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RESERVATION: 3% quota must for disabled people in all govt jobs including IAS: SC …

3% quota must for disabled people in all govt jobs including IAS: SC
RBI officer held in fake certificate case in Kandhamal
SC cancels Puducherry govt’s order denying quota to section of Scheduled Caste people
HC to UPSC: Stick to 3% quota for disabled
Supreme Court eases norms for SCs/STs’ promotions
Maharashtra okays 16% quotas for Marathas, 5% for Muslims
Govt panel favours OBC quota for transgenders
Transgenders socially, economically backward: SC
Hindu converted to Islam doesn’t lose backward class status: Madras HC
SC upholds Centre’s decision to include Jats in OBC
Government notifies Jat reservation, but OBC Commission raises red flag
Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014
Amendments in the Central List of Other Backward Classes for 13 States and three UTs
More … …

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RECENT ORDERS/CIRCULARS

> O.M. dated 14.08.2014 – Benefit of reservation to Ex-servicemen who apply for various examinations/vacancies before joining civil posts/services >>> Ex-Servicemen – Orders/Circulars
> DFS letter 28.07.2014 – Posting of Government employees who have differently abled dependents > O.M. dated 06.06.2014 – Posting of Government employees who have differently abled dependents >>> OBCs and PWDs
>
O.M. dated 15.07.2014 – Online collection of data on representation of SCs, STs and OBCs and Persons with Disabilities in Central Government Services 
>
DOPT O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 regarding lower qualifying marks, lesser standard of evaluation for SC/ST candidates for reservation in promotion is declared illegal. – SC Judgment dated 15.07.2014 – Rohtas Bhakhar & Others Vs. Union of India and Another >>> Court Judgments on Service Matters
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  O.M. dated 30.05.2014 – Revision of format for OBC Caste Certificate >>> Reservation for OBCs and PWDs – Orders/Circulars
* Hon’ble Supreme Court has, inter alia, directed the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.-  SC Judgment dated 15.04.2014 – National Legal Services Authority Vs. Union of Indian and others
* O.M. dated 31.03.2014 – Guidelines for providing certain facilities in respect of PWDs who are already employed in Government for efficient performance of their duties 
* O.M. dated 20.03.2014 – Computation of reservation- implementation of the judgment in the matter of Union of India Vs. National Federation of Blind & Ors (info to be furnished by 27.3.14)
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3% quota must for disabled people in all govt jobs including IAS: SC    Timesofindia.indiatimes.com
Sep 12, 2014
NEW DELHI: The Supreme Court on Friday held that three per cent reservation for disabled people be given in all categories of government jobs including in appointments and promotions to IAS, while pulling up the Centre for “blocking” the very purpose of this empowering legislation by opposing it. …

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RBI officer held in fake certificate case in Kandhamal    Freepressjournal.in
September 05, 2014
Phulbani (Odisha): A RBI officer was today arrested and sent to jail on charge of producing a fake caste certificate to get the job in Odisha’s Kandhamal district.
The officer is identified as Prasant Kumar Pradhan (58) of Bastangia village and was caught faking caste certificate after remaining in service for 36 years. …

SC cancels Puducherry govt’s order denying quota to section of Scheduled Caste people    Timesofindia.indiatimes.com
Aug 19, 2014
PUDUCHERRY: The Supreme Court cancelled two orders passed by the Puducherry government that extended reservation in employment, promotion, education and welfare to a section of Scheduled Caste (origins) in the Union territory saying they were not in consonance with the Presidential Order. …

HC to UPSC: Stick to 3% quota for disabled    Timesofindia.indiatimes.com
Aug 24, 2014
PUNE: The Bombay high court has directed the Union Public Service Commission (UPSC) and the central government to stick to the 3% reservation for candidates with disabilities. The preliminary civil services examinations will be held across the country on Sunday. …

Supreme Court eases norms for SCs/STs’ promotions    Timesofindia.indiatimes.com
Jul 20, 2014
NEW DELHI: The Supreme Court has revived relaxed standards for Scheduled Caste and Scheduled Tribe government employees in departmental competitive and promotion examinations. …

Maharashtra okays 16% quotas for Marathas, 5% for Muslims  Timesofindia.indiatimes.com
Jun 25, 2014
MUMBAI: In the wake of NCP president Sharad Pawar’s ultimatum to chief minister Prithviraj Chavan, the state cabinet on Wednesday approved a populist proposal with an eye on the ensuing assembly elections to provide 16% reservation for backward Marathas and 5 per cent for Muslims in education and government jobs. As a result, the total reservation will be 73 per cent. …

Govt panel favours OBC quota for transgenders  Hindustantimes.com
May 14, 2014
With the National Commission for Backward Classes (NCBC) recommending their inclusion in the central list of Other Backward Class, transgenders in India moved one step closer to getting reservations in jobs and educational institutions. …

Transgenders socially, economically backward: SC  Indiatvnews..com
15 Apr 2014
New Delhi: The Supreme Court Tuesday said that transgenders should be treated a third category and would be considered as socially and economically backward classes and as such entitled to job reservation. …  

Hindu converted to Islam doesn’t lose backward class status: Madras HC  Timesofindia.indiatimes.com
Apr 10, 2014
CHENNAI: The Madras high court has ordered the Tamil Nadu government to instruct its officials to issue backward class (BC) community certificates to people who embrace Islam, categorically saying that a BC member would get all the benefits meant for BCs even after conversion to Islam. …

SC upholds Centre’s decision to include Jats in OBC
April 09, 2014
New Delhi: In a major boost to the Congress-led UPA government at the Centre, the Supreme Court on Wednesday refused to put a stay on its notification to include Jats in central list of OBCs in nine states.
The apex court, while passing the order, said, “We are prima facie satisfied that there is material to take the decision to include Jats in the OBC category.” …   

Government notifies Jat reservation, but OBC Commission raises red flag   Dnaindia.com
8 March 2014
Even after facing vociferous opposition from Congress party’s Muslim leaders for extending poll eve reservations to Jats, the government on Friday went ahead notifying their inclusion in the central OBC list. The cabinet at a special meeting on Sunday had extended reservation facilities to Jats in nine states.  The notification mentions that Muslim Jats in Gujarat are also included in the central list, but in other states of Haryana, Himachal Pradesh, Madhya Pradesh, Uttarakhand, Uttar Pradesh, Bihar and Delhi, there is no mention of communal identity.

Jats get quota, Rahul doesn’t get his way on ordinances   Hindustantimes.com
March 02, 2014
President Pranab Mukherjee’s reluctance to support its ordinance route forced the cabinet on Sunday to drop its plan to sidestep Parliament to enact anti-corruption laws being pushed by Congress vice-president Rahul Gandhi. …

Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014
New Delhi, Feb 7, 2014
The Cabinet on 6 February, 2014 approved the proposal of the Department of Disability Affairs to incorporate amendments in the proposed Rights of the Persons with Disabilities Bill, 2014, which are:-

- Definition of person with disability in terms of interaction with barriers also;
- High support needs person enabled to take independent and inform decision also;
- Definition of low vision will be notified by the Government;
- The appropriate Government to take necessary steps to ensure reasonable accommodation for persons with disabilities;
- No person with disability will be discriminated on grounds of disability;
- Appropriate Governments to ensure that the persons with disabilities enjoy legal capacity on an equal basis with others, in all aspects of life to have equal rights as any other person before law;
- Recognizing legal capacity of person with disability, limited guardianship would be the norm, to enable the person with disability to take joint decision with legal guardian;
- Person with disability would also have the right to appeal against the decision of appointment of legal guardian;
- Disability Certificate to be valid across the country;
- Educational institutions funded and recognized will have to provide inclusive education for children with disability;
- The appropriate Governments to constitute to expert committee with representation of persons with disabilities for identification of posts for Government employment for persons with disabilities;
- Review period shortened from 5 years to 3 years in case of identified posts;
- 5 per cent vacancies reserved for persons with disabilities will be computed against the total number of vacancies in the cadre strength;
- National Commission and State Commission will have power to exempt any post in an establishment from the purview of reservation for persons with disabilities;
- For greater coverage and employability in Government sector, the appropriate Governments to prescribe relaxation for upper age limit for employment of PwDs;
- National Commission shall formulate and enforce regulations.
(Source: pib press release)


Amendments in the Central List of Other Backward Classes for 13 States and three Union Territories
New Delhi, Jan 30, 2014
The Union Cabinet today gave its approval for making amendments in the Central List of Other Backward Classes (OBCs) in respect of 13 States (Andhra Pradesh, Bihar, Goa, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Tamil Nadu, Uttarakhand, Uttar Pradesh and West Bengal) and three Union Territories (Chandigarh, Delhi and Puducherry) by way of inclusion / correction / deletion of castes/communities according to  advices received from the National Commission for Backward Classes (NCBC). The amendments will notify 115 changes recommended by the NCBC.
The proposed changes will enable persons belonging to these castes/communities to avail benefits of reservation in government services and posts as well as in central educational institutions according to existing policy. They will also become eligible for benefit under various welfare schemes, scholarships, etc. being administered by the Central Government, which are at present available to persons belonging to the OBCs.
Background:
The NCBC was set up in pursuance to the Supreme Court judgement in the Indira Sawhney case.   As per the NCBC Act 1993, Section 9 (“Functions of the Commission”) states that:-
i.    The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate and;
ii.    The advice of the Commission shall ordinarily be binding upon the Central Government.”
The NCBC has been tendering advice to the Central Government from time to time. A total of 30 Notifications have been issued so far and till date, a total of 2343 “entries” (an “entry” means a caste, including its synonyms, sub-castes etc.) have been notified in the Central list of OBCs for 24 States and six Union Territories. The last such notification was issued on 08.12.2011. Since then, many more advices for inclusion/ deletion of castes/ communities and correction in the existing list of OBCs, have been received from the NCBC.
(Source: pib press release)
More: Brochure on Reservation for SCs, STs and OBCs, 2014 >> Click here.

58 Communities Have Been Proposed by 7 States for Inclusion in Scheduled Tribes List
New Delhi, Jan 30, 2014
The government has received proposals from seven states for inclusion of 58 communities in Scheduled Tribes list by December 2013. Highest number of 39 communities have been proposed by Assam followed by Sikkim with 11 communities and Jharkhand with 4 communities. Proposed the government after due examination has referred the proposals to Registrar General of India.
The approved modalities for deciding claims for inclusion in, exclusion from and other modifications in the orders specifying Scheduled Castes and Scheduled Tribes lists are only those proposal which have been recommended and justified by the concerned State Government/UT Administration and concurred with by the Registrar General of India (RGI) and the National Commission for Scheduled Tribes (NCST) are considered for amendment of the legislation.
(Source: pib press release)   

SC tells government to decide on post reservation in AIIMS   Zeenews.india.com
January 16, 2014
New Delhi: The Supreme Court Thursday said it was for the central government to decide whether there should be reservation for Scheduled Castes and Scheduled Tribes in super speciality posts in the All India Institute of Medical Sciences (AIIMS) as the court declined to revisit its July 2013 judgment. …

Parties in Punjab decry exclusion of Jat Sikhs from reservation  Thehindu.com
Dec 25, 2013
The recent move by the Union government to provide reservation to the Jat community in Central government jobs under the Other Backwards Classes quota has created ripples in Punjab’s fragile political scenario, as “Jat Sikhs” do not figure in the proposal. …

HC tells central govt offices to verify details for caste validity   Indianexpress.com
Dec 05 2013
In a bid to regulate caste validation of central government employees, the Bombay High Court last month had directed central government offices to give details of the caste verification of their employees recruited in SC/ST category. These offices have been asked to file an affidavit by February 10, 2014. …

HC stays verdict on plea against quota in jobs  Indianexpress.com
Nov 27 2013
The Allahabad High Court Tuesday reserved its judgment on a petition demanding that reservation to Other Backward Classes (OBCs) and Scheduled Castes (SCs) in state government jobs should be stopped as these categories were already well-represented in these jobs.
A single judge bench of Justice Sudhir Agrawal reserved the judgment after conclusion of arguments of both the parties. …

‘Bandbaja’ stir at social justice minister Shivajirao Moghe’s residence Timesofindia.indiatimes.com
Oct 31, 2013
YAVATMAL: OBC Sanghatna has proposed to stage a dharna at the residence of social justice minister Shivajirao Moghe on Saturday to protest against the anti-OBC attitude of the state government.

Centre not keen on including jat ‘gotras’ in OBC list  Timesofindia.indiatimes.com
Oct 29, 2013
NEW DELHI: The Centre has urged Haryana to withdraw its note which said even the ‘gotras’ allied to Jat community should be considered for OBC tag, a demand that has further complicated the seemingly intractable issue and threatens to upset the Congress’s political deadline. …

Levelling the playing field  Thehindu.com

Oct 16, 2013

The latest Supreme Court ruling on the rights of persons with disabilities has struck down an arbitrary proviso in current government policy that had become an impediment in the mandatory reservation of three per cent of jobs for this important section of the population. In disposing of an appeal from the Union of India, the court has pronounced that the quota should be computed uniformly across all grades of employment, thereby removing a discrepancy in the 2005 government order. …

Supreme Court orders Centre and states to implement 3% quota for disabled  Timesofindia.indiatimes.com

Oct 9, 2013

NEW DELHI: In a landmark order, the Supreme Court on Tuesday prised open significant employment opportunities for the disabled by directing the Centre and states to implement within three months an 18-year-old law mandating 3% reservation for such persons in government jobs. …

More: SC Judgment dated 08.10.2013 – Union of India & Ors. Vs. National Federation of the Blind & Ors.

Khaps oppose inclusion of jats in OBC list  Timesofindia.indiatimes.com

Oct 7, 2013

NEW DELHI: Heads of Khap panchayats of several states were among hundreds of people belonging to Other Backward Castes who assembled at Jantar Mantar on Saturday to protest against the recent government proposal to include Jats in the central OBC list and give them the benefit of reservation. …

UP govt restrained from giving reservation to ‘adequately represented’ classes

Oct 3, 2013

ALLAHABAD: Allahabad High Court today restrained the Uttar Pradesh government from providing reservation facility to “adequately represented” classes in recruitment of close to 40,000 constables in the civil police, the Provincial Armed Constabulary and the fire service. …

AIIMS told to appoint on quota  Times of India

Sep 12, 2013

NEW DELHI: Following an uproar in Parliament in the recent session, the health ministry has asked AIIMS to continue with reservation in appointments to faculty posts, contrary to a apex court judgment. …

Govt draws flak over delay in quota for faculty in AIIMS  Times of India

Sep 4, 2013

NEW DELHI: Political parties, including JD(U), SP, BSP and DMK, on Tuesday lodged a strong protest against the government’s slow response in bringing the Constitutional amendment bill to negate a Supreme Court order against reservation for faculty in super speciality section in the AIIMS. …

Govt files review petition against SC order rejecting caste-based quota in AIIMS  Times of India

Aug 15, 2013

NEW DELHI: The government on Wednesday filed a review petition in the Supreme Court against the July 19 judgment in which the apex court blocked caste-based reservation in faculty appointments in All India Institute of Medical Sciences (AIIMS) and other super specialty hospitals. …

SC order on reservation gets flak in Lok Sabha  Hindu

Aug 5, 2013

The recent Supreme Court judgement on reservation on Monday came in for criticism in the Lok Sabha with members claiming that it would hit hard 80 per cent population of the country comprising SC, ST and Backwards.

The judgement disallowing reservation in promotion in the faculty of AIIMS also saw members expressing concern over the erosion of Parliament’s supremacy and demanding urgent amendment to the Constitution to annul the apex court verdict. …

Khan revives minority sub-quota bid, wants entire 4.5% for Muslims  Times of India

Aug 5, 2013

NEW DELHI: Minority affairs Rahman Khan has argued that 4.5% reservation for minorities, which has been struck down by a court, can be revived by narrowing its focus to Muslims.

In a note to Congress vice-president Rahul Gandhi, the minister said the sub-quota of 4.5% for minorities under the 27% OBC reservation hit the roadblock because it smacked of being a religious quota aimed at minorities. …

Revision of Income Criterion to exclude Socially Advanced Persons/Sections (Creamy Layer) from list of other Backward Classes (OBCs)

May 16, 2013

The Union Cabinet today gave its approval for increase in the present income criterion of Rs. 4.5 lakh per annum for applying the Creamy Layer restriction throughout the country, for excluding Socially Advanced Persons/Sections (Creamy Layer) from the purview of reservation of Other Backward Classes (OBCs).

The new income criterion will be Rs. 6 lakh per annum. The increase in the income limit to exclude the Creamy Layer is in keeping with the increase in the Consumer Price Index and would enable more persons to take advantage of reservation benefits extended to OBCs in government services and admission to central educational institutions.

This would bring about equity and greater inclusiveness in society. The Department of Personnel and Training and the Ministry of Human Resource Development would issue necessary orders to this effect.
(Source: pib press release)

Reservation for Physically Handicapped Persons

New Delhi, May 07, 2013

Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995 stipulates “Disability” means-

(i) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;

As per Section 2 (t) of the PwD Act, persons with disability means a person suffering from not less than forty percent (40 percent) of any disability as certified by a medical authority.

As per Section 33 of the PwD Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-

(i) Blindness or low vision;
(ii) Hearing impairment;
(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

As per Section 39 of the PwD Act, 1995, all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities.

Government has issued instructions that such persons should be provided reservation in all Groups of identified posts in the matter of direct recruitment and in Group ‘C’ and ‘D’ posts identified in the matter of promotion. Vide O.M. dated 26th December, 2012, Government has issued instructions to ensure that Persons with Disabilities (PwDs) get a fair opportunity in consideration for appointment to an identified post

The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the PwDs.

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Lok Sabha today.
(Source: pib press release)

Inclusion of Caste in SC List

New Delhi, May 07, 2013

Rajak [not Rajak (Washerman)] has been specified as a Scheduled Caste in relation to the State of Bihar.

The Government of Madhya Pradesh vide their letter dated 14.07.2006, had recommended notification of Rajak (Dhobi) caste as a Scheduled Caste throughout the State of Madhya Pradesh. The proposal was processed in accordance with the approved modalities. The observations of the Registrar General of India (RGI) in the matter have been communicated to the Government of Madhya Pradesh vide this Ministry`s letter dated 08.03.2007, for appropriate action at their end.

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Lok Sabha today.
(Source: pib press release)

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