No.36012/35/2013-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, North Block,
Dated the 21st January, 2014
OFFICE MEMORANDUM
Subject: - Indentification of Scientific and Technical posts in terms of DoPT’s O.M. No. 9/2/73-Estt (Res), dated 23.6.1975.
The undersigned is directed to invite a reference to this Department’s O.M No. 9/2/73-Estt(SCT), dated 23rd June, 1975 wherein it has been stated that scientific and technical posts required for conducting research or for organizing, guiding and directing research which satisfy the conditions laid down therein, can be exempted from the purview of the orders relating to reservations for Scheduled Castes and Scheduled Tribes.
2. The Hon’ble Supreme Court in its judgment date 18.7.2013 in Civil Appeal No. 4500/2002[Faculty Association of AIIMS Vs UOI & Ors] impressed upon the Central and State Governments to take appropriate steps in accordance with the views expressed in Indra Sawhney’s case wherein it was observed that there were certain services and posts where either on account of the nature of duties attached to them or the level in the hierarchy at which they stood, mental one counts and in such situations, it cannot be advised to provide for reservation.
3. In this connection, attention is invited to para 2 of this Department’s O.M No. 9/2/73-Estt(SCT), dated 23.6.1975 (copy enclosed) in which Ministries/Departments were asked to review the list of scientific and technical posts under their control which are at present exempt from the purview of the orders relating to reservations for Scheduled Castes & Scheduled Tribes. Keeping in view of the aforesaid judgment of the Hon’ble Supreme Court, it has been decided to identify all such Scientific & Technical posts in each Ministry/Department.
4. All the Ministries/Departments are requested to identify scientific and technical posts under them and intimate this Department about such posts which have been exempted from the purview of reservation. The information may be furnished to this Department by 15th February 2014.
Sd/-
(Sandeep Mukherjee)
Under Secretary to the Government of India
Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_35_2013-Estt.Res.-21012014.pdf
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