No. 3601 11212010-Estt.(Res.)
Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel & Training
***
New Delhi, dated: the 10" August. 20 10
OFFICE MEMORANDUM
Subject:- Appointment of candidates belonging to Halba Koshti IHalbi
KoshtiKoshti caste against vacancies reserved for the Scheduled Tribes - Implementation of judgement of the Supreme Court in the case of State of Maharashtra Vs. Milind and Ors. ***
The undersigned is directed to refer to this Department's OM No.4201 1/22/2006-Estt.(Res.) dated 291h March, 2007 wherein it was stated that admissions and appointments of candidates belonging to the Halba KoshtiIKoshti caste who were party in the Civil Appeal No.2294 of 1986 [State of Maharashtra V/s Miiind & Ors] and other similar cases in which the Court had given specific relief shall not be disturbed and that the cases other than those protected by the specific order of the Supreme Court shall be dealt with in accordance with the instructions contahed in this Department's OM No. 1 10 12/7/91 -Estt.A dated 19.5.1993.
2. The matter regarding the effect of the judgment of the Supreme Court in Milind's case has been considered by the Supreme Court in Civil Appeal No. 1547 of 2007 [Punjab National Bank & Anr Vs. Vilas, S/o Govindrao Bokade] and some other cases. The Supreme Court in these cases has observed that it had held in Milind's case that though the status of Scheduled Tribe could not be conferred on candidates belonging to Halba Koshtil Koshti caste, protection had been provided in no uncertain terms to admissions and appointments that had become final. Thus the Supreme Court has held that such candidates belonging to Halba Kosht~IKoshti caste whose appointment had become final on or before 28.1 1.2000, the date on
which the Supreme Court had decided the Civil Appeal No.229411986 [State of Maharashtra Vls Milind & Ors], shall not be affected.
3. The matter has been examined in consultation with the Department of Legal Affairs and it has been decided that the persons belonging to the 'Halba Kosht~l Koshti' caste who got appointment against vacancies reserved for the Scheduled Tribes on the basis of Scheduled Tribe certificates, issued to them by
the competent authority. under the Constitution (Scheduled Tribes) Order, 1950 (as amended from time to time ) relating to the State of Maharashtra and whose appointments had become final on or before 28.1 1.2000. shall not be affected.However, they shall not get any benefit of reservation after 28.1 1.2000,
4. Contents of this OM may be brought to the notice of all concerned
Director
Tel: 23092158
No.3601214512005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10"' August. 201 0.
OFFICE MEMORANDUM
Subject: Resewation in promotion - Treatment of SCIST candidates promoted on their own merit. --------
The undersigned is directed to refer to this Department'sO.M.No.36028117i2001-Est(tR.e s.) dated I lLhJ uly: 2002 which clarified that SCI ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points.It was subsequently clarified by this Department's O.M. .3602811712001-Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from 11.7.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.90012005[S. Kalugasalamoorthy vls. Union of India & Others] has set aside the O.M.No.36028~1712001-Estt. (Kes.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority. the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UOI vls.S. Kalugasalamoorthy [ WP No.1592612007 ] has upheld the decision of the Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred judgments and it has been decided to withdraw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved ~ o i n t so f reservation roster. irresnective of the fact whether the promotion is made by selection method or non-sele.c t~onm ethod These ) C % orders will take effect from 2.7.1997. the date on which post based reservation was introduced.
