RBE No.242/1985 Reservation – In Posts Filled by Promotion

No.83.E(SCT)42/1, dated 21.08.1985

Sub: Reservation for Scheduled Castes/ Scheduled Tribes in posts filled by promotion.

Ref:  Your D.O. letters No.807 E/270/Pt.III (Policy) RP Cell, dated 28.06.1984.

The points raised in your above referred letters on the subject mentioned above have been examined and the clarifications to the points are given below:

(1) “How the reserved point is to be treated if the senior candidate due for promotion as per his seniority is on deputation and given proforma promotion.”

In such a case, the senior reserved candidate should be treated as having been promoted against the reserved point.

However, since he would not be physically available, the next senior-most reserved community candidate in whose favour the point is reserved, should be promoted on provisional basis. The name of such senior-most next reserved candidate so promoted should be shown against the relevant reserved point on the roster with ‘A’.

For example, if promotion is made against roster point No.28 (SC), the name of the SC candidate already on deputation may be shown with remarks ‘promoted but on deputation’ and the name of the next senior-most SC candidate to be promoted on provisional basis should be shown against roster point No.28 ‘A’.

The same procedure should also be adopted in case of unreserved roster point.

In this connection, the clarification given against item No.3 of Board’s letter of even number dated 03.08.1984 may also be connected.

(2) “How the best amongst failure scheme should be implemented in case of promotion where training is prescribed before posting of empanelled candidates.”

The Scheduled Caste/ Scheduled Tribe candidates to be promoted under the scheme of best amongst failure, should be sent for training wherever training course is prescribed along with the passed candidates as per the roster point as already clarified in Board’s letter No.83.E(SCT) 42/1, dated 14.04.1983.

If they complete the training course successfully, they should be earmarked for promotion on trial basis for 6 months in terms of  Board’s letter No.E(SCT) 74-CM 15/34, dated 31.08.1974.

(Already clarified vide this office D.O. No.82-E(SCT) 42Pt., dated 13.09.1984).

(3) “Whether de-reservation should be asked for the same reserved points in cases where once de-reservation approval is accorded by the Board and the reserved points have been carried forward.”

Once a reserved point has been de-reserved and the shortfall is carried forward then in the next selection same unreserved point is treated as reserved to make good the previous shortfall. If in the next selection also, the reserved candidates are not available, de-reservation is again required.

(4) “In case of shrinkage of cadre, reserved community candidate who was junior but promoted against last reserved point, was reverted, then on occurrence of fresh vacancy against unreserved point who is to be promoted i.e. whether that SC/ST candidate was reverted is to be promoted or that reserved community candidate shall be promoted on occurrence of next reserved point on the roster.”

On the shrinkage of a cadre, the following two situations may be visualized:

(a)  The shrinkage of cadre may affect the reserved roster point itself which has been filled up by the junior-most reserved candidate;

(b) The shrinkage of cadre may affect the unreserved roster point and not the reserved roster point as the reserved point has been filled up by the junior most reserved candidate but in fact it falls earlier than the un-reserved point.

In case of (a), the junior-most SC/ST candidate has to be reverted on shrinkage of cadre and be re-promoted as soon as the next vacancy occurs against this reserved point. In respect of (b) the reversion of reserved candidate does not arise as he has been adjusted against the earlier reserved point and, therefore, on occurrence of a next vacancy, the unreserved candidate who is reverted, will be re-promoted against the same point.

In both these cases, on occurrence of a vacancy the same point which was made non-operative due to shrinkage of cadre will be made operative.