DoPT
Order 2019 - Reservation for Economically Weaker Sections (EWSs) in
direct recruitment in civil posts and services in the Government of
India
No.36039/1/2019-Estt (Res)
Government of India
Ministry of Personnel, Public
Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
dated the 31st January, 2019
OFFICE MEMORANDUM
Subject:
Reservation
for Economically Weaker Sections (EWSs) in direct recruitment in civil
posts and services in the Government of India.
In
continuation of this Department's Office Memorandum of even number dated
19.01.2019, the following instructions are issued in consultation
'with' Ministry of Social Justice and Empowerment and Department of
Legal Affairs regarding reservation for EWSs not covered under the
reservation scheme for SCs/STs/OBCs in respect of direct recruitment in
civil posts and services in the Government of India.
2. QUANTUM OF RESERVATION
The persons belonging to EWSs who, are not covered under the scheme of
reservation for SCs, STs and OBCs shall get 10% reservation in direct
recruitment in civil posts and services in the Government of India
3. EXEMPTION FROM RESERVATION:
3.1
"Scientific and Technical" posts which satisfy all the following
conditions can be exempted from the purview of the reservation orders by
the Ministries/ Departments:
(i) The posts should be in grades above the lowest grade in Group A of the service
concerned.
(ii) They should be classified as "scientific or technical" in terms of
Cabinet Secretariat [OM No. 85/11/CF-61(1) dated 28.12.1961], according
to which scientific and technical posts for which qualifications in the
natural sciences or exact sciences or applied sciences or in technology
are prescribed and, the
incumbents of which have to use that knowledge in the
discharge of their duties.
(iii) The posts should be 'for conducting research' or
for organizing, guiding and directing research'.
3.2
Orders of the Minister concerned should be obtained before exempting
any posts satisfying the above condition from the purview of the scheme
of reservation.
4 CRITERIA OF INCOME & ASSETS:
4.1
Persons who are not covered under the scheme of reservation for SCs,
STs and OBCs and whose family has gross annual income below Rs 800 lakh
(Rupees eight lakh only) are to be identified as EWSs for benefit of
reservation. Income shall also include income from all sources i.e.
salary, agriculture, business, profession, etc. for the financial year
prior to the year of application.
Also persons whose family owns
or possesses any of the following assets shall be excluded from being
identified as EWS, irrespective of the family income:-
i. 5 acres of agricultural land and above;
ii. Residential at of 1000 sq ft. and
above;
iii. Residential plot of 100 sq. yards and above in notified
municipalities;
iv. Residential, plot of 200 sq. yards and above in areas other than
the notified municipalities.
4.2.
The property held by a "Family" in different locations or different
places/cities would be clubbed while applying the land. or property
holding test to determine EWS status.
4.3 The term "Family" for
this purpose will include the person who seeks benefit of reservation,
his/her parents and siblings below the age of 18 years as also his/her
spouse and children below the age of 18 years.
5. INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF
CERTIFICATE:
5.1
The benefit of reservation under EWS can be availed upon production of
an Income and Asset Certificate issued by a Competent Authority. The
Income and Asset Certificate issued 'by any one of the following
authorities in the prescribed format as given in Annexure-I shall only
be accepted as proof of candidate's claim as 'belonging to EWS: -
(i)
District Magistrate/Additional District Magistrate/ Collector/ Deputy
Commissioner/Additional' Deputy Commissioner/ 1st Class Stipendary
Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate! Executive
Magistrate/ Extra Assistant Commissioner
(ii) Chief Presidency Magistrate/Additional
Chief Presidency Magistrate/ Presidency Magistrate
(iii) Revenue Officer not below
the rank of Tehsildar and
(iv) Sub-Divisional Officer or the area where the
candidate and/or his family normally resides.
5.2
The Officer who issues the certificate would do the same after
carefully verifying all relevant documents following due process as
prescribed by the respective State/UT.
5.3 The crucial date for
submitting income and asset certificate by the candidate may be treated
as the closing date for receipt of application for the post, except in
cases where crucial date is fixed otherwise.
5.4 The appointing
authorities should, in the offer of appointment to the candidates
claiming to be belonging to EWS, include the following clause :-
"The
appointment is provisional and is subject to the Income and asset
certificate being verified through the proper channels and if the
verification reveals that the claim to belong to EWS is fake/false the
services will be terminated forthwith without assigning any further
reasons and without prejudice to such further action as may be taken
under the provisions of the Indian Penal Code for production of
fake/false certificate."
The appointing authority
should verify the veracity of the Income and asset certificate submitted
by the candidate through the certificate issuing authority
5.5
Instructions referred to above should be strictly followed so that it
may not be possible for an unscrupulous person to secure employment on
the basis of a false claim and if any person gets an appointment on the
basis of such false claim, her/his services shall be terminated invoking
the conditions contained in the offer of appointment
6. EFFECTING RESERVATION - MAINTENANCE OF ROSTERS:
6.1
Department of Personnel and Training had circulated Office Memorandum
No.36012/2/96-Estt(Res) dated July 2, 1997 regarding implementation of
post based reservation roster. The general principles for making and
operating post based reservation roster would be as per the principles
laid down in the said Office
Memorandum.
6.2 Every Government
establishment shall now recast group-wise post-based reservation roster
register for direct recruitment in accordance with format given in
Annexure II, III, IV and V, as the case may be, for effecting 10%
reservation for EWSs interpolating them with the SCs, STs and OBCs.
While fixing roster point, if the EWS roster point coincides with the
roster points of SCs/STs/OBCs the next available UR roster point has
been allotted to the EWSs and also the principle of "squeezing" has been
kept in view. While drawing up the rosters, the cadre controlling
authorities may similarly "squeeze" the last points of the roster so as
to meet prescribed 10% reservation.
6.3 Where in any recruitment
year any vacancy earmarked for EWS cannot be filled up due to non
availability of a suitable candidate belonging to EWS, such vacancies
for that particular recruitment year shall not be carried forward to the
next recruitment year as backlog.
6.4 Persons belonging to EWS
selected against the quota for persons with benchmark
disabilities/ex-servicemen shall be placed against the roster points
earmarked for EWS.
7. ADJUSTMENT AGAINST UNRESERVED VACANCIES:
A person belonging to EWS cannot be denied the right to compete for
appointment against an unreserved vacancy. Persons belonging to EWS who
are selected on the basis of merit and not on account of reservation are
not to be counted towards the quota meant for reservation.
8. FORTNIGHTLY/ANNUAL REPORTS REGARDING REPRESENTATION OF
EWS:
The Ministries/Departments shall send single consolidated fortnightly
report including their attached/subordinate offices beginning from
15.2.2019 as per format at Annexure-VI -.
From 01.01.2020, the
Ministries/Departments shall upload data on representation of EWSs in
respect of posts/services under the Central Government on the URL i.e.
www.rrcps.nic.in as on 1st January of every year. All
Ministries/Departments have already been provided respective usercode
and password with guidelines for operating the URL
9. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT
ESTABLISHMENT:
9.1 Every Government establishment shall appoint a senior officer of the Department as the
Grievance Redressal Officer.
9.2
Any person aggrieved with any matter relating to discrimination in
employment against any EWS may file a complaint with the Grievance
Redressal Officer of the respective Government establishment. The name,
designation and contact details of the Grievance Redressal Officer may
be displayed prominently on
the website and in the office of the concerned
establishment.
10. LIAISON OFFICER:
Ministries/Departments/Attached and Subordinate Offices shall appoint
Liaison Officer to monitor the implementation of reservation for EWSs.
11.
The above scheme of reservation will be effective in respect of all
direct recruitment vacancies to be notified on or after 01.02.2019.
12.
All the Ministries/Departments are requested to bring the above
instructions to the notice of all appointing authorities, under their
control. In case of any difficulty with regard to implementation of the
provisions of this OM, the concerned authorities may consult DOP&T
through their administrative Ministry/Department.
Encl: As above
(G. Srinivasan)
Director
Ph.No.011-23093074
Source:
DoPT
