What is Reservation in Promotion in Government Jobs

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History of reservation: India has its own interesting history related to the concept of reservation in promotion. Reservation system has been prevalent in India for quite some time now. It has displayed its reach to areas such as education, jobs, etc. and boasts of itself being a support system which extends help and fair relaxations to the people of the country belonging to the previously and currently oppressed members of the society. The main beneficiaries of the implications of this reservation system are the people belonging to the scheduled caste, scheduled tribe and OBC categories of the society. The reservation system in India is not derived y any act passed by the parliament or the state legislature in the country. The concept of reservation system in the society is basically a set of rules, practices or a set of laws which has been passed by the constitution and has been termed as statutory. However, this topic of reservation has proved to be a very controversial one among the Indian citizen with some people favoring for the system and some people completely against the system.
     

Reservation in Promotion

 As a very important aspect of the reservation system, the reservation in promotion has seen a fair amount of amendments and changes since its inception and implementation. Since the year 1955, India has been providing reservations to scheduled caste and scheduled tribe people of the society, which came under the Article 16 (4). When the “Indra Sawhney Vs Union of India” case came up in the court, it was determined that the case was a part of reservation in promotion and was beyond the authorization of the Article 16 (4). The initial 4 (A) stated that “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.”
   

85th Amendment

A seniority clause was amended in 2001, which was the 85th amendment and this amendment replaced the words "in matters of promotion to any class" with the words "in matters of promotion, with consequential seniority, to any class". The lines "adequately represented in the services under the State" were not removed from the article and it was causing a lot of confusion and uncertainty in the process of reservation for promotions for the backward classes of the society.
    

Supreme court stipulation

On 19th October 2006, the Supreme Court of India upheld the timely amendments that had been made to the article, more so in case of consequential seniority. However, the court placed a stipulation in front of the concerned states that are willing to adopt the reservation in promotions. The stipulation was that in each case, the existence of compelling reasons which include backwardness, inadequacy of representation and overall administrative efficiency should be determined and presented before making provisions for reservation.
  

117th Amendment efforts by government 

In the 117th amendment, the government is making efforts to remove the necessity of producing the proof for backwardness as directed by the Supreme Court. The government is stating the reason that it is quite a difficult task to collect quantifiable data backwardness of the class and inadequacy of representation of that class in public employment.
  

Challenges 

The main question that arises in the minds of the people is that as the government is claiming the process of collecting and exhibiting the data which could prove the backwardness factor as a difficult one, is the basis for reservation of promotions unreasonable in nature. Another important point that challenges the government’s efforts is that irrespective of the fact that the person is financially strong or weak, if the candidate belongs to the reserved categories, benefits may be availed, which contradicts the concept of equality.

24 comments

Anonymous

The caste/category system should be removed totally or if the Goverment wants to continue this then it has to state in advance that upto which period this reservation system will exist and also instead of this reservation against this caste/category system there should be only two categories,
1) People leaving Below Poverty level
2) People leaving above Poverty level.
If this is introduced then I hope Goverment will be doing Social Justice else it seems that every reservation against the caste/category is done for vote banking only.There are people in the reserved category those who are under the blessings of Goverment but what about poor General class people??

Sagarika creation Pvt. Ltd. September 15, 2012 at 9:03 AM

Our constitution should be change.
Its not original but copied of England constitution. It not been invented by Ambedker sahib.
Give reservation to poverty line ppl. But those SC, ST already in big poaition. They also getting. So think for it and change must.

Anonymous

In my view total abolition of this caste sytem/ discretion between STs/SCs/OBCs/Gen must be removed and in turn of it people of country must divide into only two categories ie People who are at below poverty level and people who are at above that line.And then government should provide assistance to the BPL people ie basic amenities of survival so that even though those people may not get a luxuries life but en though not have a miserable life & then government should provide equal opportunities to all section of society.

Manish Sharma September 15, 2012 at 10:43 AM

@sagarika creation private ltd.- England didn't have a written constitution.how can india imitate to do such act.our constitution is the biggest constitution and we should be proud of it.
jai hind to
AMBEDKAR SAHIB.

neeta

mr. anonymous ,i dont know why people talk so much about reservation without any kknowledge of it, under puna conference between gandhi ji and ambedkar ji and it was decided that reservation will be there until the sc/st candidates will cover the 15% of the seats and it is very sad that this percentage is not going well, among 149 seceratry of india no sc/st candidate is on that position, and among the vice seceratry only 2 sc/st candidate are there out of 465 candidates.

the reservation was made to upgrade the position of the lower castes bcoz these castes were exploited very badly if the reservation was not made then there is no doubt that the positon of lower castes will remain the same. today sc/st's are proving their excellence so people start to respect them.

apart from this why the general candidate is in fear if he has the capabilities then no one can stop him in getting that job. you should know that today in every dept. railway, income tax, customs, police, etc there is so many vacant seats that these dept. conduct enterance exam after every 6 mnths or 1 yr, these seats are for both the sc/st and general candidates.

my friend in tamilnadu the reservation is upto 65% and the state is flourshing so what would you say about this.

reservation is not any problem the problem is related with your way of thinking.


DUSMANTA September 15, 2012 at 12:19 PM

Due to Resrv System General category students alwz suffering as-1) Payment of high fees fr appl while sc/st hav no fees 2)Not short listed still u score more marks 3)U hv MBA/Engineerng degree with high qualification bt sc/st people r jst Graduade/+2 4)Again its vry pathetic fr Promotion Quota.In the eye of law, all students should b same bcz all r unemployed.Recruitment /selection sud b based on talent nd skill.Our constitution sud b edited regardng reservation system.Fr the sack of vote only bleddi politician r encourgeng dis.It sud b stopped totally otherwise it will b "3rd world war in india" by general category students against reservation system.(Dusmanta Patnaik,Berhampur(Odisha)

Kishor Kumar September 15, 2012 at 2:27 PM

On basis of poor performance as stated by General Catogary always sideline people of SC/ST in ADMINISTRATION, by General Catogary people.
U know that from Indendence of India to till date 95% resources and Power are enjoyed by upper castes.
now if lower catogary people r enjoyed only Govt. Jobs than y upper caste oppose them.
Still in India Govt of india say that among 149 seceratry of india no sc/st candidate is on that position, and among the vice seceratry only 2 sc/st candidate are there out of 465 candidates.
Still modern School and Colleges are still a dream for people of SC/ST caste.
How a student who has background of a rural area and studied at Hindi medium can compete with an English Medium Convent studied student as Govt of India stated that among 149 seceratry of india no sc/st candidate is on that position, and among the vice seceratry only 2 sc/st candidate are there out of 465 candidates.
than how u can say that upper castes are affected by people in Administration.
All upper caste officers are involved in All The Big Corruption cases in India and they are responsible for a poor growth of India

Anonymous

i am not against reservation bt in promotion i m against....are bhai kahi to unhe fair fight krne do....govt. shud not promote inequality rather they shud work for equality...govt. should also bring creamy layer system in SC/ST..like if anyone has avail benefit of reservation then his/her spouse and children should not be allowed and more and more new person should avail reservation bt should be once bt here our so called great politicians are just playing politics...divide and rule nothing else...they dont want k society achche se rahe

Puneet Sharma September 15, 2012 at 7:54 PM

i totally support mr. anonymous....
and to you MS. NEETA jus few more information regarding reservation .. its good u hav read so much abot it .. but dear .. the problem is not "THE RESERVATION"..
the problem is regarding how is been provided on wat basis ..wat is the criteria to decide who is in need of reservation...
according to constitution if a person belongs to a scheduled caste list then by default he became eligible for reservation ...irrespective of its actual social position.
here we are losing our battle ....
i know they had a very painful past...and i fully support any government s step to enhance their socio economic position in the society .... but not on the cost of other people interest,,s...


now wat d government shud do ..is from very starting they had to work alot ...like provide them free education ,,food ,,clothing ,,,and if needed free coaching for competitive exmas..and many more facilities... and almost all state government s as well as center is doing...dis...


now where we need a turn is ...they had also provided reservation..to people ...but the real fact is law says no reservation can be permanent
.so they are jus extending it ..which is leading to governing inefficiency ,,and corruption too... b coz when a person is not deserving (on education knowledge basis )for a thing and it occupy that //its for sure he/she wont be respecting dat position....
another point is now it almost decades we are seeing reservation in our society ..and wat is the result..only few people are using dat facility..means now there is a section in reserved category too who is using dis facility ..and the real ,poor and needy one who deserves this are not able to get this .. only kids of i.a.s i.p.s are using this benefits to get into good jobs...now MS.NEETA the point to be noted is do they really need dat reservation aint they snatching the real needy one right..
that s the reason we ain t successful ...
tell me how many times government has collected data regarding upliftment of these classes ..or do government has decided any criteria which decide whom to provide reservation and whom nt to.


i think u shud raise this point too...that there is a need to draw a line in reserved category too. which separates a needy 1 from a person who does nt need .. like obc creamy and non creamy layer.

oder wise the baba saheeb dream of a society with equality will never come into reality ...
...or else just provide reservation on basis of two aspects ..
1)male and female
2)above poverty and below poverty line ..

if this system started ///trust me the caste system will almost leave its importance ... but today system is creating more diff.. rather than imparting distance between classes,,,
so i think ms ..u would get to know this aspect of reservation too...
try to understand ...
thanx.,

Nimmi September 15, 2012 at 11:26 PM

The motive of reservation was to let the backward people come up n should get the equal chance to prove themselves in each sphere of the society....as others....they should no more be restricted to do the job which is supposed to be the cheap work by the society....though after a reservation we are still not getting the candidates for the same...that means the backward people still are not much enlightened about their right....i disagree with the fact that there should be no reservation at all....instead the reservation should be strictly implimented at the private schools n the state government should do funding for them....the reservation in promotion is not right...it shuold be on the basis of your performance..n seniority...

Anonymous

Reservation should be stoped in india because of if any country want to grow they brings only talanted student,they help making pogress in nation.Actual intelligenci are suffered by reservation, so substandard intelligency can not help in pogress of india like other country of the world where, there are no criteria of reservation...............Reservation should be done only on the basis of income.

Aarya

The first thing that needs to be done is to extirpate the supremacy attitude of forward castes and then we can think about removing reservation.A forward caste student will have a greater network and contacts and he/she can easily get cleared in interviews just by specifying his/her surname which is not the case of reserved category students.It is also important to know that how many people/institutions are ready to accept qualified and skilled SC/ST/OBC candidates and shun the preference for 'general' candidates ? Our society is still radical and firmly believes in the varna system. A SC/ST/OBC candidate despite being highly qualified will not get jobs mainly of caste bias. The castiest society was not at all ready to accept DR.B.R.Ambedkar who surpasses all other people in educational and professional qualification. So will the castiest society accept other educated dalits ? Never...Reservation has to be there because of this bitter truth.

MAHENDRA

FRIENDS, MY POINT IS VERY CLEAR. 1ST OF ALL, WHY THERE IS A QUEUE ? ANS : IT IS THE INABILITY OF THE SERVICE PROVIDER TO SERVE ITS CUSTOMERS ALL AT A TIME. WE ALL WANT TO HAVE A GOVT JOB TO STRENGTHEN THE COUNTRY AT LARGE . BUT THERE IS NO GOVT JOB. THE COUNTRY IS HELPLESS IN THE HANDS OF OUR LEADERS. THEY ARE THE BIBLE IN THEMSELVES . THEY MAKE A PROBLEM A DISPUTE INSTEAD OF SOLVING IT . THERE IS NO GOVT JOB BY THE SO CALLED PRINCIPLE OF PUBLIC AND PRIVATE PARTNERSHIP. DEAR RESERVATION IS A MINDSET IN THE SO CALLED FREEDOM FIGHTERS IN OUR COUNTRY.
IT WILL BE THERE TILL THIS TYPE OF LEADERS ARE THERE. THEY DIVIDE US TO RULE US. I AM SURE WE ALL FALL PREY TO THIS. WE ARE HAPPY TO BE BRANDED AS SC/ST/OBC RATHER THAN A TRUE CITIZEN. GOD
HELPS THOSE WHO HELPS THEMSELVES. SO WE ALL ARE HELPLESS TO HAVE ELECTED THEM AND CRY AFTER THAT
THANKS


yogita ghate September 16, 2012 at 9:36 AM

Writing constitution. For whole contry is not a joke. Dr Ambedkar had to study many constitutions and many books for writing such a great constitution which reflect the fair way of equality and humanity. If anybody wish to criticise his efforts then they have to first make themselves enf qualified as was Dr. Ambedkar.

yogita ghate September 16, 2012 at 9:40 AM

100% true...

yogita ghate September 16, 2012 at 9:49 AM

I don't understand why people see few poor general category candidates and few rich sc/st candidates... the fact is that the proportion of rich people in general category people is more than people from backward classes. If u set all vacancies on merit basis only without considering their social position then explain me how backward people (AADIWASI'S) will get place in merit without any support? This way take them next hundreds of years to prove themseles, at least poor general category candidates are in better position than those Aadiwasis.

Anonymous

Reservation is not a problem the problem is related with our way of thinking.we r in fear that some one is taking our place. if u r talented no one take can take ur place. let them grow along with us they started studying now let them study. we d'nt have right to stop them.Think like human beings not like animals, u r not giving ur seat to them. they r given some seats in order to develop them. Dr Ambedkar is a great person who flighted for equality and humanity. Forward caste people are enjoying fruits of success, pride for many years in our society so let them also enjoy. If given chance they can prove what India is and they can make India a proud country. We respect great Dr Ambedkar who fought against social discrimination of society. He fought for the majority of people in India who is suffering from social discrimination.

Anonymous

i m understand that the reservation is given for the upliftment of the people, but the reservation is given on the bases of castes or categories, the way of giving reservation is not correct, by this our politicians were trying to break our unity and brotherhood, they will make a bold line between the reserved categories people and the general category people. Politicians do not think about the people of the India, they only worry or think about their vote bank .
I request all the Indian people do not fight with each other on the reservation, think maturely and make India as a next world super power, we will only achieves it if we all INDIANS walks with each other with Unity and with Brotherhood.
I request u all do not think about the saying of the Politicians they are thieves and Culprits, use your own mind and make decisions very coolingly and calmly and protest against the Politicians, they EAT our country from inside (as bug eat the wood from inside), we have to blow our voice against Politician ... they are thieves in White cloths.

thank you all ,

i m an Indian First, then son, brother, etc of someone.
if i will get a chance to secrefies for the our MotherLand i m secrefies our life for her.
ok bye.

Anonymous

D. Singh
It is the right of common man to have equality in education, social, political, and economical. till date which is not adopted to all deprived human, but we are aggreable to provide equal opportunity to others but not to all Indian. As a human being we all are born of earth, made of earth and finally mix in earth then why we differ in race caste areas poor and wealthy remove all such differences and provide equal wealth space and opportunity to all Indian by birth itself.

prashant September 17, 2012 at 3:21 PM

i am totally appose the reservation pramotion...
one day it bad affects goes on indian democracy
patil..pras.

Tanaji Tandale September 18, 2012 at 9:09 AM

I am agree with puneet, gov hv totally decrease the quality which should hving in the officer why bcoz of reservation less percentile srltudent doing d job nd brilliant student awy from that bcoz reservation giv them age relaxation,merit list,fees,nd many more facility so how r gov will get the qualitativ officer ,it will continue untill congress falling down ,they all bad things doing only bcoz of voting

neeta

mr. puneet sharma

i agree with your points but i want to tell you that our goverment has considered all these points which u r saying and for this purpose our constitution has stated about which sc/st category candidates are excluded from this reservation.
here is the list which persons are exclude from this:

(A). The sons and daughters of the President of India, the Vice-President of India, Judges of the Supreme Court, the High Courts Chairman, the members of Union Public Service Commission, members of the State Public Service Commission, Chief Election Commissioner, Comptroller Auditor-General of India or any person holding positions of a constitutional nature.

(B).Those who have parent(s) that are Class I or Class II officers

(C). Professional class and those engaged in Trade and Industry. The sons and daughters of parents either or both of whom is or are in the rank of colonel and above in the army or in equivalent posts in the Navy, the Air Force, and the Paramilitary Force.

(D). If a person has a high paying job such as physician, lawyer, chartered accountant, income tax consultant, financial or management consultant, dental surgeon, engineer, architect, computer specialist, film artist or other film professional, author, playwright, sports person, sports professional, media professional or any other vocations of like status.

(E). Property owners- Agricultural, Plantations (Coffee,tea,rubber,etc.), Vacant land and/or buildings in urban areas

(F). Son(s)/daughter(s) of those who earn 4.5 lakh Rs. or more annually for three consecutive years are excluded from reservation.

THE govt has taken all necessary steps to stop the misuse of reservation system and by above points i think it is clear that the govt. has done much more than just making the difference of below poverty line and above poverty line poverty line.

govt. has made a good reservation policy but the problem is the few peoples who misuse it politicians and power class, it will be good if it will be administered good.

for more knowledge search on wikipedia

Anonymous

I have a contradiction to a point mentioned against Mr. Anonymous, and i think that this reservation was discussed between Gandhiji and Ambedkar Sahab, this is absolutely right. But the point that i want to put is that whether there are any number of secretaries of any catogory, or vice secretary, how does it matter to a common person living in village, whether he/she is of any cast/creed. Any person who is an IAS rank officer is earning the status, and earning for himself and for his family, he is not going to give it to any body else. I have seen many who are at good positions and belongs to the SC category, and they are doing the same, these things of reservation rights are nothing but taking the nation to backwardness, which is already dominated by our bhavya leaders. So please let the intelligent person come above those who are not so developed from their mind, and let the country grow.Motivate youth for the competition. and not let them drop their kneees, and let this feeling of reserve seats into their minds, otherwise it will affect the brilliant minds of our young generation. Please don't give it a push, save your future......................

Anonymous

Hi my name is Dheeraj Pandey and i am in support or reservation. We have done it on the basis of cast because we dont have any other choice. my friend even our gorvenment do not know how my people are above povety line and below it. it may hurt someone but we dont have any choice. i do agree it divide us or spraid castsiam. but today people feal proud to say they are from sc st or obc. i am happy with that. if they accept themself then othe people will also accept them.

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