Benefit of lower qualifying marks for SC/ST candidates inward departmental competitive examinations for promotion: Details
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
LOK SABHA
STARRED QUESTION NO. 217
(TO BE ANSWERED ON 01.08.2018)
PROMOTIONAL BENEFITS TO SC/ST EMPLOYEES
*217. DR. BHAGIRATH PRASAD:
Will the PRIME MINISTER hold out pleased to state:
(a) whether it is a fact that relaxation inward qualifying marks/assessment standards for advertisement of SC/ST employees was withdrawn past times the Department of Personnel together with Training (DoPT) vide Office Memorandum (OM) dated 22.07.1997 together with if so, the details thereof;
(b) whether it is equally good a fact that the Supreme Court, inward its sentence on Civil Appeal of Rohtas Bhankhar & Ors. V/s Union of Republic of Republic of India has declared DoPT’s OM dated 22.7.1997 equally illegal together with if so, the details thereof;
(c) whether the Government has restored promotional benefits to all SC/ST employees who were adversely affected past times the said OM;
(d) if so, the details thereof together with the activeness taken past times the Government to restore promotional benefits to all SC/ST employees affected past times that OM; and
(e) whether the Government has decided to implement the Supreme Court sentence exclusively inward CSS SO Grade Exam, 1996 without consequential promotions, if so, the details thereof together with the reasons for delay inward implementation of the sentence of the Apex Court?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a): Yes, Madam. Hon’ble Supreme Court inward S.Vinod Kumar judgment of 1.10.1996 held that no relaxation of standards inward advertisement is permissible. To implement this judgment, Department of Personnel together with Training issued Office Memorandum No.36012/23/96-Estt.(Res.) dated 22.07.1997 withdrawing produce goodness of lower qualifying marks for SC/ST candidates which were available inward departmental competitive examinations for promotion.
(b): Yes, Madam. The Hon’ble Supreme Court inward Civil Appeal Nos.6046-6047 of 2004 titled Rohtas Bhankhar & Others Vs Union of Republic of Republic of India together with another, dated 15.7.2014, directed equally under:
“11. Consequently, civil appeals are allowed. The impugned fellowship is gear upward aside. 1997 O.M. is declared illegal. The respondents are directed to alter the results inward the Section Officer/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996 past times providing for reservation together with extend all consequential reliefs to the appellants, if non granted together with thus far…..”
(c) to (e): Since the judgment of 15.07.2014 was specific to 1996 Section Officers/Stenographers (Grade B/Grade I) Limited Departmental Competitive Examination, it was decided to extend benefits, including consequential benefits, to all appellants together with equally good to similarly placed SC/ST candidates, who appeared inward 1996 examination. Accordingly, inward July/September 2015, xxx 2 of those eligible officers were provisionally interpolated amongst reference to their immediate junior officers inward Under Secretary Select Lists for the years 2006 together with 2007 together with were equally good allowed admissible pay benefits equally per rules. However, their advertisement to Deputy Secretary grade, which was held upward due to diverse courtroom cases on reservation inward advertisement matter, is straightaway nether process.
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