Reservation Policy in Services under the State: A

Critical Analysis
Project Submitted to:Dr. Kaumudhi Challa
(Assistant Professor)

Project Submitted by:Kanwaljeet Singh Saini

Honours-I
Constitution (Compensatory Discrimination)
Semester-IX
Section-C
Roll No - 61

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, C.G.

Contents
Chapter-I................................................................................................................ 2
Introduction:....................................................................................................... 2
Research methodology....................................................................................... 2
Objectives of Study......................................................................................... 2
Chapter-II............................................................................................................... 5
Reservation in services for SC & ST:...................................................................5
Constitutional Provisions:................................................................................5
Right to equality- Article 14................................................................................ 5
Safeguards for public employment (Art-16)........................................................6
Reservation in Promotion.................................................................................. 10
Percentage of reservation:........................................................................................ 11
CHAPTER -III......................................................................................................... 12
SCOPE OF RESERVATION................................................................................... 12
Quantum of Reservation in Promotion..............................................................15
Reservation in PSUs, Autonomous Bodies etc...............................................19
Reservation in Voluntary Agencies................................................................19
Controversy...................................................................................................... 31
Status as a domicile......................................................................................... 31
Reservation in promotion in Uttar Pradesh.......................................................32
Conclusion........................................................................................................... 33
REFERNCES.......................................................................................................... 35

Chapter-I
Introduction:
In this Unit we shall discuss the provisions available in the Constitution of India, based on
which orders relating to reservations in services for Scheduled Castes (SCs), Scheduled
Tribes (STs) and other Backward Classes (OBCs) have been issued by Department of
Personnel & Training and Ministries of Social Justice of Government of India. The provisions
made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution relate to reservation,
protection and safeguards, in public employment in respect of the persons belonging to the
SCs/STs and other backward classes.

Research methodology
Research question:
However the job reservation policy has three important flaws. First, it has a "discriminatory
bias against Muslims who do not benefit from such policies". Second, it emphasises caste or
tribe rather than income or wealth.
The goal of reservation in India has been to bring about an improvement in the welfare who,
historically, has been economically and socially depressed. But, in arriving at this judgement
about who should be eligible for reservation, the criterion has been a persons caste rather
than his income or wealth. Consequently, groups belonging to what Article 115 of the Indian
Constitution calls socially and educationally backward classes have benefited from
reservation even though, in practice, many of these groups could not be regarded as
backward. This has meant that many of the benefits of reservation have been captured by
well-off groups from the depressed classes (for example, chamars from the SC) while poorer
groups from the depressed (for example, bhangis from the SC) have failed to benefit.

Objectives of Study

To study the implementation of reservation policy in services.

3

To find out the actual need of the reservation policy in services.

Review of Literature

Books
1. Jain, M. P., Indian Constitutional Law, 6th Edition, Lexis Nexis, Buttorworths
Wadhwa Nagpur, (2010).
2. This book provides a detailed insight on the provisions of Article 15 and Article 16
along with a plethora of precedents in the form of judicial pronouncement which
assisted to draft the law as we have it today.
3. Basu, Durga Das, Introduction to the Constitution of India,20th Edition, Lexis
Nexis, Buttorworths Wadhwa Nagpur, Reprint 2010.
This book provides a comprehensive assessment of the impact of caste-based reservation on
human development in India, taking into consideration the time series data.
4. Datar, Arvind P, Commentary on the Constitution of India, volume 1, 2nd
edition, Wadhwa Nagpur , (2007).
The book also analyses the impact of caste-based reservations on the target groups, as well as
on major human development indices. An alternative strategy of applying the democratic
principle of caste-based reservation is also discussed.
Concept:Reservation in India is the process of setting aside a certain percentage of seats
(vacancies) in government institutions for members of backward and under-represented
communities (defined primarily by caste and tribe). Reservation is a form of quota-based
affirmative action. Reservation is governed by constitutional laws, statutory laws, and
local rules and regulations. Scheduled Castes (SC), Scheduled Tribes (ST) and Other
Backward Classes (OBC) ( and in some states Backward Classes among Muslims under a
category called BC(M) )are the primary beneficiaries of the reservation policies under the
Constitution with the object of ensuring a level playing field.

Research Design
This study is a doctrinal research work, done for the sole purpose of elaborating on the
judgment of the judicial court and its shortcomings and the effect of those shortcomings years
after the apex courts ruling.
Nature of Study
This research project is Doctrinal in nature since it is largely based on secondary & electronic
sources of data and also since there is no field work involved while producing this research
and it largely involves study of various theories and comparison from different books, journal
and other online sources it is not empirical in nature.
Sources of Data

Data that were used for the completion of this research project are all secondary sources of
data ranging from books, journal, articles and other online sources and as far as case laws are
concerned these cannot be said to be primary sources since they are not first-hand
information or judgment reports but a modified form found in books or journals.
Contribution of the study to the Society

The contribution of this study to the society will be manifold. These will be beneficial for the
group or people who have suffered prejudice since time immemorial. It will help to know the
situation of groups who are required to give some special attention for balanced development
of society.
Time Schedule
The time taken to complete this research topic is 9 days including 5 days of research and
reading and approximately 3 days of putting all material together and drafting it in the current
existing format.

Chapter-II

Reservation in services for SC & ST:

In this Unit we shall discuss the provisions available in the Constitution of India, based on
which orders relating to reservations in services for Scheduled Castes (SCs), Scheduled
Tribes (STs) and other Backward Classes (OBCs) have been issued by Department of
Personnel & Training and Ministries of Social Justice of Government of India. The provisions
made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution relate to reservation,
protection and safeguards, in public employment in respect of the persons belonging to the
SCs/STs and other backward classes.

Constitutional Provisions:

Every Constitution has philosophy of its own. The Preamble of our Constitution proclaims
the resolution of PEOPLE OF INDIA to constitute India into a SOVEREIGN, SOCIALIST,
SECULAR AND DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and
worship; EQUALITY of status and opportunity; and to promote among them all ;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation. The ward 'social justice' in the Preamble implies recognition of greater good to a
larger number without deprivation of legal rights of anybody.
The concept of equality, enshrined in the Preamble has also found expression as a
fundamental right in Article 14 to 16, which we shall discuss in the next section.

Right to equality- Article 14

The Article 14 of the Constitution is one of the fundamental rights of the Constitution of
India. Let us now know about this Article. Article 14 of the Constitution reads: The state
shall not deny to any person equality before the law or the equal protection of the laws within
the territory of India" What do the two phrases in this Article namely equality before the
6

law and equal protection of law mean? On the face of it the two phrases may seem to be
identical, but in fact they mean different things.
While Equality before the law is negative concept; equal protection of laws is a positive
one. The former declares that everyone is equal before law, that no one can claim privileges
and that all classes are equally subject to the ordinary law of the land. Equal protection of
Law, on the other hand means that among equals, the law should be equal and equally
administered. That like should be treated as like. Or in other words, persons differently
circumstanced need not be treated in the same manner. For example Equal protection of
Law does not mean that every person shall be taxed equally, but that persons under the same
category should be taxed by the same standard. The guarantee of equal protection thus is a
guarantee of equal treatment of persons in equal circumstances permitting differentiation in
different circumstances. If there were a reasonable basis for classification, the legislature
would be entitled to make different treatment. Thus, the legislature may (i) exempt certain
classes of property from taxation at all, such as charities, libraries etc; (ii) impose different
specific taxes upon different trades and profession.

Safeguards for public employment (Art-16)

In Article 16, which is regarding equality of opportunity in the matter of employment under
State Article 16 of the constitution provides for equality of opportunity for all citizens in
matters relating to employment or appointment to any office under the state. Article 16 reads
as under:
Clause (1): There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
Clause(2):No citizen shall on grounds only of religion, race, caste sex, descent, place of
birth, residence or any of them, be ineligible for, or discriminated against in respect of any
employment of office under the State.
Clause (3): Nothing in this article shall prevent Parliament from making any law prescribing,
in regard to a class or classes of employment or appointment to an office under the
Government of or any local or other authority within, a State or Union Territory, any
requirement as to residence within that State or Union Territory prior to such employment or
appointment.

Clause (4)- Nothing in this Article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which in the
opinion of the State, is not adequately represented in the services under the state".
Clause (4-A): Nothing in this article shall prevent the State from making provision for
reservation in matters of promotion to any class or classes of posts in the services under the
State in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the
State are not adequately represented in the service of the State.
Clause (4-B): Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year in accordance with any
provision for reservation made under clause (4) or Clause (4-A) as a separate class of
vacancies to be filled up in any succeeding year or years and such class of vacancies shall not
be considered together with the vacancies of the year in which they are being filled up for
determining the ceiling of fifty percent reservation on total number of vacancies of that year
(Constitution 81st Amendment Act, 2000).
Article 16(1) is a facet of the doctrine of equality enshrined in Article 14. Article 16(1) does
permit reasonable classification just as Article 14 does. Reasonable classification ensures the
attainment of the equality of opportunity assured by Article 16(1). For assuring equality of
opportunity in public employment by Article 16 (1), it may well be necessary in certain
situations to treat unequally situated persons unequally. Not doing so, would perpetuate and
accentuate inequality. Viewed in this background it becomes clear that Article 16(4) is an
instance of such classification, implicit in and permitted by Article 16(1). The Supreme Court
held in the case of Indra Sawhney that indeed, even without clause (4), it would have been
permissible for the State to have evolved such a classification and made a provision for
reservation of appointment/posts in their (Backward Classes) favour. Clause (4) merely
puts the matter beyond any doubt in specific terms.
The entire gamut of the constitutional provisions pertaining to reservations was addressed by
the Supreme Court in writ Petition (Civil) No.930 of 1990 {Indira Sawhney Vs UOI-AIR
1993-SC 477}. The Supreme Court upheld the reservation for other backward classes
(OBC) in the services. The aforesaid case came as the order issued by the Government of
India on 1990 reserving 27% of posts for Other Backward Classes was challenged before the
Honble Supreme Court.

To understand fully the Article 16(4), four of the following terms which appear in the said
Article need to be fully understood:(a) State
(b) Backward Class of Citizens
(c) Opinion
(d) Not adequately represented.
(a) STATE- The word State has the same meaning as defined in Article 12 of the
Constitution. State means, the Central Government, State Governments, Parliament, State
Legislatures, and all local e.g. Panchayat, Port Trust etc.) or other authorities within the
territory of India or under the control of the Government of India.
(b) BACKWARD CLASS OF CITIZEN- For the term 'Backward Class of Citizens, it was
contended before the Supreme Court whether SCs and STs can be classified as backward
classes in order to entitle them to the benefits of reservation under Article 16(4) of the
Constitution. The Supreme Court had held that:
" Article 16 in the first instance by clause(2) prohibits discrimination on the ground, interalia, of religion, race, caste, place of birth, residence and permits an exception to be made in
the matter of reservation in favour of backward classes of citizens. The expression 'backward
class' is not used as synonymous with 'backward caste' or 'backward community'. The
members of an entire caste or community may be in the social, economic and educational
scale of values at a given time be backward and may on that account be treated as a
backward class, but that is not because they are members of a caste or community, but
because they form a class. In its ordinary connotation the expression 'class' means a
homogenous section of the people grouped together because of certain likenesses or common
traits, and who are identifiable by some common attributes such as status, rank, occupation,
residence in a locality, race religion and the like".1
Thus, the SCs and STs would be deemed to be backward class within the meaning of
Article 16(4). In case of classification of backward classes, the Supreme Court in the case of
Indra Sawhney has opined as follows:

1 Triloki Nath Vs. State of Jammu & Kashmir 1969, I SCR 103A 1960 SCI).

A caste can be and quite often is a social class in India. If it is backward socially, it
would be backward class for the purpose of Article 16(4). Among non-Hindus, there
are several occupational groups, sects and denominations, which, for historical
reasons, are socially backward. They too represent backward social collectives for the

purpose of Article 16(4).

Neither the Constitution nor the law prescribes the procedure or method of
identification of backward classes. Nor is it possible or advisable for the court to lay
down any such procedure or method. It must be left to the authority appointed to
identify the backward classes. It can adopt such method/ procedure as it thinks
convenient and so long as its survey covers the entire populace, no objection can be
taken to it. Identification of the backward classes can certainly be done with reference
to castes among, and along with, other occupational groups, classes and sections of
people. One can start the process either with the occupational groups or with castes or
with some other groups. Thus one can start the process with the castes, wherever they
are found, apply the criteria (evolved for determining backwardness) and find out
whether it satisfies the criteria. If it does-what emerges is a backward class of
citizens within the meaning of and for the purpose of Article 16(4). Similar process
can be adopted in the case of other occupational group, communities and classes, so
as to cover the entire populace. The central idea and overall objectives should be to
consider all available groups, sections and group/ class encompassing and
overwhelming majority of the countrys population, one can well begin with it and

then go to other groups, sections and classes.

It is not necessary for a class to be designated as a backward class that it is situated

similarly to the scheduled castes/scheduled tribes.

Creamy layer can be, and must be excluded.
It is not correct to say that the backward class of citizens contemplated in article 16
(4) is the same as the socially and educationally backward classes referred to in article
15(4). It is much wider. The accent in article 16(4) is on social backwardness. Of
course, social, educational and economic backwardness are closely inter-twined in the
Indian context.2

(c) OPINION-Another word occurring in Article 16(4) is Opinion. Thus, what is a matter
of opinion cannot be mandatory nor is it subjected to any limitation of time.
2 Indira Sawhney Vs UOI
10

(d) NOT ADEQUATELY REPRESENTED- Honble Supreme Court has clarified the
meaning of not adequately represented as under:
The adequacy of representation of a particular class in the services under the State is a
matter within the subjective satisfaction of the appropriate Government. The judicial scrutiny
in that behalf is the same as in other matters within the subjective satisfaction of an
authority.
Therefore, the State has the first form an opinion about which castes/ community could be
classified as the backward class and whether the class so identified is adequately
represented in the services under the state or not. After completion of this exercise, nothing
shall prevent the State from making reservations. According to the Supreme Court, Article
16(4) does not confer any right on the SCs and STs and there is no Constitutional duty
imposed on the Government to make reservations for SCs/ STs, either at the initial stage of
recruitment or at the stage of promotion. In other words, Art.16(4) confers a discretionary
power on the State to make reservations of appointments in favour of backward class of
citizens which in its opinion, are not adequately represented in the services of the State.3

Reservation in Promotion
In the Indra Sawhney case, honble Supreme Court also held that reservation in promotion is
unconstitutional but permitted the reservation, for Scheduled Castes and Scheduled Tribes to
continue for a period of five years(From 16.11.92). Consequent to this, the Constitution was
amended by the Constitution (Seventy-seventh Amendment) Act, 1995 and Article 16(4-A)
was incorporated. This Article enables the State to provide for reservation, in matters of
promotion, in favour of the Scheduled Castes and Scheduled Tribes. The fact that the words
Backward class used in Article 16(4) have been instituted in Article 16(4-A) by the words
SCs & STs, itself precludes consideration of making reservation in promotion in favour of
any other category of citizens.
Limitations of the Safeguard-Article 335
Article 335 of the Constitution originally read as under: The claim of the members of the Scheduled castes and the Scheduled Tribes shall be taken
in to consideration, consistently with the maintenance of efficiency of administration, in the
3 Rajendran Vs UOI-1968 SCR 721
11

making of appointments to services and posts in connection with the affairs of the Union or
of the State.
The Honble Supreme Court has held in a number of cases, that Article 335 operates as a
limitation to the provision contained in Article 16(4) question of maintenance of efficiency of
the administration. Thus, reservation for the backward class will be struck down as violative
of Article 14 and 16(1), if it is unreasonably excessive. While forming an opinion for making
reservations the State shall also take cognisance of the limitation set out in Art.335 i.e.
whether making reservation is consistent with the maintenance of efficiency of
administration.
82nd Amendment Act, 2000, amended the Article 335. The background for the amendment
was that the Honble Supreme Court in a case 4 had held that the various instructions of
Government providing for lower qualifying marks/lesser standard of evaluation in matter of
promotion for candidates belonging to SC/ST are not permissible in view of the provisions
contained in Article 335. In view of this decision the various orders regarding lower
qualifying marks/standard of evaluation for SC/ST in the matter of promotion were
withdrawn by the Government w.e.f. 22.7.97. However, the Parliament decided to once again
restore the relaxations and concession in promotion and the following proviso to Art.335
were added:- Provided that nothing in this Article shall prevent in making of any provisions
in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in
qualifying marks in any examination or lowering the standards of evaluation, for reservation
in matters of promotion to any class or classes of services or posts in connection with the
affairs of the Union or of a State

Percentage of reservation:
The percentage of reservation for each category viz. SC, ST and OBC in Promotion and
Direct Recruitment as these are the only two methods of recruitment to which the orders on
reservation are applicable. In general of SC it is 15%, for ST it is 7.5% & for OBC it is 27%

4 S.Vinod Kumar Vs. U.O.I

12

CHAPTER -III
SCOPE OF RESERVATION
Quantum of Reservation in Direct Recruitment
2.1 There shall be a reservation of 15 per cent for the members of the Scheduled Castes, 7.5
per cent for the members of the Scheduled Tribes and 27 per cent for the members of the
Other Backward Classes in the matter of appointment by direct recruitment to civil posts and
civil services on all India basis by open competition.[36011/33/1981-Estt.(SCT) 5/10/1981]
2.2 There shall be a reservation of 16.66 per cent for the members of the Scheduled Castes,
7.5 per cent for the members of the Scheduled Tribes and 25.84 per cent for the members of
the Other Backward Classes in the matter of appointment by direct recruitment to civil posts
and civil services on all India basis otherwise than by open competition.
Except in Delhi, reservation for the Scheduled Castes and Scheduled Tribes in case of direct
recruitment to Group C and Group D posts normally attracting candidates from a locality or a
region is generally fixed on the basis of proportion of their population in the respective
States/UTs. Reservation for Other Backward Classes in such cases is fixed keeping in view
the proportion of their population in the respective States/UTs subject to a limit of 27% and
total reservation for SCs, STs and OBCs should not exceed 50%. Quantum of reservation
fixed for SCs, STs and OBCs in such cases is indicated below [36017/2/2004-Estt.(Res)
dated 5/7/2005]:

Sl.No.
Scheduled Castes
(1)
(2)
01
Andhra

Name of the State/UT

Scheduled Tribes
(3)
(4)
16
7

Percentage of Reservation
Other Backward Classes
(5)
27

02

Pradesh
Arunachal

45

03
04
05
06

Pradesh
Assam
Bihar
Chhattisgarh
Goa

7
16
12
2

12
1
32
12

27
27
6
18
13

07
08
09

Gujarat
Haryana
Himachal

7
19
25

15
0
4

27
27
20

10

Pradesh
Jammu

11

27

11
12
13
14

Kashmir
Jharkhand
Karnataka
Kerala
Madhya

12
16
10
15

26
7
1
20

12
27
27
15

15
16
17
18
19
20
21
22
23
24
25
26
27
28
29

Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Uttaranchal
Uttar Pradesh
West Bengal
Andaman
&

10
3
1
0
0
16
29
17
5
19
17
18
21
23
0

9
34
44
45
45
22
0
13
21
1
31
3
1
5
8

27
13
5
5
0
12
21
20
24
27
2
13
27
22
27

30
31

Islands
Chandigarh
18
Dadra
& 2

0
43

27
5

32
33
34
35

Nagar Haveli
Daman & Diu
Delhi
Lakshadweep
Pondicherry

9
7.5
45
0

27
27
0
27

& 8

Nicobar

3
15
0
16

Where recruitment is made for zones or circles or regions consisting of more than one State,
the percentages of reservation for SCs and STs is generally fixed on the basis of the
proportion of SCs and STs in the respective zones/circles/regions and reservation for OBCs is
fixed

keeping

in

view

their

proportion

in

the

population

of

the

respective

zones/circles/regions subject to a limit of 27% and total reservation for SCs, STs and OBCs
should not exceed 50%.

14

Illustration: Suppose direct recruitment to a Group C post in an organization is made on the

regional basis for the region consisting of the 8 States of the North East namely, Assam,
Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim. Total
population of these States and population of the Scheduled Castes and Scheduled Tribes in
these States as per Census 2001 is 38,857,269; 2,486,474, and 10,465,898 respectively. Thus,
the proportion of Scheduled Castes and Scheduled Tribes in the region is 6.39% and 26.93%.
Estimated population of Other Backward Classes in the region is more than 27% of the total
population of the region. Keeping all aspects in view, percentage of reservation for Scheduled
Castes, Scheduled Tribes and Other Backward Classes for the region may be fixed as 6%,
27% and 17% respectively.
Note 1: The expression 'by open competition' means all recruitments by Union Public Service
Commission (UPSC) whether through written examination or by interview or by both; and
recruitments made by other authorities including Staff Selection Commission or any other
appointing authority through written competitive examination or tests (but not by interview
alone). Any recruitment not made by the UPSC or not made through written competitive test
held by any other authority would mean direct recruitment otherwise than by open
competition.
Note 2: In case of recruitment on local/regional/zonal/circle basis, SC/ST/OBC candidates
not belonging to the concerned locality/region/ State/ zone/ circle shall also be eligible to get
the benefit of reservation.
The members of the Other Backward Classes who fall in creamy layer shall not get the
benefit of reservation. Criterion for determining creamy layer status amongst Other Backward
Classes is given in the Annexure to this Chapter.

Quantum of Reservation in Promotion

Reservation to the members of the Scheduled Castes and the Scheduled Tribes shall be
provided in the matter of promotion when promotion is made:
(a) through Limited Departmental Competitive Examination in Group B, Group C and Group
D posts;
(b) by selection from Group B post to a Group A post or in Group B, Group C and Group D
posts; and
15

(c) by non-selection in Group A, Group B, Group C and Group D posts.

14
2.7 Reservation in all the above cases shall be given at the rate of 15 per cent for the
Scheduled Castes and 7.5 per cent for the Scheduled Tribes. However, reservation in
promotion is not given in the grades in which the element of direct recruitment, if any,
exceeds 75 per cent [36012/17/88-Estt.(SCT) dated 25/4/1989].
Reservation in Scientific and Technical Posts
2.8 Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes apply
to appointments made to "scientific and technical" posts up to and including the lowest grade
of Group A in the respective services.
2.9 Such scientific and technical posts which satisfy all the following conditions can be
exempted from the purview of the reservation orders by the Ministries/Departments:
(i) The posts should be in grades above the lowest grade in Group A of the service concerned.
(ii) They should be classified as 'scientific or technical' in terms of Cabinet Secretariat
(Department of Cabinet Affairs) [O.M. No. 85/11/CF-61(1) dated 28-12-1961] according to
which scientific and technical posts for which qualification in the natural sciences or exact
sciences or applied sciences or in technology are prescribed and the incumbents of which
have to use that knowledge in the discharge of their duties.
(iii) The posts should be 'for conducting research' or 'for organizing, guiding and directing
research.
2.10 Orders of the Minister concerned should be obtained before exempting any posts
satisfying the above conditions from the purview of the scheme of reservation.
2.11 In the case of scientific and technical posts required for research up to and inclusive of
lowest grade of Group A of a service which are not exempt from the purview of reservation
orders, reservation should be provided for Scheduled Castes, Scheduled Tribes and Other
Backward Classes as per the scheme of reservations, except that:
(i) Reserved vacancies in such posts need be advertised only once and not twice;
(ii) In the event of non-availability of candidates belonging to Scheduled Castes, Scheduled
Tribes and Other Backward Classes, vacancies in such posts may be de-reserved by the
administrative Ministry/Department concerned. However, the National Commission for
Scheduled Castes or the National Commission for Scheduled Tribes or the National
Commission for Backward Classes, as the case may be, and the Department of Personnel and
16

Training should be informed about the de-reservation together with the details and reasons
necessitating de-reservation.
[O.M.No.9/2/73-Estt(SCT) dated 23/06/75 and O.M.No.36012/27/1994-Estt(SCT) dated
13/5/1994]
Reservation in Posts of Industrial Workers
The industrial establishments of the Government of India and the posts and grades in such
establishments, whether these have been classified as group A, B, C and D or not, are covered
by the scheme of reservation for Scheduled Castes, Scheduled Tribes and Other Backward
Classes. [O.M.No.8/7/1974-Estt.(SCT) dated 22/08/1975]
Reservation in Work-Charged Posts
The principle of reservation for Scheduled Castes, Scheduled Tribes and Other Backward
Classes should generally be suitably applied to the extent possible, to work-charged posts
also except those required for emergencies like flood relief work, accident restoration and
relief etc. The percentages of reservation in such appointments may correspond to what is
applicable to Group C and Group D posts. [O.M.No.36021/9/1976-Estt.(SCT) dated
10/02/1977]

Reservation in Appointments of Daily Rated Staff

2.14 While it may not be practical to apply the reservation orders in toto in respect of daily
rated staff, it should be ensured that persons belonging to the Scheduled Castes, Scheduled
Tribes and Other Backward Classes are recruited in such manner as their overall
representation does not go below the prescribed percentage of reservation for the Scheduled
Castes, Scheduled Tribes and Other Backward Classes respectively. [O.M.No.36011/18/81Estt.(SCT) dated 16/07/1981]
Reservation in Appointments of Casual Workers to Regular Posts
Appointment of casual workers against regular posts will be a case of direct recruitment.
Hence all statutory requirements relating to filling up of posts by direct recruitment should be
17

followed while regularizing the services of casual workers. General orders relating to
reservation for persons belonging to SCs, STs and OBCs will be applicable in cases relating
to regularization of casual workers. Vacancies meant for these categories of persons should be
filled up by casual workers of respective reserved categories and the balance, if any, may be
filled up by outsiders belonging to these categories, who are not casual workers. Casual
workers, who do not belong to the reserved categories, can be appointed against unreserved
vacancies only. O.M.No.49014/12/1988-Estt( C ) dated 22/08/1988]
Reservation in Ad-hoc Promotions
2.16 As a matter of basic approach, ad-hoc promotions should be avoided.. However, if adhoc promotions are to be made in exceptional circumstances, such as during pendency of
court cases, protracted seniority disputes, non-framing of recruitment rules, unforeseen delay
in direct recruitment or convening of DPCs for reasons beyond the control of the appointing
authority etc., following guidelines may be followed on every occasion when ad-hoc
promotions are resorted to so as to ensure that the claims of eligible officers belonging to
Scheduled Castes and Scheduled Tribes are also duly considered:
(i) In cases where reservation orders for SCs and STs are applicable, the number of vacancies
falling to the share of SCs and STs would be the same if the vacancies were to be filled on
regular basis.
(ii) Since ad-hoc promotions are made on the basis of non-selection, all the Scheduled
Caste/Scheduled Tribe candidates covered in the relevant seniority list within the total
number of such vacancies against which ad-hoc promotions are to be made, should be
considered in the order of their general seniority as per the gradation list, on the principle of
seniority-cum-fitness and if they are not adjudged unfit, they should all be promoted on adhoc basis.
(iii) If the number of SC/ST candidates found fit within the range of actual vacancies is less
than the number of vacancies identified as falling to their share if the vacancies were filled on
a regular basis, additional SC/ST candidates to the extent required should be located by going
down the seniority list, provided they are eligible and found fit for such ad-hoc appointment.
(iv) All ad-hoc appointees have to be replaced by regular incumbents at the earliest
opportunity. When regular promotions are made subsequently, reversion of the ad-hoc
appointees should take place strictly in the reverse order of seniority, the junior-most

18

candidate being reverted first. No special concessions are to be given to SC/ST candidates at
the time of such reversion.
(v) There is no need for maintaining any separate formal register or roster register for ad-hoc
promotions. The concept of de-reservation, carrying forward of reservation etc. will also not
be applicable in the case of ad-hoc appointments. However, a simple register called Ad-hoc
Promotions Register may be maintained for different categories of posts for which ad-hoc
appointments are made to facilitate a record being kept of the ad-hoc appointments and for
ensuring reversion in the proper order on regular promotions being made to the posts in
question.
[No. 36011/14/83-Estt.(SCT) dated 30-4-1983 and O.M. No.36011/13/83-Estt.(SCT)
dated 30/09/1983]
Reservation in case of a Single Vacancy
2.17 In cases where only one vacancy occurs in the initial recruitment year and it, according
to the scheme of reservation, is reserved for Scheduled Castes or Scheduled Tribes or OBCs,
it should be treated as unreserved and filled accordingly and the reservation should be carried
forward to subsequent recruitment year. In the subsequent recruitment year, even if there is
only one vacancy, it should be treated as reserved against the carried forward reservation
from the initial recruitment year, and a Scheduled Caste/ Scheduled Tribe/OBC candidate, if
available, should be appointed in that vacancy, although it may happen to be the only vacancy
in that recruitment year. This provision applies to direct recruitment as well as promotion.
When the vacancy is treated as reserved, it shall be filled up as per the procedure prescribed
for filling up of reserved vacancies.[ 36011/39/81-Estt.(SCT) dated 30/11/1981

Reservation in PSUs, Autonomous Bodies etc

Instructions contained in this Compendium relate to reservation for Scheduled Castes,

Scheduled Tribes and Other Backward Classes in posts/services under the Government of
India. The Public Sector Undertakings, Statutory and Semi-Government Bodies, Autonomous
Bodies/Institutions including Municipal Corporations, Cooperative Institutions, Universities
etc. under the control of the Government, may make reservation for Scheduled Castes,
Scheduled Tribes and Other Backward Classes in their services on the lines of the
19

reservations in services under Government. The Department of Public Enterprises, Ministry

of Heavy Industries and Public Enterprises may arrange for issue of suitable directives to the
various public sector undertakings, through the administrative Ministries concerned for
making reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in
their services. The Ministries/Departments should take suitable action to provide for
reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the
services of the autonomous bodies/institutions which are receiving grants-in-aid from the
Government of India by making suitable provision in the relevant statutes or in the Articles of
Association of the respective bodies.[O.M.No.39/40/74(SCT)(I) dated 30/09/1974 ]

Reservation in Voluntary Agencies

The Ministries/Departments should insist as a pre-condition to the sanction of grants-in-aid

from Central Government to a non-Government organizations/ voluntary agency etc. that it
shall provide reservation to the extent of 15% to SCs, 7.5% to STs and 27% to OBCs in case
of direct recruitment on all India basis and as shown in the table under Para 2.1 (c) in case of
direct recruitment to posts normally attracting candidates from a locality or region where:
(a) The recipient body employs more than 20 persons on a regular basis and at least 50
percent of its recurring expenditure is met from grants-in-aid from the Central Government;
and
(b) The body is a registered society or a cooperative institution and is in receipt of a general
purpose annual grants-in-aid of Rs.2lakh and above from the Consolidated Fund of India.
A clause providing for reservations in the services under the voluntary agencies should be
included in the terms and conditions under which such voluntary agencies /organizations etc.
are given grants-in-aid by Government, somewhat on the following lines:
.. (Name of Organization/ Agency etc.) agrees to make reservations for Scheduled
Castes, Scheduled Tribes and Other Backward Classes in the posts/services under its control
on the lines indicated by the Government of India.
While sanctioning grants-in-aid to various voluntary agencies the progress made by such
agencies in employing Scheduled Caste, Scheduled Tribe and Other Backward Class
candidates

in

their

services

should

be

kept

in

view

by

the

administrative

Ministries/Departments. The voluntary agencies etc. should be informed that the progress in
respect to the employment by them of Scheduled Castes, Scheduled Tribes and OBCs in the
20

services under them would be taken into account by Government while sanctioning future
grants-in-aid to them.[O.M.No.27/12/73-Estt.SCT) dated 7/10/1974]
Non-Applicability of Reservation
Reservations do not apply to:
(i) Temporary appointments of less than 45 days duration; [O.M.No.27/4/67(II)-Estt.(SCT)
dated 24/09/1968]
(ii) Work-charged posts which are required for emergencies like flood relief work, accident
restoration and relief etc. [36021/9/76-Estt.(SCT) 10/2/1977]
(iii) Promotions by selection method from a Group A post to another Group A post.
[ 36028/21/7/2003-Estt.(SCT) dated 29/01/2004]
(iv) Appointments to Scientific and Technical posts which are above the lowest rung of
Group A.[O.M.No.36012/27/1994-Estt(SCT) dated 13/05/1994
(v) Deputation/Absorption.[O.M.No.36012/7/77-Estt(SCT) dated 21/01/1978]
(vi) Single post cadres

[O.M.No.36012/22/93Estt(SCT)
08/09/1993] Category
1.
I.

Description of Category
dated

Who will fall in Creamy

Layer

2
CONSTITUTIONAL POSTS

3
Son(s) and daughter(s) of
(a) President of India;
(b) Vice President of India;
(c) Judges of the Supreme
Court and of the High Courts;
(d) Chairman & Members of
UPSC and of the State Public
Service Commission; Chief
21

Election

Commissioner;

Comptroller

&

Auditor

General of India;
(e)

Persons

holding

Constitutional positions

of

like nature.
II.

SERVICE CATEGORY

Sons(s) and daughter(s) of

A. Group A / Class I officers (a) parents, both of whom are

of the All India Central and Class I officers;
State
Recruits)

Services

(Direct (b) parents, either of whom is

a Class I officer;
(c) parents, both of whom are
Class I officers, but one of
them

dies

or

suffers

permanent incapacitation.
(d) Parents, either of whom is
a Class I officers and such
parent

dies

or

suffers

permanent incapacitation and

before such death or such
incapacitation has had the
benefit of employment in any
International

Organisation

like UN, IMF, World Bank,

etc. for a period of not less
than 5 years.
(e) Parents, both of whom are
Class I officers die or suffer
permanent incapacitation and
before such death or such
incapacitation of the both,
either of them has had the
benefit of employment in any
22

International

Organisation

like UN, IMF, World Bank,

etc. for a period of not less
than 5 years.
Provided that the rule of
exclusion shall not apply in
the following cases:
(a) Sons and daughters of
parents either of

whom or both of whom are Class I officers and such parent(s) dies / die or
suffer permanent incapacitation.
(b) A lady belonging to OBC category has got married to a Class I officer, and
may herself like to apply for a job.
Son(s) and daughter(s) of
B. Group B/Class II officers of the (a) Parents both of whom are Class II
Central & State Services (Direct officers.
Recruitment)

(b) parents of whom only the husband

is a Class II officers and he gets into
Class I at the age of 40 or earlier.
(c) Parents, both of whom are Class II
officers and one of them dies or
suffers permanent incapacitation and
either one of them has had the benefit
of employment in any International
Organisation like UN, IMF, World
Bank, etc. for a period of not less than
5

years

before

such

death

or

permanent incapacitation;
(d) Parents of whom the husband is a
Class I officer (direct recruit or pre23

forty promoted) and the wife is a

Class II officers and the wife dies; or
suffers permanent incapacitation; and
(e) Parents, of whom the wife is a
Class I officer ( Direct Recruit or preforty promoted) and the husband is a
Class II officer and the husband dies
or suffers permanent incapacitation
Provided that the rule of exclusion
shall not apply in the following cases:
Sons and daughters of
(a) Parents both of whom are Class II
officers and one of them dies or
suffers permanent incapacitation.
(b) Parents, both of whom are Class II
officers and both of them die or suffer
permanent incapacitation, even though
either of them has had the benefit of
employment

in

any

International

Organisation like UN, IMF, World

Bank, etc. for a period of not less than
5

years

before

their

death

or

permanent incapacitation.
The criteria enumerated in A&B
C.

Employees

Undertakings etc.

in

Public

Sector above in this Category will apply

mutatis mutandis to officers holding
equivalent or comparable posts in
PSUs,

Banks,

Insurance

Organisations, Universities, etc. and

also to equivalent or comparable posts
and

positions

under

private

employment, pending the evaluation

24

of

the

posts

on

equivalent

or

comparable basis in these institutions,

the criteria specified in Category VI

III.

ARMED

FORCES Son(s) and daughter(s) of

INCLUDING

parents either or both of

PARAMILITARY FORCES

whom is or are in the rank of

(Persons holding civil posts Colonel and above in the

are not included)

Army and to equivalent

posts in the Navy and the
Air Force and the Para
Military Forces;
Provided that :(i) If the wife of an Armed
Forces Officers is herself in
the Armed Forces (i.e., the
category

under

consideration) the rule of

exclusion will apply only
when she herself has reached
the rank of Colonel;
(ii) The service ranks below
Colonel of husband and wife
shall

not

be

clubbed

together;
(iii) If the wife of an officer
in the Armed Forces is in
civil employment, this will
not be taken into account for
applying

the

rule

of
25

family (father, mother and minor children)

which owns

IV

(a) Only irrigated land which is equal to or

exclusion unless she falls in
more than 85% of the statutory area, or
the service category under
(b) Both irrigated and unirrigated land, as
item No.II in which case the
follows:criteria
and
conditions
(i) The rule of exclusion will apply where
enumerated therein will
the pre-condition exists that the irrigated
apply to her independently.
area (having been brought to a single type
PROFESSIONAL CLASS Criteria specified against
under a common denominator) 40% or
AND THOSE ENGAGED Category VI will apply:more of the statutory ceiling limit for
IN
TRADE
AND Criteria specified against
irrigated land (this being calculated by
INDUSTRY
Category VI will apply:
excluding the unirrigated portion). If this
(I) Persons, engaged in Explanation:
pre condition of not less than 40% exists,
profession as a doctor, (i) Where the husband is in
then only the area of unirrigated land will
lawyer,
chartered some profession and the
be taken into account. This will be done by
accountant, Income Tax wife is in Class II or lower
converting the unirrigated land on the basis
consultant, financial or grade employment, the
of the conversion formula existing, into the
management
consultant, income / wealth test will
irrigated type. The irrigated area so
dental surgeon, engineer, apply only on the basis of
computed from unirrigated land shall be
architect,
computer the husbands income.
added to the actual area of irrigated land
specialist, film artists and (ii) If the wife is in any
and if after such clubbing together the total
other film professional, profession and the husband
area in terms of irrigated land is 80% or
author, playwright, sports is in employment in a Class
more of the statutory ceiling limit for
person, sports professional, II or lower rank post, then
irrigated land, then the rule of exclusion
media professional or any the income / wealth criterion
will apply and disentitlement will occur.
other vocations of like will apply only on the basis
(iii) The rule of exclusion will not apply if
status.
of the wifes income and the
the land holding of a family is exclusively
(II) Persons engaged in husbands income will not
unirrigated.
trade, business and industry. be clubbed with it.

Explanation:

Criteria of income / wealth

V.
OWNERS
Son(s) and daughter(s) of
(i) Income from salaries PROPERTY
or
B. Plantations
specified in Category VI
Agricultural holdings
persons belonging to a
agricultural land shall not A.be
(i) Coffee, tea, rubber, etc.
below will apply.
clubbed;
Deemed as agricultural
(ii) The income criteria in terms of
(ii) Mango, citrus, apply holding and hence criteria at
rupee will be modified taking into
plantations etc.
A above under this Category
account the change in its value
will apply.
every three years. If the situation,
Criteria
specified
in
26
however,
so and
demands,
the
C. Vacant land
/ or Category
VI below will
interregnum
be areas
less. or apply.
buildings in may
urban

Explanation: Wherever the expression permanent incapacitation occurs in this statement, it

shall mean incapacitation which results in putting an officer out of service.
Note1: Sons and daughters of:
(a) parents either of whom or both of whom are directly recruited Class I/Group A officers
and such parent(s) dies/die or suffers/suffer permanent incapacitation while in service;
(b) parents both of whom are directly recruited Class II/Group B officers and one of them
dies or suffers permanent incapacitation while in service; and
(c) parents both of whom are directly recruited Class II/Group B officers and both of them die
or suffer permanent incapacitation while in service, even though either of them has had the
benefit of employment in any International Organization like UN, IMF, World Bank, etc. for
a period of not less than 5 years before their death or permanent incapacitation
shall not be treated to be falling in creamy layer. But if the parent(s) dies/die or suffers/suffer
permanent incapacitation in such cases after retirement from service, his/their sons and
daughters would be treated to be falling in creamy layer and would not get the benefit of
reservation.
Note 2: Sons and daughters of parents who are included in the creamy layer on the basis of
service status of their parents shall continue to be treated in creamy layer even if their parents
have retired or have died after retirement.
Note 3: Sons and daughters of parents of whom only the husband is a directly recruited Class
II/Group B officer who gets into Class I/Group A at the age of 40 or earlier are treated to be
in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D
employee and he gets into Class I/Group A at the age of 40 or earlier, his sons and daughters
shall not be treated to be falling in creamy layer.
Note 4: The creamy layer status of a candidate is determined on the basis of the status of his
parents and not on the basis of his own status or income or on the basis of status or income of
his/her spouse. Therefore, while determining the creamy layer status of a person the status or
the income of the candidate himself or of his/her spouse shall not be taken into account.
Note 5: The creamy layer status of sons and daughters of persons employed in organizations
where equivalence or comparability of posts vis--vis posts in Government has not been
evaluated is determined as follows:
Income of the parents from the salaries and from the other sources [other than salaries and
agricultural land] is determined separately. If either the income of the parents from the
salaries or the income of the parents from other sources 26

27

[other than salaries and agricultural land] exceeds the limit of Rs.6 lakh per annum for a
period of three consecutive years, the sons and daughters of such persons shall be treated to
fall in creamy layer. But the sons and daughters of parents whose income from salaries is less
than Rs. 6 lakh per annum and income from other sources is also less than Rs.6 lakh per
annum will not be treated as falling in creamy layer even if the sum of the income from
salaries and the income from the other sources is more than Rs.6 lakh per annum for a period
of three consecutive years. It may be noted that income from agricultural land is not taken
into account while applying the Test.
Note 6: While applying the Income/Wealth Test to determine creamy layer status of any
candidate as given in Category-VI, income from the salaries and income from the agricultural
land shall not be taken into account. It means that if income from salaries of the parents of
any candidate is more than Rs. 6 lakh per annum, income from agricultural land is more than
Rs.6 lakh per annum, but income from sources other than salaries and agriculture is less than
Rs. 6 lakh per annum, the candidate shall not be treated to be falling in creamy layer on the
basis of Income/Wealth Test provided his parent(s) do not possess wealth above the
exemption limit as prescribed in the Wealth Tax Act for a period of three consecutive years.
[O.M.No.36012/22/1993-Estt(SCT) dated 8/9/1993, No.36033/5/2004-Estt(SCT) dated
14/10/2004 and 36033/1/2013-Estt(Res) dated 27/5/2013]

Controversy
The Government of India on 22 December 2011 announced establishment of a sub-quota of
4.5% for minorities within the existing 27% reservation for Other Backward Classes. The
reasoning given was that Muslim communities that have been granted OBC status are unable
to compete with Hindu OBC communities.5 It was alleged that the decision was announced as
the Election Commission announced Assembly elections in five states on 24 December 2011.
The government would not have been able to announce this due to the model code of
conduct. On 12 January 2012, the Election Commission stayed implementation of this
decision for violation of the model code of conduct.6 Later, Justice Sachar, head of the Sachar
5 "4.5% quota fails to impress Muslims in Uttar Pradesh". The Times of India, 23
December 2011.
6 "Election Commission stalls 4.5% sub-quota in poll states". The Times of India,
12 January 2012. Retrieved 28 May 2012.
28

Committee that was commissioned to prepare a report on the latest social, economic and
educational condition of the Muslim community of India, criticised the government decision,
saying "Such promises will not help the backward section of minorities. It is like befooling
them. These people are making tall claims just to win elections". He suggested that instead of
promising to give reservations, the government should focus on basic issues of improving
administration and governance.7
On 28 May 2012, the Andhra Pradesh High Court quashed the sub-quota. The court said that
the sub-quota has been carved out only on religious lines and not on any other intelligible
basis. The court criticised the decision: "In fact, we must express our anguish at the rather
casual manner in which the entire issue has been taken up by the central government."8

Status as a domicile
With few exceptions, all jobs under certain State governments are reserved for those who are
domiciled within the jurisdiction of that government. For example, in Punjab Engineering
College (Chandigarh) 85% of seats were earlier reserved for Chandigarh-domicilesnow it
is 50%. There are also some seats reserved for the Jammu and Kashmir 'migrants' in every
Government-aided educational institute.

Reservation in promotion in Uttar Pradesh

In 2007, Government of Uttar Pradesh introduced reservation in promotions. The policy
specified reservation for SC/ST employees in the first stage of their promotion and that of the
benefit of consequential seniority in successive promotions. However, this policy was
challenged through a spate of petitions and subsequently Allahabad High Court on 4 January
2011 struck down the policy terming it as unconstitutional.9

7 "Govt trying to befool minorities with quota: Sachar". 19 February 2012,

Retrieved 20 February 2012.
8 "HC Quashes Centre's 4.5% Sub-Quota for Minorities". 28 May 2012. Retrieved
28 May 2012.
29

The Allahabad High Court verdict was challenged in the Supreme Court through various
petitions namely Civil Appeal No.s 2608 of 2011, 2622 of 2011 and many others. The
Supreme Court on 27 April 2012, upheld the high court judgement. The bench consisting of
Justice Dalveer Bhandari and Justice Dipak Misra rejected the government's argument on the
ground that the it failed to furnish sufficient valid data to justify the move to promote
employees on caste basis.10
The apex court reiterated the law laid down through various judgements by the Constitution
benches in the M Nagaraj, Indra Sawhney and other cases wherein it was declared that
reservation in promotions can be provided only if there is sufficient data and evidence to
justify the need.11

9 "Promotion quota not legally sustainable: HC". The Times of India. 5 January
2011, Retrieved 10 August 2012.
10 "Supreme Court upholds High court's decision to quash quota in promotion".
The Times of India, 28 April 2012, Retrieved 10 August 2012.
11 "SC quashes quota benefits in promotions". The Hindu, 28 April 2012,
Retrieved 10 August 2012.
30

Conclusion
Finally, the weaker section themselves should understand that the time has come to face the
competition and challenges of globalization. They should bear in mind about the theory of
natural selection and survival of fittest of Charles Darwin. The recent controversy of
reservation of backward classes for higher education should be an eye opener.
They themselves should make an effort of avoiding reservational benefits and strive for open
competition. In fact, Ambedkar himself was not a supporter of reservation and he had stated
that it should cease to exist after 10 years of commencement of the Constitution. Probably, he
thought that on strict implementation of the policy, the secluded group would be brought at
par with others.
But unfortunately, its implementation in an effective way is eluding us even today. As a result
it led into two unwanted consequences: firstly, it had made the reserved community,
psychologically created divergence within the community and made them handicapped in
such a way that it would be quite difficult for them to regain the confidence for open
competition.
Moreover, the rigid socio-cultural structure may not encourage them for such competition.
Secondly, the youth of current generation of non-reserved community faces the stiff challenge
due to continuance of reservation policy. The ugly features of youth unrest and suicides
during implementation of Mandal Commission are some of the instances that can be recalled.
Had the policy been implemented strictly as per Act, probably reservation would not have
continued and there would have been a sense of homogeneity and we feeling among the
youths leading to rapid socio-cultural transformation than what it is today even after over 60
years of independence.
The poor and needy belonging to the non-weaker sections or upper castes are perhaps worst
sufferers of today. Because, though they are poor they are not classified as weaker sections
and not entitled for special protections and provisions except some assistance if they
belonged to BPL. Besides, they lack the power of organized revolution since they do not
constitute the group of pressure groups or in terms of vote bank group.
I believe that there should be reservation in the educational system of india. Due to which
they can also get good and higher education, but at the time of the jobs/ public service there
should be n reservation. A person has got almost 22 to 25 years benefit of reservation policy
and had completed his studies. Now he should stand on his own feets and should face the

31

competition in the market. They have got all the things which a person born in other cast has
got by now.
If government still wants to keep reservation policy then now it should not be based on caste
or class, it should be based on the annual income of the person. If the person is earning less
than he requires more money for his family and children and this thing he can get only by a
job or in public service. By this means only such persons can provide good education to their
children.
Judiciary has played great role in the reservation policy. The great example of this N
Nagrajans case, Ashok Kumar Thakor, and Indira Shawnays case. In this cases , supreme
court has given passing reference to the reservation on the SC & ST in jobs. But Supreme
court has said that reservation should not increase then 50% in any condition but in most of
North Eastern state this reservation is increased to 85% and still they have started a move to
increase it to the 95% and court is not taking any steps against it. By this way we can see that
judiciary is

also palying a role in increase of reservation for SC & ST.

Now days politicians are playing a major role in reservation policy.The reservation policy
was only for 10 years afer the independence, for upiftment of SC and ST but till now it is
continue and no one has taken any step to amend it or revise it or to change it. The reason
behind this is the population of SC and ST in country. Nearly 33% voting is done by SC and
ST so now if they make any change in the reservation policy against the SC and ST then they
have to suffer a lot for the same. So they are not taking any steps against the reservation
policy.
Now if you consider the theory of john rawles of justice then he has clearly said that starting
line should be / must be the same for all the Persons. By providing reservation in the
educational systems we are giving the same line to all the persons. He further also said that
by providing equality in education they are providing equal chance to start to all the persons
and further there is no need of reservation in service also.

32

REFERNCES
BOOKS:

Bakshi, P.M., The Constitution of India, Universal Law Publishing Co., New Delhi.

Basu, Durga Das, Introduction to the Constitution of India,20th Edition, Lexis Nexis,
Buttorworths Wadhwa Nagpur, Reprint 2010.

Basu, Durga Das, Shorter Constitution of India, Wadhwa and Company, Nagpur,
Reprint 2003.

Datar, Arvind P, Commentary on the Constitution of India, volume 1, 2nd edition,

Wadhwa Nagpur , (2007).

Jain, M. P., Indian Constitutional Law, 6th

Edition, Lexis Nexis, Buttorworths

Wadhwa Nagpur, (2010).

Seervai, H.M., Constitutional Law of India- A Critical Commentary, 4th Edition,

Universal Law Publishing Co. Pvt. Ltd., Delhi.

Shukla, V.N., Constitution of India, 11th Edition, Eastern Book Company, Lucknow,
(2008).

Swarup, Jagdish, Constitution of India, 2nd Edition, Volume- 3, Modern Law

Publication, New Delhi, (2008)

WEB ADDRESS:

www.lawmin.nic.in

www.loksabha.nic.in

www.scconline.co.in

www.indiaagainstreservation.org

https://en.wikipedia.org/wiki/Reservation_in_India

http://www.legalservicesindia.com/article/article/critical-analysis-onreservation-policy-in-india-1331-1.html

http://www.yourarticlelibrary.com/law/highlights-on-reservation-policy-inindia/39793/
33

34