G.O.No:63 - Amendment to Rule 22A(2) relating to 331/3% Reservation for Women Horizontally in Direct Recruitment

The Andhra Pradesh State and Subordinate Service Rules, 1996 – Amendment  to Rule-22-A(2) relating to 33 1/3% reservation for Women Horizontally in  Direct Recruitment to Public Services – Orders – Issued.

1. According to sub-rule(2) of Rule 22-A(pertaining to Women reservation in appointment) of Andhra Pradesh State and Subordinate Service Rules, 1996 provides for vertical direct recruitment to the posts for which women and men are equally suited, there shall be reservation to women to an extent of 33 1/3% of the posts in each category of Open Competition, Backward Classes (Group-A), Backward Classes (Group-B), Backward Classes (Group-C), Backward Classes (Group-D), Backward Classes (Group-E), Scheduled Castes, Scheduled Tribes and Physically Handicapped and Ex-servicemen quota

In this connection, the Hon’ble Supreme Court in Rajesh Kumar Darla Vs Rajasthan Public Service Commission held as follows:-

1. an Public Service Commission held as follows:- ‘Social reservations in favour of SC, ST and OBC under Article 16(4) are ‘vertical 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.
2. 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’.

AMENDMENT

"In the matter of direct recruitment to posts for which women and men are equally suited, there shall be reservation to women Horizontally to an extent of 33 1/3% of the posts in each category of

Open Competition, Backward Classes (Group-A), Backward Classes (Group-B), Backward Classes (Group-C), Backward Classes (Group- D), Backward Classes (Group-E), Scheduled Castes, Scheduled Tribes and Physically Handicapped and Ex-servicemen and Meritorious Sportsperson quota".

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