CHAPTER II Reservation in direct recruitment and promotion A ...

After careful examination of the Reservation Act, 1976 and Rules framed thereunder, this Department observes that none of the relevant sections i.e. section 3 andsection 6 of the Act, which prescribes areas of limitations in application of thereservation laws, has made any reference towards the bar of application of thereservation law as in the matter of so-called ‘single-cadre-post’. In fact, since 1976, allappointing authorities are maintaining proper roster of vacancies both in single-cadreposts as well as in ‘multi-posts cadres’ and reservation was attributed to the prescribedserial numbers of the concerned vacancies. This system has worked well so far and nojudicial question has even been raised against this system of filling up vacancies in thesame assignment or in a type of assignments which appear rotationally reserved andunreserved as per seriality of such vacancies in the prescribed roster. This ensures 28%chances and 72% chances in all posts coming under the hold of reserved community aswell as unreserved communities respectively both horizontally in total number ofvacancies and vertically in hierarchical and feeder posts, may such post be singular ormultiple in a cadre or establishment.This department also observes that referred judgment of the Supreme Court doesnot directly relate to, and hence, having no bearing upon the judiciously equitable rostersystem of filling up the vacancies without reserving any fixed ‘post’ for any communitywhatsoever. But the said mistake was reportedly committed or attempted to becommitted by the Government of Behar, permanently fixing up the post of DeputyDirector (Homeopathic) for S.C. communities, which resulted in 100% reservation of aparticular assignment, and the Supreme Court is right in its findings that such type ofreservation violates the Articles 16(1) and 16(2) of the Constitution and hence bad inlaw. On the same analogy, de-reserving such posts, under a suitably adopted connotationof single-cadre-post also indirectly provides 100% reservation of such posts to theunreserved community, and hence hits Article 16(1) and 16(2) of the Constitution.The State Government has never contemplated to dereserve such singularassignment and thus restrict the entry of the Scheduled Caste or Scheduled Tribecandidates to all such singular assignment in thousands of establishments and at thesame time does not also agree to make it a complete monopoly sector for appointmentsof unreserved communities.The State Government further opines that, the Supreme Court’s Judgment inCivil Case Appeal No. 2315 of 1981, does not hit any provision of the West Bengal ActXXVII of 1976 and Rules framed there under, and hence does not affect its existingState policy as regards to reservation.The undersigned is, therefore, directed to say that all vacancies, occurred, eitherin a so-called single-cadre-posts or in multi-posts cadre, must be filled up either bydirect recruitment or by promotion as the case may be, uniformly applying the WestBengal Act XXVII of 1976 as amended up-to-date providing 22% reservation for SCand 6% reservation for ST candidates and introducing a 50-point roster vide CalcuttaGazette Notification No. 136-TW/EC dated the 27 th March, 1990Sd/- Sukumar DasJoint Commissioner Reservation &Ex-officio Joint Secretary, SC & TW Deptt.

22. . A((gg))No. 796-TW/EC/ MR—59/90 Ω Calcutta, the 20 th August, 1990.MEMORANDUMSince the introduction of the 50-point roster of vacancies vide this Department’sNotification No. 136-TW/EC dated 27.3.90, some queries have been received fromsome appointing authorities. The following clarifications/guidelines are given in respectof such queries:--(i) In cases of direct recruitment, all vacancies, as remained unfilled on 27.3.90should be brought under the purview of the aforesaid Notification and the 50-point roster should be followed in filling up such vacancies.However, only in those cases, where the process of selection ofcandidates was duly completed before 27.3.90 the erstwhile 20-point rostershould be followed instead of the 50-point roster. By completion of selectionprocess, it is meant that the selection of the candidates was duly ratified by theSelection Committee wherever constituted, or by the selecting authority,departmental or the P. S. C., W.B., as the case may be.All other cases shall straightaway come under the pool of vacancies tobe filled in accordance with the new dispensation as required in terms of theaforesaid notification.(ii) In cases of promotion, the date of occurrence of the vacancy in thepromotion-post should be the guiding factor. In other words, vacancies occurringbefore 27.3.90 should be filled in accordance with the erstwhile 20-point rosterand vacancies occurring on or after 27.3.90 should be filled up on the basis ofthe 50-point roster.(iii)The aforesaid Notification (vide no. 136-TW/EC dt., 27.3.90) applies to thewhole of the State, needless to say, in all establishments covered by section 2(b)of the W. B. S.C.s & S. T.s (Reservation of Vacancies in Services and Posts)Act, 1976.(iv) The 50-point roster, when introduced shall commence from its first point.All appointing authorities are instructed to act accordingly.Sd/-P. CHAUDHURISecretary

22. . A((hh))No. 40-TW/EC Ω Calcutta, the 22 nd January, 1991MEMORANDUMSubject: Procedure of maintenance of the 50-point roster of vacancies inthe State Aided Secondary (including Junior High) and Higher SecondarySchools.Notwithstanding anything contained otherwise in any other Order/Orders previouslyissued, the following procedure shall be applicable with immediate effect for the purposeof maintaining the 50-point roster of vacancies prescribed in this Deptt’s NotificationNo. 136-TW/EC dt. 27.3.90 in all the State aided Secondary (including Junior High) andHigher Secondary Schools:--1. Both the Secondary and Higher Secondary units in any particular school shall beconsidered as one single unit and all the posts in both the units shall be deemedto belong to one single establishment.2. All the posts in any School shall be divided under two distinct categories, viz. (i)teaching category and (ii) non-teaching category.3. ∗ [The post of Headmaster, the post of Assistant Headmaster] and the posts ofAssistant Teacher in any school shall be grouped together to constitute theteaching category, while all the other posts (including the post of Librarian) inthe said school shall constitute a separate Group under the non-teachingcategory.4. The 50-point roster of vacancies shall apply in relation to each of the aforesaidtwo groups of posts under the respective categories and it shall not applyindividually in relation to any individual post under either group; one roster shallbe maintained in respect of all the vacancies against all the posts groupedtogether under the teaching category; similarly, another roster shall bemaintained in respect of all the vacancies against all the posts grouped togetherunder the non-teaching category.5. If any vacancy or vacancies occurred before 27.3.90 (i. e. the date from whichthe 50-point roster came into force) and if selection of candidates against such avacancy or vacancies was completed either before 27.3.90 or thereafter, the saidvacancy or vacancies, as the case might be, may be filled up on the basis of thesaid selection. In such an eventuality the deficiency, if any, in the intake ofScheduled Caste and/or Scheduled Tribe candidates against the quota ofvacancies reserved for such candidates, on the said occasion of recruitment shallbe adjusted against future recruitments on the immediately next occasion ofrecruitment or thereafter at the earliest chance under the appropriate category ofposts or under the respective categories of posts, as it may be necessary.∗ Posts of Headmaster and Assistant Headmaster are taken out of the purview of reservation vide No.1170-SE(S) dated 14-09-1999 of School Education Department.

6. Recruitments made, if any, under the 50-point roster on or after 27.3.90 in anymanner other than what has been prescribed hereinbefore shall be adjustedappropriately against future recruitments at the earliest chance so as to make upthe deficiency, if any, in the intake of Scheduled Caste and/or Scheduled Tribecandidates as per reserved quota for such candidates as provided for in the 50-point roster.22. . A((i i))Sd/- K.SATHIAVASANJoint Commissioner for Reservation &Ex-officio Joint SecretaryNo. 510-TW/EC/MR—118/95 Ω Calcutta, the 15 th June, 1995.MEMORANDUMSince the West Bengal Scheduled Castes and Scheduled Tribes (Reservation ofVacancies in Services and Posts) (Amendment) Act, 1994 (West Bengal Act XLII of1994) has come into force with effect from the 16 th day of January, 1995, the followingguidelines are given for implementation of the 50-point roster of vacancies in partialmodification of Memo No. 796-TW/EC/ MR—59/90 dated 20.8.1990:--(1) All vacancies in cases of direct recruitment should be filled up as per 50-pointroster with effect from 16.1.95 irrespective of the dates of occurrence of thevacancies. However in those cases where enhanced percentage of reservation isapplicable as per Memo No. 375-TW/EC dated 16.8.76 the 20-point roster asprescribed therein should be followed for giving effect to 25% reservation forScheduled Castes and 10% reservation for Scheduled Tribes.(2) In all cases of promotion the 50-point roster should be followed in all vacancieswith effect from 16.1.95 irrespective of the dates of occurrence of the vacancies.Sd/-Dr U.K. RAYSecretarySC & TW Department

22A. . ((jj))[Published in the Calcutta Gazette Extraordinary dated 12 th May, 2000]No.2174-BCWΩCalcutta,the12thMay,2000

ORDERWHEREAS some of the Universities have represented that they are finding itextremely difficult to maintain a single register of appointment for the entire cadre oflecturers irrespective of the departments under the teaching faculties, as required underrule 3 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation ofVacancies in Services and Posts) Rules, 1976:And, WHEREAS such universities have proposed that they may be allowed tomaintain register of appointment department wise under the common appointingauthority, namely, the Registrar;And WHEREAS it is implied that difficulty arises in giving effect to the provisionsof the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacanciesin Services and Posts) Act, 1976 (West Ben. Act XXVII of 1976) (hereinafter referredto as the said Act);Now, THEREFORE, in exercise of the power conferred by section 10 of the saidAct, the Governor is pleased hereby to direct as follows:--1. (a) in spite of the fact that the Registrar is the appointing authority in respectof all the posts of a university, but university shall have the option tomaintain the register of appointment for teaching posts department wise orcentrally, as may be convenient to it under proper intimation to the BackwardClasses Welfare Department of the State Government;(b) the register of appointment for the teaching posts having the same scaleof pay but not associated with any particular department shall be maintainedin a common pool;(c) the register of appointment for the non-teaching post shall,however, be maintained centrally and category-wise as usual by theRegistrar of a university.2. Any university opting to maintain department wise register of appointment for teaching posts shall reconstruct such registers with effect from the 27 th March,1990, as the starting point and shall proceed thereafter chronologically in accordancewith 50-point/100-point roster as may be applicable, and shall get the reservedvacancies arising in consequence thereof adjusted suitably by carry-forward principlewith the approval of the State Government in each individual case.3. This order shall take immediate effect and the West Bengal Scheduled Castesand Scheduled Tribes (Reservation of Vacancies in Services and Posts) Rules, 1976,shall be suitably amended in due course.By order of the Governor,Smt. K. JhalaPrincipal Secretary to theGovernment of West Bengal andSecy., Backward Classes Welfare Department.22A ((kk))Government of West BengalSchool Education Department, Secondary BranchBikash Bhavan, Salt Lake, Calcutta 700091

No. 1170-SE (S)/1’S’-27/99 dated: 14.09.1999.Sub: Exclusion of single post of Headmaster/Headmistress inrecognized Govt. aided Jr. High/High/Higher Secondary Schools,including Jr. High and High Madrasah and the post of Superintendent ofrecognized Govt. aided Senior Madrasah from the purview of reservationRoster.Ref.: Review petition © No. 1749 of 1997 in Civil Appeal No.3175 of 1997 (with Civil)-Appeal Nos. 2346 of 1981, 2345 of 1981;Special Leave Petition (Civil) Nos. 1 3148 of 1997, 2892 of 1983, 9252of 1981 decision on April 17, 1998.In compliance with the order “that there cannot be any reservation in a singlecadrepost” passed by the Constitution Bench of the Hon’ble Supreme Court of India inthe above noted cases under reference, the Ld. Legal Remembrancer and ex-officioPrincipal Secretary of the Govt. Of West Bengal has opined as follows: -“Under the latest decision of the Apex Court even single-cadre posts cannot beclubbed together for making the Reservation Rule applicable to such posts. Earlier,clubbing together to all single-cadre posts of the same nature and category was possiblefor making applicable the Reservation Policy.The Post of Headmaster or Assistant Headmaster cannot be put in the same cadreas that of teachers in any School. Thus, there is no scope legally to include the posts of aHeadmaster/Asstt. Headmaster in the cadre of Teachers for making the ReservationPolicy applicable.”Now, therefore, I am directed by order of Governor to say that Governor ispleased to exclude the post of Headmaster/Headmistress of recognized Govt. aided Jr.High/High/Higher Secondary Schools, including Jr. High and High Madrasah and thepost of Superintendent of recognized Govt. aided Senior Madrasah from the purview ofthe Memo. No. 40-TW/EC, dated 22.01.1991 of SC and TW (BCW) Department forfilling up of that post with immediate effect.end.All concerned are being informed accordingly for taking necessary action at theirPage BreakDereservation of Reserved Vacancies2B (a)Sd/- Nikhilesh Das,Secretary to the Govt. of West BengalSchool Education Deptt.GOVERNMENT OF WEST BENGALBackward Classes Welfare DepartmentWriters’ BuildingsNo. 319(17)-BCW/RC Dated, Calcutta, the 2 nd November, 1998From: A. K. DasJoint Commissioner for Reservation &Ex-officio Joint Secretary to the

To:Sir,Govt. of West BengalThe District Magistrate,…………………………Subject: De-reservation proposals in respect of teaching postsof different schoolsI am directed to say that there are some pending proposals in this Department fordereservation of teaching posts in different schools in some of the Districts and manymore proposals are being received from time to time. These proposals have beeninitiated due to non-availability of suitable candidates of specified categories for thereserved posts of SC/ST. With coming into force of West Bengal School ServiceCommission Act, 1997, the School Management Committees have been debarred w. e.f. 1-1-1997 to make any appointment in the teaching posts under them without therecommendation of School Service Commission. The School Service Commission isnow in the process of finalisation of the panel for the posts of Assistant Teacher and theCommission is likely to take up the exercise for preparation of panel for the post ofHead Masters for schools shortly. In view of this position, the Government in theDepartment of Backward Classes Welfare considers that it would not be worthwhile todereserve the vacancies for which proposals are already pending with the Department orare being received from time to time with the non-availability certificate from theEmployment Exchange and non-response to published advertisement as the schoolmanagement committees, even in case of such dereservation being allowed will not bein a position to make any appointment without reference to the Commission and theCommission is yet to finalise the panel for the candidates.In the circumstances, I am directed to say that it has been decided not to considerany pending or new proposal for dereservation of teaching posts in schools with thenon-availability certificate from the Employment Exchange or due to non-response inreply to direct advertisement by the School Authorities. All pending proposals may,accordingly, be considered as rejected. De-reservation proposal for teaching posts inschools shall henceforth be considered only when it is accompanied with nonavailabilitycertificate from the School Service Commission.This may be brought to the notice of all concerned.Yours faithfully,Sd/ A. K. DasJoint Commissioner for Reservation &Ex-officio Joint Secretary to theGovt. of West Bengal22B((bb))GOVERNMENT OF WEST BENGALBACKWARD CLASSES WELFARE DEPARTMENTWriters’ Buildings, Calcutta—700001No. 98(91)--BCW/MRD—156/99 Calcutta, the 7 th January, 2000From: Joint Commissioner for Reservation

and ex-officio Joint Secretary to theGovernment of West BengalTo: 1) The Principal Secretary/ Secretary,2) The District Magistrate,3) Registrar,4) D. P. I.,5) Director of School EducationSir,You may be aware that in case of Direct Recruitment there is a provision fordereservation of vacancies meant for Scheduled Castes and Scheduled Tribescandidates, in cases where suitable candidates from right community are notavailable but it is necessary to fill up the vacancies urgently in the interest of publicservice, under sub-section (2) of section 6 of the West Bengal Scheduled Castes andScheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976.According to this provision of Law, we are receiving a large number ofapplications/proposals from various Appointing Authorities/Departments under thisGovernment for de-reservation. Majority of these proposals are from the EducationalInstitutions. While examining these proposals/prayers, a number of inadequacieshave been found, which have been responsible for delay in the disposal of thesematters.After careful consideration of all aspects, a consolidated set of guidelines forinitiation of proposals for dereservation has been prepared to take care of the errorsand omissions being committed by the concerned appointing authorities.I am now directed to forward herewith a copy of the set of these guidelines alongwith copies of all the enclosures referred to therein and to request you to kindlycirculate the same to all the appointing the authorities under your administrativecontrol for strict adherence by them at the time of applying for dereservation ofany vacancy meant for Scheduled Castes/ Scheduled Tribes or Other BackwardClasses candidates.Yours faithfully,Sd/-A. K. DasJoint Commissioner reservation&Ex-officio Joint SecretaryGUIDELINES FOR SUBMISSION OF PROPOSAL FOR DE-RESERVATION BY THEAPPOINTING AUTHORITIES(Annexure to Memo No. 98(91)-BCW/MRD—156/99 dt 7 th January, 2000.of theBackward Classes Welfare Department)1. Applications for de-reservation of vacancies reserved for ScheduledCastes, Scheduled tribes and Other Backward Classes categories ofcandidates due to non-availability of suitable candidates from the rightcommunity is to be made by the appointing authorities concerned in the

format prescribed by this Department (Copy of latest revised formatenclosed for ready reference--Annexure I) completed with all relevantinformation, properly signed and recommended by the appropriateauthority, wherever necessary.2. Separate application is to be made for each vacancy proposed to bede-reserved.3. The application should be accompanied by the authenticated copiesof following documents/information.(a) Certificate of non-availability of candidates of right community fromthe authorities competent to sponsor candidates for appointment likeWBPSC, WBCSC, WBSSC, Employment Exchange etc.(b) Paper cutting of advertisements calling for applications fromintending candidates for filling up the vacancies, in cases, whereappointment is made otherwise than on the recommendation of anystatutory authorities, or in cases, where such open marketadvertisement is necessitated, as per advice of the sponsoringauthorities.(c) A copy of the Register of Appointment in the format prescribed videAPPENDIX I to the West Bengal Scheduled Castes and ScheduledTribes (Reservation of Vacancies in Services and Posts) Rules, 1976as required vide Rule 4 of the said Rules. A specimen copy of thesaid Appointment Register is enclosed for ready reference.(Annexure II) ∗(d) In cases, where the appointing authorities have filled up in the pastvacancies reserved for Scheduled Castes, Scheduled Tribes andOther Backward Classes by General candidates without proper dereservationorders from the Government in the Backward ClassesWelfare Department, the full facts of these cases with an explanationas to why and under what circumstances this was done, forregularisation of these cases now by issue of suitable Governmentorder.(e) While drawing up the Appointment Register, it would be ensured thatit starts with the vacancy, as prevailing in the establishmentconcerned on 27.03.1990, the cut-off date prescribed under erstwhileScheduled Castes/ Scheduled Tribes Department’s (now renamedBackward Classes Welfare Department) Notification Nos. 136-TW/EC dt. 27-03-1990, 180(60)-TW/EC dt. 17-04-1990 and 796-TW/EC dt 20-08-1990 and be continued thereafter in chronologicalorder as they occur from time to time. The Register of Appointmentin Appendix I shall be, as per 50-point roster from 27-03-1990 up to05-04-1995 and shall get converted to accommodate 100-point rosterfrom 06-04-1995 maintaining the seriality in roster position obtainingon 05-04-1995. There shall be separate Appointment Registers foreach cadre of post in each establishment.∗ Available in West Bengal Scheduled Caste and Scheduled Tribes (Reservation of Vacancies inServices and Posts) Rules, 1976.

4. Where in an establishment there are cases of vacancies of reservedcategory filled-up earlier by general candidates without any authorisationfrom the Government, these are to be regularised first by issue ofGovernment order determining specific points of roster, to whichreservation against these unauthorisedly filled-up vacancies shall becarried forward.The current prayer for de-reservation from such establishments canbe taken up for consideration only after regularisation of past cases, whichwill identify the exact roster position of present vacancies and its statuswith regard to reservation norms.APPLICATION FORM FOR DERESERVATIONANNEXURE IToThe Principal Secretary,Backward Classes Welfare Department,

Government of West Bengal,Writers’ Buildings,Calcutta—700001Through : The District Magistrate and DistrictReservation Commissioner,…………………………………………..( in case of Establishments situated in the Districts)Sir/Madam,I hereby apply for dereservation of the vacancy, particulars of which arefurnished below for your consideration and issue of necessary ordersYours faithfully,(Appointing Authority)1. Name of the Office/Institution :2. Name and designation of the Appointing authority:3. Name of the post against which vacancy has occurred:4. Scale of pay for the post:5. Date of occurrence of vacancy:6. Exact Roster points of the vacancy andthe community for which it is reserved(SC/ST/OBC)(Enclose authenticated copy of theRegister of Appointment in Appendix I)7. Manner of selection (i. e. whetherthrough Service Commissions/Employment Exchange/Open market etc.)8. In cases of appointment throughEmployment Exchange—(i)Whether reserved vacanciesnotified to the EmploymentExchange of the districts andSpecial Cell of Employment

Exchange, Salt Lake:(ii)(iii)Date of Notification toEmployment Exchange:No. of candidates forwardedby Employment Exchange:9. In case of open market recruitmentthrough advertisement in dailynews papers—(Enclose authenticated copies of papercuttings)(i)(ii)(iii)Names of news papers towhich advertisementshave been released:Dates on which theAdvertisements haveappeared in suchnews papers:Last date of receivingapplication:(iv) No. of applications fromSC/ST/OBC candidatesreceived in response to theadvertisement.(category-wise, where more than onecategory is involved)10. In cases of selection of candidatesby appointing authoritiesthrough selection test andinterview—(i)(ii)No. of SC/ST/OBCcandidates called forinterview:No. of SC/ST/OBCcandidates attendingthe interview:(iii)Name and designation ofOfficer representing thisDepartment in the Board ofInterview (in terms of thisDepartment’s MemoNo. 126(55)-TW/EC

dated 02-03-1993)11. In cases of appointments on therecommendations of ServiceCommissions, whether reservedvacancies are notified to suchCommissions:If so, date and particulars of notifying:12. Particulars of non-availabilitycertificate from EmploymentExchange/PSC/CSC/MSC/RSC/SSC(Enclose authenticated copies)13. Total number of existing employees inthe same cadre (also, number ofexisting teachers in the samesubject, in case of educationalinstitutions):14. Why dereservation is required:15. Total No. of sanctioned strengthin the cadre and percentage ofSC/ST among the existingstaff strength:16. (i) Has any vacancy been dereservedpreviously ?(ii) If so, Order No. and roster point ofsuch dereserved vacancy:17. List of supporting documents furnishedI do hereby declare that particulars furnished hereinbefore are true to the best of myknowledge and belief.--------Authority.-----------------------------------Signature of Appointing18. ∗ (i) Remarks/Recommendation ofHead of AdministrativeDepartment (in case of Calcutta):(ii)Remarks/Recommendation of

District ReservationCommissioner (in case ofDistricts):∗ Director of Public Instructions authorised to act as an authority for assessment of the necessity ofdereservation of teaching posts in colleges all over the State in addition to the District Magistrates videBackward Classes Welfare Deptt’s Memo No. 794-BCW dt 16 th Feb, 2001 with prescribed form forcertification as follows:“It has been found on assessment of necessity of the college in regard to the teaching posts thatvacancy Number (Roster position of vacancy)………………………………in (subject ofteaching)………………………….. is required to be filled up immediately in the academic interest. Asthis is a vacancy reserved for (SC/ST/OBC)……. ……………….and such candidate is not available, it isrecommended for dereservation.”2B((cc))Delegation of powers of dereservation to District Magistrates in respect ofcertain classes of Educational InstitutionsGOVERNMENT OF WEST BENGALBackward Classes Welfare DepartmentWriters’ Buildings, Calcutta—1

No. 4787(17)-BCW/MR—176/2000 Calcutta, the 24 th November, 2000From: Sri Niranjan Bhattacherjee,Assistant Commissioner for Reservationand ex-officio Assistant Secretary tothe Government of West BengalTo:The District Magistrate,……………………….MEMORANDUMSubject: Delegation of powers of de-reservation in respectof schools within his jurisdictionThe undersigned is directed to say that a Notification bearing No. 4337-BCW,dt. 20.10.2000 delegating powers of dereservation under sub-section (2A) of the WestBengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Servicesand Posts) Act, 1976 as amended in 2000 has been issued and a copy of the Gazettepublishing the said Notification as also a copy of the West Bengal Scheduled Castesand Scheduled Tribes (Reservation of Vacancies in Services and Posts)(SecondAmendment) Act, 2000 under which Government has been empowered to delegatepowers of dereservation to sub-ordinate authorities is enclosed.2. A note on dealing with cases for dereservation at the District Level as also astandard format in which the orders of dereservation to be issued are also enclosed. Theundersigned is directed to say that all orders on de-reservation by the District authoritiesshould be issued in this standard format with all particulars duly mentioned.3. The undersigned is, further, directed to say that it will be necessary for theDistrict authorities to submit a monthly report on disposal of applications fordereservation in their respective jurisdiction. A format for such report is enclosed. Thereport should reach the Joint Commissioner for Reservation and ex-officio JointSecretary by the 10 th of the month following the month under report.4. A receipt of this Memorandum and its enclosures may kindly beacknowledged.Sd/- N. BhattacherjeeAssistant Commissioner for Reservation &Ex-officio Assistant Secretary[Published in the Calcutta Gazette Extraordinary on 16 th October, 2000]GOVERNMENT OF WEST BENGALBACKWARD CLASSES WELFARE DEPARTMENTWriters’ Buildings, CalcuttaNo. 4136-BCW/MR—176/20002000Calcutta, the 16 th October,

NOTIFICATIONIn exercise of the power conferred by the second proviso to sub-section (2) ofsection 6 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation ofVacancies in Services and Posts) Act, 1976 (West Ben. Act XXVII of 1976) (hereinafterreferred to as the said Act), the Governor is pleased hereby to empower, with effectfrom the date of publication of this notification in the Official Gazette, the DistrictMagistrate and District Commissioner for Reservation of each district to de-reserve areserved vacancy, as provided in sub-section (2) of section 6 of the said Act, in respectof Primary, Secondary and Higher Secondary Schools falling within his territorialjurisdiction.By order of the Governor,K. JHALA,Principal Secy. to the Govt. Of West BengalNOTE ON DEALING WITH CASES FOR DERESERVATIONDistrict Magistrates and District Reservation Commissioners have beendelegated powers of de-reservation in respect of Primary, Secondary and HigherSecondary Schools within their respective jurisdiction.

While dealing with de-reservation cases, it should be borne in mind by everyoneconcerned that de-reservation is an extra-ordinary step and should be resorted to onlywhen it is unavoidable. It should be noted that no appointing authority has any power tofill-up a reserved vacancy by candidates other than those belonging to the prescribedcommunities. The question of de-reservation arises only when a suitable candidate fromthe right community is not available and in the public interest, it is necessary to fill up avacancy urgently. The basic tests for considering a proposal for de-reservation is thus,(1) whether there is satisfactory evidence of non-availability of suitable candidate fromthe right community and (2) whether it is essential in the public interest to fill up thevacancy without delay. It should be noted that except where otherwise provided SchoolService Commission in respect of Secondary, Higher Secondary Schools and Madrasahsand concerned Employment Exchanges in case of Primary Schools are only authorisedorganisations to sponsor candidates and as such, they are the competent authorities forissue of non-availability certificates in respect of suitable reserved category candidates.If, on the basis available records, the authority empowered to dereserve avacancy is of the opinion that the above mentioned two tests have been satisfied, he mayorder de-reservation of the vacancy. The manner of filing the prayer for de-reservationby the appointing authorities and the documents to be furnished therewith have beendetailed in a booklet published by the Department, copies of which have been circulatedseparately. In the said format of application for de-reservation there is a column fornoting the recommendation of the District Magistrate and District ReservationCommissioner. In cases where District Magistrate and District ReservationCommissioner shall be empowered to dereserve a vacancy, the said column may befilled up by the local officer of the concerned administrative Department. As per Law,whenever a reserved vacancy is dereserved, subsequent available unreserved vacancy isto be reserved in exchange for the particular community for which the original vacancywas reserved. It has, therefore, to be ensured that the exact vacancy to which reservationmove forward consequent on dereservation of a reserved vacancy is identified whilemaking the order of dereservation and the exact roster position of the vacancy becomingthus reserved on carry forward principle is specifically mentioned in the order ofdereservation.GOVERNMENT OF WEST BENGALOffice of the District Magistrate……………………..DistrictSPECIMEN ORDER FORM

No…………………….Dated…………,the……………..ORDERWHEREAS, there is a vacancy available for being filled up in the post of..……………...……in………………………………………………….(Name of School)at……………………………………………………………………..(Address) under theadministrative control of the …………………………………..(Name of AdministrativeDepartment), Government of West Bengal;WHEREAS, the said vacancy is reserved for…………..(ScheduledCaste/Scheduled Tribe, as applicable) being the…………………… ...vacancy in the100-point roster of vacancies as prescribed in Notification No. 134-BCW/RC dt. 25-03-1999 issued by the Backward Classes Welfare Department, Government of WestBengal;WHEREAS, all reasonable steps were taken by the School authorities to fill up thevacancy by a candidate from the community for which it is reserved;WHEREAS, no qualified candidate has been available for filling up the saidvacancy reserved for the ……………………………Scheduled Caste/Scheduled Tribe,as applicable);WHEREAS, the School authorities have applied for de-reservation of the saidvacancy for filling up by an available candidate;WHEREAS, ……………………………………...(Name of the District Inspectorof Schools) consider it necessary and expedient to fill up the said vacancy in the publicinterest and has accordingly proposed for its being treated as unreserved vacancy andfilled up as such;AND WHEREAS, I am satisfied that there is need to de-reserve the vacancy inthe public interest;NOW, THEREFORE, in terms of the provisions contained in sub-section (2) ofSection 6 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation ofvacancies in Services and Posts) Act, 1976 as amended by the West Bengal ScheduledCastes and Scheduled Tribes (Reservation of Vacancies in Services and Posts)(Amendment) Act, 1994 and the West Bengal Scheduled Castes and Scheduled Tribes(Reservation of Vacancies in Services and Posts) (Second Amendment) Act, 2000 readwith Backward Classes Welfare Department, Government of West Bengal NotificationNo. 4316-BCW, dated the 16 th October, 2000 (published in the Calcutta Gazette,Extraordinary, dated the 16 th October, 2000), I hereby de-reserve the vacancy inquestion for its being filled up as an unreserved vacancy subject to the condition that thereservation for the Scheduled ……….. …………………(Caste/Tribe) against thevacancy so dereserved hereinbefore, shall be carried forward against the subsequent

unreserved vacancy being the ………………….vacancy in the roster as aforesaid(mention exact roster position of the corresponding unreserved vacancy)District Magistrate & DistrictReservation Commissioner,……………………..District2B((d))Authorisation of Director of Public Instruction as recommending authority inrespect of de-reservation prayers from CollegesGOVERNMENT OF WEST BENGALBackward Classes Welfare DepartmentWriters’ Buildings, Calcutta—700001No. 794-BCW/MRD—156/99 Dated, the 16 th February, 2001MEMORANDUMThe undersigned is directed to refer to this Department’s No. 98(91)-BCW dt.07-01-2000 wherein a set of guidelines for initiation of proposals for de-reservation ofreserved vacancies in the public interest and the format of application for dereservationof reserved vacancies in public interest and the format of application for dereservationwere prescribed. According to the said guidelines, all proposals for dereservation inrespect of establishments situated in the Districts were to be routed through theconcerned District Magistrates.2. The question of routing the de-reservation proposals through the concernedDistrict Magistrate has since been reviewed in respect of teaching posts of the colleges.It has been represented to the Government from various quarters that theacademic interest is being adversely affected because of a large number of reservedvacancies in different colleges remaining unfilled due to non-availability of suitablecandidates from the prescribed communities. To expedite the process of de-reservationin the above context, it is considered necessary to declare Director of PublicInstructions, West Bengal also as a recommending authority in respect of dereservationproposals for teaching posts in colleges.3. After careful consideration of all these aspects, the Governor is now pleased toorder in partial modification of memo no. 98(91)-BCW dt 07-01-2000 that henceforth

the Director of Public Instructions, West Bengal, shall act as an authority for assessmentof the necessity of dereservation of teaching posts in colleges all over the State inaddition to the District Magistrates who have been so authorised earlier. Director ofPublic Instructions, West Bengal, shall accordingly record the recommendation onindividual application for dereservation in respect of teaching posts in the colleges in thefollowing format :--“It has been found on assessment of necessity of the college in regard to theteaching post that vacancy no. ∗………………in ∗∗ ………………………………………..is required to be filled upimmediately in the academic interest. As this is a vacancy reserved for ∗∗∗ ……………..………………………………………….and such candidate is not available, it isrecommended for dereservation.”4. This recommendation will be recorded against Column 18(i) of the prescribedapplication form for dereservation.Sd/ A. K. DasJoint Commissioner for reservation &ex-officio Joint Secretary to theGovt. of West Bengal∗ Roster position of the vacancy to be indicated∗∗ Subject of teaching to be mentioned∗∗∗ Scheduled Caste/Scheduled Tribe/Other Backward Classes as applicable to be mentioned.