Reservation in promotion in case of SC/ST candidates promoted on their own merit
1. Please refer to Board’s letters quoted above wherein it has been clarified that SC/ST candidates promoted on their own merit will be adjusted against unreserved points. In this connection it was further clarified that instructions contained in Board’s letters of even number dated 07.08.2002 and 20.06.2003 shall take effect from 07.08.2002.
2. Thereafter, vide Board’s letter of even number dated 06.05.2005, it was clarified that since in the case of promotions by Non-Selection method, promotions are made on the basis of seniority-cum-fitness and the concept of merit is not involved in such promotions, instructions contained in Board’s letter dated 07.08.2002 and 20.06.2003 referred to above do not apply to the promotions made by Non-Selection method.
3. The instructions on the above subject have since been reviewed by the Nodal Department i.e DOP&T in the light of CAT/Madras order in OA No. 900/2005 ( S.Kalugasalamoorthy V/s UOI & others), upheld by Hon’ble High Court/Madras ( WP No.15926/2007). Based on the decision communicated by DOP&T in the matter, it is now 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 shall take effect from 21.08.1997, the date on which post based reservation was introduced on Railways. However, the staff already promoted prior to issue of this letter may not be reverted. Shortfall in the category of SCs/STs, if any, shall be made good through vacancies arising in future.
4. Accordingly, Board’s letters dated 06.05.2005 and 29.01.2009 referred to above are withdrawn herewith.
5. The above instructions may be brought to the notice of all concerned and may be ensured that the same are strictly and scrupulously implemented forthwith.