RBE No.59/1985 Panel – Formation of Panel Consideration of SCs/ STs

No.85 ADE(R)/105/Chandigarh, dated 11.03.1985

Sub: Tour Notes of Shri D.S. Nigah, Addl. Director Estt.-(R), Railway Board’s visit to Railway Service Commission, Chandigarh on 02.03.1985.

1.     Railway Service Commission, Chandigarh, was set up in 1983. So far, they have published a few panels only recently. I have gone through the panels published by the R.S.C. I find that separate lists of general, SC and ST candidates have been given in the panels. From the panels published it is not clear how they will interpolate the names of SC/ST candidates for the purposes of seniority as no merit position was indicated against the names of the candidates. On further discussion; I was informed that merit lists separately for general, SC and ST candidates are made and as per reservations, general, SC and ST candidates are selected from these merit lists for putting them in the panel. This is a wrong method of making the panels. First of all, there are no reservations for the general candidates. The number of vacancies are reserved only in favour of SCs and STs. Remaining vacancies are unreserved. The correct procedure for forming the panels would be that first of all, a combined merit position including SCs/STs should be formed. The merit list upto the number of candidates to be empanelled should be checked up whether it contains minimum number of reserved candidates. If SC/STs are not sufficient, in that case, reserved candidates at the lower merit of particular community who are short, should be included in the panel by squeezing out to that extent the general candidates of the lower merit of the merit list (upto the number equal to the number to be empanelled). The point made above will be more clear by illustrations given in the Annexure. RSC/ Chandigarh may review the panels already formed in view of the above.

2.     The indent submitted by Northern Railway to RSC/ Chandigarh was gone through. It was found that Column No.15 of the indent did not contain the number of reserved vacancies which are exchangeable between SC and ST being in the third carry forward year. In the absence of this information, the facility of exchange between SC and ST is not possible, while forming the panel by RSC. The correct way should be to include the following information in the indent as already indicated in my D.O. letter No.83-E(SCT) 30/9, dated 16.03.1984 to all CPOs and copy to all Chairman/ Member Secretaries, Railway Service Commission:-

(1)   Total number of vacancies (reserved and unreserved)

(2)   Number of vacancies reserved out of (1) above:

(a)	Due to carry forward reservations (separately) for each carry forward year	SC	ST
	In 3rd carry forward year
	In 2nd carry forward year
	In 1st carry forward year
(b)	Fresh reservation
(c)	Total (a) plus (b)
(d)	Net reservations out of (c) after applying the restriction of 50% of total vacancies
(e)	Number of vacancies out of (d) which are in the third year of carry forward and are mutually exchangeable between SC & ST

3. Member Secretary pointed out that they did not have any difficulty in getting SC candidates. However, they are finding it difficult to get required number of ST candidates. It is understood that RSC/ Ajmer is having a number of ST candidates available. They are accordingly sending an indent to RSC/ Ajmer for ST candidates.

4.     In the case of recruitment by examination, the recruiting authorities have full discretion in recommending SC/ST candidates who may obtain lower place in the examination except where such authorities consider that the minimum standard necessary for the maintenance of efficiency of the administration has not been lowered. When candidates are selected on the above criteria, the appointing authorities should make necessary arrangements to give additional training and coaching to the recruits so that they might come up to the standard of other recruits appointed along with them. In this connection para 4 and 5 of Chapter 4 of the Brochure may be referred. Member Secretary was advised to make use of the above provision of the rules to make good the shortfalls of STs to the extent possible. It is for information of all the Service Commissions that even the UPSC is recommending SC/ST candidates for Group ‘A’ services who have obtained lower merit position with the proviso of additional training.

5.     Member Secretary pointed out that he has come on transfer from Ferozepur to RSC/ Chandigarh. He has been paid transfer allowance of Rs.300 only because he joined Railway Service before 01.05.1976. However, as per extant instructions, the officers who joined after 01.05.1976, are eligible for transfer allowance of Rs.400, The officer who joined service before 01.05.1976 is eligible for Rs.300. This discrimination is not understandable. In this connection Board’s letter No.PC-III/73/TA/1, dated 29.04.1976 and 11.08.1980 was shown to me.

ADPC may look into it.

Illustration No.1:

Suppose a panel of 50 candidates is to be formed. The number of reserved vacancies in favour of SC & ST are 10 and 5 respectively. 35 vacancies are unreserved. On the combined list, say, the first 100 candidates are as under:

1 to 2 – UR	3 to 4 – SC	5 to 10 – UR	11 – ST	12 – SC	13 to 14 – UR
15 – SC	16 – UR	17 – ST	18 – SC	19 to 25 – UR	26 to 27 – SC
28 – UR	29 to 30 – SC	31 – UR	32 – SC	33 – UR	34 – SC
35 to 48 – UR	49 – SC	50 to 51 – UR	52 – ST	53 to 60 – UR	61 – ST
62 to 63 – UR	64 – ST	65 to 100 – UR

The first 50 candidates on the above merit list are having 12 candidates at merit position Nos.3, 4, 12, 15, 18, 26, 27, 24, 30, 32, 34 and 49 belonging to SC and 2 candidates at merit position Nos.11 & 17 belonging to ST. So far as reservation in favour of SCs is concerned, the panel of first 50 candidates will be alright. However, in case of STs, they are short by 3. Evidently, the three junior ST candidates at merit position Nos.52, 61 and 64 have to be included in the panel by squeezing out the candidates at merit position Nos.50, 49 and 48. So, the final panel to be published should be of candidates appearing in the above merit list from S. Nos.1 to 47, 52, 61 and 64. The final panel will have 11 SC, 5 ST, 34 UR candidates.

Illustration No.2:

Suppose, a panel of 20 candidates is to be formed. The number of reserved vacancies for SC and ST are 4 and 3 respectively. On the combined merit list, say, of the first 50 candidates are as under:

1 – SC	2 – ST	3 to 5 – UR	6 – SC	7 – ST	8 to 9 – UR
10 – SC	11 to 30 – UR	31 – ST	32 to 40 – UR	41 – ST	42 to 49 – UR
50 – SC

The first 20 candidates on the above merit list are having 3 SCs and 2 STs at merit position Nos.1, 6 & 10 and 2 & 7 respectively. To make good the shortfall of 1-SC and 1-ST, the ST candidate at merit position No.31 and SC candidate at No. 50 have to be included in the panel by squeezing out UR candidates at merit position Nos.20 and 19. So, the panel finally to be published should be of the candidates appearing on the merit list from 1 to 18, 31 and 50. The final panel will have 4 SC, 3 ST and 13 UR candidates.