DPC
sanjay sanjay
(Querist) 26 December 2010
This query is : Resolved
Please inform whether a Departemntal promotion committee can consider the SC/ST candidates against the unreserved vacancy. In a recently held DPC for the Group A post, DPC filled up 9 vacancy by the SC/ST candidates against the vacancies of unreserved candidates. There were 12 vacancies of SC and 7 for ST . DPC recommended for the promotion of 9 sc/st candidates against the unreserved vacancies. As a result last 9 general candidates of the senority list could not be promoted. Is it the correct procedure? Is it not correct that as per the rota quota system, SC/st candiates cannot take the slot of general and vice versa. Pl guide
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Sanjay,
It depends upon
(i) the total number of posts in the cadre
(ii) whether there is any SC/ST quota backlog vacancies
(iii) the eligibility criteria fulfilled by the SC/ST candidates.
(iv) whether the SC/ST candidates come within the consideration zone vis.a.vis the number of vacancies and their relative seniority
(v) the year to which the vacancies relate
(vi) whether filling up by SC/ST candidates would exceed 50% of the total vacancy etc. etc.
If you can give your cadre strength; current working strength indicating how many OCs, SCs, STs; gradation list; and the number of vacancies sought to be filled during the relevant year - then I will be able to give you the correct position.
Kirti Kar Tripathi
(Expert) 26 December 2010
yes, they can be considered against the general category posts, there is no bar. The reservation is for SC/ST category only. There is no reservation in general category, in case a ST/ST candidate is eligible for promotion in the merit of general category, he can not be denied promotion. Reservation of SC/ST is for their benefit not to deprive them.
Ahmed Daud Girach
(Expert) 27 December 2010
Yes,S/C ,S/T candidates can be considered againt UR vacancies to fill in shortfall of S/C and S/T vacancies.However OBC candidates reservation is considered at recruitment stage only they have no reservation for promotion.
Gulshan Tanwar
(Expert) 28 December 2010
Go for Mandal Commission and Ashok judgments.
Things will be cleared very well.
sanjay sanjay
(Querist) 28 December 2010
I try to clarify more facts;
The DPC for the promotion to the post of (Gp A Post from the post of Inspector took place. There were overall 103 vacancies- 84 for the general and 19 for SC/ST. There were 9 SC/st candidates who were above me in the senority list and there turn for the promotion came as usual along with the general candidates. In the final list of promotion, the 9 candidates were taken against the unreserved vacancies whereas 10 sc/st candiadates were taken against the reserved vacancies. These 10 candidates were well below the senority list from me. Thus all the 19 sc/st candidates were promoted-9 agaist the unreserved vacancies and 10 against the sc/st vacancies. Since only 10 posts reserved for SC/St were filled up out of the total 19 sc/st posts (9 SC/ST were adjusted against the unreserved vacancies)the remaining 9 posts of SC/ST were not filled up because no suitable SC/ST candidates fulfilling the minimum eligible service was found. Though there were many elilgible general candidates available, these vacancies were left unfilled as these were reserved only for the SC/ST. Pl guide me is it correct procedure? By filling up the vacancies in the aforesaid manner are they not giving double benefits to the reserved candidates? BY doing this they give the benefit of 9 unreserved vacancies to the SC/St candidates which resulted in the loss of 9 general candidates who could not be promoted due to this though they have the minimum required service. This [process was followed in a non-selection post. As per my knowledge there was no backlog of SC/St post. Whether there is any legal remedy avaiblable?
R.Ramachandran
(Expert) 28 December 2010
If the number of vacancies indicated by you, the 9 SC candidates being senior to you are true, then the entire selection is absolutely in accordance with the rules on the subject. There is no double benefit to anybody. THERE IS ABSOLUTELY NO LEGAL REMEDY SINCE THERE WAS NO ILLEGALITY COMMITTED IN THE DPC.
If the 9 SC candidates where your juniors, then you would have got the general seat and they would have been accommodated under the 9 SC reserved seat. Whereas in the instant case, all the 9 SC candidates were senior to you, therefore they come on their own seniority cum merit and they would not be counted against SC/ST vacancies.
