The Rules of Reservation in India are designed to provide opportunities for historically marginalized communities in education and employment. The Supreme Court has outlined specific guidelines to ensure fair representation while maintaining merit-based selection processes. Here's a breakdown of the key rules:
1. Vertical vs. Horizontal Reservations:
- Vertical reservations: (e.g., for SC, ST, OBC) are social reservations.
- Horizontal reservations: (e.g., for women, physically handicapped) are special reservations.
2. Vertical Reservations:
- Candidates from backward classes competing for non-reserved posts won't reduce their community's quota.
- If SC candidates selected through merit exceed the quota, the reserved seats remain intact.
3. Horizontal Reservations:
- Special reservations within social reservations follow a different procedure.
- For example, within SC reservations, if there's a special quota for SC women, seats are first filled based on SC merit.
4. Policy Amendments:
- The government must review and amend policies on horizontal reservations based on Supreme Court judgments.
5. Recent Decision (103rd Amendment):
- The Supreme Court upheld the 103rd Constitutional Amendment, affirming reservations in promotions for SCs and STs.
6. Ex-Servicemen Reservations:
- Specific roster points allocated for Ex-Servicemen in direct recruitment.
- Preference given to women; if not available, men are considered.
7. Reservation for Persons with Disabilities:
- 3% reservation in direct recruitment for persons with disabilities.
- Exemptions allowed based on work nature, subject to committee approval.
8. Horizontal Reservation for Women:
- 33 1/3% reservation for women in various categories.
- Extended to different groups, including Open Competition, Backward Classes, Scheduled Castes, Scheduled Tribes, and others.
9. Sports Quota Reservations:
- 2% reservation for meritorious sports persons in all posts.
- If no eligible sports persons, points allotted to open competition.
10. Economically Weaker Sections (EWS) Reservations:
- 10% reservation for EWS in educational institutions and state government posts.
- Criteria: Gross annual family income below Rs.8.00 lakhs.
11. Amendments and Operational Guidelines:
- Amendments to accommodate reservations for various categories, including EWS.
- Operational guidelines issued for admissions and appointments under EWS reservations.
Key Points on Reservation Percentage and Operational Guidelines:
- 4% reservation for persons with benchmark disabilities.
- 1% each reserved for specific categories: Blindness, Deaf, Locomotor disability, Autism, Multiple disabilities.
- Horizontal reservation explained as special reservations in addition to social reservations.
- Sequence for filling up posts outlined: Open competition, vertical reservations, horizontal reservations.
Reservation for Persons with Benchmark Disabilities:
- Exemption allowed for government departments based on duties.
- Adjustment against unreserved vacancies allowed based on suitability.
- Reservation register maintained with a 100-point cycle for each disability category.
Cycles and Carry Forward Vacancies:
- Three cycles of 100 points each for persons with benchmark disabilities.
- Carry forward of vacancies if not filled in a specific cycle.
Procedure for Filling Vacancies:
- Horizontal reservation cuts across vertical reservation.
- Promotion not denied based on disability; provisions for creating supernumerary posts for PBDs.
- Relaxation of standards allowed if sufficient candidates not available.
General Guidelines:
- Adequacy of representation considered in every cycle.
- Quotas deleted if already filled in earlier cycles.
- Clear specification of quota-wise roster points.
Horizontal Reservation for Meritorious Sports Persons:
- 2% reservation horizontally in direct recruitment.
- Adjustment in roster against respective categories.
- Representation of women ensured after three cycles.
Horizontal Reservation in Promotion for SC/ST and Persons with Benchmark Disabilities:
- No reservation for certain categories.
- Reservation for SC/ST and PWD with compartmental reservation for women.
- Adequacy of women candidates assessed before implementing horizontal reservations.
Horizontal Reservation for Women:
- No roster points assigned.
- 33 1/3% representation of women ensured within three cycles.
- Selection process based on merit, followed by reservation quotas.
These guidelines ensure proper representation and opportunities for various sections in government establishments, maintaining a balance between merit-based selection and social inclusivity.
