GOVERNMENT OF ANDHRA PRADESH
The Andhra Pradesh Scheduled Castes (Rationalisation of Reservations)
Rules, 1999.
SOCIAL WELFARE (CV. I) DEPARTMENT
G.O.Ms.No.116 Dated:10-12-1999
In exercise of the powers conferred by sub section
(1) of section 7 of the Andhra Pradesh Scheduled Castes (Rationalisation of
Reservations) Ordinance, 1999 (A.P. Ordinance 6 of 1999) the Governor of Andhra
Pradesh hereby makes the following Rules, namely
RULES
1. Short Title and Commencement:
1) These rules may be called the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Rules, 1999.
2) It shall come into force from the date of publication in the Andhra Pradesh Gazette.
2. Definitions:
In these rules unless the context otherwise requires,
a) "Ordinance" means the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Ordinance, 1999.
b) 'Educational institution' shall have the meaning assigned to it in clause (c) of section 2 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act 5 of 1983);
c) 'Government' means the State Government of Andhra Pradesh.
d) 'Public service' means, services in any office or establishment of,
i) the Government;
ii) a local
authority, i.e.
(a)
a Gram Panchayat or a Manda! Parishad or a Zilla Parishad established under the
Andhra Pradesh Panchayat Raj Act, 1994.
(b)
a Municipality constituted under the Andhra Pradesh Municipalities Act, 1965;
and
(c)
a Municipal Corporation established under the relevant law, for the time being
in force, relating to Municipal Corporations;
(iii) a corporation
or undertaking wholly owned or controlled by the Government;
(iv) a body
established under any law made by the legislature of the State whether
incorporated or not including a University; and
(v) any other body established by the State Government or by a Society registered under any law relating to the registration of societies for the time being in force and receiving funds from the State Government either fully or partly, for its maintenance or any educational institution, whether registered or not, but receiving aid from the Government;
e) 'Rule of Reservation' means any rule or provision for reservation of appointments or posts in public service in the special rules applicable to any particular service or the General Rules of the Andhra Pradesh State and Subordinate Service Rules, as the case may be or any rule or provision for reservation of seats in the rules or instructions for admission into educational institutions, as the case may be, in favour of Scheduled Castes or Scheduled Tribes or Backward Classes or Women;
f) 'Scheduled Castes' shall have the meaning assigned to it in clause (24) of article 366 of the Constitution of India;
3. Procedure for implementation of the rule of reservation
In order to implement the rule of reservation under Section 3 of the Ordinance,
1) one percent of the seats both in public appointments or posts and admissions to educational institutions shall be reserved for the persons belonging to the Scheduled Castes referred to in clause (a) of Section 3 of the Ordinance;
Provided that in the case of reservation of appointments or posts it shall be allotted to SI.No. 2 of the roster as specified in rule 22 (e) of the Andhra Pradesh State and Subordinate Services Rules, 1996.
2) seven percent of the seats both in public appointments or posts and admissions to educational institutions shall be reserved for the persons belonging to the Scheduled Castes referred in clause (b) of Section 3 of the Ordinance;
Provided that in the case of reservation of appointments or posts it shall be allotted to SI.No. 7, 22, 41, 62, 72, 87 and 97 of the roster as specified in rule 22 (e) of the Andhra Pradesh State and Subordinate Services Rules, 1996;
3) six percent of the seats both in public appointments or posts and admissions to educational institutions shall be reserved for the persons belonging to the Scheduled Castes referred to in clause (c) of Section 3 of the Ordinance; Provided that in the case of reservation of appointments or posts it shall be allotted to Sl.No. 16, 27, 47, 66, 77 and 91 of the roster as specified in rule 22 (e) of the Andhra Pradesh State and Subordinate Services Rules, 1996;
4) one percent of the seats both in public appointments or posts and admissions to educational institutions shall be reserved for the persons belonging to the Scheduled Castes referred to in clause (d) of Section 3 of the Ordinance;
Provided that in the case of reservation of appointments or posts it shall be allotted to SI.No. 52 of the roster as specified in rule 22 (e) of the Andhra Pradesh State and Subordinate Services Rules, 1996.
4. Reservation for women:
The reservation for women to an extent of 33 1/3% provided in public services in each roster cycle of 100 points fixed shall be adjusted by allotting two seats for Scheduled Castes-Band two seats to Scheduled Castes - C and one seat alternately for Scheduled Castes - A and one seat to Scheduled Castes - D as specified in Section 3 of the Ordinance.
5. Non-availability of eligible candidates:
1) If eligible candidates for public appointments or posts are not available to fill the slots reserved for them in the roster points as specified in rule 3 it shall be filled in by the candidates belonging to the next group of the Scheduled Castes communities as specified in Section 3 of the Ordinance.
Note: If an eligible candidate of Scheduled Castes - A is not available, the roster point may be filled by a candidate of Scheduled Castes - B and so on and so forth. In the case of women candidates also in the roster point fixed for Scheduled Castes -A (woman), if an eligible woman candidate is not available, the roster point may be filled by a woman candidate belonging to the Scheduled Castes - B group and so on and so forth.
2) If eligible candidate for admission to educational institutions are not available to fill up the seats as specified in rule 3 it shall be filled in by the candidate belonging to the next group of Scheduled Caste communities.
6. Carry forward of vacancies:
If no eligible Scheduled Castes candidate (including woman candidate) belonging to any of the Scheduled Castes referred to in clauses (a), (b), (c) and (d) of Section 3 of the Ordinance is available then the vacancy shall be carried forward and shall not be filled by a candidate belonging to any other community other than the Scheduled Castes in accordance with the rules or the instructions issued by the Government in this regard.
7. Applicability of the rules in educational institutions:
These Rules shall be made applicable in all the educational institutions under the control of the State Government, whenever rule of reservation is applicable.
8. Non-applicability of foe rules in public appointments/admissions
1) In the case of public appointments for the filling up of backlog vacancies or regular vacancies to be filled by Scheduled Caste candidates, pursuant to various Government instructions issued in this regard from time to time, and where the selection process has been completed and appointment orders have been despatched or the applicant has been intimated officially that he or she has been selected and should await posting orders, these rules shall not be made applicable.
2) Similarly, in the case of admissions into educational institutions wherever the admissions have been finalised and the applicant has been intimated officially that he or she has been selected for admission, these rules shall not be made applicable.
9. Applicability of the rules in cases of various stages of the selection / admission process:
1) Wherever the selection process for filling up of the backlog vacancies or regular vacancies are at various stages, such as (a) the vacancies have been notified; (b) the applications have been received; (c) the call letters have been sent to the applicants to appear for written test or an interview or both; (d) the written tests or interview or both have been completed but the appointment orders have not been despatched or selection has not been intimated to the applicants, in such cases the appointing authorities shall follow the procedure as specified in rule 3 and 4 of these rules.
2) Similarly, in the case of admissions into educational institutions wherever the selection process for admission is at various stages such as (a) vacancies have been notified; (b) applications have been received; (c) the applicants have been asked to appear for any written test or interview or counselling; (d) the written test and interview or counselling have been completed, but the admissions have not been intimated to the applicants, in such cases the admissions shall be completed following the rule of reservation as specified in rule 3 and 4 of these rules.
10. Applicability of the rules in future appointments/admissions to educational institutions
These rules shall be made applicable to all public appointments and admissions to educational institutions from the date of commencement of these rules wherever rule of reservation is applicable.
(By Order and in the name of the Governor of Andhra Pradesh)
