For the first time, SC introduces OBC quota for staff recruitment
This comes after the top court came out with a roster specifying the post-wise quota for Scheduled Castes (SCs) and Scheduled Tribes (STs) in matters of recruitment and promotion.
A gazette notification dated July 3 said that the Chief Justice of India, in exercise of the powers conferred by clause (2) of Article 146 of the Constitution, amended Rule 4A of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961.
As per the amended Rule 4A, 'Reservation in direct recruitment to various categories of posts specified in the Schedule, for the candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Physically Challenged, Ex-servicemen and dependant of Freedom Fighters shall be in accordance with the Rules, orders, and Notifications issued from time to time by the Government of India in respect of posts carrying the pay scale corresponding to the pay scale prescribed for the post specified in the Schedule, subject to such modification, variation or exception as the Chief Justice may, from time to time, specify.'
Though the court had a quota for SC/STs, the Rules did not have any provision for OBC quota. Now, it has happened for the first time under CJI B R Gavai.
The roster specifying post-wise quota for SCs/STs was done in keeping with the five-judge Constitution Bench ruling in R K Sabharwal vs State of Punjab in 1995.
The ruling said that in government appointments, reservation should be post-based (based on the number of posts in a cadre) and not vacancy-based (based on the number of vacancies arising in a given year). The judgment also said there should be separate rosters for direct recruitment and promotion. Under the roster, a post identified for a particular category will continue to remain with it even after the retirement of the person holding the post.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
20 minutes ago
- Time of India
RJD MP Manoj Jha moves Supreme Court against Election Commission's nationwide voter list revision
Months ahead of assembly elections in Bihar, RJD MP Dr Manoj Jha approached the Supreme Court on Sunday to challenge the Election Commission of India 's decision to start a Special Intensive Revision (SIR) of electoral rolls across the country, reported LiveLaw.
New Indian Express
21 minutes ago
- New Indian Express
Ex-CJIs endorse constitutionality of 'one nation, one election' concept but flag issues with bill
Two former CJIs, UU Lalit and Ranjan Gogoi, had appeared before the committee in February and March, respectively. During the interaction, Gogoi agreed with the concerns of some members over the excessive power given to the EC, sources have said. Lalit had suggested that simultaneous polls should be rolled out in a staggered manner and not at one go, as he had said that cutting short the remaining terms of assemblies with substantive tenure left for the purpose of synchronising election cycles could be legally challenged. However, all three ex-CJIs have not questioned the constitutionality of the concept of simultaneous polls. Chandrachud said in his written opinion that simultaneous elections will not infringe upon the voters' right to elect their representatives and that the bill ensures that electors remain continuously represented by their duly elected MPs or MLAs. He said, "Arguments opposing simultaneous elections are based on the premise that the Indian electorate is naive and can be easily manipulated." He said, "The argument that staggered elections are a part of the Constitution's basic structure (or form part of the principles of federalism or democracy) does not hold. Staggered timing of elections cannot be considered as a feature of the original Constitution, let alone an immutable feature." However, his opinion is not without notes of caution over some of the bill's features or the likely implications if it is to be enacted. Chandrachud has appeared to share the concern that simultaneous elections could marginalise smaller or regional parties due to the dominance of better-resourced national parties, saying it is a significant policy aspect that warrants legislative attention. He said, "To ensure a level playing field among political parties, the rules governing electoral campaigning, particularly those relating to campaign finance, must be strengthened." While the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961, impose ceilings on the amount a candidate may spend during the election campaign, there are no corresponding limits on the expenditure incurred by political parties themselves, he noted. This gap in regulation weighs in the electoral process towards parties with greater financial resources, he said. As the bill says that the term of a House elected after a midterm poll will be only for the remainder of the five year term, Chandrachud has said the ability of the government to take any meaningful project will be minimised if its tenure is only of a year or less as the Model Code of Conduct will come into force around six months before the next polls. Several MPs in the panel have also raised this point about the likely priorities and strength of a government elected for a short period.
Time of India
21 minutes ago
- Time of India
'For better future of Bihar': Chirag Paswan announces candidacy for assembly elections; supports 'domicile policy'
NEW DELHI: Lok Janshakti Party (Ram Vilas) chief Chirag Paswan on Sunday announced that he will contest the upcoming assembly elections in Bihar "for the sake of a better future of Bihar". Chirag, who is also a minister at the Centre, said, "People have been asking me whether Chirag Paswan will contest the assembly elections. I want to announce from Saran that yes, Chirag Paswan will contest the elections for the sake of a better future of Bihar." "I will contest the election for the people of Bihar, for my brothers, mothers, for my sisters. We will build a system in Bihar that will truly take the state forward on the path of development. I will realise the dreams of my father and work for 'Bihar first, Bihari first'. I will live and die for Bihar and its people," he added. Unlike the rest of the parties in the NDA camp, Chirag also supported the domicile policy for government jobs in the state claiming " this has been a long-standing demand of job seekers." "For the sake of the youth of Bihar, I am in support of the introduction of a domicile policy in government jobs. This has been a long-standing demand of job seekers," Chirag said. "I must inform you that the domicile policy was introduced in 2006, but it was withdrawn by the opposition parties when they came to power. The RJD and Congress never think about the betterment of the youth of the state. They always mislead people. If they come to power, they will snatch over half of your wealth via inheritance tax," he added. Earlier, leader of opposition Tejashwi Yadav also promised per cent domicile" if the Mahagathbandhan came to power in the state after the elections. However, Nitish Kumar government has ruled out the possibility of introduction of a domicile policy, claiming that any such move would be against the Constitution.
