CENTRAL Government has on January 31, 2019, issued detailed instructions on the modalities to be followed for implementing 10% reservation for Economically Weaker Sections (EWS) in direct recruitment in civil posts and services in the Government of India.
Quantum of Reservation
The persons belonging to EWS who, are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India.
Exception from reservation
“Scientific and Technical” posts in terms of Cabinet’s decision dated December 28, 1961, according to which scientific and technical posts for which qualifications in the natural sciences or exact sciences or applied sciences or in technology are prescribed and, the incumbents of which have to use that knowledge in the discharge of their duties shall be exempted from the purview of the reservation. Also the posts “for conducting research” or “for organising, guiding and directing research” shall be exempted from reservation.
Criteria of income & assets
Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 8,00,000 are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application.
Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:
- 5 acres of agricultural land and above;
- Residential at of 1000 sq ft. and above;
- Residential plot of 100 sq. yards and above in notified municipalities;
- Residential, plot of 200 sq. yards and above in areas other than the notified municipalities. 4.2. The property held by a “Family” in different locations or different places/cities would be clubbed while applying the land. or property holding test to determine EWS status.
The term “family” for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.
Income and Asset Certificate issuing Authority and verification of certificate
The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued ‘by any one of the following authorities in the prescribed format as given in Annexure-I (See attached document) shall only be accepted as proof of candidate’s claim as ‘belonging to EWS:
- District Magistrate/Additional District Magistrate/ Collector/ Deputy Commissioner/Additional’ Deputy Commissioner/ 1st Class Stipendary Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate! Executive Magistrate/ Extra Assistant Commissioner
- Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate
- Revenue Officer not below the rank of Tehsildar and
- Sub-Divisional Officer or the area where the candidate and/or his family normally resides.
The appointing authorities should, in the offer of appointment to the candidates claiming to be belonging to EWS, include the following clause :-
“The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.”
The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority.
Effecting reservation: Maintenance Of Rosters
Every Government establishment shall now recast group-wise post-based reservation roster register for direct recruitment in accordance with format given in Annexure II, III, IV and V (see attached document), as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs.
While fixing roster point, if the EWS roster point coincides with the roster points of SCs/STs/OBCs the next available UR roster point has been allotted to the EWSs and also the principle of “squeezing” has been kept in view. While drawing up the rosters, the cadre controlling authorities may similarly “squeeze” the last points of the roster so as to meet prescribed 10% reservation.
Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.
Persons belonging to EWS selected against the quota for persons with benchmark disabilities/ex-servicemen shall be placed against the roster points earmarked for EWS.
Adjustment against Unreserved Vacancies:
A person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy. Persons belonging to EWS who are selected on the basis of merit and not on account of reservation are not to be counted towards the quota meant for reservation.
Maintenance of Register Of Complaints by the Government establishment
Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer. Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Government establishment.
Ministries/Departments/Attached and Subordinate Offices shall appoint Liaison Officer to monitor the implementation of reservation for EWSs.
The above scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after February 1, 2019.
From January 1, 2020, the Ministries/Departments shall upload data on representation of EWSs in respect of posts/services under the Central Government on the URL i.e. www.rrcps.nic.inas on 1st January of every year. All Ministries/Departments have already been provided respective user code and password with guidelines for operating the URL.