Reserve Category Representation in Govt Services

Reserve Category Representation in Govt Services

Ministry of Personnel, Public Grievances & Pensions

Reserve Category Representation

Article 16(4) of the Constitution enables provision of reservation to backward class of citizens, who are not adequately represented in the services under the State.

As per extant instructions, reservation is provided to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the rate of 15%, 7.5% and 27% respectively in case of direct recruitment on all India basis by open competition. In case of direct recruitment on all India basis otherwise than by open competition, the percentage fixed is 16.66% for Scheduled Castes, 7.5% for Scheduled Tribes and 25.84% for Other Backward Classes.

In case of direct recruitment to Group C posts normally attracting candidates from a locality or a region, the percentage of reservation is generally fixed on the basis of proportion of their population in the respective States/Union Territories.

The services under the State come under the List II of the Seventh Schedule i.e. State List of the Constitution. The information on the state-wise provisions for reservation is not centrally maintained.

As per the 9 Judge Bench Constitutional judgment of the Supreme Court in Indira Sawhney case, total reservation cannot exceed the limit of 50%. In the same judgment, the Supreme Court has also observed that clause (4) of Article 16 of Constitution speaks of adequate representation and not proportionate representation.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply to question in the Lok Sabha today.