GO.(P).No:65, Dt:15-02-1997 | State and Subordinate Service Rules - DPC

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services - Introduction of Principle of carry forward System in respect of vacancies of Backward Classes (all) groups and women in implementing the reservation in Government jobs on par the Scheduled Castes and Scheduled Tribes in the matter of direct recruitment - amendment to Rule 22nd 22-A of the Andhra Pradesh State and Subordinate Service Rules, 1996 - Orders - Issued.

GENERAL ADMINISTRATION (SER-D) DEPARTMENT

G.O.(P) No.65                                                                                               Dated: 15th February 1997.

        Read the following

1. G.O.Ms.No.436. Genl. Admn. (Ser.D) Dept., dated 15-10-1996.

2. G.O.Ms.No.23, Backward Classes Welfare (P) Department., dt.18-3-1996.

3. G.O.Ms.No.41. Women Development & Child Welfare Dept., dt.1-8-1996.

4. G.O.Ms.No.56. Women Development & Child Welfare Dept., dt. 18-10-1996.

5. Govt. Lr.No.662/Ser.D/95-5, Genl. Admn. (Ser.D) Dept., dt.21-1-1997

6. From the Secretary, APPSC, Hyderabad, Lr.No.76/RR/2/95., dt. 4-2-1997.

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ORDER:

The following notification will be published in the Andhra Pradesh G:11ettetl:


NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh State and Subordinate Service Rules.

ADMENDMENTS

In the Andhra Pradesh State and Subordinate Service Rules, for rule 22 and rule 22-A, the following shall be substituted respectively.

I. "Rule 22. Special Representation (Reservation):

1.  Reservations may made be for appointments to a Service. class or category in favour of Scheduled Castes Women Physically Handicapped, Meritorious Sportsman, Ex-servicemen and such other categories, as may be prescribed by the Government from time to time. to the extent and in the manner specified hereinafter in these rules or as the case may be in the special rules. The principle of reservation as herein after provided shall apply to all appointments to a service, class or category.


(i) by direct recruitment. except where the Government by a General or special order made in this behalf exempt such service, class or category:

 

(ii) otherwise than by direct recruitment where the special rules lay down specifically that the principle of reservation in so far as it relates to Scheduled Castes and Scheduled Tribes only shall apply to such service, class or category to the extent specified therein.

2. (a) The unit of appointments for the purpose of this rule shall he one hundred vacancies. of which fifteen shall be reserved for Scheduled Castes. Six shall be reserved for Scheduled Tribes. Twenty-five shall be reserved for the Backward Classes and the remaining fifty-four appointments shall be made on the basis open competition and subject of rule 22-A of these rules.

b) Out of fifty-four appointments to be made on the basis of open competition, three appointments shall be reserved for direct recruitment of the physically handicapped persons.

c) In the case of appointments to clerical posts including the posts of typists i.e., in Group-II and Group-IV Services and in the case of posts in the Andhra Pradesh Police Subordinate Service, to which the principle of reservation of appointments applies, out of fifty-four as the case may be, fifty-one appointments to be made on the basis of open competition.  Two appointments shall be reserved for direct recruitment of Ex-Servicemen.

d) In the case of appointments to the posts of Senior Assistants, Jr. Assistants, Junior Stenographers, Typists and Record Assistants in the officers of Heads of Departments, Assistant Section Officers, Typist-cum-Assistants, Junior Stenographers and Record Assistants in the Secretariat to which the principle of reservation of appointments applies, out of fifty four, as the case may be forty nine appointments to be made on the basis of open competition, one appointment shall be reserved for direct recruitment of meritorious sportsmen;

Provided that the clai1m or member, of the Scheduled Castes. Scheduled Tribes, Backward Classes, Women and the Physically handicapped persons or the Ex-servicemen as the case may be, shall also be considered for the remaining appointments which, shall be filled on the basis of open competition, the number of appointments reserved for that category shall in no way be affected during the period the reservation for that category is in force.

(e) Appointments under this rule shall be made in the order or rotation specified below in a unit or hundred vacancies:


1. Open Competition - Women

2. Scheduled Castes - Women

3. Open Competition

4. Backward Class (Group-A)-Women

5. Open Competition –

6. Open Competition - Women

7. Scheduled Castes

8. Scheduled Tribes - Women

9. Open Competition

10. Back ward class (Group-B) Women

11. Open Competition

12. Open Competition - Women

13. Open Competition

14. Back ward Class (Group-C)-Women

15. Open Competition - Women

16. Scheduled Castes

17. Open Competition women

18. Back ward Class (Group-D) -Women

19. Open Competition

20. Backward Class (Group-A)

21. Open Competition

22. Scheduled Castes - Women

23. Open Competition - Women

24. Backward Class (Group-B)

25. Scheduled Tribes

26. Open Competition

27. Scheduled Castes

28. Open Competition

29. Backward Class (Group-A)

30. Open Competition - women

31. Open Competition

32. Open Competition

33. Scheduled Tribes

34. Open Competition - Women

35. Backward Class (Group-B)

36. Open Competition

37. Open Competition

38. Open Competition - Women

39. Backward Class (Group-D)

40. Open Competition

41. Scheduled Castes

42. Open Competition

43. Backward Class (Group-D)

44. Open Competition - Women

45. Backward Class (Group-A) - Women

46. Open Competition

47. Scheduled Castes - Women

48. Open competition

49. Backward less (Group-B) - Women

50. Open Competition-women

 

51. Open Competition

52. Scheduled Castes

53. Open Competition

54. Backward Class (Group-A)

55. Open Competition -Women

56. Open Competition

57. Open Competition

58. Scheduled Tribes - Women

59. Open Competition - Women

60. Backward Class (Group-B)

61. Open Competition-women

62. Scheduled Castes

63. Open Competition

64. Backward Class - (Group-D) women

65. Open Competition-women

66. Scheduled Castes-Women

67. Open Competition

68. Backward Class - (Group-D)

69. Open Competition

70. Backward Class - (Group-A)

71. Open Competition-women

72. Scheduled Castes

73. Open Competition

74. Backward Class - (Group-B)

75. Scheduled Tribes

76. Open Competition

77. Scheduled Castes

78. Open Competition - Women

79. Backward Class - (Group-A)

80. Open Competition

81. Backward Class - (Grnur-13) - Women

82. Open Competition

83 Scheduled Tribes

84. Open Competition - Women

85. Backward Class - (Group-13)

86. Open Competition

87. Scheduled Castes - Women

88. Open Competition

89. Backward Class - (Group-D)

90. Open Competition - Women

91. Scheduled Castes

92. Open Competition

93. Backward Class - (Group-D)

94. Open Competition

95. Back ward class (Group-B)

96. Open Competition women

97. Scheduled Castes

98. Open Competition

99. Backward Class (Group-Bl - Women

100. Open Competition


PROVIDED THAT: -

(i) in the case of appointments 10 a post referred 10 in sub-rule (c), the 12th and 37th turns in each unit of hundred vacancies shall be reserved for ex-servicemen. However, wherever the special or adhoc rules provide that there shall be no reservation for ex-servicemen or if a qualified and suitable candidate is not available from ex-servicemen, the turn allotted to ex-servicemen shall be deemed to be allotted to Open Competition.

 

(ii) The 6th, 31st and 56th turns in each unit of hundred vacancies shall be allotted to the physically handicapped persons and where qualified and suitable candidates are not available from among the physically handicapped persons, the turn allotted for them in the unit referred to above, shall be carried forward for three succeeding recruitment years and the reservation for these vacancies shall cease thereafter.

(f) The reservation in the case of Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) and physically handicapped persons shall be in force for the period commencing from the 23rd September, 1990 to 22nd September, 2000.

(g) If in any recruitment, qualified candidates belonging to the Scheduled castes, Scheduled Tribes, Backward Classes (Group-A) (Group-B), (Group-C) and as the case may be (Group-D) and women are not available for appointment to any or all the vacancies reserved for them, a limited recruitment confined to candidates belonging to them shall be made immediately after the general recruitment to select and appoint qualified candidates from among the persons belonging to these communities to fill such reserved vacancies.

(h)

(I) If in any recruitment. qualified candidates belonging to Scheduled Castes or. Scheduled Tribes or, Backward Classes (Group-A). (Group-B), (Group-C) and as the case may be (Group-D) or women are not available for appointment to all or any of the vacancies reserved for them even after conducting a limited recruitment as specified in sub-rule (g), such vacancies or vacancy may be allotted to the Open Competition after obtaining the permission of the Government and· may, thereafter, be filled by a candidate or candidates selected on the basis of open competition.

 

(II) Where any vacancies reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-8), (Group-C}, and as the case may be (Group-D) or Women are so filled by candidates belonging to other communities. an equal number of vacancies shall be reserved in the succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women in addition to the vacancies that may be available for that recruitment for them and if in the said succeeding recruitment year also qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A). (Group-8), (Group-C) and as the case may be (Group-D) or Women are not available for appointment all or any of the additional vacancies which are so reserved in that succeeding recruitment year an equal number of vacancies shall again be reserved in the next succeeding recruitment year for the Scheduled Castes or, Scheduled Tribes of Backward Classes (Group-A), (Group- 8), (Group-C), and as the case may be (Group-D),>r Women in addition to the number of vacancies that may be available for the next succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women.

 

Provided that if in the said second succeeding recruitment also no qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-8), (Group-C) and as the case may be (Group-D) or Women are available for appointment to all or any of the additional vacancies which are so reserved in that succeeding recruitment year, an equal number of vacancies shall again be reserved in the ·next succeeding recruitment year for the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women in addition to the number of vacancies that may be available for the next succeeding recruitment for the Scheduled Castes, or Scheduled Tribes or Backward Classes or Women.

 

Provided further that in the third succeeding recruitment if qualified candidates belonging to Scheduled Tribes or as the case may be Scheduled Castes, are not available, a vacancy reserved to be filled by a candidate belonging to Scheduled Tribes may be filled by a candidate belonging to scheduled Castes and a vacancy reserved to be filled by a candidate belonging to Scheduled Tribes and if a qualified candidate belonging to a particular group of backward classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) is not available for appointment, the vacancy reserved to that group shall accrue to the next group.

 

Provided further that if after three successive recruitments, if no candidate belonging to Scheduled Castes, Scheduled Tribes and Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or women is available, such vacancy will be treated as deserved.

 

(III) If any additional vacancy or vacancy or vacancies reserved in favour of candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women in any recruitment in accordance with the provisions in clause (II), appointments thereto shall be made before the appointments in the order of rotation for the relevant recruitments are made.

(i) At no selection for recruitment other than any limited recruitment made in accordance with the provisions of sub rule (g), the number of reserved vacancies including the additional vacancies reserved under sub-rule (h), shall exceed 52% of the total number of vacancies for the selection; and all vacancies in excess of 52% of the total number of vacancies for which recruitment is made on any particular occasion shall, notwithstanding anything in this rule, be treated as unreserved:

Provided further that the carry forward vacancies and current reserved vacancies in a recruitment year shall be available for utilisation even where the total number of such reserved vacancies exceeds 52% of the vacancies filled in the recruitment, in case the overall representation of the Scheduled Castes, or Scheduled Tribes or Backward Class (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) and Women in the total strength of the concerned grade or cadre, has not reached and prescribed percentage of reservation of 115% for the Scheduled Castes, or 6% for the Scheduled Tribes, 7% for the Backward Classes (Group-A), 10% for backward classes (Group-8), I% for backward classes (Group-C), 7% for Backward Classes (Group-O) respectively.

(j) Where there is only a single solitary post borne on the class, or category of a service, the rule of special representation shall not apply for appointment to such post, not-withstanding anything contained in the foregoing sub-rules.

Provided that the rule of special representation shall be applicable for appointment if the number of posts borne on the cadre, category or grade is more than one, even though selection is to be made against only one vacancy at any recruitment other than limited recruitment.

(k) In respect of appointments by promotion or recruitment by transfer from Subordinate Service to State Service, where such appointments or recruitment by transfer is required to be made on the principle of merit and ability, seniority being considered only where merit and ability are approximately equal, the claims of any members of the Scheduled Castes and Tribes shall be considered for such appointment on the basis of seniority subject to fitness.

Provided that a member of the Scheduled Caste or the Scheduled Tribe possessing superior merit and ability shall be allowed to supersede not only others but also the members of Scheduled Castes or Scheduled Tribes as the case may be.

NOTE: -

 
1) the principle. of carry forward of vacancies in respect of Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) shall be with effect from the 18th March, 1996.

 

2) The principle of carry forward of vacancies in respect of women shall be \16ith effect from the 28th October, 1996.

 

3) The principle, of roster points for women candidates shall be with effect from the 1st August, 1996.

II. Rule 22-A Women Reservation in appointments:

Notwithstanding anything contained in these rules or special rules or Adhoc Rules:-  

 

(1) In the matter, of direct recruitment to posts for which women are better suited than men, preference shall be given to women: Provided that such absolute preference to women shall not result in total exclusion of men in any category of posts.

 

(2) In the matter of direct recruitment to posts for which women and men are equally suited, there shall be reservation to women to an extent of 33 1/ 3% of the posts in each category of Open Competition, Backward Classes (Group-A), Backward Classes (Group-B), Backward Classes (Group-C), Backward Classes (Group-D), Scheduled Castes, Scheduled Tribes and Physically Handicapped and Ex-Servicemen quota.

 

(3) In the matter of direct recruitment to posts which are reserved exclusively for being filled by women, they shall be filled by women only,

NOTE: -

(1) The principle of reservation for women candidates to the extent of 30% in the matter of direct recruitment shall be from 02-01-1984 to 27-05-1996 (G.O.Ms.No.928, General Administration (Ser.D) Department, dated 06-10-1995).

 (2) The principle of reservation for women candidates to the extent of 33 1/3% in the matter of direct recruitment shall be with effect from the 28-5-1996 (G.O. Ms.NO.237, General Administration (Ser.D) Dept., dated 28- 05-1996.

(By Order and in the Name of the Governor of Andhra Pradesh)

M.S. RAJAJEE
Chief Secretary to Government.



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