Strict Implementation of OBC Reservations in Employment & Students Admissions in various Ministries /Departments /institutions under Central/State Governments
कर्मचारी भविष्य निधि संगठन
Employees’ Provident Fund Organisation
श्रम एवं रोजगार मंत्रालय, भारत सरकार
Ministry of Labour &. Employment, Government of India
भविष्य निधि भवन/Bhavishya Nidhi Bhawan
14, भीकाजी कामा प्लेस, नई दिल्ली 110066
Bhikaiji Cama Place, New Delhi 110066
All ACCs (HQ) / All ACCs lo-charge (Zonal Offices)
ACC (ASD) Head Office
Subject: Strict implementation of OBC reservations in employment & students admissions in various Ministries /Departments /institutions under Central/State Governments – reg.
Please find enclosed herewith a copy of letter no. A-11025/1/2021-Adm. dated 24.2.2021 received from Ministry of Labour & Employment alongwith its enclosures i.e. a copy of National Commission for Backward Classes’ letter dated 03.2.2021 and copy of DoP&T letter dated 23.1.2021 for information & strict compliance.
Encl :As above.
Additional Central P.F. Commissioner (BRM)
Government of India/Bharat Sarkar
Ministry of Labour/Shram Mantralaya
Shram Shakti Bhawan, Rafi Marg,
New Delhi, Dated 24th February, 2021
Sub:- Strict Implementation of OBC reservations in employment & students admissions in various Ministries/Departments /Institutions under Central/State Governments – reg.
The undersigned is directed to forward herewith a copy of National Commission for Backward Classes’s letter No.NCBC/11/01/38/2021-RW dated 03rd February, 2021 and copy of DoP&T letter No.A36011/1/2013-Estt (Res) dated 23rd January, 2014 on the subject cited above for information and strict compliance.
Encl: As above.
(Nirmal Kumar Bhagat)
Under Secretary to the Government of India
Government of India
राष्ट्रीय पिछड़ा वर्ग आयाेेग
NATIONAL COMMISSION FOR BACKWARD CLASSES
(A Constitutional Body under Article 338B of the Constitution of India)
F.No. NCBC 11/01/38/2021 -RW Dated: .01.2021
Sub: Strict Implementation of OBC reservations in employment & students admissions in various Ministries/Departments/Institutions under Central/State Governments – reg.
Ref: (i). Govt. of India Letter No. A36011/1/2013-Estt(Res) DoPT, dated 23rd January 2014, circulating a Brochure on reservation for SC/ST and OBC s in Services.
The Commission has been receiving several complaints, regarding the irregular appointments based on faulty rosters and irregularities in student admissions, by which Socially & Educationally Backward Classes are deprived of their posts & their admissions.
2. The Constitution of India has declared equality of opportunity in the matter of public employment and under Clauses (4) and (4A) of Article 16 of the Constitution, it is declared that nothing in the said Article shall prevent the State from making any provision for reservation of appointments or posts in favour of backward class of citizens, which in the opinion of the State is not adequately represented in the services under the State.
3. There have been several steps taken by the Central/State Governments by enacting laws/rules/orders for effective implementation of OBC reservations in posts & student admissions. However, the Governments have to monitor such effective implementation.
4. Objective of providing reservations to the Backward Classes (OBCs) in Services & admission is not only to give jobs to some persons belonging to these communities, but basically aims sat empowering them and ensuring their participation in the decision making process of the State.
5. In this regard, it is reiterated that Hon’ble Justice B.P. Jeevan Reddy, while delivering the majority judgment in the matter of Indra Sawhney & Ors Vs. UOI & Ors, observed that public employment gives a certain status and power, besides the means of livelihood.
6. This commission constituted under Constitution of India through 102nd Amendment is empowered through Article 338(5) as:
(5) It shall be the duty of the Commission
(a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; and
(c) to make.in such reports the recommendations as to the measures that should be taken by the Union or any Stale for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes;
7. Hence, it ix directed that ‘a wide circulation of this directions be made “to all
Ministries/Departments/Institutions running under Central/State governments, and to see effective implementation of OBC reservations in posts &admissions as per the reservations Acts/rules/orders.
(Dr. Bhagwan Lal Sahani)
- All Secretaries of Ministries/Departments of GoI.
- All Chief Secretaries of State Government /UT of India.
- Chairman/Managing Directors of CPSEs/SPSEs.
- Secretary, Ministry of Social Justice & Empowerment, New Delhi.
- Secretary, DoPT, North Block, New Delhi.