Master Circular No.51 : Part-V : Definitions of Terms Used In Policy Of Reservation For SC/ST In Railway Services

Part-V : Definitions of Terms Used In Policy Of Reservation For SC/ST In Railway Services

Definitions	Recruitment Year / Selection Year
Definitions	Single Vacancy
Definitions	Carry Forward
Definitions	Exchange Of Vacancies
Definitions	Review
Definitions	De-reservation

(1)    Recruitment Year/Selection Year :

(i)     Under Reservation Rules, Recruitment Year is the Financial Year i.e. from1st April to 31st March, which is determined from the date of the panel in Selection Posts, and from the date of promotion in Non-Selection Posts where no list is published. This is used for carry forward purposes and is shown in column No. 3 of Roster.

[Authority: No.E(SCT)63 CM 15/16, 06.10.1964]

(ii)    Recruitment Year is determined from the date of panel / select list, which is shown in column No. 9 of Roster.

[Authority: No.78-E(SCT) 15/20, 12.07.1978 & No.84-E(SCT)27/1, 29.05.1984]

(iii)   Where panel/select list is not issued, then Recruitment Year is determined from the date of recruitment or promotion, which is shown in column No.7 of Roster.

(2)  Single Vacancy :

The vacancies for Selection or in Non-Selection Posts are assessed / determined as per rules. In case of assessment of vacancies, if only one vacancy comes in a year then it is called case of “single vacancy” in a Recruitment Year.

(i)  In case of initial-Recruitment Year, if there is “single vacancy” falling at reserved point (without any previous carry forward), then this single vacancy shall be treated as “unreserved” and shall be filled up by the candidate as per merit-cum-seniority and in case that candidate is from general community then reserved quota shall be carried forward and to be filled up in next recruitment year by reserved community candidate. No carry forward is made in case candidate who has been promoted belongs to reserved community for whom that point was reserved.

[Authority: No.74-E(SCT) 15/20, 09.07.1975]

(ii)  In case single vacancy arises in a Recruitment Year and there is already carry forward in the Roster then even in initial-Recruitment Year, that “single vacancy” can be treated as “Reserved”.

[Authority: No.81-E(SCT) 15/102, 07/11.04.1984]

(3)  Carry Forward :

Carry forward is shifting of reservation of reserved points to unreserved point.

(i)  In Group C and D services/posts, if sufficient number of candidates of the communities, for whom the reservation is made, are not available for appointment/ promotion, the vacancies remaining unfilled shall be treated as unreserved after following the prescribed procedure of de-reservation, and carried forward to three subsequent recruitment / selection years, and in the third subsequent recruitment year, exchange is considered, which is determined after ignoring the years in which either no recruitment/ selection takes place or no reservation could be made for SC/STs because of a single vacancy treated as unreserved.

[Authority: No.E 55 CM 1/3, 05.10.1955, No.E(SCT)70CM 15/10, 20.04.1970 (3 years of carry forward)

& No.E(SCT)74 CM 15/25, 20.08.1974]

(ii)    (a)    In the case of promotion by selection to Group B and the lowest rung of Group A, there will be no carry forward except in case of single vacancy. However, in case of promotions to Group B, based on Limited Departmental Competitive Examination, the reserved vacancies remaining unfilled shall be treated as unreserved after following the prescribed procedure of de-reservation and carried forward to three subsequent recruitment / selection years.

[Authority: No.E(SCT)73 CM 15/13, 17.08.1974, No.82-E(SCT)41/60, 05.05.1982]

(b)    In the case of promotion by selection to Group B and the lowest rung of Group A, the single vacancy shall be carried forward only to one subsequent selection/ recruitment year, when situation arising, the vacancy may be exchanged between Scheduled Castes and Scheduled Tribes.

[Authority: No.74-E(SCT) 15/20, 09.07.1975 & No.81-E(SCT)15/102, 22.01.1982]

(c)    In case of promotion in Group A, B, C and D based on seniority-cum-suitability basis, carry forward system is allowed to next three subsequent recruitment years.

[Authority: No.E(SCT)72 CM 15/5, 11.01.1973]

(d)    If a single vacancy falls at a reserved point in initial year and was treated as unreserved but is filled by Scheduled Caste / Scheduled Tribe candidate, for whom it is reserved on the basis of his / her own merit or seniority, then it need not be treated as unreserved and reservation should not be carried forward, but if filled up by others then carry forward is to be made.

(iii)  The year(s) in which recruitment/ selection does not take place, is not to be taken into account for the purpose of calculating three years limit of carried forward. In third subsequent recruitment year, Exchange is to be made. The year in which there is only single vacancy, is also not to be taken into account for determining the third subsequent recruitment year.

[Authority: No.E(SCT)63 CM 15/16, 06.10.1964, No.E(SCT)74 CM 15/25, 20.08.1974 &

No.78-E(SCT) 15/20, 12.07.1978]

(iv)   In any selection year, the number of normal reserved vacancies and the carried forward reserved vacancies together in case of promotions shall not be exceeded 50% of the total number of assessed vacancies and surplus over 50% limit is to be carried forward. In case of Direct Recruitment, the 50% limit will apply only on the current vacancies and not on carried forward vacancies.

[Authority; No.E(SCT)63 CM 15/16, 06.10.1964, No.79-E(SCT)15/83(Pt. IV), 03.01.1981,

No.82-E(SCT)39/2, 29.04.1982 & RBE No.131/1989, No.89-E(SCT)I/27/1, 17.05.1989]

(v)    The oldest carried forward vacancies should be utilised first as far as possible because if there is carry forward of ST quota and fresh quota is for SC but ST candidate is not available and SC candidate is available, then there is no harm to reserve the quota as per fresh quota for SC instead of old-quota for ST.

[Authority: No.E 55 CM 1/3, 05.10.1955 & No.82-E(SCT)2/5, 18.02.1982]

(vi)   The surplus above 50% shall be carried forward to the subsequent year of promotion subject to the condition that the carried forward vacancies have not become time-barred, due to their becoming more than three years old.

[Authority: No.E(SCT)63 CM 15/16, 06.10.1964, No.E(SCT)70CM 15/10, 20.04.1970,

No.E(SCT)74 CM 15/29, 05.08.1974 & No.82-E(SCT) 39/2, 29.04.1982]

(4)  Exchange of Vacancies :

(i)  Exchange is the system of filling SC’s reserved quota vacancy with ST candidate or ST’s reserved quota vacancy with SC candidate. This exchange is made in Group B selection post in the same selection, and in all other cases exchange is made in third subsequent Recruitment Year.

(ii)  Necessity of exchange arises when the candidate of one reserved community does not become available up to next third selection or if available, but failed despite of applying all relaxation and concessions, and their reserved quota vacancy could not be filled up by that particular reserved community candidate, then efforts should be made to take other reserved community candidate to fill up that reserved vacancy.

(iii)  This exchange is to be made in third subsequent Recruitment Year itself because after third subsequent Recruitment Year, that particular carry forward reserved quota becomes “lapsed”.

[Authority: No.E(SCT)70 CM 15/10, 20.04.1970, No.82-E(SCT)20/5, 18.02.1982,

No.E(SCT)70 CM 15/13, 17.08.1 974 & No.E(SCT)74 CM 15/29, 05.08.1974]

(iv)  For example, the oldest carried forward SC’s quota matured for exchange, should be exchanged first by ST’s and ST’s fresh quota be filled up by ST candidate after that exchange. Same should be done for ST’s quota matured for exchange with SC candidate.

[Authority: No. 82-E(SCT)20/5, 18.02.1982]

(v)    As per latest instructions issued under Board’s letter No.89-E(SCT)I/49/5(Pt.), 16.6.1992 [RBE 97/1992], the reserved quota is determined as per 15% for SCs and 7.5% for STs on strength, so Exchange should be made as per rule to wipe out the deficiency.

(5)    Review :

(a)    Review of performance of tailed SC/ST candidates is made by the competent authority where reserved quota vacancy remains unfilled or the senior SC/STs are superseded by juniors. However, where the reserved quota has been filled by a junior reserved candidate superseding a senior reserved candidate, there is no need for putting up the case for review to the competent authority. Only after review, proposal for de-reservation should be processed.

[Authority: No.82-E(SCT)15/104, 17.04.1982 &

RBE No.301/1985, No.82-E(SCT)15/104, 07.11.1985]

General Managers may enhance the marks of SC/ST candidates as he deems fit in case of SC/ST candidates who may not otherwise find a place on the panel.

[Authority: No.E(SCT)74 CM 15/35, 05.11.1974]

(b)    In case of best amongst failure scheme in Non-Safety Posts, review of six-monthly working report of that candidate is to be made. Only if working report is considered satisfactory, then only that SC/ST candidate is allowed to continue.

[Authority: No.E(SCT)74 CM 15/34, 31.08.1974 & No.82-E(SCT)15/104, 17.04.1982]

(c)    In case SC/ST candidate who is considered for in-service training for six months under best amongst failure scheme but allowed to continue for more than six months without review, the candidate will be deemed to have completed the in-service training satisfactorily. It should, therefore, be ensured that review should be timely made to avoid such a situation and any further complication.

(6)   De-reservation :

(i)  All efforts should be made to fill up reserved quota vacancies. However, when a suitable candidate, from the community in whose favour vacancy has been reserved, is not available or, if available, but could not qualify the election/test to fill up that reserved vacancy, then question of de-reservation arises. Filling the reserved vacancy by other community candidate is called “de-reservation”. De-reservation can be resorted to only in case of promotion category post.

(ii)  De-reservation in recruitment category posts is completely banned. Reserved posts remaining unfilled in the recruitment categories must be kept vacant and efforts should be made to fill up such posts only by the reserved community candidates.

[Authority: RBE No.131/1989, No.89-E(SCT)I/27/1, 17.05.1989]

(iii)  The authority to approve de-reservation is as under:-

(a)  General Manager – In case of promotion in technical and operating categories in Group ‘C’ and Group ‘B’.

(b)  Railway Board – In case of promotion in non-technical and non-operating categories in Group ‘C’ and Group ‘D’.

(c)  Railway Board – In case of promotion to all Gazetted posts, a reserved post cannot be filled up by a reserved community candidate on account of the prescribed percentage having already been achieved in the cadre.

[Authority: No.82-E(SCT)15/Misc/1, 20.03.1982, No.E(SCT)66 CM 4/1, 17.01.1978 &

RBE No.183/1988, No.87-E(SCT)I/72/1, 06.09.1988]

(iv)   De-reservation approval is to be obtained in recruitment as well as in promotion by selection or by test, both in Selection Post as well as in Non-Selection Post. But in case of ad hoc promotion, no need to obtain de-reservation approval.

[Authority: No.83-E(SCT)23/1, 10.09.1983]

(v)  Railway Board have prescribed proforma for de-reservation which is filled up correctly and its four copies are to be sent to Railway Board.

[Authority: No.79-E(SCT)15/103, 27.05.1980 &

RBE No.54/1985, No.84-E(SCT)74/1, 20/23.02.1985]

(vi)  For obtaining de-reservation approval from Railway Board, the GM/AGM should approve the de-reservation proposal, which should be duly vetted by SPO (RP). It should be indicated in the proforma itself.

[Authority: RBE No.295/1987, No.87-E(SCT)I/27/4, 04.12.1987]

(vii)  In case of de-reservation in those categories in which lower grade posts are filled up by recruitment, the corresponding number of vacancies, for which de-reservation is sought, be filled in by recruitment.

[Authority: RBE No.220/1990, No.90-E(SCT)I/25/23, 29.11.1990]

(viii)  The de-reservation approval is to be obtained again and again for the same reserved point for which de-reservation approval sought previously at initial stage.

(ix)  Before deciding to de-reserve a vacancy, the Railways should ensure that all steps necessary to fill up the posts have been taken to secure the SC or ST candidate for appointment against the reserved vacancies. Only when it becomes inevitable to de-reserve a vacancy, steps to de-reserve the same should be taken. It should be kept in view that no reserved vacancy should be filled in by the general candidate without obtaining the prior approval for de-reservation.