The Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Rules, 2000.
SOCIAL WELFARE (C.V. 1) DEPARTMENT
G.O.Ms.No. 47. Dated:31-05-2000.
ORDER:
In exercise of the powers conferred by sub-section (1) of Section 7 of the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 and supersession of the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Rules, 1999 issued in G.O. Ms. No. 116, Social Welfare (C.V.1) Department, dated 10th December 1999, the Governor of Andhra Pradesh hereby makes the following Rules, namely:
R U L E S
01. SHORT TITLE AND COMMENCEMENT:
(1) These Rules may be called the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Rules, 2000.
(2) It shall be deemed to have come into force from 10th December 1999.
02. DEFINITIONS:
In these Rules, unless the context otherwise requires:
(a) "Act" means the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000;
(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 No. 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 namely:
(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 in the State;
(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 instruction for admission into Educational Institutions, in favour of Scheduled Castes or Scheduled Tribes or Backward Classes or Women as the case may be.
(f) 'Scheduled Castes' shall have the meaning assigned to it in clause (24) of Article 366 of the Constitution of India.
03. PROCEDURE FOR IMPLEMENTATION OF THE RULE OF RESERVATION:
In order to implement the Rule of Reservation under Section 3 of the Act:
(1) one percent of the seats both in public appointments or posts and admissions to Educational Institutions out of 15% meant for Scheduled Castes shall be reserved for the persons belonging to the Scheduled Castes referred to in clause (a) of Sec. 3 of the Act.
Provided that in the case of reservation of appointments or posts and admissions to Educational Institutions shall be allotted to S 1. No. 2 of the roster as specified in Rule 22 (e) of the Andhra Pradesh State and Subordinate Service Rules, 1996.
(2) seven percent of seats both in public appointments or posts and admissions to Educational Institutions out of 15% meant for Scheduled Castes shall be reserved for the persons belonging to the Scheduled Castes referred in clause (b) of Section 3 of the Act.
Provided that in the case of reservation of appointments or posts and admissions to Educational Institutions shall be allotted to Sl. No. 7, 22, 41, 62, 72 87 and 97 of the roster as specified in Rule 22 (e) of Andhra Pradesh State anu Subordinate Service Rules, 1996.
(3) six percent of seats both in public appointments or posts and admissions to Educational Institutions out of 15% for the Scheduled Castes shall b1. reserved for the persons belonging to the Scheduled Castes referred to in clause of Section 3 of Act.
Provided that in the case of reservation of appointments or posts and admissions to Educational Institutions 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 Service Rules, 1996.
(4) one percent of seats both in public appointments or posts and admissions to Educational Institutions out of 15% meant for Scheduled Castes shall be reserved for the persons belonging to the Scheduled Castes referred to in clause (d) of Section 3 of Act.
Provided that in the case of reservation of appointments or posts and admissions to the Educational Institutions shall be allotted to Sl. No. 52 of the roster as specified in Rule 22 (e) of the Andhra Pradesh State and Subordinate Service Rules, 1996.
04. 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 alternative for Scheduled Castes-A and one seat to Scheduled Castes-D as specified in Section 3 of the Act.
05. NON-AVAILA BILITY OF ELIGIBLE CANDIDATES:
If eligible candidates for public appointments or posts and admissions to Educational Institutions 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 as specified in Section 3 of the Act.
Note: If an eligible candidate for public appointment or admission to Educational Institutions is not available from Scheduled Castes-A, the roster point may be filled up by a candidate of Scheduled Caste-B and so on and so forth. In the case of women candidates also in the roster point fixed for scheduled caste-A (women) if an eligible woman candidate is not available, the roster pint may be filled up by a woman candidate belonging to the Scheduled Castes-Band so on and so forth.
06. CARRY FORWARD OF VACANCIES:
If no eligible Scheduled Caste 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 Act, is available, then the vacancy shall be carried forward and shall not be filled up 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.
07. NON-APPLICABILITY OF THE 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 up by Scheduled Castes 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.
08. 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 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 these rules.
09. POWERS TO REMOVE DOUBTS AND DIFFICULTIES:
If any doubt or difficulty arises in giving effect to the provisions of this rule, the Government may, by order, make such provisions or give such directions, not inconsistent with the provisions of this rule, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty.
10. REMOVAL OF DOUBTS:
For the removal of doubts, it is hereby declared that nothing contained in this rule shall be construed as inclusion in or exclusion from or further classification of the list of Scheduled Castes with respect to the State of Andhra Pradesh.
(By Order and in the name of the Governor of Andhra
Pradesh)
C.R. BISWAL
