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Preferential Treatment means giving of special treatment to certain persons or classes of persons over others. In the context of the book, it implies preferential treatment or, to be more specific, reservation of appointments of posts as provided in Article 16(4) of the Indian Constitution for backward classes of citizens who are not adequately represented in the services under the State.
In the present times, this subject has become a very sensitive issue, inflaming tempers, causing riots and demonstrations -- a tool of power politics.
The book deals with the problem of determination of backward class of citizens, and the scope and extent of Preferential Treatment under Article 16(4). While classifying the present law on the subject it also deals with the practical side of Reservation.
List of Scheduled Castes and Tribes is also given along with other useful material in the Appendix.
FOREWORD III PREFACE V ACKNOWLEDGEMENT VII BIBLIOGRAPHY VII TABLE OF CASES VIII
Employment 1
Views expressed in the Constituent Assembly 10 Kalelkar Commission's Report 12 Kerala Commission's Report 15 Income limit for backwardness 16 Determination of social and educational backwardness 20 Class-Meaning of 23 Relative backwardness 26
Relationship of clause (4) with clauses (1) and (2) of Article 16 29 Modes of and persons entitled to preferential treatment under Article 16(4) 35 Modes of preferential treatment 36 Persons entitled to preferential treatment 37 Conclusion 38 Distribution of total posts 44
Percentage of reservation 48 Carry forward rule 54 Separate or combined selection 60 Reservation in terms of minimum or maximum 62
Two methods of promotions 66 Reservation in ex-cadre posts 67 Reservation in promotions by selection 68 Reservation in promotions by seniority 69 Conclusion 69
Permissive nature of Article 16(4) 79 Provision-Meaning of 81 Transitory nature of Article 16(4) 83 Practical side of Reservation 86
List of Scheduled Castes in various States 93 List of Scheduled Tribes in various States 108 List of Scheduled Castes in different Union Territories 119 List of Scheduled Tribes in different Union Territories 122 The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 124 Constitutional and other Miscellaneous Provisions concerning Scheduled Castes and Scheduled Tribes 129 CHAPTER I -Constitutional provisions 129 II-Percentages of reservation for Scheduled Castes and Scheduled Tribes 129 III -Exemption and exclusion 132 IV -Rosters 134 V -Annual Statements 136 VI -Grouping of Posts 138 VII-Relaxations and concessions for Scheduled Castes and Scheduled Tribes Candidates 139 VIII -Essential steps to be taken for filling reserved castes 144 IX-Procedure for filling reserved vacancies in recruitment through UPSC or by advertisement 147 X -Dereservation 148 XI-Carrying forward of reservations and ex-change of reservations between Scheduled Castes and Scheduled Tribes 151 XII -Promotions-Reservations and concessions 153 XIII -Definition and Lists of Scheduled Castes Scheduled Tribes 163 XIV -Verification of the claims of Scheduled Castes 164 XV -Liaison officers 165 XVI-Strict observance of the orders regarding reservation for Scheduled Castes and Scheduled Tribes 167 XVII -Other instructions 167 XVIII-Powers of the Commissioner for Scheduled Castes and Scheduled Tribes to call for files and records and representations from Scheduled Castes and Scheduled Tribes employees to him 176 XIX-Reservations for Scheduled Castes and Scheduled Tribes in the services under the public sector understandings, statutory and semi-Government Bodies and voluntary agencies receiving Grants-in-aid from the Government 177 APPENDIX I-Model roster for posts filled by direct recruitment on All-India basis by open competition 180 Model roster for posts filled by direct recruitment on All-India basis otherwise than open competitions 181 Statement showing the percentage and number of points to be reserved for Scheduled Castes and Scheduled Tribes in 100 point roster 182 Form of register to be maintained to give effect to the roster for reservations for Scheduled Castes/Scheduled Tribes 186 Detailed instructions for the maintenance of rosters 187 Hypothetical illustration showing how the vacancies reserved for Scheduled Castes and Scheduled Tribes but not so filled could be carried forward lapsed 188 Proforma for conducting inspection of rosters maintained for providing reservations for Scheduled Castes and Scheduled Tribes in services 194 Statement showing the total number of Government Servants and the number of Scheduled Castes and Scheduled Tribes amongst them as on 1st Jan 196 Statement Showing the number of Reserved Vacancies filled by members of Scheduled Castes and Scheduled tribes in the Ministry/Dept. Office 197 Requisition form for recruitment through employment exchanges 199 Para 8.1 (iii) 200 Para 10.5 203 Detailed instructions for filing vacancies reserved for Scheduled Castes and Scheduled Tribes in posts filled by promotion (i) by Selection in Class III and IV and (ii) through limited departmental competitive examinations 204 Form of certificate to be produced by a candidate to a Scheduled Caste or Scheduled Tribe in support of him claim 205 List of authorities empowered to issue certificates of verifications 206 List of points for guidance of the authorities empowered to issue Scheduled Castes and Scheduled Tribes certificate 206 List of All India Radio Stations (in areas within concentration of Scheduled Castes and Scheduled Tribes populations) to which reserved vacancies are to be notified for announcement 209 Para 10.2 211 Statement showing number of posts filled by deputation and number of Scheduled Castes and Scheduled Tribes candidates appointed against such posts 221 SUBJECT INDEX 222
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