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RESERVATION: UGC tells universities to put controversial quota system for teachers on hold; No interim order against ruling on ‘creamy layer’ in promotions: apex court …

UGC tells universities to put controversial quota system for teachers on hold
No interim order against ruling on ‘creamy layer’ in quota for SC, ST govt. staff in promotions: apex court
SC/ST quota in promotions also applies to states: Centre
Supreme Court allows quota in SC/ST employees’ promotion until Constitution bench adjudicates on issue
In a first, plea in apex court seeks SC/ST creamy layer’s exclusion from quota
Rajasthan House passes quota Bill for Gujjars and four other castes
More …

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UGC tells universities to put controversial quota system for teachers on hold

The move to stop the department-wise distribution of quota comes after a meeting of NDA constituents with the PM.
Theprint,in
July 20, 2018
New Delhi: The ministry of human resource development Wednesday asked the University Grants Commission (UGC) to put on hold its new quota plan for teachers till the Supreme Court issues its verdict in the matter. The court will take up the case Friday. …

No interim order against ruling on ‘creamy layer’ in quota for SC, ST govt. staff in promotions: apex court

Thehindu.com
July 11, 2018
The Supreme Court on Wednesday indicated that a seven-judge Bench may be constituted to examine whether a 2006 judgment by a five-judge Bench of the court interrupted the grant of quota in promotions.
A three-judge Bench led by Chief Justice of India Dipak Misra scheduled a batch of over 40 petitions on the question of referral to a seven-judge Bench on August 3. …

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SC/ST quota in promotions also applies to states: Centre

Timesofindia.indiatimes.com
Jun 14, 2018
NEW DELHI: The personnel department will issue a direction to all states to follow reservation for SC/STs in promotions in government jobs, Union minister Ram Vilas Paswan said on Wednesday, announcing a decision taken by an informal group of ministers.
Paswan said the Supreme Court’s nod to the Centre to resume quotas in promotions will be applicable to government jobs at the Centre and in states. “There was some confusion following queries as to whether the SC’s direction will be applicable only to the Central government. There is no confusion now. Both the Centre and states will follow the procedure of reservation in promotion,” the minister said. …

Supreme Court allows quota in SC/ST employees’ promotion until Constitution bench adjudicates on issue

Timesofindia.indiatimes.com
Jun 5, 2018
NEW DELHI: The Supreme Court (SC) today permitted the Centre to provide reservation in promotion for SC/ST employee as per law until the issue is adjudicated by its Constitution bench. At the same time, the SC didn’t clarify which law to follow.
The Centre told the bench that it was bound to give promotion to its employees, and that promotion has virtually come to a standstill after orders passed by various high courts. …

In a first, plea in apex court seeks SC/ST creamy layer’s exclusion from quota

Thehindu.com
January 29, 2018
The Supreme Court will hear a petition to exclude the affluent members, or the creamy layer, of the Scheduled Castes and Scheduled Tribes from the benefits of reservation.
A Bench, led by Chief Justice of India Dipak Misra, will hear the petition, which argues that the rich among the SCs/STs are “snatching away” the benefits, while the deserving and impoverished continue to “bite the dust.” It is this lack of percolation of benefits to the poor and really backward among these communities that has led to social unrest, Naxalite movement and perennial poverty, it says. …

Rajasthan House passes quota Bill for Gujjars and four other castes

However, the Bill, tabled by the Vasundhara Raje government on Wednesday, also increases the current 49 per cent reservation to 54 per cent, exceeding the 50 per cent limit set by the Supreme Court 
Indianexpress.com 
Oct 27, 2017
The Rajasthan Assembly on Thursday passed a Bill which grants 5 per cent reservation to Gujjars and four other castes in the state, amid concerns raised even by BJP MLAs. The Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointment and Posts in Services under the State) Bill, 2017, seeks to increase the Other Backward Classes (OBC) quota from 21 per cent to 26 per cent by creating a section for More Backward Classes for Banjara, Gadiya Lohar, Gujjar, Raika and Gadariya castes. …

Panel to examine splitting of OBCs

Timesofindia.indiatimes.com 
Oct 3, 2017
NEW DELHI: Former Delhi high court chief justice G Rohini has been appointed to head a commission to examine the proposal for sub-categorisation of Other Backward Classes (OBCs), an issue with significant political ramifications. The commission’s members include J K Bajaj, director of the Centre for Policy Studies, Chennai.
On Monday, the President gave his nod to the panel, which will seek to ensure the most backward get the benefits of reservation. …

Panel to split OBCs into sub-categories

Timesofindia.indiatimes.com 
Aug 24, 2017 
NEW DELHI: The government is set to constitute a commission to examine how the Central list of OBCs can be divided into sub-groups, an act that appears to be a BJP move to win over the “most backward castes” by addressing their grievance of “inequitable” distribution of Mandal reservation benefits.
The Union Cabinet on Wednesday approved the setting up of a commission for sub-categorisation of OBCs. …

OBC reservation: ‘Creamy layer’ bar may be raised to Rs 8 lakh/annum

Timesofindia.indiatimes.com
Aug 21, 2017
NEW DELHI: A ministerial panel is learnt to be taking a final look at a proposal which seeks to raise the income bar defining “creamy layer” for OBC reservation to Rs 8 lakh per annum. The Cabinet note sent by the social justice ministry has been lying with the government for nearly one year and is in the final stages of approval.
According to those in the know, it has been referred to a Group of Ministers for a second view before being sent to the Cabinet for government assent. …

Gavel
(Representative Photo)

Those found using fake caste certificate for education or employment will lose degree, job: Supreme Court

Timesofindia.indiatimes.com
Jul 6, 2017,
NEW DELHI: The Supreme Court on Thursday said anyone found guilty of using a forged caste certificate for getting education and employment will lose their degree and their job.
In addition, they will also be punished, said the top court.
In the case of employment, the top court said it doesn’t matter how long a person has held their job. …

More:  SC Judgement dated 06.07.2017 – Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors.  >>> Court Judgements on Service Matters

Lok Rakshak candidates forge caste certificates, six arrested

Timesofindia.indiatimes.com
Mar 17, 2017 
Vadodara: Six persons including five candidates, who had applied as Lok Rakshak in police force were arrested for allegedly forging caste certificates. Two other candidates are absconding. …

Man held for using fake certificate to claim job

Thehindu.com 
February 16, 2017
The Regional Office of the Civil Rights Enforcement Cell, Belagavi, has registered a criminal case against Sanjeev, son of Nagaraj Alur of Shivanand Nagar in Dharwad, for using a fake caste certificate to claim a government job, besides educational and monetary benefits. …

Gavel
(Representative Photo)

Brahmin adopted by SCs can get quota job, says Punjab and Haryana HC

Timesofindia.indiatimes.com
Feb 23, 2017
CHANDIGARH: Can a person avail the benefits of reservation under Scheduled Caste (SC) if he was born a Brahmin but was adopted and brought up by SC parents? In an order that will have wide-ranging ramifications, the Punjab and Haryana high court has held that such a person cannot be denied a government job under the reserved category. …

The Supreme Court is examining the “creamy layer” criteria used in civil service

Barandbench.com
Dec 02, 2016
The government’s reservation policies, including how the benefactors are identified, is up for scrutiny in the Supreme Court of India. On Monday, J Chelameswar and Prafulla Pant JJ issued notice in a batch of petitions challenging the Department of Personnel and Training (DoPT) policies on identifying the “creamy layer” within Other Backward Classes.
x  x  x
Along with issuing notice, the bench also noted that selections made under the OBC category in the UPSC Civil Service Examination of 2015 would be subject to the “final result” of these petitions. …
See related DoPT O.M. >>> DoPT O.M. dated 20.12.2016-Supreme Court Order dated 28.11.2016 in WPs filed by Jogindher G. and Ors. etc. Vs. UOI & Ors. etc. (Creamy Layer of OBCs)

Karnataka government mulls 70% quota for Dalits

Timesofindia.indiatimes.com
Dec 11, 2016
Hubballi: The Karnataka government is mulling 70% quota for Dalits and backward classes. Addressing the Madigara Maha Samavesh here on Sunday, CM Siddaramaiah said that Tamil Nadu has already provided 69% reservation for SCs and STs, adding that the state will consult legal experts to make amendments to the existing laws and put forth a resolution in the next Assembly session. …

Gavel
(Representative Photo)

Rajasthan High Court strikes down Gujjar reservation

Indianexpress.com 
The court pointed out several flaws in the SBC reservation while saying that the ceiling of 50 per cent can be exceeded in exceptional cases.
December 10, 2016
The Rajasthan High Court on Friday struck down five per cent reservation for Gujjars and four other castes under the Special Backwards Classes (SBC) category, underlining that reservation should not be provided “to achieve political goals”.
“Five castes (Gujjars, Banjaras, Gadarias, Raikas and Gadia Lohars), earlier falling in the category of OBCs and getting benefit of reservation, have been brought in the category of SBCs to provide five per cent reservation exceeding the ceiling of 50 per cent,” the court said. “…it is not that the Gujjars/Gurjars and others were having no representation either for admission in the educational institutions or in services.’’ …

Cabinet approves inclusion/amendments in the Central List of Other Backward Classes notified in respect of 8 States

Nov 30, 2016
“The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval to notify inclusion/Amendments in the Central List of Other Backward Classes notified in respect of States of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand.
On the recommendation of the National Commission for Backward Classes (NCBC), a total of 2479 Entries for inclusion, including its synonyms, sub-castes, etc. in the Central List of Other Backward Classes have been notified in 25 States and 6 Union Territories. The last such notification was issued till September, 2016. Meanwhile more advices for inclusion of castes/communities and corrections in the existing list of OBCs for the State of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand have been received from NCBC. Accordingly, a total of 28 changes recommended by NCBC in respect of 8 states including Jammu and Kashmir (15 new entries, 09 synonyms/sub-castes and 04 corrections) have been notified.
The changes will enable the persons belonging to these castes/ communities to avail the benefits of reservation in Government services and posts as well as in Central Educational Institutions as per the existing policy. They will also become eligible for benefit under the various welfare schemes, scholarships etc. being administered by the Central Government, which are at present available to the persons belonging to the Other Backward Classes.
Background
The NCBC was set up in pursuance to the Supreme Court judgement in the Indra Sawhney case as per the NCBC Act 1993. Section 9 (“Functions of the Commission”) of the NCBC Act 1993 states as under:
(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.
(ii) The advice of the Commission shall ordinarily be binding upon the Central Government.”
(Source: pib website)

10% reservation for poor in govt jobs to continue

College Campus
College Campus (Representative Photo from Pixabay)

Government plans to introduce quota for faculty at IIMs

Timesofindia.indiatimes.com
Sep 16, 2016
AHMEDABAD: Union HRD Ministry has proposed to introduce reservation in teaching positions at Indian Institutes of Management (IIMs) and will hold talks with the chiefs of these premier B-schools in this regard. …

Are meritorious SC, OBCs being short-changed?

Timesofindia.indiatimes.com 
Jul 29, 2016
NEW DELHI: The national commission for SCs is examining if the Centre is using the concessions given to Dalits and backwards to appear in examinations as the basis to classify them as “reserved candidates” irrespective of merit. …

State not bound to give reservation in promotion to SC,ST: Supreme CourtSupreme Court: 3 per cent quota for disabled must in all posts

Indianexpress.com
July 04, 2016
The court was ruling on two petitions which challlenged this policy in recruitment to state-run Prasar Bharati. S K Rungta, the only visually impaired senior counsel in the country, led the legal challenge.
QUASHING THE central government’s earlier orders on restricting reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has ruled that three per cent reservation shall be provided to them in all posts and services under the Government of India. …

State not bound to give reservation in promotion to SC, ST: Supreme Court   

Hindustantimes.com  
Mar 11, 2016
The state is not duty-bound to give reservation in promotion to Scheduled Caste and Scheduled Tribe employees, the Supreme Court said on Friday. …

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