Can Reserved category candidates who are appointed/promoted on their own merit be adjusted against unreserved quota?

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

UNSTARRED QUESTION NO 1633

ANSWERED ON 22.08.2012

SC ST QUOTA

1633 . Shri SURESH KUMAR SHETKAR

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether candidates belonging to the SC and ST categories who qualify against open seats for promotion cannot be adjusted against vacancies earmarked for the SC/ST quota;

(b) if so, the details thereof;

(c) if not, the reasons therefor; and

(d) the steps being taken to give justice to the SC/ST candidates in this regard?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a) to (d): The Supreme Court in the matter of R.K. Sabharwal v/s. State of Punjab has held that reserved category candidates who are appointed/promoted in Government jobs on their own merit shall be adjusted against unreserved quota and reservation quota vacancies shall be filled in addition to the above. The Central Government has been following the principle laid down by the Supreme Court.