Government of India Resolution of 1943 on Representation of the Scheduled Castes in the Services
New Delhi, the 11th August 1943
No. 23/5/42-Ests(S).÷In pursuance of the undertaking given in the Central Legislative Assembly in 1942, the Government of India have carefully reviewed the policy which they have followed since 1934 in regard to the representation of Depressed Classes, since described in the Government of India Act, 1935 as 'Scheduled Castes', in services under their administrative control. In their Resolution No. F. 14/17-B/33, dated the 4th July 1934, the Government of India stated that in the then state of general education among these classes they did not consider that any useful purpose would be served by reserving for them a definite percentage of vacancies. In order, however, to secure fair representation for Scheduled Castes they directed that duly qualified members of these classes might be nominated to a public service even though recruitment to that service was being made by competition. Various measures have been taken since then to secure increased representation of the Scheduled Castes in the public services. The results obtained so far have, however, not been substantial. While the Government of India recognise that this is mainly due to the difficulty of getting suitably qualified candidates, they now consider that the reservation of a definite percentage of vacancies might provide the necessary stimulus to candidates of these castes to obtain better qualifications and thus make themselves eligible for various Government posts and services. It is believed that the grant of age concessions and the reduction of prescribed fees might also help to secure qualified candidates from among members of the Scheduled Castes. The Government of India have accordingly decided to prescribe the rules mentioned in paragraph 4 below.
(2.) On the basis of the proportion which the population of the Scheduled Castes bears to the population of the other communities entitled to a share in the present unreserved vacancies, the Scheduled Castes would be entitled to 12.75 percent out of the total number of such vacancies. It is, however, not likely that sufficient number of candidates from the Scheduled Castes would be forthcoming to fill the full number of vacancies to which they are entitled on a population basis. The Government of India have, therefore, come to the conclusion that for the present it will be sufficient to reserve a somewhat smaller percentage, viz., 8 1/3. They propose to consider the question of raising this percentage as soon as a sufficient number of qualified candidates from these classes are found to be available.
(3.) The rules mentioned below will apply only to direct recruitment and not to recruitment by promotion which will continue to be made as at present without reference to communal considerations. They will apply to Central Services (Class I and Class II) and the Subordinate Services under the administrative control of the Government of India with the exception of a few services and posts for which highly technical or special qualifications are required and which have been excluded from the purview of the communal representation orders contained in their Resolution No. F. 14/17-B/33, dated the 4th July 1934. In regard to the Railways, the rules will apply to all posts other than those of inferior servants and labourers. The administrations of the Company-managed Railways will be asked to adopt similar rules for the services on those Railways.
(4.) The following rules will therefore be observed in future in order to secure better representation of the Scheduled Castes in public services :÷
(1) 8 1/3 percent of all vacancies to be filled by direct recruitment of Indians in the Central and Subordinate Services to which recruitment is made on an all-India basis will be reserved for Scheduled Castes candidates.
(2) In the case of services to which recruitment is made by local areas or circles and not on an all-India basis, e.g., subordinate posts in the Railways, Posts and Telegraphs Department, the Customs Services, the Income-Tax Department, etc., the total reservation for India as a whole of 8 1/3 percent of vacancies for Scheduled Castes candidates will be obtained by fixing a percentage for each local area or circle having regard to the population of Scheduled Castes in the area or circle concerned and the rules for recruitment adopted by the Provincial Government of the area or circle concerned.
(3) When recruitment is made by open competition and Scheduled Castes candidates obtain fewer vacancies than are reserved for them, the difference will, if possible, be made up by the nomination of duly qualified candidates of those castes.
(4) If Scheduled Castes candidates obtain less than the number of vacancies reserved for them in open competition and duly qualified candidates of these castes are not available, or not available in sufficient numbers, for nomination, the remaining vacancies reserved for such candidates will be treated as unreserved; but a corresponding number of vacancies will be reserved for them in that year under clause (1) or clause (2) above.
(5) If duly qualified candidates of the Scheduled Castes are again not available to fill the vacancies carried forward from the previous year under clause (4) the vacancies not filled by them will be treated as unreserved.
(6) In all cases, a minimum standard of qualification will be prescribed and the reservation will be subject to this condition.
(7) The maximum age limit prescribed for appointment to a service or post will be increased by three years in the case of candidates belonging to the Scheduled Castes.
(8) The fees prescribed for admission to any examination or selection will be reduced to one-fourth in the case of candidates belonging to the Scheduled Castes.
(9) The orders contained in the foregoing rules will also apply to temporary vacancies lasting three months or longer, including vacancies in permanent posts filled temporarily by persons not permanently employed in Government service.
(10) For the purposes of these roles a person shall be held to be a member of the Scheduled Castes if he belongs to a caste which under the Government of India (Scheduled Castes) Order, 1936, has been declared to be a Scheduled Caste for the area in which he and his family ordinarily reside.
Order.÷Ordered that a copy of this
Resolution be communicated to all Chief Commissioners, the several Departments
of the Government of India, the Director, Intelligence Bureau, and the
Federal Public Service Commission for information and guidance; to the
Political Department, the Crown Finance Department, the Secretary to the
Governor-General (Public), the Secretary to the Governor-General (Reforms),
the Secretary to the Governor-General (Personal), the Legislative Assembly
Department, the Federal Court, the Military Secretary to His Excellency
the Viceroy, and all Provincial Governments for information, and also that
the Resolution be published in the Gazette of India.
E. CONRAN-SMITH, Secy.