Lok Sabha Question No. 3613 (UNSTARRED), answered on 2018-08-08
Subject: Reservation in Jobs
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: GANESH SINGH

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

## LOK SABHA UNSTARRED QUESTION NO. 3613

(TO BE ANSWERED ON 08.08.2018)

## RESERVATION IN JOBS

## 3613. SHRI GANESH SINGH:

Will the PRIME MINISTER be pleased to state:

- (a) whether  49.5%  reservation  has  been  provided  for  the  reserved  categories  in  the  Government posts;
- (b) if so, the percentage of reservation provided by the Government when a particular designation in a Department has a total number of posts viz. four and six, for direct recruitment;
- (c) the percentage of posts left for the Unreserved Category/General Category in such allocation; and
- (d) the details of provision of the Constitution for lesser percentage of reservation for the reserved categories and consequent disproportionate reverse reservation for the General Category?

## 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):          Reservation  for  Scheduled  Castes  (SCs),  Scheduled  Tribes  (STs)  and  Other  Backward  Classes (OBCs)  in  case  of  direct  recruitment  on  all  India  basis  by  open  competition  is  15%,  7.5%  and  27% respectively which comes to 49.5%.   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, which comes to around 50%.

(b) & (c):    The Constitutional Bench of the Supreme Court, in the case of R. K. Sabharwal vs. State of Punjab as well as J. C. Mallick Vs. Ministry of Railways has held that the reservation of jobs for the backward classes SC/ST/OBC should apply to posts and not to vacancies.  Accordingly, instructions were issued by Department of Personnel & Training vide OM No. 36012/2/96-Estt.(Res.) dated 02.07.1997. These instructions provide that for cadres of 2 to 13 posts, L shaped roster will be adopted and in respect of  cadres  having  more  than  13  posts,  200  point  roster  shall  be  adopted.      However,  the  percentage  of reservation remains same.

As  per  these  instructions,  the  method  for  making  a  roster  is  to  multiply  each  post  by  the prescribed  percentage  of  reservation  for  the  different  reserved  categories  and  the  point  at  which  the multiple  for  a  community  gets  a  complete  number  or  oversteps  the  number  will  be  reserved  for  that community, while taking care to evenly space out the different reserved categories and that the percentage of reservation does not exceed 50%. Instructions of 02/07/1997 also provide that persons belonging to the reserved categories, who are appointed on the basis of merit and not on account of reservation, are not to be counted towards the quota meant for reservation.

(d):  Article 16(4) of the Constitution enables provision of reservation to backward class of citizens, who are not  adequately  represented  in  the  State. As per the 9 judge Bench Constitutional judgment of the Hon'ble Supreme Court in Indra Sawhney case, total reservation cannot exceed the limit of 50%. In the same  judgment,  the  Hon'ble  Supreme  Court  has  also  observed  that  clause  (4)  of  Article  16  of Constitution speaks of adequate representation and not proportionate representation.

The unreserved direct recruitment vacancies are open to all, including those reserved category candidates, who are selected on their own merit.

*****