation" but that the reserved point should be carried over to the next point on the roster and that the said next point on the roster is to be filled by a candidate belonging to the Scheduled Castes/Backward Classes so that the deficiency in representation in services is made up. Thus what is dealt within the last portion of instruction dated January 7, 1980 is filling of a reserved point vacancy on the basis of selections or on the basis of seniority-cum- merit by a Scheduled Caste candidate and not filling up of the same on the basis that the post is reserved for a Scheduled Caste candidate. In such a case, the reserved point should be carried over 272

C.W.P. No. 10952 of 1988. to the next point on the roster so that the deficiency in the percentage of representation as reserved points is made up. The seniority of such Scheduled Caste/Backward Class appointees and promotees as dealt with in the instructions dated July 19, 1969. According to this circular Scheduled Castes/Backward Classes *person who get selected or promoted on his own merit/seniority should retain his original higher position secured by him. Those who are appointed or promoted on the basis of reservation at the appropriate prescribed 100 point roster, roster point shall be the seniority point. This does not also involve any question of the reservation creating any monopoly or unduly disturbing the legitimate interests of other employees. What was overlooked by the learned judges is that in respect of the posts which have not been reserved the instructions dated July, 30, 1970, which has been referred to in the first sentence of the instructions dated January 7, 1980 covers and the non-reserved posts being open to all including Scheduled Castes under the Constitution, it stated that when a Scheduled Caste candidate gets selected to that post on merits in a direct recruitment and those who get promotion to the next higher post by virtue of their seniority-cum-merit shall not be counted for purposes of reservation. It is also not correct to state that the non-reserved points are reserved for non-Scheduled Castes. In respect of these open categories, all including Scheduled Castes are entitled to compete on merit if it is a direct recruitment and if they are eligible for promotion according to seniority and merit are also entitled to be promoted. The reservation in favour of Scheduled Castes does not mean that is the maximum number of posts that can be held by Scheduled Castes candidates in that particular cadre. They are the reserved points which Scheduled Caste candidates alone can contest.

It is also now well-settled that Article 16 is not meant to apply only for initial appointments but that it includes the entire service and the promotion of such employees till retirement. (Vide A.I.R. 1962 S.C. 36) the rights conferred on the individual under Article 16 (1), (2) are not dependent on somebody else being already there. It is a right of the individual himself. The mere factual position of somebody belonging to the same class is already there, does not deprive him of the constitutional right of equality of opportunity in matters relating to employment/ appointment to an office under the state. Nor can any such reservation in favour of non-Scheduled Caste/ Backward Class could be sustained under Articles 14, 15, & 16 of the Constitution. The instructions we have extracted above are thus also consistent with the constitutional provisions and enjoin upon the authorities not to deprive a Scheduled Caste candidate a right to be promoted on the ground of seniority-cum-merit even in respect of roster points which are not reserved for Scheduled Castes , nor the instructions in any way restrict the total number of Scheduled Caste candidates not exceeding to the prescribed percentage.

The decision of the Madhya Pradesh High Court in G.C. Jain and others v/s Divisional Rail Manager, C. Rly. Jabalpur and others 1986(1) S.L.R. 588, is primarily based on the decision of this court in the Joginder Singh Sethi 's case (Supra). We are also with respect, unable to agree with the view of the learned Judges. The reservation is to posts and not to vacancies as and when they occur. When a percentage of reservation is fixed in respect of a particular cadre and the roster fixes the reserved points, it has to be taken that the particular post at the reserved point in the roster is that has been reserved. It is not possible to counted that when in a pack of 100 or 40 or 5 or whatever the number may be, the reserved points are fixed, that can be dereserved by continuous appointment of Scheduled Caste candidates on the basis of seniority-cum-merit on open general points. The reservation is at the roster point and the non-Scheduled Caste candidate cannot be considered at a point reserved for a Scheduled Caste candidate unless any Scheduled Caste candidate is not entitled in which case the rule relating to carry forward will have to be 273

C.W.P. No. 10952 of 1988 followed. Nor can it be said that with reference to a reserved or non-reserved points when a Scheduled Caste candidate is selected or promoted on the basis of purely seniority-cum-merit, he is filling up a reserved post. with great respect, we, therefore, are unable to agree with the view expressed by the learned judges in G.C. Jain's case (Supra).

The decision in Gurjit Singh Randhawa V. State of Punjab and others. A.I.R. 1985 Punjab & Haryana 162 (F.B) referred by the learned counsel does not deal with the present point at issue. There the question for consideration was as to whether the weightage which could be given in admission test for admission into Medical Colleges in respect of sportsman/sports-women based upon their gradation could be added to the marks secured in the admission test and it was held that the candidate who is sportsman cannot have double benefit i.e. that after getting weight age he first competes for the reserved category seats and thereafter again takes benefit in the general category and that the benefit of weightage can be availed of by a candidate only when his case is to be considered for the reserved category otherwise his marks without weightage shall be taken in to consideration for determining his merit in the General category.

On the other hand, we have a direct decision of this Court dated June 3, 1988 in C. W. P. No. 5346 of 1987 (Gurmel Bhatwa V. The State of Punjab and others) where another Division Bench of this Court with reference to the same Government instructions has taken the view that the points specifically reserved for members of the Scheduled Castes and Backward Classes have to be offered to them alone and that if same members of the Scheduled Castes had come on the basis of overall merit, without reference to reservation, they could not be taken into account while calculating the percentage of Scheduled Castes in the Service or cadre. When the attention of this Division Bench was invited to Joginder Singh Sethi's case (supra), the learned Judges referred to a decision of the Supreme Court in Hira Lal V. The District Judge, Ghaziabab 1983 (2) S. L. R. 70 "A. I. R. 1984 S. C. 1212, and in view of that judgement, they held that they are unable to follow the judgement in Joginder Singh Sethi's case (Supra). In Hira Lal's case decided by the Supreme Court, the facts were as follows; The petitioner was a Scheduled Caste candidate. He offered himself as a candidate for one of the posts of Stenographers in Hindi in the establishment of District Judge at Ghaziabad in the State of Uttar Pradesh , Six posts were advertised and in the final list of successful candidates, the petitioner was shown as No. 7 and therefore, he was not selected. He contended that 18 percent of the posts should have been reserved for members of Scheduled Caste as per the Government instructions and if this reservation had been kept in view, he should have been selected even if he had secured the seventh place in the merit list. In the written statement it was contended by the Government that in the selection for the six posts, no reservation has been intended to be made in view of the position that the post of stenographer is covered under class III service and the total strength of the class III employees in the judgeship of Ghaziabad as on May 1, 1987, was 132 and there were as many as 23 among them belonging to the Scheduled Castes which came to more than 21 percent- 3 percent above the reservation. Repelling the contention, the Supreme Court observed:-

*When six vacancies were being filled up at a time in one year, If the roster was to be followed, one of the posts would indisputably have gone to the candidate of the Scheduled Castes. The stand taken in the counter-affidavit that more than 21% of the posts in the Grade III cadre of the Judgeship were being manned by the people belonging to the Scheduled Castes at the relevant time is no answer to the prescription of the roster. It is not known whether some of the recruits of earlier years already in service belonging to

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C.W.P. No. 10952 of 1988 the scheduled castes had come on the basis of overall merit without reference to reservation. On this premise, if the provision of reservation had to be kept in view, the petitioner was bound to have been recruited. We allow the petition. As per the roster, he was entitled to be appointed against the first vacancy. We, therefore direct the appointing authority to appoint the petitioner in that vacancy and five out of six who are respondents 3 to 8 before us according to their position in the final merit list shall be retained.

Since this decision directly answered the contention of the learned counsel for the petitioners the Division Bench which decided C.W. P. No. 5346 of 1987 did not find it necessary to refer the matter to a Full Bench. The ratio of this judgement also show that in the case of appointment at a reserved point in a roster the seniority of Scheduled Caste/Backward Class candidate shall be the roster point. The Scheduled Caste candidate though was seventh in the merit list was directed to be appointed at the first vacancy taking seniority over all the others.

The decision dated August 24, 1973, in C.W.P. No. 2505 of 1973 (Miss. Hawa Kaur V. The State of Haryana and others relied on by the learned counsel for the petitioners related to admission to Medical College, Rohtak, which is a Government maintained college. The petitioner belonged to a village called Matanhail in Jhajar Tehsil in the District of Rohtak, which has been declared by the Punjab/Haryana Govt. as backward area. The rules for admission to the first year class of the M.B.B.S. course provided a reservation of 15 seats out of 150 for "Backward Areas" in Haryana apart from the reservation that had been made for Scheduled Castes, Scheduled Tribes, Backward Classes, Sportsmen etc. The petitioner was denied a seat in the category of belonging to backward area on the ground that in the open merit list itself, the number of candidates who were selected and who hailed from that backward area exceeded more than the prescribed quota of 15. The contention of the petitioner was that the candidates from the backward area were entitled to their quota irrespective of the fact that in the open merit list their number had exceeded more than the quota reserved for them. While rejecting this contention, the learned Judges observed :-

"The idea of reservation is to give representation to candidates coming from backward area or belonging to backward classes. It could never be the intention of the legislature that the class for whom reservation has been made should be allowed to get double benefit, that is, that the candidates of that class may get seats by open competition and also lay hands on the seats which are reserved for them."

The reference to backward classes in this passage is incorrect but this will have to be restricted to backward area. The learned judges also considered on the basis of the prospectus issued that it could not have been intention of the Government to give double benefit to those people who had come from the backward area, one to compete for open merit and the other to lay their hands on the seats reserved for them. The Constitution does not permit any reservation for backward area and, therefore, the decision itself was on the interpretation of the prospectus that it was not the intention of the Government to give double benefit. Therefore, the decision has no bearing on the issue now in question. However, if it is to be construed that a Schedule Caste candidate could not compete for a general open pool seat, this decision, in our opinion, is incorrect and we cannot follow the same, as any such construction would be against the provisions contained in Articles 14, 15 & 16 of the Constitution. This decision is, therefore, of no assistance to the learned counsel for the petitioners. 275

C.W.P. No. 10952 of 1988 For the foregoing reasons, we are unable to agree with ratio of the judgement in Joginder Singh Sethi's case (Supra) and the decision in C.W.P. No. 2505 of 1973, dated August 24, 1973.

We are also unable to agree with the learned counsel on the second point raised by him that the inter se seniority between the Scheduled Caste candidate who was promoted out of turn on the basis of the roster point to be filled by promotion is a reserved post and the non-scheduled caste candidate who was promoted to that cadre subsequently shall be the inter se seniority between them in the cadre in which they were originally recruited or in the previous cadre before promotion. In other words, the seniority of the Scheduled Caste in the cadre to which he was promoted would be ambivalent and fluctuating so that his seniority will always be going up and down during his entire tenure depending upon the seniority of the general category candidates in the previous cadre who were subsequently promoted. Whatever source from which the recruitment is made, the seniority is normally to be determined with reference to the appointment or promotion to that particular cadre as once they are recruited or promoted, they from one class and the length of service in that class alone would be the basis for determining the seniority. The Supreme Court had considered the question of validity of certain privileges made for a class of persons who were recruited from a particular source in the decision reported in Roshan Lal Tandan V. Union of India and others 1967 (1) SLR 832. Briefly, the facts in this case were thus, the recruitment to the posts of Train Examiners Grade 'D' was to be from the different sources, namely, one from Apprentice Train Examiners and the other by skilled artisans. Further promotion from Grade 'D' to Grade 'C' is to be made from the integerated cadre on the basis of seniority-cum-suitability. By a notification dated October 27, 1965. 80 per cent of the vacancies in Grade 'C' should be filled by Apprentice Train Examiners who had been absorbed in Grade 'D' before March 31, 1966. Holding that the notification is violative of Articles 14 and 16 of the Constitution, the Supreme Court held that discrimination cannot be in favour of recruits from one source against recruits from other source in the matter of further promotion as once they are absented in one cadre they from one class and seniority-cum-merit alone could be the basis. Mr. G. K. Chatrath, learned counsel appearing for one of the respondents, relying on this judgement contended that the argument of the learned counsel for the petitioners would be just against the ratio of this decision. We agree with the learned counsel if after promotion, they belonged to the same particular cadre, the date of promotion and seniority in service in that cadre alone relevant for the purpose of on termining the seniority-cum-merit and not the earlier seniority because any another view would be discriminatory and offending Article 16 of the Constitution.

Again, in Railway Board V. A. Pichumani, 1972 SLR 165, the Supreme Court held that on the amalgamation of Railway Companies, State Railways with Indian Railway Administration, the employees of the Company, are entitled to same rights and privileges that are available to other employees who joined Railway Administration and that any discrimination between them in regard to the age of retirement would be invalid. In other words, once they come to the particular cadre, the rules applicable to that cadre will have to be applied whatever be the sources from which promotion or intergration has been made.

In State of Mysore V. M. H. Krishna Murthy and others 1972 S. L. R. 832, the Supreme Court again emphasized the same principle and held that no discrimination can be made for further promotion from the integrated cadre on the basis of initial source of recruitment.

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C.W.P. No. 10952 of 1988. The point was directly considered by the Supreme Court in Karam Chand V. Haryana State Electricity Board A. I.R. 1989 S. C. 261: The question for consideration in that case was, whether an employee promoted to a post reserved for Scheduled Castes and Scheduled Tribes is entitled to have his seniority determined from the date of his appointment to the post or his seniority inter se will be reckoned as it was in the class or grade from which he was promoted to a post in the higher rank. After referring to certain seniority rules, the Supreme Court held that the seniority of the appellant is to be reckoned from the date of his appointment by promotion to the post reserved for Scheduled Castes and his seniority inter se cannot be reckoned with reference to the class or grade from which he was promoted.

The decision of the Supreme Court in State of Punjab V. Hira Lal and others A. I. R. 1971, S. C. 1777 is yet another decision which is directly in point. In that case notification of the Punjab Government dated January 14, 1964, the relevant portion of which we have already extracted above, was considered in that case, though the High Court was of the opinion that the reservation made for the Scheduled Castes, Scheduled Tribes and Backward Classes is not impermissible under the Constitution, the Government has violated Article 16(1) by reserving the first out of a group of 10 posts for the Scheduled Castes, Scheduled Tribes and Backward Classes. This was on the basis of certain hypothetical cases under which reservation of the type could lead to various anamolies such as the person getting the benefit of the reservation may jump over the heads of several of his seniors not only in his own grade but even in the higher grades. The High Court also visualised the possibility of Head Assistant leaping over the heads of several seniors of his in the grade of Head Assistants and thereafter in the grade of Superintendent subsequently in the grade of under Secretaries, Deputy Secretaries and so on and so forth. Reversing the judgement of the High Court, the Supreme Court observed :-

"The extent of reservation to be made is primarily a matter for the State to decide. By this we do not mean to say that the decision of the State is not open to judicial review. The reservation must be only for the purpose of giving adequate representation in the services to the Scheduled Castes, Scheduled Tribes and Backward Classes. The exception provided in Article 16(4) should not make the rule embodied in Article 16(1) meaningless. But the burden of establishing that a particular reservation made by the State is offensive to Article 16(1) is on the person who takes the plea. The mere fact that the reservation made may give extensive benefits to some of the persons who have the benefit of the reservation does not by itself make the reservation bad. The length of the leap to be provided depends upon the gap to be covered.

It is true that every reservation under Article 16(4) does introduce an element of discrimination particularly when the question of promotion arises. It is an inequitable consequence of any reservation of posts that junior officers are allowed to take a march over their seniors. This circumstance is bound to displease the senior officers. It may also be that some of them will get frustrated but then the Constitution makers have thought fit in the interests of the society as a whole that the Backward Class of citizens of this country should be afforded certain protection...... "

Ultimately, the Supreme Court held that reservation of appointments under Article 16(4) cannot be struck down on hypothetical grounds or on imaginary possibilities.

277 C.W.P. No. 10952 of 1988 These decisions, in our view, are weighty authorities against the argument of the learned counsel. We are, therefore, of the view that there is no substance in the argument of the learned counsel based on the inter se seniority between the parties before the promotion was effected.

Thus, while non-Scheduled Caste candidates are not eligible for appointment or promotion to the reserved posts at the reserved point, the Scheduled Castes candidates are eligible to compete with the general category candidates in respect of the posts which are not reserved and also claim promotion to the same if they are otherwise eligible by virtue of seniority and merit and merely because they happen to be members of the Scheduled Castes, they cannot be deprived of their right to compete for appointment or promotion on the basis of seniority and merit that is constitutionally protected under Articles 14 and 16 (1), (2) of the Constitution even when the total number of Scheduled Castes members in that cadre holding posts are more than the prescribed percentage. Secondly, where Scheduled Caste/Backward Class secure an appointment against "a reserved point" on the basis of his own merit and seniority and not on the basis of only his being Scheduled Caste/Backward Class, such candidate should not be counted while calculating the percentage of reservation meant for Scheduled Caste/Backward Class, but that reserved point should be carried over to the next point on the roster and filled by candidates belonging to Scheduled Castes/Backward Classes, Thirdly, Scheduled Castes/Backward Classes candidates who are appointed or promoted on the basis of appropriate reservation under the prescribed roster point shall be assigned seniority as per the point reserved for them in the relevant roster irrespective of their position in the general merit list (in case of direct recruitment) in class I, II, III and IV services . In other words, roster points are the seniority points in respect of Scheduled Castes, Backward Classes. In the case of Scheduled Castes/Backward Classes candidate getting selected or promoted on his own merit/seniority, he will retain his original higher seniority position secured by him. The seniority cannot be ambivalent and fluctuating.

The third contention of the learned counsel was that in any case while giving out of turn promotion on the basis of reservation or promotion to the general category post on the basis of seniority-cum-merit, the possibility of the Scheduled Caste candidates holding more than 50 per cent of the cadre posts have to be kept in view and if that is going to exceed 50 per cent, the reservation should not be given effect to and no Scheduled Caste candidate shall be promoted even on the basis of seniority-cum-merit. In this connection, he relied on certain passages in the decision of the Supreme Court reported in M. R. Balaji and other V. The State of Mysore and others A. I. R. 1963 S. C. 649 and T Devadasan V. Union of India and another A. I. R. 1964 S.C. 179. The particular passage in M. R. Balaji's case (Supra) strongly relied on by the learned counsel reads as follows :-

*A special provision contemplated by Article 15(4) like reservation of posts and appointments contemplated by Article 16(4) must be within reasonable limits. The interests of weaker sections of society which are a first charge on the States and the Centre have to be adjusted with the interests of the community as a whole. The adjustment of these competing claims is undoubtedly a difficult matter, but if under the guise of making a special provision, a State reserves practically all the seats available in all the colleges, that clearly would be subverting the subject of Article 16(4), in this matter again, we are reluctant to say definitely what would be a proper provision to make. Speaking generally and in a broad way, special provision should be less than 50 per cent how much less than 50 per cent would depend upon the relevant prevailing circumstances in each case. 278

C.W.P. No. 10952 of 1988. The relevant portion in the majority judgement in the case reported in A. I. R. 1964 S. C. 179, which was relied on by the learned counsel reads as follows:-

"It is an accepted fact that members of the Scheduled Castes and Tribes are by and large backward in comparison with other communities in the country. This is the result of historical causes with which it is not necessary for us to deal here. The fact, however, remains that they are backward and the purpose of Art. 16(4) is to ensure that such people, because of their backwardness should not be unduly handicapped in the matter of securing employment in various services of the State. This provision, therefore, contemplates reservation of appointments or posts in favour of backward classes who are not adequately represented in the services under the State where, therefore, the state makes a rule providing for the reservation of appointments and posts reserved for such backward classes, it cannot be said to have violated Art. 14. merely because members of the more advanced classes will not be considered for appointment to these posts even though they may be equally or even more meritorious than the members of the backward classes, or merely because such reservation is not made in every kind of service under the State. Where the object of a rule is to make reasonable allowance for the Backwardness of members of a class by reserving certain proportion of appointments for them in the public services of the State what the State would in fact be doing would be to provide the members of backward classes with an opportunity equal to that of the members of the more advanced classes in the matter of appointments to public services. If the reservation is so excessive that it practically denies a reasonable opportunity for employment to members of other communities, the position may well be different and it would be open then for a member of a more advanced class to complain that he has been denied equality by the State.

It may, however, be mentioned that on the interpretation of the inter-relationship between clauses (1), (2) of Article 16 and clause (4) of that Article, majority judgement in the decision of the Supreme Court in State of Kerala and another V. N. M. Thomas and others A.I.R.1976 S.C. 490 took a contrary view to that in A.I.R. 1964 S.C. 179 reasonableness of the reservation made under Article 16 (4), but that need not detain us because the constitutional validity of the reservation order in this case is not in dispute, further, the Supreme Court in K.C. Vasanth Kumar and another V. State of Karnataka, A.I.R. 1985 S.C. 1495, have explained these observations in the judgement in A.I.R. 1964 S.C. 179. After refering to the historical background of the reservation it was observed that there is neither statistical basis nor expert evidence to support the assumptions that efficiency will necessarily be impaired if reservation exceeds 50 per cent, if reservation is carried forward or if reservation is extended to promotional posts. After refering to Bala ji's case (Supra), Chinnappa Raddy J. observed :-

"We are not prepared to read Bala ji as arbitrarily laying down 50% as the outer limit of reservation. What precisely was decided by Bala ji has been summed up by the Court itself at page 471 of the SCR: (at P. 663 of AIR ) in the following words :-

"We have already noticed that the impugned order in the present case has categorised the Backward Classes on the sole basis of caste which, in our opinion, is not permitted by Art 15 (4) : and we have also held that the reservation 279

C.W.P. No. 10952 of 1988. of 68% made by the impugned order is plainly inconsistent with the concept of the special provision authorised by Art. 15 (4) 'Therefore, it follows that the impugned order is a fraud on the Constitutional power conferred on the State by Art. 15(4).

We must repeat here, what we have said earlier, that there is no scientific statistical data or evidence of expert administrators who have made any study of the problem to support the opinion that reservation in excess of 50% may impair efficiency. It is a rule of thumb and rules of the thumb are not for judges to lay down to solve complicated sociological and administrative problems. Sometimes, it is obliquely suggested that excessive reservation is indulged in as a mere of vote-catching device. Perhaps so, perhaps not. One can only say 'out of evil cometh good' and quicker the redemption of the oppressed classes, so much the better for the nation. Our observations are not intended to show the door to genuine efficiency. Efficiency must be a guiding factor but not a smoke screen, All that a Court may legitimately say is that reservation may not be excessive. It may not be so excessive as to be oppressive, it may not be so high as to lead to a necessary presumption of unfair exclusion of every one else.

A Full Bench of this Court in Kanwal Parkash and others V. The State of Punjab and others 1976 (2) SLR 801 had made the following observations :-

"The apprehension of the petitioners that if the members of the Scheduled Castes keep on being promoted in accordance with the Government instructions, in about ten years time about one half of the posts of Deputy Superintendents ⅓rd posts of the Superintendents and ¾th of the posts of Under Secretaries would be occupied by the members of the Scheduled Castes alone is really unfounded. At least no material has been brought on record of these cases which may justify such an apprehension. Indeed, if such a calamity becomes imminent. It is reasonable to assume that the State Government which has issued these instructions would step in to modify the instructions or to do away with them completely.

Though these decisions are authority for the preposition that the reservation may not be excessive and it may not be so excessive as to be oppressive or may lead to an unfair exclusion of every one else, it is pertinent to point out in this case that the legality of the reservation itself is not questioned, nor has it been shown to us that the reservation was oppressive or in any way unreasonable or excessive.

In C.W.P. No. 10952 of 1988, this aspect of the case was highly pressed into service with regard to the facts in that case. The two petitioners in that case were appointed on December 28, 1981 to Class I of the Punjab Educational Service by direct recruitment along with the third respondent. It was claimed that petitioners 1 and 2 were senior to the third respondent but this is not admitted and is a subject-matter of another writ petition (C.W.P. No. 3182 of 1989). The third respondent is a Scheduled Caste candidate and it is stated that he was selected and appointed to Class I service by direct recruitment on the basis of reservation for members of Scheduled Castes. The second respondent in the case had reached Class I service by promotion from Class II and it is not in dispute that petitioners and the third respondent are junior to him. In the Punjab Education 280 C.W.P. No. 10952 of 1988. Service I Cadre has a sanctioned strength of 27 posts of which 25 per cent posts are filled by direct recruitment and 75 per cent by promotion. Of the 27 posts in the Class I cadre, 4 posts formed a separate cadre and these four posts are D.P.I. (Schools), D.P.I. (Primary). Director (SCERT) and Additional Director, Adult Education. The filling up of these four cadre posts in Class I is done on the basis of Selection from amongst Class I officers in accordance with the rules. It is further stated that the first three posts had already been filled up and the 4th one is lying vacant since September, 1988. Of the three candidates who are holding the three posts in the cadre, two namely, the second respondent and another are stated to be Scheduled Castes. The validity of selection of Respondent No.2 is Questioned in the writ petition on the ground that it is against the ratio of the judgement in Joginder Singh Sethi's case as there as already another Scheduled Caste candidate holding a post in that cadre and only 14 per cent in the cadre could be reserved for Scheduled Castes. Apprehending that the 4th post may also be filled up by the third respondent, who is otherwise eligible for selection on merits, the petitioners have also prayed for a writ of prohibition restraining the Government from considering and promoting/appointing any member of the Scheduled Caste to that post and for a mandamus directing the Government to consider and promote the petitioners to that post. The petitioners have mainly relied on Joginder Singh Sethi's case (Supra) in support of the contention that the 2nd respondent should not have been appointed as there was already another Scheduled Caste candidate and the reservation can be only up to 14 per cent and that since in any case by appointment of respondent No. 2.50 per cent of the candidates holding the position in that cadre belonged to Scheduled Castes, the 4th post should not be filled up by another Scheduled Caste candidate who are holding the posts of D.P.I. Cadre were selected and appointed purely on seniority-cum-merit basis and not on any principle of reservation. We have already held that reservation does not mean that the Scheduled Castes candidates are deprived from being considered for promotion to the general category seats on the basis of seniority-cum-merit or on the basis of selection on merit. It is also not possible to invoke the principle of reservation not exceeding 50 per cent on the total strength as reaching above 50 per cent is not by reason of any such reservation as such but it is so happened that the candidates who competed for the selection belonged to a particular category and all of them were found to be suitable on merit and ability has been pointed out in the counted statements that on a number of occasions previously all these posts were held by non- Scheduled Castes. But if two Scheduled Castes had already come purely on merit it is to be taken as a matter gratifying and not to be frowned upon. It is only if reservation in effect amounted to an unreasonable percentage that could if at all be questioned. The percentage of reserved candidates in this case is only 14 and if the Scheduled Castes candidates have come and occupied that position in that cadre on account of their own merit and ability, the reservation itself could not be questioned and they could not be deprived of their right to be considered for selection on the basis of merit and ability. We are, therefore, unable to accept the contention of the learned counsel for the petitioners that the Scheduled Castes candidates cannot be considered for the vacant post. There is also no substance in the contention of the petitioners that the third respondent in C.W.P. No. 10952 of 1988 is not eligible to be considered for selection to the post of Director of Public Instruction (Schools).

We may note at this stage an argument of the learned counsel based on certain stay orders passed by the Supreme Court in the appeal preferred against the judgement in Joginder Singh Sethi's case (Supra). While admitting the appeal preferred by the State Government the Supreme Court on October 18, 1982, passed some interim order of stay. Doubts having arisen about the scope of the interim order, the matter again came up before the learned judges who passed a clarification order on February 8, 1983, and that reads as follows :- 281

C.W.P. No. 10952 of 1988. "We made it clear by our order dated 19-10-1982 that there will be an interim order of stay against reservation of any of the persons already appointed on the basis of instructions issued by the government of Punjab which have been held to be invalid by the judgement of the High Court impugned in these appeals and writ petitions. We do not think that there is any doubt in regard to what we said, namely that no Scheduled Caste and Scheduled Tribe employee who has already been appointed or promoted pursuant to the instructions of the Government of Punjab shall be reverted but so far as the future appointments/ promotions are concerned these shall be made according to the judgement of the High Court and these will be ultimately subject to the result of the writ petition and the appeals. If the Government makes any appointments/promotions in accordance with the judgement of the High Court the State Government will make it clear in the letter or appointment/ promotion that the appointment/promotion is subject to the result of the writ petition and the appeals so that there is no difficulty in future in case the High Court judgement is reversed by this Court. It appears that certain doubts were raised in regard to the last part of our order as a result of which applications for contempt have been taken out against the State Government and its officers. We are making this order in order to clear doubts, if any, so that the State Government and its officers may be in a position to carry out aur order without any difficulty. We have already directed that appeals and writ petitions will be heard on 30-11-1982 subject to overnight part-heard matter but unfortunately due to heavy pressure of work it has not been possible to place them on board for final hearing on 30-11-1982. We would direct that the appeals and writ petitions be heard promptorily subject to overnight part-heard matter on 8-3-1983.

Advocate for the respondent states before us that in view of the clarification given by us the respondents will withdraw their application for contempt."

Relying on this order, the learned counsel contended that the writ petitions now posted before us could not be taken up for final decision and that should await the decision of the Supreme Court. The writ petitions before us are independent writ petitions though the ratio of the judgement in Joginder Singh Sethi's case was relied on by the learned counsel for the petitioners. Hearing of the case which was expected to be done by the Supreme Court on November, 30, 1982 which was again directed to be posted on March 8, 1983, has not taken place so far. In the meantime, another Division Bench of this Court in C.W.P. No. 5346 of 1987, referred to above, has been taken a different view. The decision of the Supreme Court in Hira Lal's case (Supra) which was also directly in point had not been considered by the High Court. The writ petition before us are not between the same parties as those who were involved in Joginder Singh Sthi's case nor in our opinion, the interim order of the Supreme Court can be construed as prohibiting us from considering the identical question of law as decided in Joginder Singh Sethi's case that arises in any other case. In view of the conflict of judgements and in view of the fact that a number of postings and promotions have to be done in the meantime, it had become necessary for us to consider the question by a Full Bench. We are not therefore, persuaded by the argument of the learned counsel that cither we have no jurisdiction to hear the writ petitions before us or that we have to await the decision of the Supreme Court. This contention which is in the nature of a preliminary objection is, therefore, overruled.

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C.W.P. No. 10952 of 1988 In C.W.P. No. 3182 of 1989 one additional point has been raised. That related to the dispute relating to seniority between the petitioners and the third respondent. We have already held in the earlier part of our judgement that the seniority will have to be decided in respect of Scheduled Castes, Scheduled Tribes and Backward Classes candidates appointed or promoted in accordance with the circular dated July 19, 1969, and as per that circular, the roster points are the seniority points in respect of members of the Scheduled Castes, Scheduled Tribes and Backward Classes. The petitioners have questioned the validity of fixation of seniority in Annexure P. 4 dated November 29, 1988, as being violative of certain instructions. In the written statement filed by the Government, in CWP No. 10952/88 it is stated that the petitioners have filed their representation against the fixation of third respondent's seniority over the petitioners and that is under consideration. In view of the statement that the Government is considering the question of seniority, learned counsel for the petitioners did not raise any further dispute and wanted to await the result of Government's decision on the petitioner's representation. Therefore, with a direction to the Government to dispose of their representation on merits within a period of three weeks this writ petition is dismissed.

JUDGEMENTS

WRIT PETITION (CIVIL) NO. 930 OF 1990

INDIRA SAWHNEY AND OTHERS ETC. ETC. VERSUS UNION OF INDIA AND OTHERS ETC. ETC.

(DELIVERED ON 16TH NOVEMBER, 1992) BY THE SUPREME COURT OF INDIA

VOLUMES I-III

VOLUME I

MINISTRY OF WELFARE GOVERNMENT OF INDIA VOLUME I

THE SUPREME COURT JUDGEMENT (16-11-1992)

JUDGEMENT OF THE CHIEF JUSTICE,

M. N. VENKATACHALIAH, A. M. AHMADI AND B. P. JEEVAN REDDY, JJ. DELIVERED BY B. P. JEEVAN REDDY J.

Judgement of 9-Judge Constitution Bench of The Supreme Court of India delivered on 16-11-1992, regarding reservations in service for Socially & Educationally Backward Classes and Other Economically Backward Sections, etc.

287

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Writ Petition (Civil) No. 930 Of 1990

(with W.P. (C) Nos. 97/91,948/90,966/90,965/90, 954/90, 971/90, 972/90, 949/90, 986/90, 1079/90, 1106/90, 1158/90, 1071/90, 1069/90, 1077/90, 1119/90, 1053/90, 1102/90, 11120/90, 1112/90 1276/90, 1148/90, 1105/90, 974/90, 1114/89, 987/90, 1061/90, 1064/90, 1101/90, 1115/90, 1116/90, 1117/90, 1123/90 1124/90, 1126/90, 1130/90, 1141/90, 1307/90, T.C. (C) Nos. 27/90, 28-31/90, 32-33/90, 34-35/90, 65/90, 1/91, W.P. (C) Nos. 1081/90 343/91, 1362/90, 1094/91 1087/90, 1128/90, 36/91, 3/91, 11/92, 111/92 & 261/92)

Indira Sawhney And Ors. Etc. Etc...... Petitioners Versus Union of India And Ors. Etc. Etc...... Respondents

JUDGEMENT OF THE CHIEF JUSTICE, M.N. VENKATACHALIAH, A.M. AHMADI AND B.P. JEEVAN REDDY, J.J. DELIVERED BY B.P. JEEVAN REDDY. J.

Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order-the like of which this country has not seen since-belonging to the fields of law, politics and public life came together to fashion the instrument of change-the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal and the methodology for reaching that goal. In the Preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.

2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the historic but difficult task of carving an egalitarian society from out of a bewildering mass of religions, communities, castes, races, languages, bliefs and practices. They knew their country well. They understood their society perfectly. They were aware of the historic injustices and inequities afflicting the society. They realised the imperative of redressing them by constitutional means, as early as possible for the alternative was frightening. Ignorance, illiteracy and above all, mass poverty, they took note of. They were conscious of the fact that the Hindu religion-the religion of the overwhelming majority-as it was being practiced, was not known for its egalitarian ethos. It divided its adherents into four watertight compartments. Those outside this four-tier system (chaturvarnya), were the outcastes (Panchamas), the lowliest. They did not even belong to the caste system-ugly as its face was. The fourth, shudras, were no better, though certainly better than the Panchamas. The lowliness attached to them (Shudras and Panchamas) by virtue of their birth in these castes, unconcerned with their deeds. There was to be no deliverance for them from this social stigma, except perhaps death. They were condemned to be inferior. All lowly, menial and unsavoury occupations were assigned to them. In the rural life, they had no alternative but to follow these occupations, generation after generation, century after century. It was their 'karma', they were told, the penalty for the sins they allegedly committed in their previous birth. Pity is, they believed all this. They were conditioned to believe it. This mental blindfold had to be 288 removed first. This was a phenomenon peculiar to this country. Poverty there has been-and there is-in every country. But none had the misfortune of having this social division-or as some call it, degradation-super-imposed on poverty. Poverty, low social status in Hindu caste system and the lowly occupation constituted-and do still constitute-a vicious circle. The founding fathers were aware of all this and more.

3. Liberty, equality and fraternity was the battle-cry of the French Revolution. It is also the motto of our Constitution, with the concept of 'Justice-Social, Economic and Political'-the sum- total of modern political thought super-added to it . Equality has been and is the single greatest craving of all human beings at all points of time. It has inspired many a great thinker and philosopher. All religious and political schools of thought swear by it, including the Hindu religious thought, if one looks to it ignoring the later crudities and distortions. Liberty of thought, expression, belief, faith and worship has equally been an abiding faith with all human beings, and at all times in this country in particular. Fraternity assuring the dignity of the individual has a special relevance in the Indian context, as this Judgement will illustrate in due course.

4. The doctrine of equality has many facets. It is a dynamic, and an evolving concept. Its main facets, relevant to Indian Society, have been referred to in the preamble and the articles under the sub-heading "Right to equality"-(Article 14 to 18). In short, the goal is "equality of status and of opportunity". Article 14 to 18 must be understood not merely with reference to what they say but also in the light of the several articles in Part IV(Directive Principles of State Policy). "Justice, Social, Economic and Political" is the sum total of the aspirations incorporated in part IV.

5. Article 14 enjoins upon the state not to deny to any person "equality before the law" or "the equal protection of the laws" within the territory of India. Most constitutions speak of either "equality before the law" of "the equal protection of the laws", but very few of both. Section 1 of the XIV Amendment to the U.S. Constitution uses only the latter expression while the Austrian Constitution (1920), the Irish Constitution (1937) and the West German Constitution (1949) use the expression "equal before the law", (Article 7 of the Universal Declaration of Human Rights, 1948, of course, declares that "all are equal before the law and are entitled without any discrimination to equal protection of the law"). The content and sweep of these two concepts is not the same though there may be much in common. The content of the expression "equality before the law" is illustrated not only by Articles 15 to 18 but also by the several articles in part IV, in particular, Articles 38, 39, 39A, 41 and 46. Among others, the concept of equality before the law contemplates minimising the inequalities in income and eliminating the inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people, securing adequate means of livelihood to its citizens and to promote with special care the educational and economic interests of the weaker sections of the people, including in particular the scheduled castes and scheduled tribes and to protect them from social injustice and all forms of exploitation. Indeed, in a society where equality of status and opportunity do not obtain and where there are glaring inequalities in incomes there is no room for equality- either equality before law or equality in any other respect.

6. The significance attached by the founding fathers to the right to equality is evident not only from the fact that they employed both the expressions "equality before the law" and "equal protection of the laws" in Article 14 but proceeded further to state the same rule in positive and affirmative terms in Articles 15 to 18. Through Article 15 they declared in positive terms that the 289 state shall not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them. With a view to eradicate certain prevalent undesirable practices it was declared in clause (2) of Article 15 that no citizen shall on the grounds only of religion, race, castes sex, place of birth or any of them be subject to any disability, liability, restriction or condition with regard to shops, public restaurants, hotels and place of public entertainment or to the use of wells, tanks, bathing ghats, roads and place of public resort maintained wholly or partly out of state funds or dedicated to the use of general public. At the same time with a view to ameliorate the conditions of women and children a provision was made in clause (3) that nothing in the said Article shall prevent the state from making any special provision for women and children.

7. In asmuch as public employment always gave a certain status and power it has always been the repository of State power -besides the means of livelihood, special care was taken to declare equality of opportunity in the matter of public employment by Article 16. Clause (1) expressly declares that in the matter of public employment or appointment to any office under the state, citizens of this country shall have equal opportunity while clause (2) declares that no citizen shall be discrininated in the said matter on the grounds only of religion, race, caste, sex , descent, place of birth, residence or any of them. At the same time, care was taken to declare in clause (4) that nothing in the said Article shall prevent the state from making any provision for reservation of appointments or posts in favour of any backward class of citizen which in the opinion of the state is not adequately represented in the services under the state. Article 17 abolishes the untouchability while Article 18 prohibits conferring of any title (not representing military or academic distinction). It also prohibits the citizens of this country from accepting any title from a foreign state.

8. Article 16 has remained unamended, except for a minor amendment in clause(3) whereas Article 15 had clause (4) inserted in it by the First Amendment Act, 1951. As amended, they read as follows:

"15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall , on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to disability, liability, restriction or condition with regard to:-

(a) access of shops, public restaurants , hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

290

(4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

16. Equality of opportunity in matters of public employment--(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within a State or union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of State, is not adequately represented in the services under the State.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religion or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination."

The other provisions of the Constitution having a bearing on Article 16 or Article 38, 46, and the set of articles in part XVI, Clause (1) of Article 38 obligates the State to "strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political , shall inform all the institutions of the national life."

Clause (2) of Article 38, added by the 44th Amendment Act says," the State shall , in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations."

Article 46 contains a very significent directive to the State. It says:

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections-- The State shall promote with special care the educational and economic interests of the weaker sections of the people, and , in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." 291

It is evident that " the weaker sections of the people" do include the "backward class of citizens" contemplated by Article 16(4).

Part XVI of the Constitution contains " special provisions relating to certain classes". The "classes" for which special provisions are made are, Scheduled Castes, Scheduled Tribes and the Anglo-Indian Community. It also provides for appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations. Article 340 reads as follows:

340. Appointment of a commission to investigate the conditions of backward classes,---(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their conditions and as to the grants that should be made for the purpose by the Union or any State and the conditions subjeet to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the mattters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament."

Article 338, which has been extensively amended by the Sixty-fifth Amendment Act, provides for establishment of a Commission for the Scheduled Castes and Scheduled Tribes to be known as "the National Commission for the Scheduled Castes and Scheduled Tribes" Clause (5) prescribes the duties of the Commission. They are :

(5) It shall be duty of the Commission :-

(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes :

(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State :

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(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards ;

(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio- economic development of the Scheduled Castes and Scheduled Tribes : and

(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes and Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify."

Clause (6) provides that "the President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations." Clause (7) being relevant may also be read here. It reads, "where any such report, or any part there of relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations."

Clause (10) (clause (3) prior to 65th Amendment Act) brings in socially and educationally backward classes identified by the Government on the basis of the report of the Commission under Article 340 and Anglo-Indians within the purview of the expressions "Scheduled Castes and Scheduled Tribes". It reads as follows :

"10 . In this article references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of Article 340, by order specify and also to the Anglo-Indian community."

Article 335 provides that "the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State." It is obvious that if the claims of even Scheduled Castes and Scheduled Tribes are to be taken into consideration consistently with the maintenance of efficiency of administration, the said admonition has to be respected equally while taking into consideration the claims of other backward classes and other weaker sections.

THE FIRST BACKWARD CLASSES COMMISSION (KALELKAR COMMISSION) :

9. The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and certain demand from certain sections of the society for providing reservations in their in the matter of public employment. While speaking on the draft Article 10 (3) (corresponding to Article 16 (4) Dr. Ambedkar had stated, "then we have quite a massive opinion which insists that although 293 it is good to have the principle that there shall be equality of opportunity, there must at the same time be a provision made for the entry of certain communities which have so far been outside the administration.' It was this demand which was mainly responsible for the incorporation of clause (4) in Article 16. As a matter of fact, in some of the southern States, reservations in favour of O.B. Cs. were in vogue since quite a number of years prior to the Constitution. There was a demand for similar reservations at the Centre. In response to this demand and also in realisation of its obligation to provide for such reservations in favour of backward sections of the society, the Central Government appointed a Backward Class Commission under Article 340 of the Constitution on January 29, 1953. The Commission, popularly known as Kaka Kalelkar Commission, was required "to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove difficulties and to improve their conditions." The Commission submitted its report on March 30, 1955. According to it, the relevant factors to consider while classifying backward classes would be their traditional occupation and profession, the percentage of literacy or the general educational advancement made by them; the estimated population of the community and the distribution of the various communities throughout the state or their concentration in certain areas. The Commission was also of the opinion that the social position which a community occupies in the caste hierarchy would also have to be considered as well as its representation in Government service or in the Industrial sphere. According to the Commission, the causes of educational backwardness amongst the educationally and backward communitied were (i) traditional apathy for education on account of social and environmental conditions or occupational handicaps; (ii) poverty and lack of educational institutions in rural areas and (iii) living in inaccessible areas. The Chairman of the commission, Kaka Kalelkar, however, had second thoughts after signing the report. In the enclosing letter addressed to the President he virtually pleaded for the rejection of the report on the ground that the reservations and other remedies recommended on the basis of caste would not be in the interest of society and country. He opined that the principle of caste should be eschewed altogether. Then alone, he said, would it be possible to help the extremely poor and deserving members of all the communities. At the same time, he added, preference ought to be given to those who come from traditionally neglected social classes.

10. The report made by the Commission was considered by the Central Government, which apparently was not satisfied with the approach adopted by the Commission in determining the criteria for identifying the backward classes under Article 15 (4). The Memorandum of action appended to the Report of the Commission while placing it on the table of the Parliament (as required by clause (3) of Article 340) on September 3, 1956, pointed out that the caste system is the greatest hindrance in the way of our progress to egalitarian society and that in such a situation recognition of certain specified castes as backward may serve to maintain and perpetuate the existing distinctions on the basis of caste. The Memorandum also found fault with certain tests adopted by the Commission for identifying the backward classes. It expressed the opinion that a more systematic and elaborate basis has to be evolved for identifying backward classes. Be that as it may, the Report was never discussed by the Parliament.

11. No meaningful action was taken after 1956 either for constituting another Commission for evolving a better criteria. Ultimately, on August 14, 1961, the Central Government wrote to all the State Governments stating inter alia that "while the State Governments have the discretion to choose their own criteria for defining backwardness, in the view of the Government of India it 294 would be better to apply economic tests than to go by caste." The letter stated further, rather inexplicably**, that "even if the Central Government were to specify under Article 338 (3) certain groups of people as belonging to other backward classes, it will still be open to every State Government to draw up its own lists for the purposes of Articies 15 and 16. As, therefoore, the State Governments may adhere to their own lists, any All-India list drawn up the Central Government would have no practical utility." Various State Governments thereupon appointed Commissions for identifying backward classes and issued orders identifying the socially and educationally backward classes and reserving certain percentage of posts in their favour. So far as the Central services are concerned, no reservations were ever made in favour of other backward classes though made in favour of Scheduled Castes and Scheduled Tribes.

THE SECOND BACKWARD CLASSES COMMISSION (MANDAL COMMISSION)

12. By an Order made by the President of India, in the year 1979, under Article 340 of the Constitution, a Backward Class Commission was appointed to investigate the conditions of socially and educationally backward classes within the territory of India, which Commission is popularly known as Mandal Commission. The terms of reference of the Commission were:

"The terms of reference of the Commission were :-

(i) to determine the criteria for defining the socially and educationally backward classes ;

(ii) to recommend steps to be taken for the advancement of the socially and educationally backward classes of citizens so identified ;

(iii) to examine the desirability or otherwise of making provision for the reservation of appointments or posts in favour of such backward classes of citizens which are not adequately represented in public services and posts in connection with the affairs of the Union or of any State; and

(iv) present to the President a report setting out the facts as found by them and making such recommendations as they think proper."

The Commission was empowered to :-

"(a) obtain such information as they may consider necessary or relevant for their purpose in such form and such manner as they may think appropriate, from the Central Government, the State Government, the Union Territory Administrations and such other authorities, organisations or individuals as may in the opinion of the Commission, be of assistance to them; and ------** The lists drawn by State Governments would not apply to Central services. The Central Government has got to draw up its own list for the purposes of Central services, though it may not draw up an All-India list applicable to Central and State Services-assuming that Central Government can draw up a list for State Government services as well.

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(b) hold their sittings or the sittings of such sub-committeees as they may appoint from amongst their own members at such times and such places as may be determined by, or under the authority of the Chairman."

13. The report of the Commission was required to be submitted not later than 31st December, 1979, which date was later extended up to December 31, 1980. It was so submitted.

Chapter-I of the Report deals with the Constitution of First Backward Classes Commission (Kaka Kalelkar Commission), its report, the letter of Kaka Kalerkar to the President, the lack of follow-up action and the letter of the Central Government referred to hereinbefore to State Governments to draw up their own lists. It also points out certain "internal contradictions" in the Report. Chapter-II deals with the "status of other backward classes in some States". It sets out the several provisions relating to reservation in favour of O. B. Cs. obtaining in several States and the history of such reservations. Chapter-III is entitled "methodology and data base". It sets out the procedure followed by the Commission and the material gathered by them. Paras 3.1 and 3.2 read thus :

"3.1 One important reason as to why the Central Government could not accept the recommendations of Kaka Kalelkar Commission was that it had not worked out objective tests and criteria for the proper classification of socially and educationally backward classes. In several petitions filed against reservation orders issued by some State Governments, the Supreme Court and various High Courts have also emphasised the imperative need for an empirical approach to the defining of socially and educationally backwardness or identification of Other Backward Classes.

3.2 The Commission has constantly kept the above requirements in view in planning the scope of its activities. It was to serve this very purpose that the Commission made special efforts to associate the leading Sociologists, Research Organisations and Specialised Agencies of its country with every important fact of its activity. Instead of relying on one or two established techniques of enquiry, we tried to cast our net far and wide so as to collect facts and get feed-back from as large an area as possible. A brief account of this act is given below."

It then refers to the Seminar held by Department of Anthropollogy of Delhi University in march 1979, to the questionnaire issued to all departments of Central Government and to the State Governments (the proformas are complied in Vol.11 of the Report ) the country-wide touring undertaken by the Commission, the evidence recorded by it, the socio- educational field survey conducted by it and other studies and Reports involved in its work. In Chapter-IV the commission deals with the inter-relationship between social backwardness and caste. It describes how the fourth caste, Shudras, were kept in a state of intellectual and physical subjugation and historical injustices perpetraed on them. In para 4.5 the Commission states; " The real triumph of the caste system lies not in upholding the supremacy of the Brahmin, but in conditioning the consciousness of the lower castes in accepting their inferior status in the ritual hierarchy as a part of the natural order of things...... It was through an elaborate, complex and subtle scheme of scripture, mythology and ritual that Brahminism succeeded in investing the caste system with a moral authority that has been seldom effectively challanged even by the most ardent social reformers." 296

14. Chapter-V deals with 'social dynamics of caste'. In this chapter, the Commission emphasises the fact that notwithstanding public declarations condemning the caste, it has remained a significant basis of action in politics and public life. Reference is made to several caste associations, which have come into being after the Constitution. The concluding part in this Chapter. para 5.17 reads;

" the above account should serve as a warning against any hasty conclusion about the weakening of caste as the basis of social organisation of the Hindu society. The pace of social mobility is no doubt increasing and some traditional features of the caste system have inevitably weakened. But what caste has lost on the ritual front, it has more than gained on the political front. This has also led to some adjustments in the power equation between the high and low castes and thereby accentuated social tensions. Whether these tensions rent the social fabric or the country is able to resolve them by internal adjustments will depend on how unerstandingly the ruling high castes handle the legitimate aspirations and demands of the historically suppressed and backward classes."

Chapter-VI deals with 'Social Justice, merit and privilege'. It attempts to establish, that merit in a elitist society is not something inherent but is the consequence of environmental privileges enjoyed by the members of higher castes. This is sought to be illustrated by giving an example of two boys- Lallu and Mohan. Lallu is a village boy belonging to a backward class occupying a low social position in the village caste hirarchy. He comes from a poor illitrate family and studies at a village school, where the level of instruction is woeful. On the other hand , Mohan comes from a fairly well-off midle class and educated family, attends one of the good public schools in the city, has assistance at home besides the means of acquiring knowledge through television, radio, magazines and so on. Even though both Lallu and Mohan possess the same level of intelligence, Lallu can never compete with Mohan in any open competition because of the several enviromental disadvantages suffered by him .

15. Chapter-VII deals with ' Social jusice, Constitution and the law. It refers to the relevant provisions of the Constitution, to the decision in M.R. Balaji & Ors V. State of Mysore ( 1963 Suppl (1) S.C.R. 439 ) and various subsequent decisions of this court and discusses the principles flowing from the said decisions. It notes that the subsequent decisions of this Court in C.A. Rajendran V. Union of India ( 1968 (1) S.C.R. 721), State of Andhra Pradesh & Ors. V. P. Sagar ( 1968 (3) S.C.R. 595 ) and State of Andhra Pradesh & Ors. V. U.S.V. Balram (1972 (3) S.C.R. 247 ) etc. show a marked shift from the original position taken in Balaji on several important points. In particular, it refers to the observations in Rajendran to the effect that " caste is also a class of citizens and if the class as a whole is socially and educationally backward, reservation can be made in favour of such a caste on the ground that it was socially and educationally backward class of citizens within the meaning of Article 15(4) ." It refers to the statement in A. peerjakruppan etc. V. State of Tamil Nadu (1971 (2) S.C.R. 430) to effect that a caste has always been recognised as a class." It also commends the dissenting view of Subba Rao,J. in T. Devdasan V. Union Of India (1964 (4 ) S.C.R. 680 ) (wrongly referred to as Rangachari )- General Manager, Southern Railway V. Rangachari (1962 (2) S.C.R. 586 ).

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Chapter VIII deals with 'North- South Comparison of other Backward Classes Welfare'. It is a case study of provisions in force in two southern States namely Tamil Nadu and Karnataka and the two Northern States, Bihar and Uttar Pardesh. The conclusions drawn from the discussion are stated in para 8.45 in the following words:-

" In view of the foregoing account, the resons for much stronger reaction in the North than South to reservations. etc. for other Backward Classes may be summarised as below :-

(1) Tamil Nadu and Karnataka had a long history of backward classes movements and various measures for their welfare were taken in a phased manner. In Uttar pardesh and Bihar such measures did not mark the culmination of mass movement.

(2) In the south " the forward communities have the classification schemes or politically or both...... In Bihar and U.P. the G.Os. have not divided the forward castes."

(3) In the South . clashes between Scheduled Castes and and Backward peasant castes have been rather mild. In the North these cleavages have been much sharper. often resulting in acts of violence. This has further weakened the backward classes solidarity in the North.

(4) In the non- Sanskritic South, the basis Varna cleavage was between Brahmins and non- Brahmins and Brahmins constituted only about 3 percent of the population. In the Sanskritic North, there was no sharp cleavage between the forward castes and together they constituted nearly 20 percent of the population . In view of this the higher castes in U.P. and Bihar were in a stronger position to mobilise opposition to backward class movement.

(5) Owing to the longer history and better organisation of other Backward castes in the South, they were able to acquire considerable political clout. Despite the lead given by the Yadavas and other peasent castes, a unified and strong OBC movement has not emerged in the North so far.

(6) The traditions of semi-feudalism in Uttar Pradesh and Bihar have enabled the forward castes to keep tight control over smaller backward castes and prevent them from joining the mainstream of backward classes movement. This is not so in the south.

(7) "The economies of Tamil Nadu and Karnataka have been expanding relatively faster. The private tertiary sector appears to be growing. It can shelter many forward caste youths. Also, they are prepared to migrate outside the State. The private tertiary sectors in 298

Bihar and U.P. are stagnant. The forward caste youths in these two States have to depend heavily on Government jobs. Driven to desperation , they have reacted violently."

16. Chapter-IX sets out the evidence tendered by Central and State Governments while Chapter-X deals with the evidence tendered by the public. Cheapter-XI is quite important in as much as it deals with the " Socio- educational Feild Survey and Criteria of Backwardness " In this Chapter, the Commission says that it decided to tap a of number of sources for the collection of data, keeping in mind the criticism against the Kaka Kalelkar Commission as also the several Judgements of this Court . It says that Socio-Educational Field Survey was the most comprehensive inquiry made by the Commission in this behalf. Right from the beginning, this Survey was designed with the help of top social scientists and specialists in the country . Experts from a number of disciplines were associated with different phases of its progress. It refers to the work of Research Planning Team of Sociologists and the work done by a panel of experts led by Prof. M.N. Srinivas. It refers to the fact that both of them concurred that "In the Indian context such collectivities can be castes or other hereditary groups traditionally associated with specific occupations which are considered to be low and impure and with educational backwardness and low income are found to be associated." The Commission says further that with a view to providing continuous guidance at the operational level, a Technical Advisory Committee was set up under Dr. K.C. Seal, Director General, Central Statistical Organisation with the Chief Executive, National Sample Survey Organisation and representatives of Directors of State Bureaux of Economic and Statistics as Members. The Commission sets out 'the Methodology evolved by the Experts' panel and states that survey operations were entrusted to the State Statistical Organisations of the concerned States/ Union Territories. It refers to the training imparted to the survey staff and to the fact that the entire data so collected was fed into a computer for electronic processing of such data. Out of the 406 districts in the country, the survey covered 405 districts. In every district, two villages and one urban block was selected and in each of these villages and urban blocks, every single household was surveyed. The entire data collected was tabulated with the aid of National Informatic Centre of Electronics Commission of India. The Technical Committee constituted a Sub-Committee of Experts to help the Commission prepare "Indicators of Backwardness" for analysing the data contained in the computerised tables. In para 11.23 (page 52) the Commission sets out the eleven Indicators/Criteria evolved by it for determining social and educational backwardness. Paras 11.23, 11.24 and 11.25 are relevant and may be set out in full :-

"11.23. As a result of the above exercise, the Commission evolved eleven 'Indicators' or 'criteria' for determining social and educational backwardness. These 11 Indicators were grouped under three broad heads, i.e., Social, Educational and Economic. They are :-

A. Social

(i) Castes/Classes considered as socially backward by others.

(ii) Castes/Classes which mainly depend on manual labour for their livelihood.

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(iii) Castes/Classes where at least 25% females and 10% males above the State average get married at an age below 17 years in rural areas and at least 10% females and 5% males do so in urban areas.

(iv) Castes/Classes where participation of females in work is at least 25% above the State average.

B. Educational

(v) Castes/Classes where the number of children in the age group of 5- 15 years who never attended school is at least 25% above the State average.

(vi ) Castes/Classes where the rate of student drop-out in the age group of 5-15 years is at least 25% above the State average.

(vii) Castes/Classes amongst whom the proportion of matriculates is at least 25% below the State average.

C. Economic

(viii) Castes/Classes where the average value of family assets is at least 25% below the State average.

(ix) Castes/ Classes where the number of families living in kuccha houses is at least 25% above the State average.

(x) Castes/Classes where the source of drinking water is beyond half a kilometer for more than 50% of the households.

(xi) Castes/Classes where the number of households having taken consumption loan is at least 25% above the State average.

11.24 As the above three groups are not of equal importance for our purpose, separate weightage was given to 'Indicators' in each group . All the Social 'Indicators' were given a weightage of 3 points each. Educational 'Indicators ' a weightage of 2 points each and Economic ' Indicators' a weightage of one point each. Economic , in addition to Social and Educational Indicators, were considered important as they directly flowed from social and educational backwardness. This also helped to highlight the fact that socially and educationally backward classes are economically backward also.

11.25 It will be seen that from the values given to each Indicator, the total score adds upto 22. All these 11 Indicators were applied to All the castes covered by the survey for a particular State. As a result of this application, all castes which had a score of 50 percent (i.e., 11 points ) or above were listed

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as socially and educationally backward and the rest were treated as ' advanced'. (It is a sheer coincidence that the number of indicators and minimum point score for backwardness, both happen to be eleven). Further , in case the number of households covered by the survey for any particular caste were below 20, it was left out of consideration , as the sample was considered too small for any dependable inference.

It will also be useful to set out the observations of the Commission in para 11.27:-

"11.27 In the end it may be emphasised that this survey has no pretentions to being a piece of academic research. It has been conducted by the administrative machinery of the Government and used as a rough and ready tool for evolving a set of simple Critaria for identifying social and educational backwardness. Throughout this survey our approach has been conditioned by practical consideration, realities of field conditions, constraints of resources and trained manpower and paucity of time. All these factors obviously militate against the requirments of a technically sophisticated and academically satisfying operation."

17. Chapter-XII deals with ' Identification of OBC's'. In the first instance, the Commission deals with OBCs among Hindu Communities. It says that it applied several tests for determining the SEBCs like stigmas of low -occupation, criminality, nomadism, beggary and untouchability besides inadequate representation in public services. The multiple approach adopted by the Commission is set out in para 12.7 which reads:-

"12.7 Thus, the Commission has adopted a multiple approach for he preparation of comprehensive lists of other Backward Classes for all the States and Union Territories. The main sources examined for the preparation of these lists are:-

(i) Socio-educational field survey;

(ii) Census Report of 1961 ( particularly for the identification of primitive tribes, aboriginal tribes, hill tribes, forest tribes and indigenous tribes );

(iii) personal knowledge gained through extensive touring of the country and receipt of voluminous public evidences as described in Chapter X of this Report; and

(iv) Lists of OBCs notified by various State Governments."

The Commission next deals with OBCs among Non- Hindu Communities. In paragraphs 12.11 to 12.16 the Commission refers to the fact that even among Christian, Muslim and Sikh religions, which do not recognise caste, the caste system is prevailing though without relgious sanction . After giving a good deal of thought to several difficulties in the way of identifying OBCs among Non-Hindus, the Commission says, it has evolved a rough and ready criteria viz., 301

(1) all untouchables converted to any non-Hindu religion and (2) such occupational communities which are known by the name of their traditional hereditary occupation and whose Hindu counterparts have been included in the list of Hindu OBCs-ought to be treated as SEBCS. The Commission then sought to work out the estimated population of the OBCs in the country and arrived at the figure of 52 per cent. Paras 12. 19, 12. 22 may be set out in full in view of their relevancy :

"12. 19 Systematic caste-wise enumeration of population was introduced by the Registrar General of India in 1881 and discontinued in 1931. In view of this, figures of caste-wise population beyond 1931 are not available. But assuming that the inter se rate of growth of population of various castes, communities and religious groups over the last half a century has remained more or less the same, it is possible to work out the percentage that all these groups constitute of the total population of the country.

12.22 From the foregoing it will be seen that excluding Scheduled Castes and Scheduled Tribes, Other Backward Classes constitute nearly 52% of the Indian population.

Percentage Distribution of Indian Population by Caste and Religious Groups :-

------S. No. Group Name Percentage of total Population ------I. Scheduled Castes and Scheduled Tribes

A-1 Scheduled Castes 15.05 A-2 Scheduled Tribes 7. 51 ------Total of 'A' 22. 56 ------

II. Non-Hindu Communities, Religious Groups, etc.

B-1 Muslims (other than STs ) 11. 19 (0. 02)* B-2 Christians (other than STs) 2. 16 (0.44)* B-3 Sikhs (other than SCs & STs) 1. 67 (0.22)* B-4 Budhists (other than STs) 0. 67 (0.03)* B-5 Jains 0.47 ------Total of B 16.16 ------*Figures in brackets give the population of S. C. & S.T. among these non-Hindu Communities." 302

------S. No. Group Name Percentage of total Population ------

III. Forward Hindu Castes & Communities.

C-1 Brahmins (including Bhumidars) 5. 52 C-2 Rajputs 3. 90 C-3 Marathas 2. 21 C-4 Jats 1. 00 C-5 Vaishyas-Bania, etc. 1. 88 C-6 Kayasthas 1. 07 C-7 Other forward Hindu castes groups 2. 00 ------Total of 'C' 17.58 ------

TOTAL OF 'A', 'B' & 'C' 56. 30

IV. Backwaed Hindu Castes & Communities

D. Remaining Hindu Castes/groups which come in the category of "Other Backward Classes" 43. 70@

V. Backward Non-Hindu Communities

E. 52% of religious groups under Section B may also be treated as OBCs. 8. 40

F. The approximate derived Population of Other Backward Classes including non-Hindu Communities. 52% (Aggregate of D. & E, rounded)

18. Chapter-XIII contains various recommendations including reservations in services. In view of the decisions of the Supreme Court limiting the total reservation to 50 per cent, the Commission recommended 27 per cent reservation in favour of OBCs (in addition to 22.5 per cent already existing in favour of SCs and STs). It recommended several measures for improving the condition of these backward classes. Chapter-XIV contains a summary of the report. ------@ This is a derived figure.

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19. Volume 2 to 9 of the Report contain and set out the material and the data on the basis of which the Commission made its recommendations. Vol. II contains the State-wise lists of Backward Classes, as identified by the Commission. (It may be remembered that both the Scheduled Castes order and Scheduled Tribes order notified by the President contain State-wise lists of Scheduled Castes and Scheduled Tribes). Volume II inter alia contains the questionnaire issued to the State Governments/Union Territories, the questionnaire issued to the Central Government Ministries/Departments, the questionnaire issued to the general public, the list of M.P.s. and other experts who appeared and gave evidence before the Commission, the criteria furnished to Central Government Offices for identifying OBC employees for both Hindu and Non- Hindu Communities, report of the Research Planning Team of the Sociologists and the proformas employed in conducting the Socio-Education Survey.

20. The Report of the Mandal Commission was laid before each House of Parliament and discussed on two occasions once in 1982 and again in the year 1983. The proceedings of the Lok Sabha placed before us contain the statement of Sri R. Venkataraman, the then Minister for Defence and Home Affairs. He expressed the view that "the debate has cut across party lines and a number of people on this side have supported the recommendations of the Mandal Commission. A large number of people on the other side have also supported it. If one goes through the entire debate one will be impressed with a fairly unanimous desire on the part of all sections of the House to find a satisfactory solution to this social evil of backwardness of Scheduled Castes/Scheduled Tribes etc., which is a festering sore in our body politic." The Hon' ble Minister then proceeded to state," the Members generally said that the recommendations should be accepted. Some Members said that it should be accepted in toto. Some Members have said that it should be accepted with certain reservations. Some Members said, there should be other criteria than only social and educational backwardness. But all these are ideas which Government will take into account. The problem that confronts Government today is to arrive at a satisfactory definition of backward classes and bring about an acceptance of the same by all the States concerned." The Hon'ble Minister referred to certain difficulties the Government was facing in implementing the recommendations of the Commission on account of the large number of castes identified and on account of the variance in the State lists and the Mandal Commission lists and stated that consultation with various departments and State Governments was in progress in this behalf. He stated that a meeting of the Chief Ministers would be convened shortly to take decisions in the matter.

The Report was again discussed in the year 1983. The then Hon'ble Minister for Home Sri P. C. Sethi, while replying to the debate stated; "while referring to the Commission whose report has been discussed today, I would like to remind the House that although this Commission had been appointed by our predecessor Government, we now desire to continue with this Commission and implement its recommendations."

The Office Memorandum dated 13th August, 1990.

21. No action was, however, taken on the basis of the Mandal Commission Report until the issuance of the Office Memorandum on 25th September, 1991. On that day, the then Prime Minister, Sri V.P. Singh made a statement in the Parliament in which he stated inter alia as follows: 304

"After all, if you take the Strength of the whole of the Government employees as a proportion of the population, it will be 1% or 1 ½%. I do not know exactly, it may be less than 1%. We are under no illusion that this 1% of the population, or a fraction of it will resolve the economic problems of the whole section of 52%. No, we consciously want to give them a position in the decision-making of the country, a share in the power structure. We talk about merit. What is the merit of the system itself ? That the section which has 52% of the population gets 12.55% in Government employment. What is the merit of the system? That in Class I employees of the Government it gets only 4. 69%, for 52% of the population in decision-making at the top echelons it is not even one-tenth of the population of the country; in the power structure it hardly 4. 69. I want to challenge first the merit of the system itself before we come and question on the merit, whether on merit to reject this individual or that. And we want to change the structure basically, consciously, with open eyes. And I know when changing the structures comes, there will be resistance------

What I want to convey is that treating unequals as equals is the greatest injustice

And, correction of this injustice is very important and that is what I want to convey. Here, the National Front Government's commitment for not only change of Government, but also change of the social order, is something of great significance to all of us; it is a matter of great significance. Merely making programmes of economic benefit to various sections of the society will not do ......

There is a very big force in the argument to involve the poorest in the power structure. For a lot of time we have acted on behalf of the poor. We represent the poor......

Let us forget that the poor are begging for some crumbs. They have suffered it for the thousands of years. Now they are fighting for their honour as a human being......

A point was made by Mahajan ji that if there are different lists in different States how will the Union List harmonise? It is so today in the case of the Scheduled Castes and the Schedule Tribes. That has not caused a problem. On the same pattern, this will be there and there will be no problem."

22. The office Memorandum dated 13th August, 1990 reads as follows :

OFFICE MEMORANDUM

Subject: Recommendations of the Second Backward Classes Commission (Mandal Report) - Reservation for Socially and Educationally Backward Classes in services under the Government of India.

305

In a multiple undulating society like ours, early achievement of the objective of social justice, as enshrined in the Constitution is a must. The Second Backward Classes Commission, called the Mandal Commission, was established by the then Government with this purpose in view, which submitted its report to the Government of India on 31.12.1980.

2. Government have carefully considered the report and the recommendations of the Commission in the present context regarding the benefits to be extended to the socially and educationally backward classes as opined by the Commission and are of the clear view that at the outset certain weightage has to be provided to such classes in the services of the Union and their Public Undertakings. Accordingly orders are issued as follows:-

(i) 27% of the vacancies under the Government of India shall be reserved for SEBC.

(ii) The aforesaid reservation shall apply to vacancies to be filled by direct recruitment. Detailed instructions relating to the procedures to be followed for enforcing reservation will be issued separately.

(iii) Candidates belonging to SEBC 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%.

(iv) The SEBC would comprise in the first phase the castes and communities which are common to both the list in the report of the 'Mandal Commission and the State Governments' lists. A list of such castes/communities is being issued seperately.

(v) The aforesaid reservation shall take effect from 7.8.1990. However, this will not apply to vacancies where the recruitment process has already been initiated prior to the issue of these orders.

3. Similar instructions in respect of public sector undertaking and financial instructions including public sector banks will be issued by the Department of Public Enteprises and Ministry of Finance respectively.

sd/- (Smt. Krishana Singh ) Joint Secretary to the Govt. of India

306

23. Soon after the issuance of the said Memorandum there was wide-spread protest in certain Northern States against it. There occurred serious disturbance to law and order involving damage to private and public property. Some young people lost their lives by self-immolation. Writ Petitions were filed in this Court questioning the said Memorandum along with applications for staying the operation of Memorandum. It was stayed by this court.

The Office Memorandum dated 25th September, 1991

24. After the change of the Government at the centre following the general election held in the first half of 1991, another office Memorandum was issued on 25th september,1991 modifying the earlier Memorandum dated 13th August, 1990. The later Memorandum reads as follows :

OFFICE MEMORANDUM

Subject : Recommendation of the Second Backward Classes Commission (Mandal Report ) Reservation for Socially and Educationally Backward Classes in service under the Government of India.

The undersigned is directed to invite the attention to O. M. of even number dated the 13th August, 1990, on the above mentioned subject and to say that in order to enable the poorer sections of the SEBCs to receive the benefits of reservation on a preferential basis and to provide reservation for other economically backward sections of the people not covered by any of the existing schemes of reservation, Government have decided to amend the said Memorandum with immediate effect as follows :-

(i) Within the 27% of the vacancies in civil posts and services under the Government of India reserved for SEBCs., preference shall be given to candidates belonging to the poorer sections of the SEBCs. In case sufficient number of such candidates are not available, unfilled vacancies shall be filled by other candidates.

(ii) 10% of the vacancies in civil posts and services under the Government of India shall be reserved for other economically backward sections of the people who are not covered by any of the existing schemes of reservation.

( iii ) The criteria for determining the poorer sections of the SEBCs or the other economically backward sections of the people who are covered by any of the existing schemes issued separately.

The O.M. of even number dated the 13th August, 1990, shall be deemed to have been amended to the extent specified above.

sd/- (A. K. HARIT ) Dy. Secretary To the Government of India. 307

25. Till now, the Central Government has not evolved the economic criteria as contemplated by the later Memorandum, though the hearing of these writ petitions was adjourned on more than one occasion for the purpose. Some of the Writ petitions have meanwhile been amended challenging the later Memorandum as well. Let us notice at this stage what do the two memorandums say, read together. The first provision made is 27% of vacancies to be filled up by direct recruitment in civil posts and services under the Government of India are reserved for backward classes. Among the members of the backward classes preference has to be given to candidates belonging to the poorer sections. Only in case, sufficient number of such candidates are not available, will the unfilled vacancies be filled by other backward class candidates. The second provision made is: backward class candidates recruited on the basis of merit in open competition along with general candidates shall not be adjusted against the quota of 27% reserved for them. Thirdly, it is provided that backward classes shall mean those castes and communities which are common to the list in the report of the Mandal Commission and the respective State Government's list. It may be rememberd that Mandal Commission has prepared the list of backward classes State-wise. Lastly, it is provided that 10% of the vacancies shall be reserved for other economically backward sections of the people who are not covered by any of the existing schemes of reservations. As stated above, the criteria for determining the poorer sections among the backward classes or for determining the other economically backward sections among the non- reserved category has so far not been evolved. Though the first memorandum stated that the orders made therein shall take effect from 7.8.1990. They were not in fact acted upon on account of the orders made by this Court.

Issues for consideration

26. These writ petitions were heard in the first instance by a Constitution Bench presided over by the then Chief Justice Sri Ranganath Misra. After hearing them for some time, the Constitution Bench referred them to a Special Bench of Nine Judges, "to finally settle the legal position relating to reservations." The reason for the reference being, "that the several Judgments of this Court have not spoken in the same voice on this issue and a final look by a larger Bench in our opinion should settle the law in an authoritative way".

We have, accordingly, heard all the parties and interveners who wished to be heard in the matter. Written submissions have been filed by almost all the parties and interveners. Together, they run into several hundreds of pages.

At the inception of arguments, counsel for both sides put their heads together and framed eight questions arising for our discussion. They read as follows :-

(i) Whether Article 16 (4) is an exception to Article 16 (i) and would be exhaustive of the right to reservation to posts in services under the State?

(ii) What would be the content of the phrase Backward Class in Article 16 (4) of the Constitution and whether caste by itself could constitute a class and whether economic criterion by itself could identify a class for Article 16 (4) and whether Backward Classes in Article 16 (4) would include the Article 46 as well ? 308

(iii) If economic criterion by itself could not constitute a Backward Class under Article 16 (4) whether reservation of posts in services under the State based exclusively on economic criteria would be covered by Article 16 (1) of the Constitution?

(iv) Can the extent of reservation to posts in the services under the State under Article 16 (4) or, if permitted under Article 16 (1) and 16 (4) together, exceed 50% of the posts in a cadre or Service under the State or exceed 50% of the appointments in a cadre or Service in any particular year and can such extent of reservation be determined without determining the inadequacy of representation of each class in the different categories and grades of Services under the State?

(v) Does Article 16 (4) permit the classification of 'Backward Classes into Backward Classes and Most Backward Classes or permit classification among them based on economic or other considerations?

(vi) Would making "any provision" under Article 16 (4) for reservation "by the State" necessarily have to be by law made by the legislatures of the State or by law made by Parliament? or could such provisions be made by an executive order?

(viii) Will the extent of judicial review be limited or restricted in regard to the identification of Backward Classes and the percentage of reservations made for such classes, to a demonstrably perverse identification or a demonstrably unreasonable percentage?

(viii) Would reservation of appointments or posts "in favour of any Backward Class" be restricted to the initial appointment to the post or would it extend to promotions as well ?

For the sake of convenient discussion and in the interest of clarity, we found it necessary to elaborate them.. Accordingly, we have re-framed the questions. We shall proceed to answer them in the same order. There-framed questions are :

1 (a) Whether the provision contemplated by Article 16 (4) must necessarily be made by the legislative wing of the State?

(b) If the answer to clause (a) is in the negative, whether an executive order making such a provision is enforceable without incorporating it into a rule made under the proviso to Article 309?

2 (a) Whether clause (4) of Article 16 is an exception to clause (1) of Article 16 ?

(b) Whether clause (4) of Article 16 is exhaustive of the special provisions that can be made in favor of backward class of citizens? Whether it is exhaustive of the special provisions that can be made in favour of all sections, classes or groups? 309

(c) Whether reservations can be made under clause (I) of Article 16 or whether it permits only extending of preferences/concessions ?

3 (a) What does the expression 'backward class of citizens' in Article 16 (4) means ?

(b) Whether backward classes can be identified on the basis and with reference to caste alone ?

(d) Whether the 'means' test can be applied in the course of identification of backward classes? And if the answer is yes, whether providing such a test is obligatory ?

4 (a) Whether the backward classes can be identified only and exclusively with reference to economic criteria ?

(b) Whether a criteria like occupation-cum-income without reference to caste altogether, can be evolved for identifying the backward classes ?

5. Whether the backward classes can be further categorised into backward and more backward categories ?

6. To what extent can the reservation be made ?

(a) Whether the 50% rule enunciated in Balaji a binding rule or only a rule of caution or rule of prudence ?

(b) Whether the 50% rule, if any, is confined to reservations made under clause (4) of Article 16 or whether it takes in all types of reservations that can be provided under Article 16 ?

(c) Further while applying 50% rule, if any, whether an year should be taken as a unit or whether the total strength of the cadre should be looked to ?

Whether Devadasan was correctly decided ?

7. Whether Article 16 permits reservations being provided in the matter of promotions ?

8. Whether reservations are anti-meritian ? To what extent are Articles 335, 38 (2) and 46 of the Constitution relevant in the matter of construing Article 16 ? 310

9. Whether the extent of judicial review is restricted with regard to the identification of Backward Classes and the percentage of reservations made for such classes to a demonstrably perverse identification or a demonstrably unreasonable percentage ?

10. Whether the distinction made in the Memorandum between poorer sections of the backward classes and others permissible under Article 16 ?

11. Whether the reservation of 10% of the posts in favour of other economically backward sections of the people who are not covered by any of the existing schemes of the reservations made by the office Memorandum dated 25.9.1991 permissible under Article 16 ?

26A. Before we proceed to deal with the question, we may be permitted to make a few observations. The questions arising herein are not only of great moment and consequence, they are also extremely delicate and sensitive. They represent complex problems of Indian Society, wrapped and presented to us as constitutional and legal questions. On some of these questions, the decisions of this Court have not been uniform. They speak with more than one voice. Several opposing points of view have been pressed upon us with equal force and passion and quite often with great emotion. We recognize that these view - points are held genuinely by the respective exponents. Each of them feels his own point of view is the only right one . We can not , however, agree with all of them. We have to find- and we have tried our best to find- answers which according to us are the right ones constitutionally and legally. Though , we are sitting in a larger Bench, we have kept in mind the relevence and significance of the principle of stare decisis . We are conscious of the fact that in law certainty, consistency and continuity are highly desirable features. Where a decision has stood the test of time and has never been doubted , we have respected it - unless, of course, there are compelling and strong reasons to depart from it. Where, however , such uniformity is not found, we have tried to answer the question on principle keeping in mind the scheme and goal of our Constitution and the material placed before us.

There are occasions when the obvious needs to be stated and , we think , this is one such occasion. We are dealing with complex social, constitutional and legal questions upon which there has been a sharp division of opinion in the Society, which could have been settled more satisfactorily through political processes. But that was not to be . The issues have been relegated to the judiciary- which shows both the disinclination of the executive to grapple with these sensitive issues as also the confidence reposed in this organ of the State. We are reminded of what Sir Anthony Mason, Chief Justice of Australia once said:

" Society exhibits more signs of conflict and disagreement today then it did before...... Governments have always had the option of leaving questions to be determined by the Courts according to law ......

There are other reasons, of course------that cause governments to leave decisions to be made by Courts. They are of expedient political character. The community may be so divided on a particular issue that a government feels that the safe course for it to pursue is to leave the issue to be resolved by the 311

Courts, thereby diminishing the risk it will alienate significant sections of the Community."

But then answering a question as to the legitimacy of the Court to decide such crucial issues , the learned Chief Justice says:

"...... my own feeling is that the people accept the Courts as the appropriate means of resolving disputes when governments decide not to attempt to solve the disputes by the political process."

(Judging the World; Law and Politics in the Worlds' Leading Courts-- page 343 )

We hope and trust that our people too are mature enough to appreciate our endeavor in the same spirit . They may well remember that " the law is not an abstract concept removed from the society it serves, and that Judges, as safe- guarders of the Constitution, must constantly strive to narrow the gap between the ideal of equal justice and the reality of social inequality."

PART - II

Before we proceed to answer the questions aforementioned, it would be helpful to notice (a) the debates in the Constituent Assembly on Article 16 (draft Article 10); (b) the decisions of this Court on Articles 16 and 15 ; and (c) a few decisions of the U.S. Supreme Court considering the validity of race- conscious programmes.

The Framing of Article 16

Debates in the Constituent Assembly

25. Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly clause (3) , thereof (corresponding to clause (4) of Article 16) helps us to appreciate the background and understand the objective underlying Article 16 , and in particular , clause (4) thereof. The original intent comes out clear and loud from these debates.

Omitting draft clause (4) (which corresponds to clause (5) of Article 16) the three clauses in draft Article 10, as introduced in the Constituent Assembly , read as follows:

" 10 ( 1 ) . There shall be equality of opportunity for all citizens in matters of employment under the State.

(2 ) No citizen shall, on grounds only of religion, race , caste , sex, descent , place of birth or any of them be ineligible for any office under the State.

( 3 ) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of 312

any class of citizens who in the opinion of the State are not adequately represented in the services under the State."

It was the Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar that inserted the word "backward" in between the words " in favour of any" and " class of citizens ". The discussion on draft Article 10 took place on November 30, 1948. Several members including S/Sri Damodar Swarup Seth, Pt. Hirdya Nath Kunzru and R.M. Nalavade complained that the expressions 'backward' and 'backward classes' are quite vague and are likely to lead to complications in future. They suggested that appointments to public services should be made purely on the basis of merit. Some others suggested that such reservations should be available only for a period of first ten years of the Constitution. To this criticism the Vice-President of the Assembly ( Dr. H.C. Mookherjee ) replied in the following words:

" Before we start the general discussion , I would like to place a particular matter before the Honourable Members. The clause which has so long been under discussion affects particularly certain sections of our population - sections which have in the past been treated very cruelly - and although we are today prepared to make reparation for the evil deeds of our ancestors, still the old story continues , at least here and there , and capital is made out of it outside India...... I would therefore very much appreciate the permission of the House so that I might give full discussion on this particular matter to our brethren of the backward classes. Do I have that permission ?"

26. In the ensuing discussion Sri Chandrika Ram (Bihar -General) supported draft clause (3) with great passion . He pleaded for reservation in favour of Backward Classes both in services as well as in the legislature, just as in the case of Harijans .

Sri Chandrika Ram was supported by another Member Sri P. Kakkan ( Madras - General) and Sri T. Channiah ( Mysore ). Sri Channiah, in particular, commented upon the Members coming from Northern India being puzzled about the meaning of the expression 'backward class' and proceeded to clarify the same in the following words:-

" The backward classes of people as understood in South India, are those classes of people who are educationally backward , it is those classes that require adequate representation in the services. There are other classes of people who are socially backward; they also require adequate representation in the service."

27. After the discussion proceeded for some more time, Sri K.M. Munshi, who was a Member of the Drafting Committee rose to explain the content of the word 'backward'. He said :-

"What we want to secure by this clause are two things. In the fundamental right in the first clause we want to achieve the highest efficiency in the services of the State-highest efficiency which would enable the services to function effectively and promptly. At the same time, in view of the conditions in our 313

country prevailing in several provinces, we want to see that backward classes, classes who are really backward, should be given scope in the State services; for it is realised that State services give a status and an opportunity to serve the country, and this opportunity should be extended to every community, even among the backward people. That being so, we have to find out some generic term and the word "backward class" was the best possible term."

Sri Munshi proceeded to state :

"I may point out that in the province of Bombay for several years now, there has been a definition of backward classes, which includes not only Scheduled Castes and Scheduled Tribes but also other backward classes who are economically, educationally and socially, backward. We need not therefore, define or restrict the scope of the word "backward" to a particular community. Whoever is backward will be covered by it and I think the apprehensions of the Honourable Members are not justified."

Ultimately Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, got up to clarify the matter. His speech, which put an end to all discussion and led to adopting of draft Article 10(3), is worth quoting in extenso, since it throws light on several questions relevant herein :

"...... there are three points of view which it is necessary for us to reconcile if we are to produce a workable proposition which will be accepted by all. Of the three points of view, the first is that there shall be equality of opportunity for all citizens. It is the desire of many Members of this House that every individual who is qualified for a particular post should be free to apply for that post, to sit for examinations and to have his qualifications tested so as to determine whether he is fit for the post or not and that there ought to be no limitations, there ought to be no hindrance in the operation of this principle of equality or opportunity. Another view mostly shared by a section of the House is that, if this principle is to be operative and it ought to be operative in their judgement to its fullest extent-there ought to be no reservations of any sort for any class or community at all, that all citizens, if they are qualified, should be placed on the same footing of equality so far as the public services are concerned. That is the second point of view we have. Then we have quite a massive opinion which insists that, although theoretically it is good to have the principle that there shall be equality of opportunity, there must at the same time be a provision made for the entry of certain communities which have so far been outside the administration. As I said, the Drafting Committee had to produce a formula which would reconcile these three points of view, firstly, that there shall be equality of opportunity, secondly that there shall be reservations in favour of certain communities which have not so far had a 'proper look in' so to say into the administration. If honourable Members will bear these facts in mind the three principles we had to reconcile, they will see that no better formula could be produced than the one that is embodied in sub-clause (3) of article 10 of the Constitution. It is a generic principle. At the same time, as I said, we had to reconcile this formula with the demand made by certain 314

communities that the administration which has now for historical reasons been controlled by one community or a few communities that situation should disappear and that the others also must have an opportunity of getting into the public services. Supposing, for instance, we were to concede in full the demand of those communities who have not been so far employed in the public service to the fullest extent, what would really happen is, we shall be completely destroying the first proposition upon which we are all agreed, namely, that there shall be an equality of opportunity. Let me give an illustration. Supposing, for instance, reservation were made for a community or a collection of communities, the total of which came to something like 70 percent of the total posts under the State and only 30 per cent are retained as the unreserved. Could anybody say that the reservation of 30 per cent as open to general competition would be satisfactory from the point of view of giving effect to the first principle, namely, that three shall be equality of opportunity ? It cannot be in my judgment. Therefore the seats to be reserved, if the reservation is to be consistent with sub-clause (1) of Article 10, must be confined to a minority of seats. It is then only that the first principle could find its place in the Constitution and effective in operation. If honorable Members understand this position that we have to safeguard two things, namely, the principle of equality of opportunity and at the same time satisfy the demand of communities which have not had so far representation in the State, then, I am sure they will agree that unless you use some such qualifying phrase as "backward" the exception made in favour of reservation will ultimately eat up the rule altogether. Nothing of the rule will remain. That I think if I may say so, is the justification why the Drafting Committee undertook on its own shoulders the responsibility of introducing the word "backward" which, I admit, did not originally find a place in the fundamental right in the way in which it was passed by this Assembly----

Somebody asked me: "What is a Backward Community"? Well, I think any one who reads the language of the draft itself will find that we have left it to be determined by each local Government. A backward community is a community which is backward in the opinion of the Government."

The above material makes it amply clear that the objective behind clause (4) of Article 16 was the sharing of State power. The State power which was almost exclusively monopolised by the upper castes i. e., a few communities, was now sought to be made broad-based. The backward communities who were till then kept out of apparatus of power, were sought to be inducted there into and since that was not practicable in the normal course, a special provision was made to effectuate the said objective. In short, the objective behind Article 16 (4) is empowerment of the deprived backward communities to give them a share in the administrative apparatus and in the governance of the community.

315

Decisions of this Court on Articles 16 and 15.

29. Soon after the enforcement of the Constitution two cases reached this Court from the State of Madras-one under Article 15 and the other under Article 16. Both the cases were decided on the same date and by the same Bench. The one arising under Article 15 is State of Madras V. Champakam Dorairajan (1951 S.C.R. 525) and the other arising under Article 16 is Venkataraman V. State of Madras (A.I. R. 1951 S. C. 229). By virtue of certain orders issued prior to coming in to force of the Constitution, popularly known as Communal G. O. seats in the Medical and Engineering Colleges in the State of Madars were apportioned in the following manner: Non-Brahmin (Hindus)-6, Backward Hindus-2, Brahmin-2, Harijan-2, Anglo Indians and Indian Christians-1, Muslims-1. Even after the advent of the Constitution, the G. O. was being acted upon which was challenged by Smt. Champakam as violative of the fundamental rights guaranteed to her by Articles 15 (1) and 29 (2) of the Constitution of India. A full Bench of Madras High Court declared the said G. O. as void and un-enforceable with the advent of the Constitution. The State of Madras brought the matter in appeal to this Court. A Special Bench of Seven Judges heard the matter and came to the unanimous conclusion that the allocation of seats in the manner aforesaid is violative of Articles 15 (1) and 29 (2) in as much as the refusal to admit the respondent (writ petitioner) notwithstanding her higher marks, was based only on the ground of caste. The State of Madras sought to sustain the G. O. with reference to Article 46 of the Constitution. Indeed the argument was that Article 46 over-rides Articles 29 (2). This argument was rejected. The Court pointed out that while in the case of employment under the State, clause (4) of Article 16 provides for reservations in favour of backward class of citizens, no such provision was made in Article 15.

30. In the matter of appointment to public services too, a similar communal G. O. was in force in the State of Madras since prior to the Constitution. In December, 1949, the Madras Public Service Commission invited applications for 83 posts of District Munsifs, specifying at the same time that the selection of the candidates would be made from the various castes, religions and communities as specified in the communal G. O. The 83 vacancies were distributed in the following manner: Harijans-19, Muslims-5, Christians-6, Backward Hindus-10. Non- Brahmin (Hindus)-32 and Brahmins-11. The petitioner Venkataraman (it was a petition under Article 32 of the Constitution) applied for and appeared at the interview and the admitted position was that if the provisions of the communal G. O. were to be disregarded, he would have been selected. Because of the G. O., he was not selected (he belonged to Brahmin community). Whereupon he approached this Court. S. R. Das, J. speaking for the Special Bench referred to Article 16 and in particular to Clause (4) thereof and observed: "Reservation of posts in favour of any backward class of citizens cannot, therefore, be regarded as un-constitutional". He proceeded to hold :

"The Communal G.O. itself makes an express reservation of seats for Harijans & Backward Hindus. The other categories, namely, Muslims, Charistians, Non- Brahmin Hindus & Brahmins must be taken to have been treated as other than Harijans & Backward Hindus. Our attention was drawn to a schedule of Backward Classes set out in Sch.-III to part I of the Madras Provincial & Subordinate Service Rules. It was, therefore, argued that Backward Hindus would mean Hindus of any of the communities mentioned in that Schedule. It is, in the circumstances, impossible to say that classes of people other than 316

Harijans & Backward Hindus can be called Backward Classes. As regards the posts reserved for Harijans & Backward Hindus it may be said that the petnr. who does not belong to those two classes is regarded as ineligible for those reserved posts not on the ground of religion, race, caste etc. but because of the necessity for making a provision for reservation of such posts in favour of a backward class of citizens, but the ineligibility of the petnr, for any of the posts reserved for communities other than Harijans and Backward Hindus cannot but be regarded as founded on the ground only of his being a Brahmin. For instance, the petnr, may be far better qualified than a Muslim or a Christian or a Non- Brahmin candidate & if all the posts reserved for those communities were open to him , he would be eligible for appointment, as is conceeded by the learned Advocate General of Madras, but, nevertheless, he cannot expect to get any of those posts reserved for those different categories only because he happens to be a Brahmin. His inelgibility for any of the posts reserved for the other communities , although he may have far better qualifications than those possessed by members falling within those categories, is brought about only because he is a Brahmin & does not belong to any of those categories. This ineligibility created by the Communal G.O. does not appear to us to be sanctioned by cl. ( 4 ) of Art. 16 & it is an infringment of the fundamental right guaranteed to the petnr. as an indvidual citizen under Art.16 (1) & (2). The Communal G.O., in our opinion, is repugnant to the provisions of Art. 16 & is as such void and illegal."

31. Sri Ram Jethmalani, the learned counsel appearing for the Respondent- State of Bihar placed strong reliance on the above passage. He placed before us an extract of the Schedule of the Backward Classes appended to the Madras Provincial and Subordinate Service Rules, 1942. He pointed out that clause ( 3 ) (a ) in Rule 2 defined the expression backward classes to mean "the communities mentioned in Schedule III to this part", and that Schedule III is exclusively based upon caste. The Schedule describes the communities mentioned therein under the heading "Race, Tribe or Caste". It is pointed out that when the said Schedule was substituted in 1947, the basis of classification still remained the caste, though the heading "Races, Tribes and Castes" was removed. Mr. Jethmalani points out that the Special Bench took note of the fact that Schedule III was nothing but a collection of certain 'communities', notified as backward classes and yet upheld the reservation in their favour. According to him, the decision in Venkataraman clearly supports the identification of backward classes on the basis of caste. The Communal G.O. was struck down, he submits. only in so far as it apportioned the remaining vacancies between sections other than Harijans and backward classes. It is rather curious, says the counsel, that the decision in Venkataraman has not attracted the importance it deserves all these years. All the subsequent decisions of this court refer to Champakam. Hardly any decision refers to Venkataraman notwithstanding the fact that Venkataraman was a decision rendered with reference to Article 16.

32. Soon after the said two decisions were rendered the Parliament intervened and in exercise of its constituent power, amended Article 15 by inserting clause (4), which reads :

"Nothing in this article or in clause (2) of Article 29 shall prevent the state from making any special provision for the advancement of any socially and 317 educationally backward classes of citizen or for the Scheduled Castes and the Scheduled Tribes."

It is worthy of notice that the Parliament, which enacted the first Amendment to the Constitution, was in fact the very same Constituent Assembly which had framed the Constitution. The speech of Dr. Ambedkar on the occasion is again instructive. He said :-

"Then with regard to article 16, clause (4), my sub-mission is this that it is really impossible to make any reservation which would not result in excluding somebody who has a caste. I think it has to be borne in mind and it is one of the fundamental principles which I believe is stated in Mula's edition on the very first page that there is no Hindu who has not a caste. Every Hindu has a caste-he is either a Brahmin or a Mahratta or a Kundby or a Kumbhar or a carpenter. There is no Hindu-that is the fundamental proposition-who has not a caste. Consequently, if you make a reservation in favour of what are called backward classes which are nothing else but a collection of certain castes, those who are excluded are persons who belong to certain castes. Therefore, in the circumstances of this country, it is impossible to avoid reservation without excluding some people who have got a caste."

33. After the enactment of the First Amendment the first case that came up before this Court is Balaji v. The State of Mysore. (In the year 1961, this Court decided the General Manager, Southern Railway v. Rangachari, but that related to reservations in favour of the Scheduled Castes and Scheduled Tribes in the matter of promotion in the Railways. Rangachari will be referred to at an appropriate stage later.) In the State of Karnataka, reservations were in force since a few decades prior to the advent of the Constitution and were being continued even thereafter. On July 26, 1958 the State of Mysore issued an order under Article 15 (4) of the Constitution declaring all the communities excepting the Brahmin community as socially and educationally backward and reserving a total of 75 per cent seats in Educational Institutions in favour of SEBCs and SCs/STs. Such orders were being issued every year, with minor variation in the percentage of reservations. On 13th of July, 1972, a similar order was issued wherein 68 per cent of the seats in all Engineering and Medical Colleges and Technical Institutions in the State were reserved in the favour of the SEBCs, SCs and STs. SEBCs were again divided into two categories- backward classes and more backward classes. The validity of this order was questioned under Article 32 of the Constitution . While striking down the said order this Court enunciated the following principles:-

(1) Clause ( 4 ) of the Article 15 is a proviso or an exception to clause (1 ) of Article 15 and to clause (2 ) of Article 29;

(2) For the purpose of Article 15 (4 ), backwardness must be both social and educational. Though caste in relation to Hindus may be a relevant factor to consider in determining the social backwardness of a class of citizens, it cannot be made the sole and dominant test. Christians, Jains and Muslims do not believe in caste system; the test of caste cannot be applied to them. In as much as identification of all backward classes under the impugned order has been made solely on the basis of caste, it is bad.

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(3) The reservation made under Clause ( 4 ) of Article 15 should be reasonable. It should not be such as to defeat or nullify the main Rule of equality contained in Clause (1). While it is not possible to predicate the exact permissible percentage of reservations, it can be stated in a general and broad way that should be less than 50 per cent.

(4) A provision under Article 15 (4 ) need not to be in the form of legislation; it can be made by an executive order.

(5) The further categorisation of backward classes into backward and more backward is not warranted by Article 15 (4)."

It must be remembered that Balaji was a decision rendered under and reference to Article (15) though it contains certain observations with respect to Article 16 as well.

34. Soon after the decision in Balaji this Court was confronted with a case arising under Article 16-Devadasan v. Union of India. this was also a petition under Article 32 of Constitution. It related to the validity of the 'carry-forward' rule obtaining in Central Secretariat Service. The reservation in favour of Scheduled Castes was twelve and half percent while the reservation in favour of Scheduled Tribes was five percent. The 'carry-forward' rule considered in the said decision was in the following terms." If a sufficient number of candidates considered suitable by the recruiting authorities, are not available from the communities for whom reservations are made in a particular year, the unfilled vacancies should be treated as unreserved and filled by the best available candidates. The number of reserved vacancies, thus, treated as unreserved will be added as an additional quota to the number that would be reserved in the following year in the normal course; and to the extent to which approved canadidates are not available in that year against this additional quota, a corresponding addition should be made to the number of reserved vacancies in the second following year." Because sufficient number of SC/ ST candidates were not available during the earlier years the unfilled vacancies meant for them were carried forward as contemplated by the said rule and filled up in the third year-that is in the year 1961. Out of 45 appoinments made, 29 went to Scheduled Castes and Scheduled Tribes . In other words, the extent of reservation in the third year came to 65 per cent. The rule was declared unconstitutional by the Constitution Bench, with Subba Rao J. dissenting. The majority held that the carry forward rule which resulted in more than 50 percent of the vacancies being reserved in a particular year, is bad. The principle enunciated in Balaji regarding 50 percent was followed. Subba Rao. J. in his dissenting opinion, however, upheld the said rule. The learned Judge observed : The expression, nothing in this article" is a legislative device to express its intention in a most emphatic way that the power conferred thereunder is not limited in any way by the main provision but falls outside it. It has not really carved put an exception, but has preserved a power untrammelled by the other provisions of the Article." The learned Judge opined that once a class is a backward class, the question wheather it is adequately represented or not is left to the subjective satisfaction of State and not is matter for this Court to prescribe.

We must, at this stage, clarify that a 'carry-forward' rule may be in a form different than the one considered in Devadasan. The Rule may provide that the vacancies reserved for Scheduled Castes or Scheduled Tribes shall not be filled up by general ( open competition ) candidates in case of non - availability of SC/ ST candidates and that vacancies shall be carried forward.

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35. In the year 1964 another case from Mysore arose, again under Article 15 - Chitralekha v. State of Mysore. The Mysore Government had by an order defined backward classes on the basis of occupation and income, unrelated to caste. Thirty percent of seats in professional and technical institutions were reserved for them in addition to eighteen percent in favour of SCs and STs. One of the arguments urged was that the identification done without taking the caste into consideration is impermissible. The majority speaking through Subba Rao, J. held that the identification or classification of backward classes on the basis of occupation-cum-income, without reference to caste, is not bad and does not offend Article 15 (4).

36. During the years 1968 to 1971, this Court had to consider the validity of identification of backward classes made by Madras and Andhra Pradesh Governments. Minor P. Rajendran v. State of Madras related to specification of socially and educationally backward classes with reference to castes. The question was whether such an identification infringes Article 15. Wanchoo, C.J., speaking for the Constitution Bench dealt with the contention in the following words :

"The contention is that the list of socially and educationally backward classes for whom reservation is made under. 5 is nothing but a list of certain castes. Therefore, reservation in favour of certain castes based only on caste considerations violates Art. 15(1), which prohibits discrimination on the ground of caste only. Now if the reservation in question had been based only on caste and had not taken into account the social and educational backwardness of the caste in question, it would be violative of Art. 15 (1). But it must not be forgotten that a caste is also a class of citizens and if the caste as a whole is socially and educationally backward reservation can be made in favour of such a caste on the ground that it is a socially and educationally backward class of citizens within the meaning of Art. 15(4)...... It is true that in the present cases the list of socially and educationally backward classes has been specified by caste. But that does not necessarily mean that caste was the sole consideration and that person belonging to these castes are also not a class of socially and educationally backward citizens...... As it was found that members of these castes as a whole were educationally and socially backward, the list which had been coming on from as far back as 1906 was finally adopted for purposes of Art. 15(4).

In view however of the explanation given by the State of Madras, which has not been controverted by any rejoinder, it must be accepted that though the list shows certain castes, the members of those castes are really classes of educationally and socially backward citizens. No attempt was made on behalf of the petitioners/appellant to show that any caste mentioned in this list was not educationally and socially backward. In this state of the pleadings, we must come to the conclusion that though the list is prepared caste-wise, the castes included therein are as a whole educationally and socially backward and therefore the list is not violative of Art. 15. The challenge to r. 5 must therefore fail.

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37. The shift in approach and emphasis is obvious. The Court now held that a caste is a calass of citizens and that if a caste as a whole is socially and educationally backward reservation can be made in favour of such a caste on the ground that it is a socially and educationally backward class of citizens within the meaning of Article 15 (4). Moreover the burden of proving that the specification/identification was bad, was placed upon the petitioners. In case of failure to discharge that burden, the identification made by the State was upheld. The identification made on the basis of caste was upheld in as much as the petitioner failed to prove that any caste mentioned in the list was not socially and educationally backward.

38. Another Constitution Bench took a similar view in Triloki Nath (1969 (i) S.C.R. 103).

Rajinderan was expressly referred to and followed in Peeriakaruppan v. State of Tamil Nadu, a decision rendered by a Bench of three Judges (J.C. Shah, K.S. Hegde and A.N. Grover, JJ). This was a Petition under Article 32 of the Constitution and one arising under Article 15. The argument was that identification of SEBCs having been done on the basis of caste alone is bad. Repelling the argument, Hegde, J. held :-

"There is no gainsaying the fact that there are numerous castes in this country which are socially and educationally backward. To ignore their existence is to ignore the facts of life. Hence, we are unable to upheld the contention that impugned reservation is not in accordance with Art. 15 (4)."

39. Again, in State of Andhra Pradesh v. Balram. a case arising from Andhra Pradesh, a Division Bench (Vaidyalingam and Mathew, JJ.) adopted the same approach and upheld the identification made by Andhra Pradesh Government on the basis of caste. Answering the criticism that the Backward Classes Commission appointed by the State Government did not do a scientific and thorough job, the Bench observed:

"In our opinion, the Commission has taken considerable pains to collect as much relevant material as possible to judge the social and educational backwardness of the persons concerned. When, for instance, it had called for information regarding the student population in classes X and XI from nearly 2224 institutions, if only 50% of the institutions sent replies, it is not the fault of the Commission for they could not get more particulars. If the commission has only to go on doing the work of collecting particulars and materials, it will be a never ending matter. In spite of best efforts that any Commission may make in collecting materials and dates, its conclusions cannot be always scientifically accurate in such matters. Therefore, the proper approach, in our opion, should be to see whether the relevant data and materials referred to in the report of the Commission justify its conclusions. In our opinion, there was sufficient material to enable the Commission to be satisfied that the persons included in the list are really socially and educationally backward. No doubt there are few instances where the educational average is slightly above the State average, but that circumstances by itself is not enough to strike down the entire list. Even assuming there are few categories which are little above the State average, in literacy, that is a matter for the State to take note of and review the position of such categories of persons and take a suitable decision." 321

We respectfully agree with these observations.

Answering the main criticism that the list of SEBCs was wholly based upon caste, the Bench observed :-

"To conclude, though prima facie the list of Backward Classes which is under attack before us may be considered to be on the basis of caste, a closer examination will clearly show that it is only a description of the group following the particular occupations or professions, exhaustively referred to by the Commission. Even on the assumption that the list is based exclusively on caste, it is clear from the materials before the Commission and the reasons given by it in its report that the entire caste is socially and educationally backward and therefore their inclusion in the list of Backward Classes is warranted by Art. 15 (4). The groups mentioned therein have been included in the list of Backward Classes as they satisfy the various tests, which have been laid down by this Court for ascertaining the social and educational backwardness of a class."

40. In certain cases including Janaki Prasad Parimoo v. State of Jammu & Kashmir (1973 (3) S. C. R. 236) and State of Uttar Pradesh v. Pradip Tandon (1975 (2) S. C. R. 761), it was held that poverty alone cannot be the basis for determining or identifying the social and educational backwardness. It was emphasised that Article 15 (4 ) or for that matter Article 16 (4) is not an instance of poverty alleviation programme. They were directed mainly towards removal of social and educational backwardness, it was pointed out. In Pradip Tandon, a decision under Article 15 (4), Ray, C. J. speaking for the Division Bench of three Judges opined :

"Broadly stated, neither caste nor race nor religion can be made the basis of classification for the purposes of determining social and educational backwardness within the meaning of Article 15 (4). When Article 15 (1) forbids discrimination on grounds only of religion, race, caste, caste cannot be made one of the criteria for determining social and educational backwardness. If caste or religion is recognised as a criterion of social and educational backwardness Article 15 (4) will stultify Article 15 (1). It is true that Article 15 (1) forbids discrimination only on the ground of religion, race, caste but when a classification taken recourse to caste as one of the criteria in determining socially and educationally backward classes the expression "classes" in that case violates the rule of expressio unius est exclusio alterius. The socially and educationally backward classes of citizens are groups other than groups based on caste."

This statement was made without referring to the dicta in Rajendran, a decision of a larger Bench. Though Balaji was referred to, we must point out with respect that Balaji does not support the above statement. Balaji indeed said that "though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens, it cannot be made the sole or the dominant test in that behalf." 322

41. Thomas marks the beginning of a new thinking on Article 16, though the seed of this thought is to be found in the dissenting opinion of Subba Rao, J. in Devadasan. The Kerala Government had, by amending Kerala State and Subordinate Service Rules empowered the Government to exempt, by order, for a specified period, any member or members belonging to Scheduled Castes or Scheduled Tribes and already in service, from passing the test which an employee had to pass as a precondition for promotion to next higher post. Exercising the said power, the Government of Kerala issued a notification granting "temporary exemption to members already in service belonging to any of the Scheduled Castes or Scheduled Tribes from passing all tests (unified, special or departmental test) for a period of two years." On the basis of the said exemption, a large number of employees belonging to Scheduled Castes and Scheduled Tribes, who had been stagnating in their respective posts for want of passing the departmental tests, were promoted. They were now required to pass the tests within the period of exemption. Out of 51 vacancies which arose in the category of Upper Division Clerks in the year 1972, 34 were filled up by members of Scheduled Castes leaving only 17 for others. This was questioned by Thomas, a member belonging to non-reserved category. His grievance was : but for the said concession/exemption given to members of Scheduled Castes/Scheduled Tribes he would have been promoted to one of those posts in view of his passing the relevant test. He contended that Article 16 (4) permits only reservations in favour of backward classes but not such an exemption. This argument was accepted by the Kerala High Court. It also upheld the further contention that inasmuch as more than 50% vacancies in the year had gone to the members of Scheduled Castes as a result of the said exemption, it is bad for violating the 50% rule in Balaji. The State of Kerala carried the matter in appeal to this Court which was allowed by a majority of 5:2. All the Seven Judges wrote separate opinions. The head-note to the decision in Supreme Court Reports succinctly sets out the principles enunciated in each of the judgements. We do not wish to burden this judgement by reproducing them here. We would rest content with delineating the broad features emerging from these opinions. Ray, CJ. held that Article 16 (1), being a facet of Article 14, permits reasonable classification. Article 16 (4) clarifies and explains that classification on the basis of backwardness. Classification of Scheduled Castes does not fall within the mischief of Article 16 (2) since Scheduled Castes historically oppressed and backward, are not castes. The conceession granted to them is permissible under and legitimate for the purposes of Article 16 (1). The rule giving preference to an un-represented or under-represented backward community does not contravene Articles 14, 16 (1) or 16 (2). Any doubt on this score is removed by Article 16 (4). He opined further that for determining whether a reservation is excessive or not one must have to look to the total number of posts in a given unit or department, as the case may be. Mathew, J. agreed that Article 16 (4) is not an exception to Article 16 (1), that Article 16 (1) permits reasonable classification and that Scheduled Castes are not 'castes' within the meaning of Article 16 (2). He espoused the theory of 'proportional equality' evolved in certain American decisions. He does not refer to the decisions in Balaji or Devadasan in his oninion nor does he express any opinion the extent of permissible reservation. Beg, J. adopted a different reasoning. According to him, the Rule and the orders issued thereunder was "a kind of reservation" falling under Article 16 (4) itself. Krishna lyer, J. was also of the opinion that Article 16(1) being a facet of Article 16 permits reasonable classification, that Article 16(4) is not an exception but an emphatic statement of what is inherent in Article 16 (1) and further that Scheduled Castes are not castes within the meaning of Article 16 (2) but a collection of castes, races and groups. Article 16 (4) is one mode of reconciling the claims of backward people and the opportunity for free competition the forward sections are ordinarily entitled to, held the learned Judge. He approved the dissenting opinion of Subba Rao, J. in Devadasan. Fazal Ali, J. too adopted a similar approach. 323

The learned Judge pointed out "if we read Article 16(4) as an exception to Article 16(1) then the inescapable conclusion would be that article 16(1) does not permit any classification at all because an express provision has been made for this in clause (4). This, however, is contrary to the basic concept of equality contained in Article 14 which implicitly permits classification in any form provided certain conditions are fulfilled. Furthermore if no classification can be made under Article 16(1) except reservation contained in clause (4) then the mandate contained in Article 335 would be defeated." He held the Rule and the orders impugned are referable to and sustainable under Article 16.

The learned Judge went further and held that the rule of 50% evolved in Balaji is a mere rule of caution and was not meant to be exhaustive of all categories. He expressed the opinion that the extent of reservation depends upon the proportion of the backward classes to the total population and their representation in public service. He expressed a doubt as to the correctness of the majority view in Devadasan. Among the minority Khanna, J. preferred the view taken in Balaji and other cases to the effect that Article 16(4) is an exception to Article 16(1). He opined that no preference can be provided in favour of backward class outside clause (4). A.C. Gupta, J. concurred with this view.

42. The last decision of this Court on this subject is in K.C. Vasant Kumar & anr. v/s State of Karnataka (1985 SCR Suppl. (1) 352). The Five Judges constituting the Bench wrote separate opinions, each treading a path of his own. Chandrachud, C.J. opined that the present reservations should continue for a further period of 15 years making a total of 50 years from the date of commencement of the Constitution. He added that the means test must be applied to ensure that the benefit of reservation actually reaches the deserving sections. Desai, J. was of the opinion that the only basis upon which backward classes should be identified is the economic one and that a time has come to discard all other bases. Chinnappa Reddy, J. was of the view that identification of backward classes on the basis of caste cannot be taken exception to for the reason that in the Indian context caste is a class. Caste, the learned Judge said, is the primary index of social backwardness, so that social backwardness is often readily identifiable with reference to a person's caste. If it found in the case of a given caste that a few members have progressed far enough so as to compare favourably with the forward classes in social, economic and educational fields, an upper income ceiling can perhaps be prescribed to ensure that the benefit of reservation reaches the really deserving. He opined that identification of SEBCs in the Indian milieu is a difficult and complex exercise, which does not admit of any rigid or universal tests. It is not a matter for the courts. The "backward class of citizens", he held, are the very same SEBCs referred to in Article 15 (4 ). The learned Judge condemned the argument that reservations are likely to lead to deterioration in efficiency or that are anti-merit. He disagreed with the view that for being identified as SEBCs, the relevant groups should be comparable to SCs/STs in social and educatinal backwardness. The learned Judge agreed with the opinion of Fazal Ali, J. in Thomas that the rule of 50% in Balaji is a rule of caution and not an inflexible rule. At any rate, he said , it is not for the court to lay down any such hard and fast rule . A.P.Sen, J. was of the opinion that the predominant and only factor for making special provision under Article 15 ( 4 ) or 16 (4 ) should be poverty and that caste should be used only for the purpose of identification of groups comparable to Scheduled Castes/ Scheduled Tribes. The reservation should continue only till such time as the Backward Classes attain a state of enlightenment . Venkataramiah,J. agreed with Chinnappa Reddy, J. that identification of backward classes can be made on the basis of caste. He cited the Constituent Assembly and parliamentary debates in support of this view . According value of equality of 324 opportunity and (ii) the newly appreciated - though not newly conceived - idea of equality of results. He too did not agree with the argument of 'merit'. Application of the principle of individual merit, un-mitigated by other consideration, may quite often lead to inhuman results, he pointed out. He supported the imposition of the 'means' test but disagreed with the view that the extent of reservations can exceed 50% periodic review of this list of SEBCs and extention of other facilities to them is stressed.

Decisions of U. S. Supreme Court

43. At this stage, it would be interesting to notice the development of law on the subject in the U.S.A. The problem of blacks ( Negroes )-holds a parallel to the problem of Scheduled Castes, Scheduled Tribes and Backward Classes in India, with this difference that in U.S.A. the problem is just about 200 years old and far less complex. Blacks were held not entitled to be treated as citizens. They were the lawful property of their masters ( Dred Scott v. Sanford (1857) 15 L.E. 691 ). Inspite of the Thirteenth Amendment abolishing slavery and the Fourteenth Amendment guaranteeing equality, it persisted in South and Mid-West for several decades. All challenges to slavery and apartheid failed in courts. World War II and its aftermath, however, brought about a radical change in this situation, the culmination of which was the celebrated decisions in Brown v. Board of Education ( 1954 ) 98 L.E. 591. and Bolling v. Sharpe (1954 ) 98 L.E. 583 over- ruling the 'separate but equal' doctrine evolved in Plessey v. Ferguson ( 1896 ) 41 L.E. 256 . In quick succession followed several decisions which effectively out-lawed all discrimination against blacks in all walks of life. But the ground- realities remained. Socially, educationally and economically, blacks remained a backward community. Centuries of discrimination , deprivation and degradation had left their mark. They were still unable to compete with their white counterparts. Similiar was the case of other minorities like Indians and Hispanics. It was not a mere case of economics. It was really a case of ' persisting effects of past - discrimination'. The Congress, the State Universities and other organs of the State took note of these lingering effects and the consequent disadvantage suffered by them. They set out to initiate measures to ameliorate them . That was the command of the Fourteenth Amendment. Not unnaturally, these measures were challenged in Courts - with varying results. The four decisions examined hereinafter rendered during the period 1974-1990 mirror the conflict and disclose the judicial thinking in that country.

44. The first decision is in Defunis v. Charles Odegaard (1974) 40 L.Ed. 2nd. 164. The University of Washington Law School- a school operated by the State evolved, in December 1973, an admissions policy whereunder certain percentage of seats in the Law School were reserved for minority racial groups. Para 6 of the programme stated, "because certain ethnic groups in our society have historically been limited in their access to the legal profession and because the resulting under-representation can affect the quality of legal services available to members of such groups, as well as limit their opportunity for full participation in the goverance of our communities, the faculty recognises a special obligation in its admissions policy to contribute the solution of the problem." (emphasis) added Procedure for admission for the minority students was different and of a lesser standard than the one adopted for all others. Defunis, a non-minority student was denied admission while granting it to minority applicants with lower evaluation. He commenced an action challenging the validity of the programme. According to him, the special admissions programme was violative of the Equal Protection Clause in the Fourteenth Amendment. The Trial Court granted the requested relief including admission 325 to the plaintiff. On Appeal, the Supreme Court of Washington reversed the Trial Court's Judgement. It upheld the constitutionality of the Admissions Policy. The matter was brought by Defunis to United States Supreme Court by way of certiorari. The Judgement of the Washington Supreme Court was stayed pending the decision. By the time the matter reached the stage of final hearing, Defunis had arrived in the final quarter of the last term. In view of this circumstance, five Members of the Court held that the Constitutional question raised has become 'moot' (academic) and, therefore, it is unnecessary to go into the same. Four of the Judges Brennan, Douglas, White and Marshall. JJ., however, did not agree with that view. Of time, only Douglas, J. recorded his reasons for upholding the Special 'Admissions' Programme. The learned Judge was of the opinion that the Equal Protection Clause did not require that law schools employ an admissions formula based solely upon testing results and under-graduate grades nor does it prohibit Law Schools from evaluating an applicant's prior achievements in the light of the barriers that he had to overcome. It would be appropriate to quote certain observations of the learned judge to the above effect which inter alia emphasise the importance of looking to the promise and potential of a candidate rather than to mere scores obtained in the relevant tests. He said :

"the Equal Protection Clause did not enact a requirement that Law Schools employ as the sole criterion for admission a formula based upon the LSAT (Law School Admission Test) and under-graduate grades, nor does it prohibit law schools from evaluating an applicant's prior achievements in light of the barriers that he had to overcome. A black applicant who pulled himself out of the ghetto into a junior college may thereby demonstrate a level of motivation, perseverance and ability that would lead a fair-minded admissions committee to conclude that he shows more promise for law study than the son of a rich alumnus who achieved better grades at Harvard. That applicant would not be offered admission because he is black, but because as an individual he has shown he has the potential, while the Harvard man may have taken less advantage of the vastly superior opportunities offered to him. Because of the weight of the prior handicaps, the black applicant may not realize his full potential in the first year of law school, or even in the full three years, but in the long pull of a legal career, his achievements may far outstrip those of his classmates whose earlier records appeared superior by conventional criteria."

The learned Judge while agreeing that any programme employing racial classification to favour certain minority groups would be subject to strict scrutiny under the Equal Protection Clause, yet concluded that the material placed before the Court did not establish that Defunis was invidiously discriminated against because of his race. Accordingly, he opined that the matter should be remanded for fresh trial to consider whether the plaintiff has been individually discriminated against because of his race.

45. The next case is in Regents of the University of California v. Allan Bakke (1978) 57 L.Ed. 2nd 750. The Medical School of the University of California at Davis had been following two admissions programmes, one in respect of the 84 seats (general) and the other, a special admission programme under which only disadvantged members of certain minority races were considered for the remaining 16 seats- the total seats available being 100 a year. For these 16 seats, none except the members of minority races were considered and evaluated. The respondent, Bakke, a white, could not obtain admission for two consecutive years, in view of his 326 evaluation scores, while admission was given to members of minority races who had obtained lesser scores than him. He questioned the validity of special admission programme on the ground that it violated the equal protection clause in the Fourteenth Amendment to the Constitution and also Title VI of the Civil Rights Act 1964. The Trial Court upheld the plea on the ground that the programme excluded members of non- minority races from the 16 reserved seats only on the basis of race and thus operated as a racial quota. It, however , refused to direct the plaintiff to be admitted in as much as he failed to establish that he would have been admitted but for the existence of the special admission programme. The matter was carried in direct appeal to Supreme Court of California, which not only affirmed the Trial court' s Judgement in so far as it held the special admmision programme to be invalid but also granted admission to the plaintiff- respondent into the Medical School. It was of the view that the University had failed to prove that in the absence of special admissions progamme the respondent would not have been admitted. The matter was then carried to the United States Supreme Court, where three distinct view- points emerged. Brennan, White, Marshall and Blackmun, J.J. were of the opinion that the special admissions programme was a valid one and is not violative of the Federal or State Constitutions or of Title VI of the Civil Rights Act, 1964. They were of the opinion that the purpose of overcoming substantial, chronic minority under-representation in the medical profession is sufficiently important to justify the University's remedial use of race. Since the judgement of the Supreme Court of California prohibited the use of race as a factor in University admissions they reserved that judgement. Chief Justice Warren Burger, Stevens, Stewart and Rehnquist, JJ. took the other view. They affirmed the judgement of the California Supreme Court , They base their judgement mainly on Title VI of Civil Rights Act,1964, which provided that, " no person in the United States shall , on the ground of race , colour or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any programme or activity receiving Federal Financial assistance." They opined that Bakke was the victim of, what may be called, reverse discrimination and that his exclusion from consideration in respect of the 16 seats being solely based on race, is impermissible , Powell. J. took the third view in his separate opinion, partly agreeing and partly disagreeing with the other view- points. He based his decision on Fourteenth Amendment alone. He did not take into consideration the 1964 Act. The learned judge held that though racial and ethnic classifications of any kind are inherently suspect and call for the most exacting judicial scrutiny , the goal of achieving a racially balanced student body is sufficiently compelling to justify consideration of race in admissions decisions under certain circumstances. He was of the opinion that while preference can be provided in favour of minority races in the matter of admission, setting up of quotas ( which have the effect of foreclosing consideration of all others in respect thereof ) is not necessary for achieving the said compelling goal. He was of the opinion that impugned programme is bad since it set apart a quota for minority races. He sustained the admission granted to Bakke on the ground that the University failed to establish that even without the quota, he would not have been admitted.

46. It would be useful to notice the three points of view in a little more detail. Brennan,J. (with whom Marshall, White and Blackmun, JJ. agreed ) observed that though the U.S. Constitution was founded on the principle that " all men are created equal ", the truth is that it is not so in fact. Racial discrimination still persists in society. In such a situation the claim that the

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law must be "colour-blind"* is more as aspiration rather than a description of reality. The context and the reasons for which Title VI of the Civil Rights Act, 1964 was enacted leads to the conclusion that the prohibition contained in Title VI was intended to be consistent with the commands of the Constitution and no more. Therefore, "any claim that the use of racial criteria is barred by the plain language of the statute must fail in light of the remedial purpose of Title VI and its legislative history." On the contrary, said the learned Judge, prior decisions of the Court strongly suggest that Title VI does not prohibit the remedial use of race where such action is constitutionally perimissible.

Dealing with the equal protection clause in the Fourteenth Amendment, the learned Judge observed :

" The assertion of human equality is closely associated with the proposition that differences in colour or creed, birth or status, are neither significant nor relevant to the way in which person should be treated. Nonetheless, the position that such factors must be "constitutionally an irrelevance" summed up by the shorthand phrase "Our Constitution is colour-blind" has never been adopted by this Court as the proper meaning of the Equal Protection Clause. We conclude, therefore, that racial classifications are not per se invalid under the Fourteenth Amendment. Accordingly, we turn to the problem of articulating what our role should be in reviewing state action that expressly classifies by race."

(emphasis added)

After examining a large number of decided cases, the learned Judge held :

"The conclusion that state educational institutions may constitutionally adopt admissions programs designed to avoid exclusion of historically disadvantaged minorities, even when such programs explicitly take race into account, finds direct support in our cases construing congressional legislation designed to overcome the present effects of past discrimination."

------* ( This expression was used for the first time in the dissending opinion of Harlan , J. in Plessey V. Ferguson ( 1896 ) 163 U.S.537. The learned Judge said : "...... in view of the Constitution, in the eye of law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved. It is, therefore, to be regretted that this high tribunal, the final expositor of the fundamental law of the land, has reached the conclusion that it is competent for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race." 328

Indeed, held learned Judge, failure to take race into account to remedy unequal access to University programs caused by their own or by past societal discrimination would not be consistent with the mandate of the Fourteeth Amendment. The special admissions programme whereunder whites are excluded from the 16 reserved seats is not bad for the reason that its purpose is to overcome the effects of segregation by bringing races together." The learned Judge then pointed out the relevance of race and the lesser impact of economic disadvantage, with reference to certain facts and figures, and concluded :

"While race is positively correlated with differences in GPA and MCAT source, economic disadvantage is not. Thus, it appears that economically disadvantaged whites do not score less well than economically advantaged whites while economically advantaged blacks score less well than do disadvantaged whites."

47. Warren Burger, CJ., with whom Stevens, Stewart and Rehnquist, JJ. agreed opined that since in respect of 16 seats reserved for racial minorities, whites are totally excluded only on the basis of their race, it is a clear case of discrimination on the basis of race and therefore, violative of the Fourteenth Amendment to the Constitution as well as Title VI of the Civil Rights Act, 1964.

48. Powell, J. took a different line agreeing in part with both the points of view. His approach is this :

(1) It is not necessary to consider the impact or the scope of Title VI of the Civil Rights Act inasmuch as the said question was not raised or considered in the courts below. The matter had to be examined only with reference to the Fourteenth Amendment.

(2) Any distinction based on race is inherently suspect in the light of the equal protection clause and calls for more exacting judicial examination. It is for the State in such a case to establish that the distinction was precisely tailored to serve a compelling governmental interest.

(3) Since the special admissions program of the University totally excluded some individuals (non-minorities) from enjoying the State-provided benefit of admission to the medical school solely because of their race, the classification must be regarded as suspect and it will be sustained only if it is supported by substantial State purpose or interest and only where it is established that the classification is necessary to the accomplishment of such purpose or for safeguarding such interest. The University has failed to discharge this burden, though the State interest in removing "identified discrimination" and attainment of a "diverse student body" were certainly compelling interests. In other words, the University has failed to establish that for attaining the said objectives, creation of quotas was necessary.

( 4 ) While preferences can be provided in favour of disadvantaged sections , reservation of seats which had the effect of excluding members of a race or races from those seats altogether , is not permissible. For this reason too, the special admissions program of the University must be held to violate the Fourteenth Amendment.

In the course of his opinion , the learned Judge observed :