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Clarification on 'Own Merit' in Direct Recruitment/Promotion for Reserved Category Candidates | ST & SC Development Department Letter No.9838 Dated 06.05.2024

Clarification on 'Own Merit' in Direct Recruitment/Promotion for Reserved Category Candidates | ST & SC Development Department Letter No.9838 Dated 06.05.2024
Clarification on 'Own Merit' in Reservation Promotions

Clarification on the Concept of 'Own Merit' in Direct Recruitment/Promotion

Department: ST & SC Development, Minorities & Backward Classes Welfare Department, Government of Odisha

Letter No: 9838 | Date: 06.05.2024

A clarification was sought regarding the concept of 'own merit' in promotion to unreserved vacancies from among reserved category candidates in the gradation list.

The Law Department, after considering various case matters, has provided detailed views on the subject (dated 27.02.2024 – enclosed). All Departments are requested to refer to the same for guidance and necessary action.

Additionally, DoPT, Government of India vide O.M. No.36012/16/2019-Estt.(Res.) dated 12.04.2022 (copy enclosed) has clarified the conditions laid down by the Supreme Court in the judgment dated 28.01.2022 in Jarnail Singh and Ors. vs Lachhmi Narain Gupta and Ors. (which currently holds the field) for implementing reservation in promotions.

All Departments are advised to ensure compliance with these conditions before convening Departmental Promotion Committees (DPCs) to avoid future legal complications.

This letter is issued for kind information and necessary action by all concerned Departments.

Key Action Points:
- Refer to the detailed Law Department views dated 27.02.2024 (enclosed).
- Follow DoPT O.M. dated 12.04.2022 and Supreme Court conditions on reservation in promotions.
- Ensure all prerequisites are satisfied before DPC to prevent legal issues.

📄 Official Letter (PDF): View / Download

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Frequently Asked Questions (FAQ)

1. What is the concept of 'own merit' in this clarification?

'Own merit' refers to the placement of reserved category candidates in unreserved vacancies based on their merit position in the gradation list during promotion or direct recruitment.

2. Which department sought and provided the clarification?

The ST & SC Development Department sought clarification, and the Law Department provided detailed views on 27.02.2024.

3. What Supreme Court judgment is referenced here?

The judgment dated 28.01.2022 in Jarnail Singh and Ors. vs Lachhmi Narain Gupta and Ors., which sets conditions for reservation in promotions.

4. What must Departments ensure before convening DPC?

Departments must ensure compliance with the conditions laid down in the Supreme Court judgment and DoPT O.M. dated 12.04.2022 to avoid legal complications.

5. Where can the enclosures be found?

The Law Department views (27.02.2024) and DoPT O.M. No.36012/16/2019-Estt.(Res.) dated 12.04.2022 are enclosed with the official letter (PDF linked above).