Reservation to OBCs

Ministry of Personnel, Public Grievances & Pensions

Reservation to OBCs

Posted On: 07 FEB 2018 1:15PM by PIB Delhi

No centralized data regarding number of candidates belonging to the Other Backward Castes stated to have been deprived of reservation benefit for appointment to posts under Central Government due to their coming under creamy layer is maintained. There is no reservation in promotion for Other Backward Classes.

At present, there is no proposal under consideration to determine creamy layer for the candidates of general category. The 9 Judge Constitutional Bench of Supreme Court in the case of Indra Sawhney has inter-alia held that "a backward class cannot be determined only and exclusively with reference to economic criterion. It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion".

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Dr Jitendra Singh in a written reply to a question in the Lok Sabha today.

PIB

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Reservation in Promotion - Roster Point based, not Vacany based - Confederation

Reservation in Promotion - Roster Point based, not Vacany based - Confederation

IMPORTANT SUPREME COURT JUDGEMENT - WITH EFFECT FROM 10.02.1995
RESERVATION IN PROMOTIONS SHOULD BE ROSTER POINT BASED (TOTAL NUMBER OF POSTS SHOULD BE THE BASIS FOR WORKING OUT NUMBER OF POST TO BE EARMARKED FOR EACH CATEGORY IN THE CASTE - WISE RESERVATION ROSTER) AND NOT VACANCY BASED.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 4751-4752/2011

V. LAKSHMIKANTHAN AND ANR.

APPELLANT(S)

VERSUS

UNION OF INDIA AND ORS. ETC.

RESPONDENT(S)

J U D G E M E N T

KURIAN, J.

1. Though several contentions are raised in these appeals, finally the learned counsel for the appellants has come down to one submission, since according to him, he is entitled to succeed on that. That submission pertains to the direction in R.K. Sabharwal and Others v. State of Punjab and Others, (1995) 2 SCC 745, regarding post based roster in the matter of promotions. It was made clear in R.K. Sabharwal (supra) that 10.02.1995 shall be the date for the purpose of following the post based roster. It appears, the Respondent No.2 was still not following the same which led to the decision in Union of India and Ors. v. Virpal Singh Chauhan and Others, (1995) 6 SCC 684. In paragraph 33 in Virpal Singh Chauhan (supra) it was made clear that the Railways has to follow the principles as laid down in R.K. Sabharwal (supra).

Paragraph Nos. 29 and 33 of the same are extracted below:

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Source: Confederation

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Reservation in promotion – Minister replied in Rajya Sabha

Reservation in promotion – Minister replied in Rajya Sabha

The DoPT Minister replied in Parliament, while answering a question about the stand of Central Government on reservation in promotion cases involving Central Government employees as follows…

“The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government. As on 1.1.2013, the representation of SCs and STs was 17.55% and 7.72% respectively.

The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservation in promotion.

In order to provide impediment free reservation in promotion to SCs and STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M.Nagaraj case is under examination.”

Authority: Rajya Sabha Q&A

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