Preferential Treatment in Public Employment and Equality of Opportunity

Preferential Treatment means giving of special treatment to certain persons or classes of persons over others. In the context of the book, it implies preferential treatment or, to be more specific, reservation of appointments of posts as provided in Article 16(4) of the Indian Constitution for backward classes of citizens who are not adequately represented in the services under the State.

In the present times, this subject has become a very sensitive issue, inflaming tempers, causing riots and demonstrations -- a tool of power politics.

The book deals with the problem of determination of backward class of citizens, and the scope and extent of Preferential Treatment under Article 16(4). While classifying the present law on the subject it also deals with the practical side of Reservation.

List of Scheduled Castes and Tribes is also given along with other useful material in the Appendix.

• All India Reporter : The author has spared no pains in collecting relevant materials and has taken their help in the preparation of this learned thesis. The views expressed by the national political leaders and the cases decided by the Supreme Court of India and High Courts have been critically examined by him. The information contained in the book is very valuable and worth studying deeply. The author deserves congratulations for the labour he has taken in writing this book. The students of social sciences, social workers, the politicians, administrators and every one who desires to uplift the Indian nation would find this book to be a mine of information providing guidelines, wherever necessary.

                   FOREWORD III
                   PREFACE V
                   ACKNOWLEDGEMENT VII
                   BIBLIOGRAPHY VII
                   TABLE OF CASES VIII

                   Employment 1

                   Views expressed in the Constituent Assembly 10
                   Kalelkar Commission's Report 12
                   Kerala Commission's Report 15
                   Income limit for backwardness 16
                   Determination of social and educational backwardness 20
                   Class-Meaning of 23
                   Relative backwardness 26

                   Relationship of clause (4) with clauses (1) and (2) of Article 16 29
                   Modes of and persons entitled to preferential treatment under
                   Article 16(4) 35
                   Modes of preferential treatment 36
                   Persons entitled to preferential treatment 37
                   Conclusion 38
                   Distribution of total posts 44

                   Percentage of reservation 48
                   Carry forward rule 54
                   Separate or combined selection 60
                   Reservation in terms of minimum or maximum 62

                   Two methods of promotions 66
                   Reservation in ex-cadre posts 67
                   Reservation in promotions by selection 68
                   Reservation in promotions by seniority 69
                   Conclusion 69

                   Permissive nature of Article 16(4) 79
                   Provision-Meaning of 81
                   Transitory nature of Article 16(4) 83
                   Practical side of Reservation 86

                   List of Scheduled Castes in various States 93
                   List of Scheduled Tribes in various States 108
                   List of Scheduled Castes in different Union Territories 119
                   List of Scheduled Tribes in different Union Territories 122
                   The Scheduled Castes and Scheduled Tribes Orders 
                   (Amendment) Act, 1976 124
                   Constitutional and other Miscellaneous Provisions concerning
                   Scheduled Castes and Scheduled Tribes 129
                   CHAPTER
                       I -Constitutional provisions 129
                       II-Percentages of reservation for Scheduled Castes and
                       Scheduled Tribes 129
                       III -Exemption and exclusion 132
                       IV -Rosters 134
                       V -Annual Statements 136
                       VI -Grouping of Posts 138
                       VII-Relaxations and concessions for Scheduled Castes and
                       Scheduled Tribes Candidates 139
                       VIII -Essential steps to be taken for filling reserved castes 144
                       IX-Procedure for filling reserved vacancies in recruitment through
                       UPSC or by advertisement 147
                       X -Dereservation 148
                       XI-Carrying forward of reservations and ex-change of reservations
                       between Scheduled Castes and Scheduled Tribes 151
                       XII -Promotions-Reservations and concessions 153
                       XIII -Definition and Lists of Scheduled Castes Scheduled Tribes 163
                       XIV -Verification of the claims of Scheduled Castes 164
                       XV -Liaison officers 165
                       XVI-Strict observance of the orders regarding reservation for
                       Scheduled Castes and Scheduled Tribes 167
                       XVII -Other instructions 167
                       XVIII-Powers of the Commissioner for Scheduled Castes
                       and Scheduled Tribes to call for files and records 
                       and representations from Scheduled Castes and
                       Scheduled Tribes employees to him 176
                       XIX-Reservations for Scheduled Castes and Scheduled Tribes in the
                       services under the public sector understandings, statutory and
                       semi-Government Bodies and voluntary agencies receiving 
                       Grants-in-aid from the Government 177
                   APPENDIX I-Model roster for posts filled by direct recruitment on
                   All-India basis by open competition 180
                   Model roster for posts filled by direct recruitment on All-India
                   basis otherwise than open competitions 181
                   Statement showing the percentage and number of points to be
                   reserved for Scheduled Castes and
                   Scheduled Tribes in 100 point roster 182
                   Form of register to be maintained to give effect to the roster
                   for reservations for Scheduled Castes/Scheduled Tribes 186
                   Detailed instructions for the maintenance of rosters 187
                   Hypothetical illustration showing how the vacancies reserved 
                   for Scheduled Castes and Scheduled Tribes but not so filled 
                   could be carried forward lapsed 188
                   Proforma for conducting inspection of rosters maintained for
                   providing reservations for Scheduled Castes and Scheduled Tribes
                   in services 194
                   Statement showing the total number of Government Servants and
                   the number of Scheduled Castes and Scheduled Tribes amongst them
                   as on 1st Jan 196
                   Statement Showing the number of Reserved Vacancies filled 
                   by members of Scheduled Castes and Scheduled tribes in the 
                   Ministry/Dept. Office   197
                   Requisition form for recruitment through employment exchanges 199
                   Para 8.1 (iii) 200
                   Para 10.5 203
                   Detailed instructions for filing vacancies reserved for 
                   Scheduled Castes and Scheduled Tribes in posts filled by 
                   promotion (i) by Selection in Class III and IV and 
                   (ii) through limited departmental competitive examinations 204
                   Form of certificate to be produced by a candidate to a Scheduled Caste
                   or Scheduled Tribe in support of him claim 205
                   List of authorities empowered to issue certificates
                   of verifications 206
                   List of points for guidance of the authorities empowered to issue
                   Scheduled Castes and Scheduled Tribes certificate 206
                   List of All India Radio Stations (in areas within concentration of
                   Scheduled Castes and Scheduled Tribes populations) to which
                   reserved vacancies are to be notified for announcement 209
                   Para 10.2 211
                   Statement showing number of posts filled by deputation and number
                   of Scheduled Castes and Scheduled Tribes candidates appointed
                   against such posts 221 
                   SUBJECT INDEX 222