Reservation in promotion Treatment of SC/ST candidates promoted on their own merit
DOPT O.M.No.36028/17/2001-Estt. (Res.) dated 11th July, 2002 which clarified that SC/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. No.36028/17/2001-Estt. (Res.) dated 31.1 .2005 that the above referred O.M. took effect from 11.07.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
Central Administration Tribunal, Madras Bench in O.A. No.900/2005 (S. KaÌugasalamoorthy v/s. Union of India & Others) has set aside the O.M. No.36028/17/2001-Estt. (Res.) 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 UO1 v/s.S. Kalugasalamoorthy [WP No.15926/2007) has upheld the decision of the Central Administrative Tribunal.
The matter has been examined now DOPT in the light of the above referred judgments and it has been decided to with draw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above.
It s 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 points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.