Seniority of reserve panel candidates in upsc

Have you made any representation/appeal?

Seniority is not based on marks obtained in the recruitment examination, but on the order of merit in the select list prepared by the recruiting agency (UPSC/SSC/other).
Candidates recommended in the main list are placed en bloc above those from the reserve list (also called "waiting list"), irrespective of higher marks of reserve list candidates.
DoPT OM No. 20011/1/2012-Estt.(D) dated 27.03.2012:
It clearly states that candidates from the reserve/wait list who are later recommended are to be placed en bloc below the last candidate from the main list in the order of merit of the reserve list.
DoPT’s Consolidated Instructions on Seniority (OM dated 03.07.1986, 04.03.2014, and subsequent clarifications):
Seniority is determined by the order of recommendation of the recruiting body, not by marks alone.

Very well analysed, explained and advised by learned senior experts, I endorse it.

Can you clarify, as stated in  the post, you are already in central government service since 2018 and again put in the wait list, were you eligible for fresh appointment even after 7 years ? 

Sir, actually main list candidates were joined in October 2017 and later I was recommended due to non joining of one candidate and I joined in 2018. I obtained higher marks in comparison to other reserved category candidates but I have been placed below the main list in seniority. The DoPT O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010 states that the inter-se seniority of reserve panel candidates is to be determined strictly according to the consolidated merit published by the UPSC/SSC.

"2.1. SENIORITY OF DIRECT RECRUITS

 The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.S.C. or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of subsequent selection. The relative seniority that used to be determined earlier according to the date of confirmation and not the original order of merit, (in case where confirmation was in an order different from the order of merit indicated at the time of their appointment), in accordance with the general principles of seniority, has been discontinued w.e.f. 4.11.1992 (O.M. No. 20011/5/90-Estt (D) Dated 4.11.1992).

The general principles of seniority therefore stands modified to that extent.

2.1.1 Clarification : Appointment from the Reserve panel at a later date:

 The interse seniority of candidates nominated from reserve panel will be fixed as per consolidated merit given by UPSC/SSC/Recruiting agency. However instructions circulated vide this Department’s O.M. No. 41019/18/97-Estt.(B) Dated 13th June 2000 should be strictly followed in operating or requesting for nominations from the reserve panel."

How it can be interpreted for the seniority between main list candidates and reserve panel candidates joined through same advertisement?

Kalaiselvan Sir, the DoPT OM No. 20011/1/2012-Estt.(D) is dated 04.03.2014 which is related to the inter se seniority of the direct recruits and promotees in a department. 

I have gone through several court/CAT judgements where the seniority has been decided on the basis of marks obtained in the respective exams for the same advertisement irrespective of main list and candidates from reserve panel. 

1. Judgment of Pratibha A. Mishra vs M/O Labour on 8 March, 2023
2. Judgment of Ramireddy Gangireddy vs D/O Personnel & Training on 22 November, 2022.
3. Pallavi Gupta Vs DGCA, UPSC; 24th March 2022Kindly refer the Dopt Orders; 1. DoPT O.M. No. 41019/18/97-Estt(B) dated 13.06.2000 (operation of reserve panel/appointment from reserve lists).  2. DoPT O.M. No. 20011/1/2008‑Estt.(D) dated 11.11.2010 (inter‑se seniority of reserve panel nominees to be as per consolidated merit of UPSC/SSC/Recruiting Agency).I have attached here the judgement of Pallavi Gupta Case. This is for your kind perusal.

I have submitted a representation to the department one month ago but no reply has been received yet from the department. Kindly guide me further course of action. 

Have you submitted the representation in writing to the competent authorioty through proper channel.

If not then you may submit it in writing through proper channel, if it was done  following the proper procedures then you may wait for their response, but remember that the competent authority will act on the recommendations made by the department head in this case, hence you may be mentally prepared either to accept the decision or to knock the doors of appropriate  legal forum

You should move an OA before jurisdictional CAT through a local prudent lawyer practicing service matters.

Okay sir, I am waiting for the reply from the department. After stipulated time, I will move to the court. 

Originally posted by : Hamletinjury
	In UPSC and central government postings, seniority is generally determined by the category and rank at the time of appointment, not just marks, especially for reserved quota candidates. Marks alone usually do not override reservation-based placement. You can, however, request clarification or a review from your HR/Department under the relevant service rules, but statutory precedence favors category-based seniority.

reservation does not itselfbestow any right of seniorty. Man in reserve apnel in general quota ifhavingmore marks thanalready apponted reserve quot will be sernior.