FAQ related to UPSC & SSC on general procedure: Published by DoPT

Q. (i) What are the documents to be sent to the UPSC to obtain its advice on disciplinary cases?

Answer- The instructions prescribing checklist/proforma including documents required to be sent to UPSC to obtain its views on disciplinary cases have been issued vide O.M. No. 39011/12/2009- Estt.(B) dated 10.05.2010. Reference is also to be made to O.M. No. 39035/1/2011-Estt.(B) dated 10.5.2011, a copy each of which is also available in this Department's website (http://persmin.nic.in).

 

Q. (ii) Is there any provision to get UPSC's advice in disciplinary matters where the Courts have given a time limit for completion of the proceedings?

Answer — Yes, the instructions issued in this matter by this Department are contained in O.M. No. 39035/01/2011-Estt.(B) dated 10.05.2011 which is also available in this Department's website.

 

Q. (iii) Can the penalty proposed to be imposed by the Disciplinary Authority be intimated to UPSC while seeking its advice ?

Answer— No. This Department's O.M. No. 39034/1/2009-Estt.(B) dated 12.01.2010 refers, which is also available in this Department's website

Q. (iv) What is the procedure if the Disciplinary Authority does not want to accept the UPSCs advice in a disciplinary proceeding?

Answer — The procedure to be followed while disagreeing with the advice of UPSC in a disciplinary proceedings is contained in O.M. No. 39023/02/2006-Estt.(B) dated 05.12.2006 which is also available in this Department's website.

 

Q. (v) In case a Ministry wants to exclude any post which is under the purview of the UPSC as per Constitutional mandate, is it necessary that the comments of the UPSC in the matter be taken before referring the matter to the DOP&T ?

Answer — Yes.

 

Q. (vi) Which are the posts exempted presently from the purview of the UPSC ?

Answer— Details of post/services exempted from consultation with UPSC have been listed in the UPSC (Exemption from Consultation) Regulations, 1958 issued by this Department amended from time to time. A copy of updated UPSC (Exemption from Consultation) Regulations, 1958 is also available in this Department's website (http://persmin.nic.in).

 

Q. (vii) What is the composition of the UPSC ?

Answer— The Union Public Service Commission consists of Chairman and ten Members.

 

Q. (viii) What are the conditions of service applicable for Chairman and Members of UPSC ?

Answer — The conditions of service for Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969, which generally follow those applicable to the Chief Election Commissioner/ Election Commissioners.

 

Q. (ix) In which of the examinations conducted by the UPSC, candidates can write answers in any of the languages included in the Eighth Schedule to the Constitution ?

Answer—Presently only in Civil Services (Mains) Examinations conducted by the UPSC, the candidates can write answers in any of the languages included in the Eighth Schedule to the Constitution.

 

Staff Selection Commission (SSC)

Q. (i) What are the categories of posts for which the SSC makes recruitment?
Answer — SSC makes recruitment to Group B' (Non-Gazetted) posts and Group 'C' (non-technical) posts in the Ministries/ Departments of the Government of India including its attached and subordinate offices. The SSC also makes recruitment to certain technical posts like JEs.

Q. (ii) What are the Regional Offices/Sub-Regional Offices of SSC?
Answer—There are 7 Regional Offices at Delhi, Mumbai, Kolkata, Chennai, Bengluru, Guwahati &Allahabad and 2 Sub-Regional offices at Raipur and Chandigarh. For details, the website of SSC (http://ssc.nic.in) may be referred to.

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Post offices across the country will be online integrated into a single network

Post offices across the country will be online integrated into a single network, Union Minister of State for Communications and IT Killi Kruparani said on Sunday. “Post offices have more account holders than banks and more customer-friendly services are in the offing”, she said, at the foundation stone ceremony for a modern post office at Kukatpally.

The new post office is being constructed at a cost of Rs.2 crore and will be one of the hubs for the ‘Logistic Post service’. The Minister explained that under ‘Project Arrow’ 149 post offices were modernised in the State and another 48 were in the pipeline while Aadhaar-enabled pension disbursement and other monitory benefits would also be taken up. Around 1,000 POs across the country would be equipped with ATMs along with GIS maps and the Mobile Money Order facility would be introduced in October, Ms. Kruparani said. An ultra modern Automated Mail Processing Centre will be inaugurated at Shamshabad soon. She also said that more post-offices would be built through PPP model. LSP chief Jayaprakash Narayan, Chief Postmaster General Karuna Pillai and Director of Postal Services Mariamma Thomas were present.

Source:-The Hindu

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Frequently Asked Questions (FAQs) on the policy of reservation to Ex-servicemen

Q.1 What is the policy of reservation for ex-servicemen?

Ans.: The policy of reservation for ex-servicemen is governed by the Ex- servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. These rules apply to all the Central Civil Services and Posts, Group 'C' and Group `IY and the posts of the level of Assistant Commandant in all para­military forces.

 

Q.2 What is the percentage of reservation provided to the ex-servicemen?

Ans. Ten per cent of the vacancies in the posts of the level of Assistant Commandent in all para-military forces, ten per cent of the vacancies in each of the categories of Group 'C' and of such posts in Group 'C' services, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year are reserved for ex-servicemen;

 

Provided the percentage of reservation so specified for ex-servicemen in a category of post shall be increased or decreased in any one recruitment year to the extent to which the total number of vacancies reserved for ex-servicemen, Scheduled Castes and Scheduled Tribes (including the carried forward reservation for Scheduled Castes and Scheduled Tribes) and for any other categories taken together, falls short or is in excess, as the case may be, of fifty per cent of the vacancies in that category of posts filled in that year;

Provided further that in case of an increase in the reservation for the ex- servicemen under the preceding proviso, the additional vacancies so made available for them shall be utilised first for the appointment of disabled ex- servicemen and if any such vacancies still remain unfilled thereafter the same shall then be made available to other ex-servicemen.

 

Q.3 What is vertical reservation and what is horizontal reservation?

Ans. Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called inter-locking reservation) and persons selected against the quota for persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved for the ex-servicemen and out of two ex-servicemen appointed, one belongs to a Scheduled Caste and the other to general category then the disabled SC candidate shall be adjusted against the SC point in the reservation roster and the general candidate against unreserved point in the relevant reservation roster. In case none of the vacancies falls on point reserved for the SCs, the ex-serviceman belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs.

 

Since the ex-servicemen have to be placed in the appropriate category viz. SC/ST/OBC/ General in the roster meant for reservation of SCs/STs/OBCs, the application form for the post should require the candidates applying under the quota reserved for ex-servicemen to indicate whether they belong to SC/ST/OBC or General category.

 

Q.4 What is the definition of Ex-serviceman?

Ans.: The Ex-serviceman (Re-employment in Central Civil Services and Posts) Rules, 1979 as modified by the Gazette Notification dated 27^th October, 1986, defines ex-serviceman as a person who has served in any rank whether as combatant or non-combatant in a Regular Army, Navy and Air Force of the Indian Union and

 

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

 

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

 

(iv) Who has been released from such service after completing the specific period of engagements, otherewise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, and has been given a gratuity; and includes personnel of the Territorial Army of thefollowing categories, namely:

(i) Pension holders for continuous embodied service

(ii) Persons with disability attributable to military service; and (Hi) Gallantry award winners.

 

As per the clarification issued in the Notification No.36034/5/85- Estt.(SCT) dated 27.3.1987 any person who has been released upto 30^th June, 1987 —

(a) At his own request after completing 5 years service in the Armed Forces of the Union; or

(b) After serving for a continuous period of six months after attestation, otherwise than at his own request or by way of dismissal or discharge on account of mis-conduct or inefficiency or has been transferred to the reserve pending such release;

shall also deemed to be an ex-serviceman.

 

Q.5 What are the relaxations/concessions available to the ex-servicemen?

Ans.: For appointment to vacancies in any Group C or Group D posts in Central Government, an ex-serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years he shall be deemed to satisfy the condition regarding age limit.

 

The upper age limit shall be relaxed by the length of military service increased by three years in the case of ex-servicemen and commissioner officers including ECOs/SSCOs for appointment to anyvacancy in Group A and Group B services/posts filled by direct recruitment otherwise than on the results of an open All India Competitive Examination held by the UPSC.

 

For appointment to any vacancy in Group A and Group B services/posts filled by direct recruitment on the results of an All India Competitive Examination held by UPSC the ex-servicemen and Commissioned Officers including ECOs/SSCOs who have rendered at least 5 years military service and have been released, (1) on completion of assignment (including those whose assignment is due to be completed within I year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency, or (2) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

 

Relaxation in Educational Qualification- For appointment to any reserved vacancy in Group 'C' posts, the appointing authority may, at its discretion, relax the minimum educational qualification, where such qualification prescribed is a pass in the Middle School Education or nay lower examination, in favour of ex-servicemen who have put in atleast three years service in the Armed Forces of the Union and who are otherwise considered fit and suitable for appointment to such posts, in view of their experience and other qualifications.

 

For appointment to any reserved vacancy in Group 'C' posts, to be filled partly by direct recruitment and partly by promotion or transfer where the minimum qualification or technical qualification prescribed for appointment by direct recruitment is higher than that prescribed for promotes or transferees, an ex-servicemen shall be deemed to satisfy the prescribed education or technical qualification if he;

(i) satisfied the educational or technical qualification prescribed for direct recruitment to the post from which promotion or transfer to the post in question is allowed, and

(ii) has identical experience of work in a similar discipline and for the same number of years in the Armed Forces of the Union, as prescribed for promotes or transferees.

 

Q.6 Is the benefit of reservation available to the ex-serviceman, who has already joined a civil appointment?

Ans. An ex-serviceman who has already secured employment under the Central Government in Groups C and D will be permitted the benefit of age relaxation as prescribed for ex-servicemen for securing another employment in a higher grade or cadre in Group C and D under the Central Government. However, such candidate will not be eligible for the benefit of reservation for ex-servicemen in Central Government jobs.

 

Q.7 Can a vacancy reserved for ex-serviceman be filled by general candidate?

Ans. No vacancy reserved for ex-servicemen in a post to be tilled otherwise than on the results of an open competitive examination shall be tilled by the appointing authority by any general candidate, until and unless the said authority ;

(i) has obtained a "Non-availability Certificate" from the employment exchange (where a requisition is placed on an employment exchange);

(ii) has verified the non-availability of a suitable candidate by reference to the Director General Resettlement and recorded a certificate to that effect ; and

(iii) has obtained approval of the Central Government.

In case of number of posts reserved for ex-servicemen is not filled by candidates who are ex-servicemen the number of posts not so filled can be added to the number of post falling to the share of ex- servicemen in the next year. However, addition will be subject to adjustments with the reservation available for the other categories in accordance with the general policy of the Government and also subject to the upper ceiling and 50% of the total vacancies being reserved.

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Frequently Asked Questions (FAQs) on the Policy of Reservation to SCs, STs and OBCs:

  

Q.1. What is the policy of the Government on reservation for SCs, STs and OBCs? 

Ans: Reservation to the SCs. STs and OBCs in case of direct recruitment on all India basis by open competition is given at the rate of 15%. 7.5% and 27% respectively. In case of direct recruitment on all India basis otherwise than by open competition, reservation for SCs. STs and OBCs is 16.66%, 7.5% and 25.84% respectively. In case of direct recruitment to Group C and D posts which normally attract candidates from a locality or a region, percentage of reservation for SCs/STs is generally fixed in proportion to the population of SCs and STs in the respective States/UTs. For OBCs it is fixed keeping in view the proportion of their population in the concerned State/UT and the fact that total reservation for SCs/STs/OBCs remains within the limit of 50% and reservation for OBCs remains within the limit of 27%.

 

Reservation in promotion by non-selection method is available to SCs and the STs in all groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively. In case of promotion by selection method reservation is available upto the lowest rune of Group “A” at the same rates. In promotion by selection to posts within Group “A” which carry an ultimate salary of Rs. 18,300/- or less (in pre-revised scale), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

Q.2 What are the key provisions of Reservation Policy?

Ans: Follwing are the key provisions of Policy of Reservation for SCs, STs and OBCs:

(i) SCs/ STs get reservation in all groups of posts under the Government in case of direct recruitmentand in case of promotions

made by non-selection method. In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C. D posts and from Group B to the lowest rung in Group 'A' posts.

(ii) SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also promoted on their own merit are adjusted against unreserved posts.

(iii)In promotion by selection to posts within Group 'A which carry an ultimate salary of Rs.18,300/- or less (pre-revised), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of- consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

(iv) There is a general ban on dereservation of posts in case of direct recruitment.

(v) In case of direct recruitment various relaxations, like relaxations in age limit by 5 years; exemption from payment of examination/application fees: relaxation in qualification of experience at the discretion of UPSC/competent authority:, relaxation in standard of suitability. etc. are available to members of SCs and STs.

(vi) In case of direct recruitment. OBCs get relaxation of 3 years in upper age limit, relaxation in standards of suitability, etc.

(vii) In case of promotion, zone of consideration is extended upto five times the number of vacancies in case suitable candidates are not available within normal zone of consideration; minimum qualifying marks/ standards of evaluation are relaxable; upper age limit is relaxable by five years where upper age limit for promotion is prescribed not more than 50 years.

(viii) There is a provision of appointment of liaison officers in all Ministries/ Departments to ensure proper implementation of reservation policy.

 

Q. 3: What are the relaxations available to SCs/ST?

Ans: The relaxations that are available for the SCs and STs in direct recruitment are as follows: -

a) Relaxation in the upper age limit by five years:,

b) Exemption from payment of examination / application fees;

c) Where interview is a part of the recruitment process, SC / ST candidates should be interviewed separately;

d) Qualification regarding experience can be relaxed in respect of SC / ST candidates at the discretion of UPSC / Competent Authority;

e) Standards of suitability can be relaxed etc.

 

The relaxations that are available for the SCs STs in promotions are as follows:-

a) The zone of consideration is extended to five times the number of

vacancies in case suitable SC / ST candidates are not available within

the normal zone of consideration;

b) Minimum qualifying marks i standards of evaluation are relaxable;

c) Upper age limit relaxable by five years where upper age limit for promotion is prescribed not exceeding fifty years, etc.

 

Q.4. What are the relaxations available to OBCs?

Ans: Relaxations available to OBCs in direct recruitment are as follows:

 

(i) Relaxation in the upper age limit by 3 years.

(ii) Qualification regarding experience can be relaxed at the discretion of Competent Authority.

(iii) Standards of suitability can be relaxed, etc.

 

Q:5 Who is an own merit candidate?

Ans: A candidate belonging to SC/ST/013C who is selected on the same standard as applied to general category candidates and who appears in the general merit list is treated as own merit candidate. Such candidate is adjusted against unreserved point of the reservation roster. Department of Personnel and Training O.M. No36011/1/98-Estt.(Res.) dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidate, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would he deemed to be unavailable for consideration against unreserved vacancies.

Q.6. What is the difference between post based reservation and vacancy based reservation?

Ans: Reservation to SCs. STs and OBCs prior to 2.07.1997 was implemented through vacancy basedrosters in which case calculation of reserved vacancies depended on the total number of vacancies to be filled. The Supreme Court in the case of R.K. Sabharwal held that reservation in a cadre should be calculated on the basis of total number of posts in the cadre and not the vacancies. It means that if reservation for SCs is 15% and cadre strength in a grade is 100, 15 posts will be reserved for SCs i.e. at any point of time 15 posts in this cadre should be held by SCs appointed by reservation. Whenever their representation comes down, it would be completed.

Q.7: What is a Backlog vacancy and why are so many backlog vacancies in services?

Ans: Backlog Revered Vacancies of a category are those vacancies which were earmarked reserved for that category in and earlier recruitment year but remained unfilled in the previous recruitment attempt on account of non- availability of suitable candidates belonging to that category and are still lying unfilled.

 

As per instructions issued by the DoP&T, if sufficient number of suitable SCs, STs and OBC candidates do not become available to fill up the vacancies reserved for them in the first attempt of recruitment, a second attempt is made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment year so that backlog reserved vacancies are not created. However, even after making such efforts the reserved vacancies are not filled up and backlog vacancies are created which are carried forward to the subsequentrecruitment year. in which concerted efforts are made to fill up the backlog reserved vacancies as soon as possible.

 

It may be observed that reason of creation of backlog reserved vacancy is non-availability of reserved category candidates for some posts.

 

Q.8 Whether the ceiling of 50% reservation would apply to backlog reserved vacancies of SC's, STs and OBCs.

Ans. Backlog reserved vacancies are treated as special and distinct group and ceiling of 50% reservation in a recruitment year does not apply to backlog reserved vacancies.

 

Q.9 What is the policy of Government about appointment of less qualified SC's, STs and OBCs candidates?

Ans: Instructions provide that in direct recruitment whether by examination or otherwise, if sufficient number of Scheduled Caste candidates are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this community should be selected to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for Scheduled Castes cannot be filled on the basis of general standard, candidate belonging to SC community are taken by relaxed standard to make up the deficiency in the reserved quota. subject to the fitness of these candidates for appointment to the post/ posts in question.

 

In addition to the concession referred to above, instructions further provide that in cases where the requisite number of SC candidates fulfilling even the relaxed standards admissible in their cases are not available to fill the vacancies reserved for them in non-technical and quasi-technical Group C and D services/posts required to be filled by direct recruitment otherwise than by written examination, the selecting authorities should, to the extent of the vacancies reserved for SC. select for appointment the best among the SC candidates who fulfill the minimum educational qualification laid down in the notice for recruitment of advertisement. In order to bring such candidates to the minimum standard necessary for the posts and for the maintenance of efficiency of administration, they should be given in-service training.

 

Where some period of experience is prescribed as an essential qualification for direct recruitment to a post, an where, in the opinion of the Ministry/ Department concerned, the relaxation of the experience qualification is not inconsistement with efficiency, a provision is inserted under the "essential qualification" in the relevant recruitment rules to the effect that UPSC/ Competent Authority may relaxed the experience/qualification in the case of SC/ST/OBC candidates.

 

Q.10. Why there is no reservation in ease of promotion within Group A?

Ans: Reservation to SCs and STs is available at all levels in the matter of promotion by non-selection method. In case of promotion by selection, they get reservation up to the lowest rung of Group A'. Though there is no reservation in promotion by selection within Group A. in ease of promotion by selection from a Group 'A post to another Group 'A' post having a maximum salary of Rs.18,300/- or less( in pre-revised scale), the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, are included in that list provided they are not considered unfit for promotion. Thus sufficient care is taken to ensure that the SC/ST officers get promotion to such higher posts even if they do not meet the criterion laid down for general category candidates.

 

The Supreme Court in lndra Sawhney's case had declared reservation in promotion ultra virus. However, in order to continue reservation in promotion, the 77th Amendment was made to the Constitution incorporating clause (4A) in Article 16 of the Constitution which enabled the State to continue reservation in promotion. The statement of Objects and Reasons of the Constitution (Eight-Sixth Amendment) Bill which became the Constitution (77th Amendment) Act, stated that the object was to continue the then existing dispensation. Since reservation in promotion was not available when promotions were made by selection within Group 'A' posts even before the judgment of the Supreme Court in lndra Sawhney case, the Department's O.M. dated August 13, 1997 issued in pursuance of Article 16 (4A) has restored the previously existing dispensation, which did not provide for reservation in promotion by selection within Group 'A' posts.

 

Q.11 What is the objective behind the issuance of caste certificates to Scheduled Castes and Scheduled Tribes?

Ans. The main objective of issuance of caste certificate is to facilitate access of bonafide candidates belonging to the Scheduled Castes Scheduled Tribe and Other Backward Class to the reserved posts and services under the State and other facilities provided by the State to them.

 

Q.12 Whether the Government have achieved the objective behind the issue of caste certificate?

Ans. On the basis of caste certificates. lame number of reserved category candidates have been able to secure employment in Government establishments, PSUs, Banks, autonomous bodies etc.; secure admissions to educational institutions; and get other facilities provided by the Government to the members of Scheduled Castes. Scheduled Tribes and Other Backward Classes.

 

Q.13 What is the procedure for issuing of Scheduled Caste/Scheduled Tribe/Other Backward Class certificates? Who is the competent authority to issue the same? Is any other authority other than specified, in any circumstances allowed to issue such certificates. If so, elaborate.

Ans. The instructions contained in this Department's OM No.36012/6/88- Estt.(Res.) dated 24.4.90 and OM No.36012/22/93_Estt.(Res.) dated 15.11.1993 provide the Authorities who are competent to issue of caste certificates and also the proforma However, the Central Government accepts the certificates issued only by the followirg authorities in the prescribed proforma:

 

(1) District Magistrate / Additional District Magistrate/Collector/ Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st Class stipendiary Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.

(2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

(3) Revenue Officer not below the rank of Tehsildar and

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

Q.14 What are the guidelines that have been issued to the appointing authorities in regard to scrutiny and verification of caste certificates of candidates at the time of their entry into Government service? Whether the present guidelines on the subject are fool proof so that genuine SC/ST are not deprived of their Constitutional rights.

Ans. The Government of India has issued instructions regarding scrutiny and verification of the caste certificates of the candidates at the time of initial appointment and at every important upturn of employee's career. This Department re-iterated the instructions vide O.M. No.36011/3/2005-Estt. (Res.) dated 9th September 2005.

 

Q.15 What are the guidelines in case of migration of a reserved category person from one state to another State?

Ans. When a person migrates from the portion of the State in respect of which his community is Scheduled to another part of the same State in respect of which his community is not scheduled, he will continue to be deemed to be a member of the Scheduled Caste or the Scheduled Tribe or the Other Backward Class, as the case may be in relation to that State;

 

When a person who is a member from one State to another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated.

Q.16 What action is taken when complaints are received about the genuineness of caste certificate once the appointments have been given or on detection of a prima facie case of a false SC/ST certificate at any stage of employment? is there a set procedure to be followed for punishing such an employee?

Ans. The instructions contained in The Department of Personnel & Training's 0.M.No.11012/7/91-Estt. (A) dated 19-5-93 provide that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc. for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service, if he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Govt. Servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In 110 circumstances should any other penalty be imposed. Necessary action may also be taken under the provisions of the IPC for production of false certificates.

 

Q. 17 What is 'Creamy Layer' amongst OBCs?

Ans. The Supreme Court in lndra Sawhney case has upheld 27% reservation for OBCs in civil posts and services under the State subject to exclusion of socially advanced persons/ sections (creamy layer) from OBCs within 4 months form the date of judgment.

2. Following the above judgment of the Supreme Court, the Government had constituted an Expert Committee to make recommendations on the socio­economic criteria to be adopted for excluding the creamy layer amongst OBCs. The report of the Expert Committee was considered and accepted by the Government and the categories of the persons/ selections to be excluded from the purview of reservation orders for OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this Department. Initially, the Income limit of 'creamy layer' vide the aforesaid O.M. for exclusion of reservation was fixed Rs.1 Lakh.

3. Last time, this income ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM No.36033/3/2004-Estt.(Res.) on 14.10.2008.

 

Q-18 What is the criteria to determine the 'creamy layer' amongst OBCs Employees working in PSUs ?

Ans. The criteria prescribed for determining creamy layer status of some and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisations, Universities etc. and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of 'Income/ Wealth Test' given in the Schedule. The income/ wealth Test prescribes that the gross annual income of Rs.4.5 lakh or above or possessing wealth above the exemption limit as prescribed in Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer.

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Frequently Asked Questions (FAQs) on the policy of reservation to Persons with Disabilities

Q.1 What is the policy of the Government on reservation for Persons with Disabilities?

Ans.: Reservation to Persons with Disabilities is provided in line with the provisions of the Persons withDisabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in posts and services under the Government of India.

Three per cent of the vacancies in case of direct recruitment to Group A,B,C and D posts shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsyin the posts identified for each disability;

Three per cent of the vacancies in case of promotion to Group D and Group C posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons withdisabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability. 

Q.2 What is the provision for exemption from reservation to Ministries/Departments?

Ans.: If any Department / Ministry considers it necessary to exempt any establishment partly or fully from the provision of reservation for persons with disabilities, it may make a reference to the Ministry of Social Justice and Empowerment giving full justification for the proposal. The grant of exemption shall be considered by an Inter-Departmental Committee set up by the Ministry of Social Justice and Empowerment.

Q.3 What are the definitions of Disabilities?

Ans.: Definitions of categories of disabilities for the purpose of this Office Memorandum are given below:

(i)(a) Blindness: "Blindness" refers to a condition where a person suffers from any of the following conditions, namely:-

(i) total absence of sight; or

(ii) visual acuity not exceeding 6/60 or 20/200(snellen) in the better eye with correcting lenses; or

(iii) limitation of the field of vision subtending an angle of 20 degree or worse;

(b) Low vision: "Person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device.

(ii) Hearing Impairment:- "Hearing Impairment" means loss of sixty decibels

or more in the better ear in the conversational range of frequencies.

(iii)(a) Locomotor disability : "Locomotor disability" means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy.

(b) Cerebral Palsy :- "Cerebral Palsy" means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, pen- natal or infant period of development.

(c) All the cases of orthopaedically handicapped persons would be covered under the category of "locomotor disability or cerebral palsy."

Q.4 What should be the degree of disability for claiming reservation in posts/services under the Central Government?

Ans.: Only such persons would be eligible for reservation in services / posts who suffer from not less than 40 per cent of relevant disability. A person who wants to avail of benefit of reservation would have to submit a Disability Certificate issued by a competent authority.

Q.5 Who is the competent authority to issue Disability Certificate?

Ans.: The competent authority to issue Disability Certificate shall be a Medical Board duly constituted by the Central or a State Government. The Central / State Government may constitute Medical Board(s) consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing locomotor / cerebral / visual / hearing disability, as the case may be.

The Medical Board shall, after due examination, give a permanent disability certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability. The Medical Board shall indicate the period of validity of the certificate, in cases where there are chances of variation in the degree of disability. No refusal of disability certificate shall be made unless an opportunity is given to the applicant of being heard. On representation by the applicant, the Medical Board may review its decision having regard to all the facts and circumstances of the case and pass such orders in the matter as it thinks fit.

At the time of initial appointment and promotion against a vacancy reserved for persons with disability, the appointing authority shall ensure that the candidate is eligible to get the benefit of reservation.

An employee who acquires disability after entering into service will be entitled to get the benefit of reservation as a person with disability from the date he produces a valid certificate of disability.

Q.6 Which Ministry/Department identifies the jobs/posts suitable for Persons with Disabilities?

Ans.: The Ministry of Social Justice and Empowerment have identified the jobs / posts suitable to be held by persons with disabilities and the physical requirement for all such jobs / posts vide theirnotification no. 16-25/99.NI.I dated 31.5.2001. The jobs / posts given in Annexure II of the saidnotification as amended from time to time shall be used to give effect to 3 per cent reservation to the persons with disabilities. It may, however, be noted that:

(a) The nomenclature used for any job / post shall mean and include nomenclature used for other comparable jobs / posts having identical functions.

(b) The list of jobs / posts notified by the Ministry of Social Justice & Empowerment is not exhaustive. The concerned Ministries / Departments shall have the discretion to identify jobs / posts in addition to the jobs / posts already identified by the Ministry of Social Justice & Empowerment. However, no Ministry/ Department / Establishment shall exclude any identified job / post from the purview of reservation at its own discretion.

(c) If a job/ post identified for persons with disabilities is shifted from one group or grade to another group or grade due to change in the pay-scale or otherwise, the job/ post shall remain identified.

If a post is identified suitable only for one category of disability, reservation in that post shall be given to persons with that disability only. Reservation of 3% shall not be reduced in such cases and total reservation in the post will be given to persons suffering from the disability for which it has been identified. Likewise in case the post is identified suitable for two categories of disabilities, reservation shall be distributed between persons with those categories of disabilities equally, as far as possible. It shall, however, be ensured that reservation in different posts in the establishment is distributed in such a way that the persons of three categories of disabilities, as far as possible, get equal representation.

Q.7 How can a Person with Disability be appointed against an unreserved vacancy?

Ans.: In the posts which are identified suitable for persons with disabilities, a person with disabilitycannot be denied the right to compete for appointment against an unreserved vacancy. Thus a person with disability can be appointed against an unreserved vacancy, provided the post is identified suitable for persons with disability of the relevant category.

Q.8 Who is an own merit candidate?

Ans.: Persons with disabilities selected on their own merit without relaxed standards alongwith other candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with disabilities which will thus comprise physically handicapped candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of direct recruitment as well as promotion, wherever reservation for persons with disabilities is admissible.

Q.9 How is the reservation for Persons with Disabilities computed?

Ans.: Reservation for persons with disabilities in case of Group C and Group D posts shall be computed on the basis of total number of vacancies occurring in all Group C or Group D posts, as the case may be, in the establishment, although the recruitment of the persons with disabilities would only be in the posts identified suitable for them. The number of vacancies to be reserved for the persons with disabilities in case of direct recruitment to Group 'C' posts in an establishment shall be computed by taking into account the total number of vacancies arising in Group 'C' posts for being filled by direct recruitment in a recruitment year both in the identified and non-identified posts under the establishment. The same procedure shall apply for Group 'ID' posts. Similarly, all vacancies in promotion quota shall be taken into account while computing reservation in promotion in Group 'C' and Group 'ID posts. Since reservation is limited to identified posts only and number of vacancies reserved is computed on the basis of total vacancies (in identified posts as well as unidentified posts), it is possible that number of persons appointed by reservation in an identified post may exceed 3 per cent.

Reservation for persons with disabilities in Group 'A' posts shall be computed on the basis of vacancies occurring in direct recruitment quota in all the identified Group 'A' posts in the establishment. The same method of computation applies for Group 'B' posts.

Q.10 How are the reservation roster registers for Persons with Disabilities maintained?

Ans.: (a) All establishments shall maintain separate 100 point reservation roster registers in the format given in Annexure II for determining / effecting reservation for the disabled — one each for Group 'A' posts filled by direct recruitment, Group 'B' posts filled by direct recruitment, Group 'C' posts filled by direct recruitment, Group 'C' posts filled by promotion, Group `D' posts filled by direct recruitment and Group `D' posts filled by promotion.

(b) Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into three blocks, comprising the following points:

1^st Block — point No.1 to point No.33

2^nd Block — point No. 34 to point No.66

3^rd Block — point No.67 to point No.100

c) Points 1, 34 and 67 of the roster shall be earmarked reserved for persons with disabilities — one point for each of the three categories of disabilities. The head of the establishment shall decide the categories of disabilities for which the points 1, 34 and 67 will be reserved keeping in view all relevant facts.

(d) All the vacancies in Group C posts falling in direct recruitment quota arising in the establishment shall be entered in the relevant roster register. If the post falling at point no. 1 is not identified for the disabled or the head of the establishment considers it desirable not to fill it up by a disabled person or it is not possible to fill up that post by the disabled for any other reason, one of the vacancies falling at any of the points from 2 to 33 shall be treated as reserved for the disabled and filled as such. Likewise a vacancy falling at any of the points from 34 to 66 or from 67 to 100 shall be filled by the disabled. The purpose of keeping points 1, 34 and 67 as reserved is to fill up the first available suitable vacancy from 1 to 33, first available suitable vacancy from 34 to 66 and first available suitable vacancy from 67 to 100 by persons with disabilities.

(e) There is a possibility that none of the vacancies from 1 to 33 is suitable for any category of the disabled. In that case two vacancies from 34 to 66 shall be filled as reserved for persons with disabilities. If the vacancies from 34 to 66 are also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 67 to 100. This means that if no vacancy can be reserved in a particular block, it shall be carried into the next block.

(f) After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start.

(g) If the number of vacancies in a year is such as to cover only one block or two, discretion as to which category of the disabled should be accommodated first shall vest in the head of the establishment, who shall decide on the basis of the nature of the post, the level of representation of the specific disabled category in the concerned grade/post etc.

(h) A separate roster shall be maintained for group C posts filled by promotion and procedure as explained above shall be followed for giving reservation to persons with disabilities. Likewise two separate rosters shall be maintained for Group D posts, one for the posts filled by direct recruitment and another for posts filled by promotion.

(i) Reservation in group A and group B posts is determined on the basis of vacancies in the identified posts only. Separate rosters for Group A posts and Group B posts in the establishment shall be maintained. In the rosters maintained for Group A and Group B posts, all vacancies of direct recruitment arising in identified posts shall be entered and reservation shall be effected the same way as explained above.

Q.11 What is meant by inter se exchange and carry forward of reservation in case of direct recruitment quota as well as in promotion quota?

Ans.

(a) Reservation for each of the three categories of persons with disabilities shall be made separately. But if the nature of vacancies in an establishment is such that a person of a specific category of disability cannot be employed, the vacancies may be interchanged among the three categories with the approval of the Ministry of Social Justice & Empowerment and reservation may be determined and vacancies filled accordingly.

(b) If any vacancy reserved for any category of disability cannot be filled due to non-availability of a suitable person with that disability or, for any other sufficient reason, such vacancy shall not be filled and shall be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year.

(c ) In the subsequent recruitment year the 'backlog reserved vacancy' shall be treated as reserved for the category of disability for which it was kept reserved in the initial year of recruitment. However, if a suitable person with that disability is not available, it may be filled by interchange among the three categories of disabilities. In case no suitable person with disability is available for filling up the post in the subsequent year also, the employer may fill up the vacancy by appointment of a person other than a person with disability. If the vacancy is filled by a person with disability of the category for which it was reserved or by a person of other category of disability by inter se exchange in the subsequent recruitment year, it will be treated to have been filled by reservation. But if the vacancy is filled by a person other than a person with disability in the subsequent recruitment year, reservation shall be carried forward for a further period upto two recruitment years whereafter the reservation shall lapse. In these two subsequent years, if situation so arises, the procedure for filling up the reserved vacancy shall be the same as followed in the first subsequent recruitment year.

In order to ensure that cases of lapse of reservation are kept to the minimum, any recruitment of the disabled candidates shall first be counted against the additional quota brought forward from previous years, if any, in their chronological order. If candidates are not available for all the vacancies, the older carried forward reservation would be filled first and the relatively later carried forward reservation would be further carried forward.

While filling up the reserved vacancies by promotion by selection, the disabled candidates who are within the normal zone of consideration shall be considered for promotion. Where adequate number of disabled candidates of the appropriate category of handicap are not available within the normal zone, the zone of consideration may be extended to five times the number of vacancies and the persons with disabilities falling within the extended zone may be considered. In the event of non availability of candidates even in the extended zone, the reservation can be exchanged so that post can be filled by a person with other category of disability, if possible. If it is not possible to fill up the post by reservation, the post may be filled by a person other than a person with disability and the reservation shall be carried forward for upto three subsequent recruitment years, whereafter it shall lapse.

In posts filled by promotion by non-selection, the eligible candidates with disabilities shall be considered for promotion against the reserved vacancies and in case no eligible candidate of the appropriate category of disability is available, the vacancy can be exchanged with other categories of disabilities identified for it. If it is not possible to fill up the post by reservation even by exchange, the reservation shall be carried forward for upto three subsequent recruitment years whereafter it shall lapse.

Q.12 What is vertical reservation and horizontal reservation?

Ans. Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with disabilities and ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called inter-locking reservation) and persons selected against the quota for persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved for the persons with disabilities and out of two persons with disabilities appointed, one belongs to a Scheduled Caste and the other to general category then the disabled SC candidate shall be adjusted against the SC point in the reservation roster and the general candidate against unreserved point in the relevant reservation roster. In case none of the vacancies falls on point reserved for the SCs, the disabled candidate belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs.

Since the persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/ General in the roster meant for reservation of SCs/STs/OBCs, the application form for the post should require the candidates applying under the quota reserved for persons with disabilities to indicate whether they belong to SC/ST/OBC or General category.

Q.13 What are the relaxations/concessions available to Persons with Disabilities?

Ans.: RELAXATION IN AGE LIMIT:

(i) Upper age limit for persons with disabilities shall be relaxable (a) by ten years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group 'C' and Group 'D' posts; (b) by 5 years (10 years for SCs/STs and 8 years for OBCs) in case of direct recruitment to Group 'A and Group 'B' posts where recruitment is made otherwise than through open competitive examination; and (c) by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group A and Group B posts through open competitive examination.

(ii) Relaxation in age limit shall be applicable irrespective of the fact whether the post is reserved or not, provided the post is identified suitable for persons with disabilities.

RELAXATION OF STANDARD OF SUITABILITY: If sufficient number of persons with disabilities are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this category may be selected on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for persons with disabilities cannot be filled on the basis of general standards, candidates belonging to this category may be taken by relaxing the standards to make up the deficiency in the reserved quota subject to the fitness of these candidates for appointment to the post / posts in question.

EXEMPTION FROM PAYMENT OF EXAMINATION FEE AND APPLICATION FEE: Persons with disabilities shall be exempt from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the Staff Selection Commission, the Union Public Service Commission etc. for recruitment to various posts. This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the disabled persons) and who enclose with the application form, necessary certificate from a competent authority in support of their claim of disability.

MEDICAL EXAMINATION: As per Rule 10 of the Fundamental Rules, every new entrant to Government Service on initial appointment is required to produce a medical certificate of fitness issued by a competent authority. In case of medical examination of a person with disability for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer or Board shall be informed beforehand that the post is identified suitable to be held by persons with disability of the relevant category and the candidate shall then be examined medically keeping this fact in view.

Q.14 What are the points which the Ministries/Departments should keep in mind while sending the requisition notice to the Employment Exchange, the SSC, the UPSC etc. while advertising the vacancies?

Ans.: In order to ensure that persons with disabilities get a fair opportunity in consideration for appointment to an identified post, the following points shall be kept in view while sending the requisition notice to the Employment Exchange, the SSC, the UPSC etc. and while advertising the vacancies:-

(i) Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen/ Persons suffering from Blindness or Low Vision/Persons suffering from Hearing Impairment/Persons suffering from Locomotor Disability or Cerebral Palsy should be indicated clearly.

(ii) In case of vacancies in posts identified suitable to be held by persons with disability, it shall be indicated that the post is identified for persons with disabilities suffering from blindness or low vision; hearing impairment; and/or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit.

(iii) In case of vacancies in posts identified suitable for persons with disabilities, irrespective of whether any vacancies are reserved or

(iv) not, the categories of disabilities viz blindness or low vision, hearing impairment and locomotor disability or cerebral palsy, for which the post is identified suitable alongwith functional classification and physical requirements for performing the duties attached to the post shall be indicated clearly.

(v) It shall also be indicated that persons suffering from not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation.

In order to ensure proper implementation of the provisions of reservation for persons with disabilities, the requisitioning authority while sending the requisition to the UPSC, SSC etc. for filling up of posts shall furnish the following certificate to the recruiting agency:-

"It is certified that the requirements of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 and the policy relating to reservation for persons with disabilities has been taken care of while sending this requisition. The vacancies reported in this requisition fall at points no ................ of cycle no ........ of 100 point reservation roster out of which ............ number of vacancies are reserved for persons with disabilities."

Q.15 What is the procedure to monitor the representation of Persons with Disabilities in posts and services under the central Government?

Ans.: (i) Soon after the first of January of every year, each appointing authority shall send to its administrative Ministry/Department:-

(a) PWD Report-I in the prescribed proforma (Annexure III) showing the total number of employees, total number of employees in the posts which have been identified suitable for persons with disabilities and number of employees suffering from blindness or low vision, hearing impairment, and locomotor disability or cerebral palsy as on the January of the year, and

(b)PWD Report-II in the prescribed pro forma (Annexure IV) showing the number of vacancies reserved for persons suffering from blindness or low vision, hearing impairment, and locomotor disability or cerebral palsy and number of such persons actually appointed during the preceding calendar year.

(ii) The administrative Ministry/Department shall scrutinize the information received from all appointing authorities under it and send consolidated PWD Report-I and PWD Report- II in prescribed pro formae in respect of the Ministry/Department including information in respect of all attached andsubordinate offices under its control to the Department of Personnel and Training by the ^31st March of each year.

(iii) The following points may be kept in view while sending the reports to the Department of Personnel & Training:-

(a) The reports sent to the DOPT should not include information in respect of public sector undertakings, statutory, semi-Government and autonomous bodies. Statutory, semi-Government and autonomous bodies shall furnish consolidated information in the prescribed proforma to the administrative Ministry/Department concerned who may scrutinize, monitor and maintain it at their own level. The Department of Public Enterprises may collect similar information in respect of all public sector undertakings.

(b) The attached/subordinate offices shall send information to their administrative Ministry/Department only and shall not send it direct to this Department.

(c) The figures in respect of persons with disabilities shall include persons appointed by reservation as well as appointed otherwise.

(d) The PWD Report I relates to persons and not to posts. Therefore, while furnishing this report the posts vacant etc. should not be taken into account. In this report persons on deputation should be included in the establishment of the boiTowing Ministry/Department/Office and not in the parent establishment. Persons permanent in one grade but officiating or holding temporary appointment in the higher grade shall be included in the figures relating to the Class of service to which the higher grade belongs.

Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of these instructions on reservation for Persons with Disabilities.

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