Reservation in promotions- Compliance with Supreme Court judgment for effecting reservations in the matter of promotions by all departments of the Central Government: DoP&T clarification vide Railway Board RBE No. 147/2023 dated 21.12.2023
Government of India
Ministry of Railways
(Railway Board)
RBE No. 147/2023
No.2018-E(SCT)I/25/9
New Delhi, dated 21.12.2023
The General Managers (P),
All Indian Railways
& Production Units.
Sub:- Reservation in promotions- procedure to be followed prior to effecting reservations in the matter of promotions by all departments of the Central Government.
Ministry of Personnel, Public Grievances & Pensions (Deptt. of Personnel & Training) vide ID Note No. 36028/3/2022-Estt(Res.I) dated 21.11.23 has issued certain clarification, in reference to Secretary Directorate’s ID Note No ERB-I/2023/14/32(E) dated 07.11.23. The operative part of the said clarification is quoted as under:
“In this regard, it is stated that in Sabharwal judgment, Hon’ble Supreme Court has stated that reserved category candidates can compete for non-reserved post and in the event of appointment to the said post their number cannot be added or taken into consideration for working out the percentage of reservation. The aforesaid instructions were reiterated by the Hon’ble Supreme Court in Jarnail Singh judgment.
“… … However, as stated by the Hon’ble Court, so long as the instructions/Rules providing certain percentage of reservations for the backward classes are operative, the same have to be followed and despite any number of appointment/promotees belonging to the backward classes against the general category posts, the given percentage has to be provided in addition.”
“Ministry of Railways is therefore advised to follow the Hon’ble Supreme Court judgements in cases of R K Sabharwal and Jarnail Singh i.e. reserved category candidates can compete for non-reserved post and in the event of their appointment to the said post, their number cannot be added or taken into consideration for working out the percentage of reservation”.
The above quoted clarification of DOP&T may please be brought to the notice of all concerned for information and strict compliance.
Sd/-
(Manoj Kumar)
Exec. Dir./Estt.(Resvn.)
Railway Board
Tele No. 011-23047176
Mail Id: ederes.rb[at]gmail.com
COMMENTS