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Monday, 25 July 2016

GO MS 40Dt:25.7.16. 33.1/3 % Women Reservation in Direct Recruitments in AP

Public Services State and Subordinate Services 33 1/3 % reservation for Women in Direct   Recruitment   t Publi Services   –   Methodology   to   follow   Horizontal Reservation  - Implementation of Hon’ble Supreme Court Directions - Orders – Issued.

G.O.Ms.No.40                                                                                                      Dated:25-07-2016.
Read the following:
(1)G.OMs.NO.99, G.A(Ser.D) Dept., Dt:08-03-1996.
(2)G.O.Ms.No.41, WD & CW(Estt) Department, dt:01-08-1996. 

3
)G.O.Ms.No.56, WD & CW(Estt..) Dept., Dt:28-10-1996.

(4)  Judgment of Supreme Court in Rajesh Kumar Daria Vs. Rajasthan Public
Service Commission and others etc reported in(2007) 8 SCC 785.

ORDER:-
 1.In the G.O first read above, orders were issued for implementation of rule of reservation to the extent of 33 1/3% to Women in each category of O.C, B.C-A, B.C-B, B.C-C, B.C.D, S.C., S.T., physically handicapped and Ex-Servicemen quota in the matter of Direct Recruitment for the posts, for which women and men are equally suited.

2.In the G.O. second read above, orders were issued fixing the roster points for women in the existing 100 point roster in terms of General Rule 22 of the Andhra Pradesh State and Subordinate Service Rules.


3.In the G.O. third read above, orders were issued for carry forward principle in favour of women in respect of reservation to the Government jobs on par with Scheduled Castes, Scheduled Tribes and Backward Classes and other castes.


4.In the reference fourth read above, the Supreme Court, in Rajesh Kumar Daria
Vs. Rajasthan Public Service Commission [2007(8) SCC 785] held that,


‘Social reservations in favour of SC, ST and OBC under Article 16(4) arevertical  reservations.  Special  reservations  in  favour  of  physically handicapped, women, etc. under Articles 16(1) or 15(3) are horizontal reservations’’. Where a vertical reservation is made in favour of a Backward Class under Article 16(4), the candidates belonging to such Backward Class, may  compete  for  non-reserved  posts  and  if  they  are  appointed  to  the non-reserved posts on their own merit, their number will not be counted against the quota reserved for the respective Backward Class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said that the reservation quota for SCs stood filled. The entire reservation quota will be intact and available in addition to those selected under open competition category.
 But the said principle applicable to vertical (social) reservations, will not apply to horizontal (special) reservations. Where a special reservation for women is provided within the social reservation for SCs, the proper procedure is first to fill up the quota for SCs in order of merit and then find out the number of candidates among them who belong to the special reservation group of ‘Scheduled Caste Women”.  If the number of women in such list is equal to or more than number of special reservation quota, then there is no need for further selection towards the special reservation quota. Only if there
is any shortfall, the requisite number of Scheduled Caste Women shall have to be  taken  by  deleting  the  corresponding  number  of  candidates  from  the bottom of the list relating to Scheduled Castes’. The same view was taken by the Apex Court in its judgment in PublicService Commission, Uttaranchal vs. Mamta Bisht (2010(12)SCC 204)



5.Government after careful consideration of the matter hereby decided to implement  the  Supreme  Court  Judgement  for  providing  33  1/3%  reservation  to Women horizontally, in each category i.e, OC, BC-A, BC-B, BC-C, BC-D, BC-E, SC, ST, Physically Handicapped, Ex-serviceman and meritorious sportsperson, in the matter of direct recruitment to the posts, for which men and women are equally suited.

6.Accordingly, Government hereby issue orders providing 33 1/3% reservation to Women horizontally, in each category i.e, OC, BC-A, BC-B, BC-C, BC-D, BC-E, SC, ST, Physically Handicapped, Ex-serviceman and meritorious sportsperson, in the matter of direct recruitment to the posts, for which men and women are equally suited, by superseding the earlier orders issued in the matter.

7.All  the  recruitment  agencies  under  the  Government  and  the  Government undertakings,  Quasi  Government  Institutions  including  Government  Aided Institutions and Local Bodies whose services are governed by the Andhra Pradesh State and Subordinate Service Rules, are directed to ensure that the reservation for women is implemented scrupulously, any deviation or lapse in this regard will be viewed seriously.

8. Necessary amendments to the Andhra Pradesh State and Subordinate Service Rules will be issued separately.

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