Upgrad LLM

seniority


as per DOP rules rajasthan seniority of persons appointed to the post encadred in the service shall be determined from the date of appointement of the post after regular selection in accordance with the provisions of these rules. provided that seniority of inter-se persons appointed to a particular category by direct recruitment on the basis of one and the same selection, except those who do not join service when a post is offered to them shall follow in order of merit in which they have been placed in the list prepared under rule 27. further, as per rule 27 the commission / appointing authority shall prepare a list of the candidates whom they considered suitable for appointment to the posts concerned, arranged in the order of merit. provided that the commission/ appointing authority may. to the extent of 50% of the advertised vacancy keep the name of suitable candidates on the reserve list which shall be valid upto 6 months from the date of recommendation of the original list. now my question is that how the seniority be assigned to a person appointed from main selection list secured marks less than the person appointed from waiting list. whehter the term selection has been defined in any case law. main selection list and waiting list are two different selection or the same
 
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Lawyer in Hyderabad.wats app no.9989324294

Please get clarifications from the Secretary of D.O.P.

Department of Personnel acts as a guide to various departments in matters such as service rules and conduct rules.  Framing of Rules, amendments in keeping with the changing times to bring about efficient administration.  DOP is also responsible for supervision, monitoring and review of work related to enforcing accountability including cases of corruption and mis-conduct of All India Services Officers.  Apart

 
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List of the same selection as main list and waiting list are drawn by same exam /interview/selection process. So seniority will be as order of merit
 
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If any documents you want on this regard , please contact me .
 
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Clarification on Examination, Merit List, Selection, Recommendation and Seniority of selected candidates through Govt. recruiting agencies/UPSC : (1) What is the overall process of recruitment by recruiting agencies/UPSC ? (i) Examination (Interview / written test & Interview) (ii) Merit List (iii) Selection (iv) Recommendation. (2) What is Examination ? Commission conducts Examination through written test and interview or sometime interview only. (3) What is Merit list? After personality test, candidates will be arranged in the order of merit as determined by the aggregate marks finally awarded to each candidate. This is termed as "Merit list". ( Ref. UPSC Circular No.8/32/2011-R(C&P) dated 3.11.2011 , Civil Services Examination Rules, Engineering Services Examination Rules) (4) What is selection? Commission conducts selection of candidates by placing them in Main list and Reserve list/Waiting list . (i) After merit list was prepared, commission recommends the candidates with respect to numbers of unreserved vacancies(UR) purely on Merit basis i.e in order of aggregate marks. For filling up the above said unreserved vacancies(UR), commission recommends all categories candidates , General , SC, ST, OBC purely on Merit/marks basis, without any relaxation. (ii)After that, commission recommends the reserve categories belongs to SC ,ST and OBC candidates against numbers of reserve vacancies by relaxing general qualifying standard. Please note, the reserve categories candidates, belongs to SC,ST, OBC, who have not avail any relaxation, have scored general qualifying marks will not be recommended against vacancies advertised for reservation of SC, ST, OBC. (iii) Further, commission maintains a reserve list/waiting list of candidates which will include candidates from general and reserved categories ranking in order of merit below the each category's last recommended candidate (5) What is recommendation? Commission recommends the candidates against the number of vacancies category wise ( through main list) and then from reserve list/waiting list against the non joining candidates of the respective categories. (6) Is Selection and recommendation have same meaning? Ans : No. Because all the candidates selected in selection process will not be recommended . As example, few candidates of Reserve panel may not be recommended when no more vacancies ,due to non joining of candidates, be created latter on. (7) All the selected candidates were recommended or not? Ans : No. Few candidates selected and were placed reserve list may not be recommended if no more vacancies due to nonjoining of main list latter created. Sometimes, court order against a candidate/category and also antecedent issue , selected candidate/candidates may not be recommended. (8) Is Main list earlier selection and Reserve list is latter selection? Ans : No. Reserve list/Waiting list got already selected with Main list. But reserve list was not published out to public at that time. It is operated on receipt of formal request from Department/Ministry. Hence, all the candidates of main list and reserve list are from same selection. (9) How seniority are fixed of all the recommended candidates? Seniority will be determined in order of merit in a selection i.e in order of aggregate marks finally awarded to the candidates. (10) Can Waiting list candidates have better seniority than main list? The inter se seniority of the candidates of main list and reserve list/waiting list will be determined based on the aggregate marks of the candidates revealed by UPSC. For example, General category candidates having higher marks than main list reserve categories belongs to SC ST OBC, will be placed higher in seniority as per their merit positions. Hence, seniority list of all the candidates including reserve list/ waiting list will be prepared in order of marks. (11) Is seniority of a candidate dependent on order of recommendation by commission? Ans. No. Recommendation of candidates in a selection dependent on various factors, like vacancies of a category, antecedent issue, even some time court cases against a candidate, court case on a category ( UR SC ST OBC) . Only Merit/ Marks are yardstick of seniority of the candidates in a particular selection. (12) Will the vacancies filled up by the reserve list/ waiting list be treated as fresh vacancies?? Ans: No Vacancies, caused by non - joining of the candidates, which were filled up by reserve list should not be treated as fresh vacancies. (Ref . DoPT OM No. 41019/18/97-Estt.(B) dated 13th June 2000).

 
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Clarification on Examination, Merit List, Selection, Recommendation and Seniority of selected candidates through Govt. recruiting agencies/UPSC :

(1) What is the overall process of recruitment by recruiting agencies/UPSC ?

(i) Examination (Interview / written test & Interview)
(ii) Merit List
(iii) Selection
(iv) Recommendation.

(2) What is Examination ?

Commission conducts Examination  through written test and interview or sometime interview only.

(3) What is Merit list?

After personality test, candidates will be arranged in the order of merit as determined by the aggregate marks finally awarded to each candidate.  This is termed as "Merit list".

( Ref. UPSC Circular No.8/32/2011-R(C&P) dated 3.11.2011 , Civil Services Examination Rules, Engineering Services Examination Rules)

(4) What is selection?

Commission conducts selection of candidates by placing them in Main list and Reserve list/Waiting list .

(i) After merit list was prepared, commission  recommends the candidates with respect to numbers of  unreserved vacancies(UR) purely on Merit basis i.e in order of aggregate marks.
For filling up the above said  unreserved vacancies(UR),  commission recommends all categories candidates , General , SC, ST, OBC  purely on Merit/marks basis, without any relaxation.

(ii)After that,  commission recommends the  reserve categories belongs to  SC ,ST and OBC candidates  against numbers of  reserve vacancies by relaxing general qualifying standard.

Please note, the reserve categories candidates, belongs to SC,ST, OBC,  who have not avail any relaxation,  have scored general qualifying marks will not be recommended against vacancies advertised for reservation of SC, ST, OBC.

(iii) Further, commission  maintains a reserve list/waiting list of candidates which will include candidates from general and reserved categories ranking in order of merit below the each category's  last recommended candidate

(5) What is recommendation? 

Commission recommends the candidates against the number of vacancies category wise ( through main list) and then from reserve list/waiting list against the non joining candidates of the respective categories.

(6) Is Selection and recommendation have  same meaning?

Ans : No.

Because all the candidates selected in selection process will not be recommended . As example,  few candidates of Reserve panel may not be recommended when no more vacancies ,due to non joining of candidates, be created latter on.

(7) All the selected  candidates were recommended or not?

Ans :  No.

Few candidates  selected and were placed reserve list may not be recommended if no more vacancies due to nonjoining of main list latter created. Sometimes,  court order against a candidate/category and also antecedent issue , selected candidate/candidates may not be recommended.

(8) Is Main list earlier selection and Reserve list is latter selection?

Ans : No.

Reserve list/Waiting list got already  selected with Main list. But reserve list was not published out to public at that time. It is operated on receipt of formal request from Department/Ministry. Hence, all the candidates of main list and reserve list are from same selection.

(9) How seniority are fixed of all the recommended candidates?

Seniority will be determined in order of merit in a selection i.e  in order of aggregate marks finally awarded to the candidates.

(10) Can Waiting list candidates have better seniority than main list?

The inter se seniority of the  candidates of main list and reserve list/waiting list will be determined based on the aggregate marks of the candidates revealed by UPSC. For example,  General category candidates having higher marks than main list reserve categories belongs to SC ST OBC, will be placed higher in seniority  as per their merit positions. Hence, seniority list of all the candidates including reserve list/ waiting list will be prepared in order of marks.

(11) Is seniority of a candidate dependent on order of recommendation by commission?

Ans. No.

Recommendation of candidates in a selection dependent on various factors, like vacancies of a category, antecedent issue, even some time court cases against a candidate, court case on a  category ( UR SC ST OBC) . Only Merit/ Marks are yardstick of seniority of the candidates in a particular selection.

(12) Will the vacancies filled up by the reserve  list/ waiting list  be treated as fresh vacancies??

Ans: No

Vacancies, caused by non - joining of the candidates, which were  filled up by reserve list should not be treated as fresh vacancies.
(Ref . DoPT OM No. 41019/18/97-Estt.(B) dated 13th June 2000).



 

 
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