• ST/SC Reservation rules on Direct Recruitment

Dear sir,
 Mai UP Police Sub Inspector 2016 ka candidate hun aur advt. Me 3307 seats ka nikla jisme se 2486 seats hi fill hui . Esme Gen & OBC ki seats sabi fill ho gain hain jaisa ki advt.me mention tha jbki SC/ST ki seats candidates n mil pane ki vjh se Vacant hain jo ki 832 hain total at present....

Eske bad jo Unselected Candidates ki list hai usme waiting me 967 students hain to plzz do needful about my query

1. Unselected waiting list 967 me Gen category ke hi students hain to kya ye seats hme Gen category students ko mil payegi? Aisa koi supreme Court me order hua hai kya? Plz do needful sir provide me details of verdict if any 

2. This Vacancy ko 4 year 24 th June,2020 se ho jayega. Koi aisa Rule ya ORDER hai kya jisme time limit ka mention ho ki how many years later these Vacant seats are not Carry Forward & filled with Available candidates of any category candidates of this recruitment.

3. Supreme Court ke pas aisa power hai kya ki vo khud se ST/ SC seats jo ki Students ke not available hone ke reason se vacant hain ,unhe usi year ke other category ke available students se fill krne ka order de de merit low krke sbko liya jaye jitni bi seats vacant hain??

4.. Jo seats Non Joining , Medically unfit & Training leave se Vacant hongi kya vo usi year ke Waiting students se fill ho sakti hain, kya aisa koi order??

Needs ur support its my humble request plz guide us

Thanking you
Asked 5 years ago in Labour

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17 Answers

Agar sc/st ki seat nhn fill up hui to usko general category ke candidate se nahin bhar sakte hain. Woh seat agli baar ke liye hai. Jab dobara exam hoga tab woh seat fill ki jaayegi.

Aisa koi order nahin hai.

SC aisa nahin kar skta. 

Agar aisa hua hai to woh carry forward ho jaayengi.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Yes. 

2. It has to be filled in the said year or as per the scheme of the said advertisement

3. No SC St can't apply in other categories if already applied in sc st

4. Yes. If they don't join and the position is vacant

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per the Supreme Court judgement , Other Backward Classes (OBCs) seats not filled up due to want of eligible OBC candidates can be allotted to general category candidates in all central educational institutions (CEIs)..

1. No , the unfilled seat will be only for reserved category , specially st/sc.

2. No such law, However one can file Writ petition before the High court for getting such direction.

3. College admission me to hai , per job me nahi.

4. May be possible , but order is not traceable. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. It is settled law after the judgment of constitution bench of Supreme Court headed by Chief Justice K.G. Balakrishnan that OBC seats which are not filled up due to want of eligible OBC candidates can be allotted to general category candidates in all central educational institutions.

2. No time limit is mentioned, but you are free to file a writ petition in the jurisdictional High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Ji haan ye seats Gen. Cat. Ko mil jayengi

2. No

3. Ji haan.

4. File a writ in High Court 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Nahi. Sc/st vertical reservation hota hai. Jo sirf same category candidate se hi fill hogi  warna carry forward for next recruitment.

Will remain vacate till govt issue new advertisement.

No

Wo seats NJ, MU se vacate reh gayee aur sc st ki nahi hai wo waiting list se fill ho sakti hai.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. The wait listed candidates belong to general category whereas the vacant seats are reserved for SC/ST candidates, hence the candidates listed in the waiting list cannot be adjusted in the vacant seats meant for reserved category belonging to SC/ST candidates alone.

Where sufficient number of candidates belonging to SC/ST/OBC are not available to fill up the vacancies reserved for them in direct recruitment, the vacancies should not be filled by candidates not belonging to these communities. In other words, there is a ban on de-reservation of vacancies reserved for SCs, STs and OBCs in direct recruitment.

 

2. If sufficient number of suitable SC/ST/OBC candidates are not available to fill up vacancies reserved for them in the first attempt of recruitment, a second attempt should be made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment year to fill up these vacancies. If the required number of SC/ST/OBC candidates are not even then available, the vacancies which could not be filled up shall remain unfilled until the next recruitment year. These vacancies will be treated as “backlog vacancies.”

In the subsequent recruitment year when recruitment is made for the vacancies of that year (called the current vacancies), the backlog vacancies of SCs, STs and OBCs will also be announced for recruitment. While doing so, it may be kept in view that the vacancies of the particular recruitment year i.e. the current vacancies will be treated as one group and backlog vacancies of SCs, STs and OBCs as a separate and distinct group. Of the vacancies in the first group, not more than 50% of the vacancies shall be reserved. Vacancies in the second group i.e. all the backlog vacancies reserved for SCs, STs and OBCs will be filled up by the candidates belonging to category concerned without any restriction whatsoever as they belong to distinct group of backlog vacancies
of SCs, STs and OBCs.

Vacancies reserved for SCs/STs/OBCs which could not be filled up and are carried forward as backlog vacancies and remain unfilled in the following recruitment year also, will be carried forward as backlog vacancies for subsequent recruitment year(s) as long as these are not filled by candidates of the category for which these are reserved.

 

3.  Supreme cannot interfere in the policy making decision nor it can go against the rule or law.

4. Read the answer No.2 above for more clarity on this question.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Supreme court ka judgement hai reserved category candidates general category ke seats hasil kar sakte hai. lekin judgement me ye nahi kaha gaya ki general category reserve ke seats hasil kar payenge ya nahi. 

behtar hoga aap High court mein writ petition file kare ho sakta hai court direction de . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Mil sakti h pr govt ko iske liye notification nikaalni pdegi.

2. Supreme court khud nhi karegi aisa order kisi candidate ko writ petition dalna pdegi to aap hi daaliye petition.

3. Haan ho skti h waiting candidates se. 

4. Orders k liye apko alag se fees pay krni pdegi. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. You are free to heed the legal advice tendered to you.

2. Under Article 142 of the Constitution of India the Supreme Court can pass any order to do complete justice.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have been informed about the prevailing law in this regard. 

You may have to wait for the court decision if you have filed any case. 

But remember that the court cannot interfere in the government's policymaking decision neither it can override the policy of government. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Nahi de sakta. Sc/st carrt forward hi hongi 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

In State Bank of India Scheduled Caste/Tribes Employees. Welfare Association v. State bank of India, JT 1996 (4) SC 547 the Supreme Court held that the provision in the circular with regard to carry forward of reserved vacancies for three years at the end of which they lapse and the provision that not more that 50% of the available vacancies should be reserved was constitutionally valid. 

2) 

Section 3(4) added to the Act in pursuance of the enabling powers under Article 16(4-B) of the Constitution of India which came into force w.e.f. 15.9.2001 states:

"Where, in respect of any year of recruitment any vacancy reserved for any category of persons under Sub-section (1), remains unfilled even after recruitment made under Sub-section (3-B) or even after special recruitment under Sub-section (3-B), such unfilled vacancy nay be filled up in any succeeding year, or years of recruitment as a separate class of vacancy and such class of vacancy shall not be considered together with the vacancies of the year of the recruitment in which it is being filled up, for the purpose of determining the ceiling of 50% reservation of the total vacancies of that year."

 

 

3) U.P. Public Service (Reservation for Scheduled Castes/Scheduled Tribes/Other Backward Classes) Act 1994, was amended by U.P. Act No. 21 of 2001 which inserted Section 3(4) and amended Section 3 (2) and came into effect from 15.9.2001. By this amendment the carried forward vacancies could be included in the number of vacancies in the succeeding years of recruitment as a separate class of vacancy.  the amended Section 3(2) which was introduced by U.P. Act No. 1 of 2001 amending U.P. Act No. 4 of 1994, in pursuance of the enabling powers under Article 16(4-B) of the Constitution of India came into fore w.e.f. 15.9.2001, and enables the State Government to carry forward the vacancies of the previous years, which are not to be accounted for in determining the ceiling of 50% reservation.

 

4) 832 vacant scheduled caste seats cannot be filed in by candidates belonging to general categories 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Seats mil sakti hai....ab sab khul gya hai....aap iske liye writ petition file keejiye

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

 

there-is no rule or order which provide that reservation of seats for reserved SC candidates would lapse and can be filled in by general category applicants 

 

2) SC can direct that if no SC candidates found fir several years seats can be filled in by general category applicants 

 

3) you would have to challenge UP act which provide that reservation does not lapse 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you are absolutely right. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Aapke Advocate se poochiye koi Citation ya Koi SC ka judgement hai same issue mein to bataye,.. baqi sab SC par hai. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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