HOW MUCH IS THE RESERVATION
a) In Direct Recruitment
Normally the reservation is done in accordance with percentage of SC/ST population to total population at All India level as decided by population Census. Hence after every census the reservation rates are expected to be revised. The 1951 census showed SC and ST population as 15.05% and 6.31% respectively. No revision of reservation percentage was done following the 1951 census as a comprehensive bill revising list of SCs and STs was under consideration, reservations for the posts filled otherwise than open competition was already 16.66% and instructions had been issued for following a regional and local percentage for group C and D posts attracting candidates from a locality or region. The 1961 Census showed the percentages as 14.64% and 6.80% respectively and hence the revision was made on 25-3-70. The 1971 census did not invite any revision. In 1981 and 1991 census all India percentages could not be worked out as Census could not be carried out in Assam in 1981 and Jammu & Kashmir in 1991 and hence there has been no revision of reservation percentages.
b) In Promotion
At present the percentage of reservation are as below:
Mode of appointment
Percentage fixed for
Direct recruitment on All India basis
By open competition (i.e. through the
UPSC or by means of open competitive
Test held by any other authority). 15% 7-1/2%
(b) Otherwise than at (a) above 16-2/3% 7-1/2%
(ii) Direct recruitment to Group C and Group D In proportion to the
posts normally attracting candidates from a population of SC &
locality or region ST in the respective
Posts filled by promotion in grades or services
In which the element of direct recruitment,
If any, does not exceed 75%
Through limited departmental competitive
Examination in Groups B,C & D 15% 7-1/2%
(b) By Selection from Group B to the lowest
rung or category in Group A or Groups
B, C & D 15% 7-1/2%
© On the basis of seniority subject to fitness
in Groups A, B, C & D 15% 7-1/2%
c) Reservations in Public Sector Undertakings, Autonomous Bodies etc.
Public Sector Undertakings, Statutory and semi-Government Bodies, voluntary agencies etc. which are under the control of the Government or are receiving grant-in-aid, from the Government are also required to make reservations for Scheduled Castes and Scheduled Tribes and other Backward Classes in their services on the lines of the reservations in services under the Government.
d) Carry Forward and Exchange
If sufficient number of SC and ST candidates fit for appointment against reserved posts are not available, such vacancies can be de-reserved to be filled by candidates of other communities and the reservations are carried forward to subsequent three recruitment years, except in case of promotion by selection from Group C to Group B, within Group B and from Group B to the lowest rung of Group A where carrying forward of reservation are not permitted. While filling up reserved posts, the oldest carried forward vacancy will be filled up first. Vacancies reserved for Scheduled Castes and Scheduled Tribes may be exchanged and filled up by candidates from Scheduled Tribes and Scheduled Castes candidates, in case no suitable candidate from the respective community, for which the vacancy is reserved, is not available. The normal provision is that the exchange is permissible only for the reservations which have been carried forward to third year of recruitment.
d)Reservation in Judiciary
No data is currently available
e)Reservation in Private Sector
No data is currently available
f) Reservation in Lok Sabha
Article 330 provides for reservation in the House of People (Lok Sabha) for SCs & STs. The number of seats reserved in any State/UT bears the same proportion to the total number of seats allotted to that State/UT in the House of People (Lok Sabha) as the population of SC and ST bears with the total population of the State/UT, as per 1991 Census (until the figures of Census 2026 are available).
g) Reservation in State Assemblies
Article 332 provides reservation for SCs and STs in the Legislative portion to the total number of seats in the Assembly as the population of SC and ST bears with the total population of the State, as per 1991 (until the figures of Census 2026 are available)
h) Reservation in Panchayats and Municipal Committees
Article 243 D provides for reservation of seats and offices for SC/ST in every Panchayat.
Article 243 T provides for reservation of seats and offices for SC/ST in Municipal Corporation.
Article 244 & 244A provide for specific provisions for the administration of Scheduled Areas and Tribal Areas.
Article 164 provides that in the States of Bihar, Madhya Pradesh and Orissa there shall be a Minister for Tribal Welfare of SCs, who may also be in charge of welfare of SCs, backward classes and any other work.
i) Reservation in some NE States
In the Legislative Assemblies of Arunachal Pradesh, Mizoram, Nagaland and Meghalaya, if on the commencement of the Constitution (57
Amendment) Act, 1987, they were having all members as STs, they shall continue to have all but one seats reserved for the same proportion as the number of ST members in the existing assembly bears to the total number of seats.
j) Reservation to cease in 2010 In Politics
Article 334 provides reservation in the House of People (Lok Sabha) and Legislative Assemblies in States/U.T. except in the autonomous district of Assam, the reservation shall cease after 60 years from the commencement of the Constitution i.e. on 25
January 2010. But this will not affect the composition of the House or Legislative Assembly, existing just before completion of 60 years, until that House or Assembly is dissolved. Earlier, the provision of reservation was to cease on 25
January, 2000. The same was extended to 25-1-2010 by the Constitution (79
Amendment) Act, 1999.
k) Reservation is Permanent in Services
It is important to note this factual position in contrast to the reservation in politics. There is no provision in the constitution where the reservation to posts and services will cease to exist as in case of politics where it will no longer exist after 2010. Unfortunately, whenever a time extension is granted by the Parliament for continuation of reservation in politics, the SCs and STs erroneously get the impression that the reservation has been extended in services also. It should be known that the reservation in services is permanent. This incorrect understanding of the reservation needs to be explained and clarified to all.
l) Exemptions and Exclusions
Reservation does not apply to-
Cases of transfer on deputation;
Cases of promotion in those grades or services in which the element of direct recruitment, exceeds 75%;
Temporary appointments of less than 45 days;
Work-charged posts required for emergencies like flood-relief work, accident restoration and relief, etc.
Scientific & technical posts satisfying the stipulated criteria.
Single post cadre.
Upgradation of posts as a result of cadre restructuring either en masse or partial.
Ad hoc appointments that are purely stop gap arrangements.
PRESENT STATUS OF FIVE OMs
The Office Memorandum No.20011/1/96-Estt(D) dated January 30
stipulated that if an SC/ST candidate is promoted earlier by virtue of rule of reservation roster than his senior general/OBC candidate, and the senior general OBC candidate is promoted later to the said higher grade, the latter regains his seniority over such earlier promoted SC/ST candidate. By the catch up principle with a junior SC/ST employee in the immediate higher grade, the former regains his original seniority over the latter.
The OM has been issued in view of the Supreme Court Judgement in Virpal Singh Chauhan and Ajit Singh-Ist that promotion consequential seniority. A five judge Constitution Bench of the Supreme Court, in its judgement dated 16-9-99, in the case of Ajit Singh-II has since re-affirmed the earlier judgement. To erase the adverse effects of the OM dated 30-1-97 on the interests of the Scheduled Castes and the Scheduled Tribes, the 85
Amendment has been made to the Constitution and orders removing the adverse effects of the OM on SCs/STs have been issued vide OM dated 21-1-2002.
The Office Memorandum No.36012/2/96-EStt(Res) dated 2
stipulated that reservation has to be related to posts and not to vacancies. Accordingly, instructions have been issued to replace vacancy-based rosters by post-based rosters.
The OM has been issued in view of the Supreme Court Judgment in R.K. Sabharwal’s case, that was delivered on 10-2-1995, Judgement of the Supreme Court, dated 16-9-1999, in the case of Ajit Singh-II, also has a bearing on the Sabharwal Judgement. As per this decision, the Judgement in the Sabharwal case has to be implemented with effect from 10-2-1995, i.e. the date of the Sabharwal Judgement, and not from 2-7-1997, i.e. the date of the O.M.
The Ajit Singh-II judgment, therefore, has warranted further review of the OM dated 2
The Office Memorandum No.36012/18/95-Estt(Res) dated 22nd July, 1997
withdrew the relaxation in qualifying marks/standards of evaluation which were available to SCs/STs in matters of promotion. This OM was based on the Supreme Court Judgement dated 1-10-1996 in the case of S. Vinod Kumar versus Union of India, which had reiterated the 9 Judge Constitution Bench Judgement dated 16-11-1992 of the Supreme Court in the case of Indira Sawhney versus Union of India. To enable the State to restore the previous position, 82
Amendment to the Constitution has been made whereby a proviso to Article 335 of the Constitution has been incorporated to provide for relaxation in qualifying marks and standards of evaluation in matters of reservation in promotion for SCs/STs. Instructions have been issued through OM No.36012/28/96-Estt.(Res. Vol-II) dated 3
October, 2000 restoring the relaxations and concessions in the matter of promotion to the SCs and STs.
The OM No.26012/5/97-Estt.(Res.) dated 29
stipulated that more than 50% vacancies, including the backlog vacancies, could be reserved in a year. The backlog vacancies were not to be treated as a separate distinct group. This OM was based on the judgement dated 16-11-1992 of the Supreme Court in the case of Indira Sawhney versus Union of India. To remove adverse effects of OM dated 29-8-1997 81
Amendment was made to the Constitution which incorporated Article 16 (4B) in the Constitution according to which the ceiling of 50% for filling up of reserved vacancies for SCs/STs of earlier years would not be imposed and these vacancies would be treated as a separate and distinct group. OM No.36012/5/97 Estt(Res.)Vol.II dated 20
July 2000 has been issued to remove adverse effects of OM dated 29-8-1997. The OM states that All Ministries/Departments are to carry out a review for early assessment of the backlog vacancies in respect of SCs/STs by way of direct recruitment and promotion and make concerted efforts to fill up the backlog vacancies.
The OM No.36012/18/95-Estt.(Res.)Part.II dated 13
was issued in pursuance of
Article 16 (4A)
of the Constitution which stipulates continuance of reservation in promotion for SC/ST employees beyond 15-11-1997. Without this OM reservation in promotion would have ceased to exist after 15-11-97 in terms of the Supreme Court Judgement in Indira Sawhney’s case. However, matter about challenging validity of
Article 16 (4A)
and another praying for reservation within Group A Posts are presently pending before the Constitution Bench of Supreme Court in respect of SCs/STs both by way of direct recruitment and promotion.
FREQUENTLY ASKED QUESTIONS
Caste /tribes Are Area Specific
Do you know that SCs/STs are state/UT/area specific?
The inter-State area restrictions have been imposed so that the people belonging to the specific community residing in a specific area, which has been assessed to qualify the Scheduled Castes or Scheduled Tribes status only benefit from the facilities provided for them. Since the people belonging to the same caste but living in different States/Union Territories may not necessarily suffer from the same disabilities, it is possible that two persons belonging to the same caste but residing in different States/U.Ts may not both be treated to belong to SC/ST or vice versa. Thus the residence of a particular person in a particular locality assumes a special significance. This residence signifies the permanent residence of a person on the date of notification of the Presidential order scheduling his caste/tribe in relation to that locality. Hence, the Scheduled Castes/Scheduled Tribes are to be treated as such for getting the benefits of reservation in employment only in the State/Union Territory where they are so declared and not elsewhere. (D.S. Bansu vs. Union of India & Ors. O.A.No.466 of 1992, decided on 8-1-1993 (CAT-Ahmedabad). The fallout of this provision may be seen in these examples. The children born to SC/ST parents and residing in the area will automatically belong to SC/ST. If an SC/ST person migrates within the State concerned, he will continue to belong to SC/ST. If an SC/ST person migrates outside the State, he will be treated an SC/ST only in the State to which he originally belonged and not in State he has migrated to. For claiming as belonging to SC/ST, the permanent place of abode of the person at the time of presidential orders declaring his Caste/Tribe as Scheduled has to be taken into consideration. Another example is where a SC or ST in relation to State ‘A’ migrates to State ‘B’ where a Caste or Tribe with the same nomenclature is specified for the purpose of the
Constitution to be a SC/ST in relation to that State ‘B’, that person will not be entitled to claim the privileges and benefits admissible to persons belonging to SC/ST in State ‘B’. (Sivachanmugavelon and Ors. Vs. Union of India & Ors. O.A.Nos.199 and 214 of 1996 decided on 5-11-1996 (CAT-Madras).
However, for appointments under
, for the reserved posts, there is no restriction with regard to origin or migration from one state to another. Any person with a valid caste certificate issued by any State/UT and staying in any place in India, can apply against reserved posts in Central Government. (Narender vs. UT of Chandigarh & another, OA No.203/HR/2002 Chandigarh, 29-1-1003). Hence, SC / ST person on migration from the state of his own origin to another state will not lose his status as SC / ST, but will be entitled to the concessions / benefits admissible to the SC/ ST persons, under the central Government. (Dept Of Telcome, Letter No-1-13/92-SCT, Dt. 18/31.8.1992.)
Caste and Religion
A person professing Hindu, Sikh or Buddhist religion shall only be deemed to be a member of Scheduled Castes. There is, however, no religious bar for being treated as Scheduled Tribe.
Caste and Marriage
A non-SC/ST person will not be deemed to belong to SC/ST simply because he has married an SC/ST. An SC/ST person would continue to be an SC/ST person even after marriage to a non SC/ST person. A person born in a forward caste family cannot be declared to be entitled to the benefits of a SC on the basis of her marriage to a person belonging to SC. (State of Tripura & Ors. Vs. Smt. Namita Majumdar (Barman) 1998 SCC (L&S) 526). By marriage, a change of community of a person does not take place and such a person would not be eligible for the purpose of reservation. A person cannot become a member of the backward community by choice. (Valasamma Paul vs. Rani George & Ors. 1995 (2) SLJ (Kerala) 81 and Smt. Ranu Koch Vs. Union of India & Anr. O.A.No.31 (G) of 1990 decided on 18-9-1995 (CAT-Guwahati). The guiding principle is that no person who was not a Scheduled Caste or a Scheduled Tribe by birth will be deemed to be a member of Scheduled Caste or a Scheduled Tribe merely because he or she had married a person belonging to a Scheduled Caste or a Scheduled Tribe. Similarly a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe.
Caste and Conversion and Re-conversion
It may be noticed that if an SC person gets converted to a religion other than Hindu, Sikh or Buddhist, he will no longer belong to SC. But if he/his descendants get reconverted to Hindu/Sikh/Buddhist he will be an SC if only he is accepted by the particular caste as one among them. A person converting to Christnity, Muslim, Parsi or any other religion shall cease to be a member of SC and will not be entitled to facilities/benefits/reservations available to SCs in India. On reconversion to Hinduism, a person can once again become a member of the caste in which he was born and to which he belonged before conversion to another religion, if the members of the caste accept him as a member. When a person is reconverted to Hinduism, the social and economic disabilities once again revive and become attached to him because these are disabilities inflicted by Hinduism. (C.M. Arumugham vs. S. Rajagopal AIR 1976 SC 939 and A. Paul Raj vs. Union of India and others, O.A. No. 982 of 1991 decided on 16-9-1993 (CAT-Madras).
Caste and Adoption
A person duly adopted by an SC, in accordance with law, customs and usage prevalent for long periods, will belong to SC.
Caste and children
Children born to parents, one being SC another being non SC, is not automatically entitled to SC status. Generally, if only the child is accepted by the persons of the Caste as belonging to their community and has been brought up in that community, the child will belong to SC.
Any person claiming to be belonging to SC/ST has to produce a certificate from the appropriate authority in support of his claim to make him eligible for the benefits/concession meant for SC/ST. An SC employee, though in possession of a caste certificate, may still be required to prove that he belongs to the SC specified in the Presidential Notification in relation to the State to which he belongs and was born. (G.Sundarsan vs. Union of India & Anr. SLP© No.12376 of 1995, decided on 12-7-1995 (SC).