SC/ST/BC candidates selected against unreserved category vacancies on
the basis of merit should be counted against the posts of un-reserved
GOVERNMENT OF RAJASTHAN
DEPARTMENT OF PERSONNEL
No. F. 7(1)DOP/A-11/99
Jaipur, dated : 26th JUL 2017
1. All Additional Chief Secretaries/ Principal Secretaries/Secretaries/ Special Secretaries to Government.
2. All Heads of Departments (including
Divisional Commissioners and Distt. Collectors).
Subject-Treatment to be given to the candidates belonging to the
SC/ST/BC who are selected against unreserved category vacancies on the
basis of their merit.
In supersession of this department's circular even number dated
04.03.2014 on the above-mentioned subject, the matter has been examined
in consultation with the Law Department in the light of judgment passed
by the Hon'ble Supreme Court in Civil Appeal No.3609 of 2012 Deepa E.V.
V/s Union of India and Ors. dated 06.04.2017, following instructions are
hereby issued for the guidance of all Appointing Authorities.
(a) If a candidate belonging to SC/ST/BC has not availed of any of the
special concessions such as in age-limit, marks, physical fitness etc.
in the recruitment process, which are available to the candidates
belonging to these categories, except the concession of fees, and he
secures more marks than the marks obtained by the last UR category
candidate who is selected, such a candidate belonging to the SC/ST/BC
shall be counted against the UR category vacancies and not the vacancies
reserved for the
SC/ST/BC, as the case may be.
(b) If any SC/ST candidate gets selected against the UR category
vacancies on the basis of his merit without availing of any of the
special concessions which are_ available to the candidates belonging to
these categories, except the concession of fees, such a SC/ST candidate
will be treated as a SC/ST candidate, as the case may be, for all
further services matters, including further promotions, and all the
benefits which are admissible to the other SC/ST persons under the
various service rules/government instructions shall be admissible to
(c) The SC/ST/BC category candidates who get selected against UR
category vacancies on the basis of their merit without availing of any
of the special concessions which are available to the candidates
belonging to these categories, except the concession of fees, will not
be counted against the posts reserved for these categories when it comes
to the question of determining the total number of posts occupied by
the candidates of these categories in the particular post/cadre.
All the Appointing Authorities are requested to ensure compliance of the
above mentioned instructions. Cases disposed of fore above instructions
shall not be re-opened.