Reservation in Promotion

   Reservation is available to Scheduled Castes and Scheduled Tribes at the rate of 15% and 7.5%, respectively, in all Groups viz. A, B, C (including erstwhile Group D posts) in case of promotion by non-selection method. In case of promotion by selection method, reservation is available in Group B, C and upto the lowest rung of Group A at the same rates.

   As regards senior posts of Secretary, Additional Secretary and Joint Secretary in the Central Ministries/Departments, these posts are filled on deputation basis under the Central Staffing Scheme except the posts in the Ministry of External Affairs. Reservation does not apply to posts filled on deputation. The officers borrowed from various cadres including the State Cadres, who are empanelled to hold such posts and who give their option for deputation are appointed under the Central Staffing Scheme. Likewise, the posts of Director (not including the posts in Central Secretariat Service) are also filled under the Central Staffing Scheme.

Reservation in Promotion.

   The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution. Opinion of the Attorney General of India was sought on the proposed bill and he had not opined that the Bill on the Constitutional amendment for reservation of Scheduled Castes/Scheduled Tribes in promotion in the Government jobs was erroneous.