Want to know about dopt order
sachin
(Querist) 22 November 2016
This query is : Resolved
No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training
North Block, New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.
3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
sd/-
(G. Srinivasan)
Deputy Secretary
No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10 thAugust, 2010
OFFICE MEMORANDUM
Subject: Reservation in promotion — Treatment of SC/ST candidates
promoted on their own merit.
The undersigned is directed to refer to this Department's
O.M.No.36028/17/2001-Estt. (Res.) dated 11 thJuly, 2002 which clarified
that SC/ ST candidates appointed by promotion on their own merit and not
owing to reservation or relaxation of qualifications will be adjusted against
un-reserved points of the reservation roster and not against reserved points.
It was subsequently clarified by this Department's O.M. No.36028/17/2001-
Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from
11.7.2002 and that concept of own merit did not apply to the promotions
made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005
[S. Kalugasalamoorthy v/s. Union of India & Others] has set aside the O.M.
No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person
is selected on the basis of his own seniority, the scope of considering and
counting him against quota reserved for SCs does not arise. The High
Court of judicature at Madras in the matter of UOI v/s.
S. Kalugasalamoorthy [ WP No.15926/2007 ] has upheld the decision of the
Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred
judgments and it has been decided to withdraw O.M. No. 36028/17/2001-
Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST
candidates appointed by promotion on their own merit and seniority and not
owing to reservation or relaxation of qualifications will be adjusted against
unreserved points of reservation roster, irrespective of the fact whether the
promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based
reservation was introduced,
4. These instructions may be brought to the notice of all concerned.
(K.G. Verma )
Director
I WANT TO KNOW WHAT DOES THIS ORDER SAYS AS I AM NOT ABLE UNDERSTAND THIS LEGAL ORDER I SHALL BE GREATFUL IF YOU ALL EXPERTS GIVES THE ANSWER IN EASY TO UNDERSTAND LANGUAGE WHAT THIS ORDER HOLDS
THANKS
R.K Nanda
(Expert) 24 November 2016
consult local lawyer.
Rajendra K Goyal
(Expert) 26 November 2016
Consult and discuss in detail with local lawyer.
M V Gupta
(Expert) 30 November 2016
GOM dt 10-08-2010 clarifies that the SC/St candidates promoted on their own merit will be regarded as promoted against the general category (i.e,non reserved ) vacancies. However in the GOM dt30-09-2016 it is stated that the above circular dt. 10-08-2010 will not be implemented until disposal of the SLPs in the SC in view of the undertaking given by the Solicitor General. In other words, pending disposal of the SLPs, any promotions of SC / St candidates made on their own merit will be regarded as made against the reserved vacancies and not against the General vacancies.
Guest
(Expert) 30 November 2016
What exactly do you want to know about the two DOPT Orders with particular reference to your own case?
sachin
(Querist) 30 November 2016
I want to know that whether sc/st candidates claim general seats in promotion if he score marks in exam equivalent to general candidate or sc/st candidate can't claim general seats as their is no reservation in promotion and he will claim only sc/st seats that's is reserve for the category. Kindly.tell me
Guest
(Expert) 30 November 2016
This is just like a temporary withholding of the order, dated 10.08.2010 till such time the main matter along with the Contempt Petition is decided by the competent court.
The implementation of the order, dated 10.08.2010 in past promotions and also for the future to come would depend solely on the judgment of the competent court.
Till such time, if in consideration as a reserved candidate, you can expect promotion only against the reserved vacancies.
sachin
(Querist) 30 November 2016
thanks you very much sir,as in my dept exam of promotion was held in this sc vacancies are 60 st =48 & gen vacancies= 198, in this 102 sc candidates qualify. & 165 gen candidate also qualify, as gen candidate if consider above judgement it means 102 sc candidate only claim of their own seats i.e 60 & can not claim 198 gen seats.
as our case is under court consideration.
so as per your answer my dept consider
only 10.8.2010 order as 30/9/2016 petion final judgement has not come yet. before your answer i was thinking that all vacancies are general vacancies(60+198+48) as there is no reservation.
Guest
(Expert) 30 November 2016
Dear Sachin,
Even in your present clarification, you have not given the bare necerssary information, i.e., whether the exam is qualifying or competitive and the exam is for promotion from which group of employees to which group out of A, B, C, or D.
sachin
(Querist) 30 November 2016
Sir the promotion is from Group C to Group B , And exam is competitive promotional exam.in which qualifying marks require for gen candidate is 56 & for reserved category candidate 46. does this matter.as out 306 vacancies( gen 198, sc 48 , st 60 vacancies)267 candidates qualifies including 102 sc candidates. their is no st candidate so ST seats are vacant. my question is by this DOPT order 102 sc candidate who qualifies the along with Gen candidate will claim general vacancies (i.e. 198) or their own vacancies (i.e 48)
This is promotional competitive exam from Group C (Non Executive) to Group B
(Executive). thats by i am bit concern whats this DOPT order holds it favors the general candidate or reserve candidate
Guest
(Expert) 30 November 2016
In view of your reply, "This is promotional competitive exam from Group C (Non Executive) to Group B (Executive)," in the case of competitive exam, qualifying marks in exam have no relevance, as only the No. of candidates topping the list equal to the No. of vacancies is taken as qualified for promotion for the the posts.
So, you may better recheck your recruitment rules from Group C to Group B posts.
M V Gupta
(Expert) 01 December 2016
The DOP circular dt.2016 is beneficial to general candidates as the SC and ST candidates promotion will be made against the reserved vacancies only; not against the general vacancies.
Rajendra K Goyal
(Expert) 01 December 2016
You should recheck all your recruitment rues deeply as advised by the expert.
sachin
(Querist) 01 December 2016
nothing is mentioned against reservation in RR, notification of JTO(T) (Group B post)was publish on dated 04/03/2016 in which seats of SC & ST & general were notified. exam took place in month of May 2016, then result publish now the main problem arise , total 267 candidate qualifies (102 sc candidates & 165 gen candidates) their is no ST candidates.now my curiosity is only to know
1. whether reserve candidates will claim reserve setas only or not.
2. A merit list will be prepared. 198 candidates includes in the list along with with SC candidates & rest of the SC candidates will claim their reserved seats, remaining general catefory candidates could not make in the merit as their is no seats left.
3. By this order of 30/6/2016 instead of 102 SC candidates qualifies the exam only 48 candidates make in the merit according to the exam marks & 165 UR candidates claim seats out of 198 & 33 UR seats will be left for next vacancy year exam,
But as expert told 30/9/2016 order is just temporary holding of previous order 10/8/2010 my colleague told me, hearing on this matter took place on 22/11/2016 what we don't know what will happen in that.
this current DOPT order will be applicable on the exam which was held before that but whose result not endorsed till date & our case for the same is running in CAT bench, this current order as told by MV sir help us. According to him unreserved seats couldn't be claim by reserve category candidate.
This order is partial or final
Guest
(Expert) 02 December 2016
Yes, there is a temporary ban on implementation of the order, dated 10.08.2010. You will have to wait for the final decision of the court on that issue.
Rajendra K Goyal
(Expert) 02 December 2016
Yes, agree for the final decision of the court.
