Benefit of lower qualifying marks for SC/ST candidates in 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 be pleased to state:
(a) whether it is a fact that relaxation in qualifying marks/assessment
standards for promotion of SC/ST employees was withdrawn by the
Department of Personnel and Training (DoPT) vide Office Memorandum (OM)
dated 22.07.1997 and if so, the details thereof;
(b) whether it is also a fact that the Supreme Court, in its judgement
on Civil Appeal of Rohtas Bhankhar & Ors. V/s Union of India has
declared DoPT’s OM dated 22.7.1997 as illegal and if so, the details
thereof;
(c) whether the Government has restored promotional benefits to all SC/ST employees who were adversely affected by the said OM;
(d) if so, the details thereof and the action taken by the Government to
restore promotional benefits to all SC/ST employees affected by that
OM; and
(e) whether the Government has decided to implement the Supreme Court
judgement only in CSS SO Grade Exam, 1996 without consequential
promotions, if so, the details thereof and the reasons for delay in
implementation of the judgement 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 in S.Vinod Kumar judgment of
1.10.1996 held that no relaxation of standards in promotion is
permissible. To implement this judgment, Department of Personnel and
Training issued Office Memorandum No.36012/23/96-Estt.(Res.) dated
22.07.1997 withdrawing benefit of lower qualifying marks for SC/ST
candidates which were available in departmental competitive examinations
for promotion.
(b): Yes, Madam. The Hon’ble Supreme Court in Civil Appeal Nos.6046-6047
of 2004 titled Rohtas Bhankhar & Others Vs Union of India and
another, dated 15.7.2014, directed as under:
“11. Consequently, civil appeals are allowed. The impugned order is
set aside. 1997 O.M. is declared illegal. The respondents are directed
to modify the results in the Section Officer/ Stenographers (Grade
B/Grade-I) Limited Departmental Competitive Examination, 1996 by
providing for reservation and extend all consequential reliefs to the
appellants, if not granted so 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 and also to similarly placed
SC/ST candidates, who appeared in 1996 examination. Accordingly, in
July/September 2015, thirty two of those eligible officers were
provisionally interpolated with reference to their immediate junior
officers in Under Secretary Select Lists for the years 2006 and 2007 and
were also allowed admissible pay benefits as per rules. However, their
promotion to Deputy Secretary grade, which was held up due to various
court cases on reservation in promotion matter, is now under process.
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