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PART III COMPENDIUM of INSTRUCTIONS ISSUED on RESERVATION for OTHER BACKWARD CLASSES in SERVICES/POSTS UNDER the GOVERNMENT of INDIA Page 1

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PART III COMPENDIUM of INSTRUCTIONS ISSUED on RESERVATION for OTHER BACKWARD CLASSES in SERVICES/POSTS UNDER the GOVERNMENT of INDIA Page 1 PART III COMPENDIUM OF INSTRUCTIONS ISSUED ON RESERVATION FOR OTHER BACKWARD CLASSES IN SERVICES/POSTS UNDER THE GOVERNMENT OF INDIA Page 1. o.M:. No. 36012/31/90- Estt. (Sen. dated 13-8-90 437 2. OM. No. 36012/31I9O-Estt. (SCl), dated 25-9-91 438 3. OM. No. 36012/2,193-Estt.(SCl), dated 2-2-93 439 4. OM. No. 3602214193-Estt. (SCl), dated 1-6-93 440 5. OM. No. 36012/24/93-Estt. (SCl), dated 7-6-93 441 6. OM. No. 3602214193-Estt. (SCl), dated 25-6-93 442 7. OM. No. 36022/23I93-Estt. (Sen. dated 22-7-93 443 8. OM. No. 36022/13193-Estt. (SCl), dated 30-7-93 444 9. O.M. No. 36012/37193-Estt. (SCl), dated 19-8-93 445 10. OM. No. 36012/37193-Estt. (Sen. dated 19-8-93 446 11. OM. No. 36012122193-Estt.(Sen. dated 8-9-93 447 12. Resolution No. 1201l/68/93-BCC(C). dated 10-9-93 on Castes/Communities 453 13. OM. No. 36012/22/93-Estt.(SCl), dated 22-10-93 482 14. Letter No. 36012f22193-Estt. (SCl), dated 15-11-93 to Chief Secretaries of StateslUnion Territories 485 15. OM. No. 36012122193-Estt. (SCl), dated 15-11-93 491 16. OM. No. 3fi014/2193-Estt. (SCl), dated 20-12-93 493 17. OM. No. 36012122193-Estt.(Sen. dated 29-12-93 494 18. OM. No. 36012122193-Estt. (SCl), dated 30-12-93 S03 No. 36012/3119O-Estt. (seT) Government of India MInJJtry of Penonnel, PubUe Grievances " Pensions (Department of Personnel " Training) New Delhi, the 13th August, 1990. OFFICE MEMORANDUM Subject:-Recommendations of the Second Backward Oasses Commission (Mandai Report)-Reser~ vation for Socially and Educationally Backward Oasses in services under the Government of Indi.a. 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 MandaI Commssion was established by the then Govemment with this purpose in view, which submitted its report ~:l. the Government of India on 31.12.1980. 2.. Govemment 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 in civil posts and services 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 procedure to be followed fOl: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 tl\e reservation quota of 27%. (iv) The SEBe would comprise in the first phase the castes and communities which are common to both the list in the report of the Mandai Comission and the State Governments' lists. A list of such castes/communities is being issued separately. (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. Siuular instructions in respect of public sector underta1cings and financial institutions including public sectOr banks will be issued by the Department of Public Enterprises and Ministry of Finance respectively. (Smt. Krishna Singh) Joint Secretary to the Govt. of India. To All MinistricslDepartments of Govt. of India Copy to 1. Department of Public Enterprises, New Delhi. It is requested that similar 2. Ministry of Finance (Banking &. Insurance Divisions) New instructions may be issued in Delhi. respect of public sector undertakings, public sector banks and insurance corpora- tions, No. 3601213l19O-Estt. (SCT) Govemment of India Ministry .of Penonnel, Public Grievances & Pensions (Department of Personnel & Training) New DeIhl, the 25th September, 1991. OFFICE MEMORANDUM , , Subject:-Recommendations of the Second Backward Classes Commission (M~ndal Report)-Iteser- vation for Socially and Educationally Backward Classes in services under the Government of India. The undersigned is dir~cted to invite the attention to O.M. of even number datcd the 13th AugUst, 1990, on the above mentioned subject and to say that in order to enable the poorer sec:tions 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 sc1\emes of reservation, Government have decided to amend the said Memorandum with immediate effect as follows:- 2. (i) Within the 27% of the vacancies in civil posts and services under· the Government of India reserved far 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 the other SEBC 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 reservations. (in) The criteria ior determining the poorer' sections of the SEBCs or the oth~r economically backward sections of the people who are not covered by any of the existing schemes of reservations are being issued separately. ! 3. The O.M. of even number dated the 13th August, 1990, shall be deemed to have been amendcd to the extent specified above. SdI- (A.~. HARIT) DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA No. 36012/2/93-Estt. (SCT) Government of India Ministry of Personnel, Public Grievances & Pensions (Deptt. of Personnel & Training) New Delhi, dated the 2-2-93. OFFICE MEMORANDUM Subject :-Writ petition (Civil) No. 930 of 199~Supreme Court judgement of 16-11-92 relating to reser- vations for Socially and Educationally Backward Classes (SEBCs) etc. The undersigned is directed to say that the Supreme Court delivered its judgement on 16-11-92 in writ petition filed by Smt Indira Sawhney and others against this Department's O. M. dated 13-8-90 and 25-9-91 pro- viding for reservation in civil posts and services under the Govt. of India in favour .of SEBC and other Economically Weaker Sections. In this judgement the Supreme Court has directed all concerned authorities, High Courts and Central/State Administrative Tribunals that any petition or proceedings questioning the validity, operalion or implementation of the two impunged memoranda or any grounds whatsoever, shall be filed or instituted ONLY before the Supfeme Court and not before any High Court or other Court or Tribunal. This is brought to the Notice of all MinistrieslDepartments of the Govt. of India. (M. VENKATARAMAN) Under Secretary to the Govt. of India All Ministries/Departments of the Govt. of India. Copy to: 1. EO and AS/JS (S) JS (E)/JS (Trg.)/JS (V)/JS (CS). 2 Dir. (AT) for information and necessary action in regard to Central Administrative Tribunals. 3. M/Welfare, New Delhi with reference to their O. M. No. l2011/35/92-BCC (C), dated 28-12-92. (M. VENKATARAMAN) Under Secretary to the Govt. of India No. 36022/4/93-Estt. (SCn Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) New Delhi, dated the 1-6-93 OFFICE MEMORANDUM Subject :-Parliamentary Committee on the Welfare of Se/ST-Recommendations contained in para 2.30 The Parliamentary Committee on the Welfare of SC/ST has observed in their 24th Report that in certain Departments, public sector undertakings etc. initially appointments are made on ad hoc basis followed by regular appointments. Consequently, posts reserved for SC/ST in regular appointments are not filled up. The Committee has, therefore, recommended that there should be reservation in ad hoc appointments also. 2. There are no instructions to the effect that reservations are not applicable in the case of ad hoc appointments. In accordance with the instructions contained in M. H..A.'s O. M. No. 31/10/63-SCT (I) dated 27- 3-63 and this Department's O. M. No. 36011/12/82-Estl (SCn dated 25-6-82, a separate roster should be main- tained for purely temporary appointments of 45 days or more but which have no chance whatever of becoming permanent or continuing indefinitely. Reservation do not apply to temporary appointments of less than 45 days only. 3. It is, therefore, brought to the notice of all Ministries/Departments that whenever ad hoc appointments of more than 45 days dPration are made, reservation should be provided to SC/ST in accordance with the pres- cribed percentages. A separate roster should be maintained by the appointing authorities in this regard as already indicated in O. M.'s dated 27-3-63 and 25-6-82. (M. VENKATARA.."IAN) Under Secretary to the Govt. of India No. 36011/24/93-Estt. (seT) Govemmeut .of India Ministry of Personnel. Public Grievances & Pensions (Deptt. of Personnel & Training) New Delhi. the 7th June 93 OFFICE MEMORANDUM It has been brought to the notice of this Department that vacancies reserved for SC/ST are being filled by the appointing authorities by transfer of general category candidates by relaxation of the recruitment rules instead of fJ1ling them 'by the prescribed methods of recruitment. In accordance with the provisions of this Department's O.
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