Lok Sabha Question No. 5344 (UNSTARRED), answered on 2018-03-28
Subject: SOs and Stenographers Exam
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: UDIT RAJ

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 5344

(TO BE ANSWERED ON 28.03.2018)

## SOs AND STENOGRAPHERS EXAM

## 5344. DR. UDIT RAJ:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Government is aware that Constitution Bench of Hon'ble Supreme Court, in  one  of  its  judgements  has  declared  DOPT's  O.M.  dated  22.7.1997  as  illegal  and directed the Government to modify the results of Section Officers (SOs)/Stenographers Grade 'B' limited Departmental Competitive Exams-1996 with all  consequential  benefits  by  providing  relaxation  in  qualifying  marks/evaluation  of standards;
- (b) if so, the details thereof and the action taken by the Government in this regard; and
- (c) if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

- (a):   Yes.
- (b):   i. In pursuance to the judgment of the Hon'ble Supreme Court in the case of S. Vinod Kumar vs. UOI read with the judgment pronounced in  Indira  Sawhney  vs.  UOI case,  the  Estt.  (Res.),  DOPT,  vide  its  O.M.  No.  36012/23/96-Estt.(Res.)  dated 22.07.1997 withdrew the instructions contained in their OMs dated 23.12.1970 and 21.01.1977,  in  so  far  as  these  provided  for  lower  qualifying  marks  for  SC/ST candidates  in  departmental  qualifying/competitive  examinations  for  promotion. Subsequently,  in  pursuance  to  the  Constitution  (82nd  Amendment)  Act,  2000, these  provisions  were  restored.    However,  the  rules  notified  for  conduct  of SOs/Stenos  LDCEs  for  the  years  1996  to  1999  had  no  provision  for  lower qualifying marks/lesser level of evaluation for candidates belonging to SC/ST. As a result no SC/ST candidate qualified the SO LDCE for the years 1996 to 1999.
- ii. Aggrieved by this,  some SC/ST candidates who appeared in LDCE 1996 under Category I (Section Officers of CSS) were engaged in litigation since 1998 and the matter went up to the Apex court.
- iii. Hon'ble  Supreme  Court  vide  its  judgment  dated  15.07.2014  in  Civil  Appeals No.6046-6047 of 2004 ordered as under:
- '11.   Consequently, civil appeals are allowed.  The impugned order is set aside.  1997 O.M. is declared illegal. The respondents are directed to modify the results in the Section Officer/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996 by providing for reservation and  extend  all  consequential  reliefs  to  the  appellants,  if  not  granted  so far…..'
- iv. In compliance with the above judgment, UPSC modified the results of SOs/Stenos (Gr.B/Gr.I) LDCE, 1996 and as per the modified results,   Appellants, who were declared  successful  were  included  in  Section  Officer  Select  List-1996  against Examination Quota under  Category-I (Section Officers' Grade). Later, the benefit was extended to similarly placed SC/ST officers who were declared qualified in the modified results  of SOs/Stenos (Gr.B/Gr.I) LDCE, 1996.
- v. As regards, consequential benefits, orders for re-fixation of pay of these officers in SO grade upon their inclusion in SO SL 1996, have already been issued by this Department. After  their inclusion in 1996 Section Officer Select List, they were provisionally  interpolated  in  the  appropriate  USSLs  (Under  Secretary  grade  of CSS), in order of their seniority with reference to the position of their immediate junior officer.  Subsequently, the pay fixation benefit in Under Secretary grade has also been granted.
- (c):   Question does not arise

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