Employment and Representation
The Government of Madhya Pradesh is fully committed to provide due representation and for strict enforcement of reservation provisions for the persons belonging to Scheduled Castes and Scheduled Tribes in government services. Madhya Pradesh is the first state in the country which has brought enactment for ensuring implementation of provisions of reservation in government services.
Reservation Act, 1994
The key provisions of the Act - Madhya Pradesh Lok Seva Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Adhiniyam, 1994 are as follows :-
1. This act envisages to carry forward the vacant posts of reserve categories.
2. The act has provision to declare the appointments null and void made in violation of the act.
3. The act also envisages punishment for the officials violating the provisions of the act. The punishment maybe by way of imprisonment and fine.
The Amendment in Reservation Act
The State government has brought amendment in Reservation Act in the year 2002 by incorporating following new provisions :-
1. Percentage of reservation had been re-fixed following the bifurcation of the state. Under the new provision the act provides reservation of 16% to Scheduled Castes and 20% to Scheduled Tribes.
2. The provisions of 81st, 82nd and 85th Constitutional Amendments have been incorporated in the Act. The new provision has done away with the maximum reservation ceiling of 50% to fulfill the backlog posts. The Amendment also provides relaxation of criteria adopted for promotion of public servants belonging to Scheduled Castes and Scheduled Tribes and relaxation in percentage of marks in direct recruitment. A new provision has also been incorporated to provide benefits of consequential seniority of public servants belonging to Scheduled Castes and Scheduled Tribes.
3. Reservation provision has also been brought into force in establishments where adhoc and contingent appointments are made.
4. The term of sentence and the ceiling of fine has been increased for officials violating the provisions of Act.
5. It has been made mandatory on the part of the appointing authority to issue a certificate in the appointment order that the provisions of Reservations Act, 1994 have been followed in making the appointment and he/she is aware of the penalty provisions for violating the Act.
Madhya Pradesh Public Servants (Promotion) Rules, 2002
1. Following the amendments in the Reservation Act, The Madhya Pradesh Public Servant (Promotion) Rules, 2002 had been framed which envisaged the provision of reservation in promotion from class one to class one post.
2. The General Administration Department has issued detailed guidelines on 6.7. 2002 for the implementation of the promotion rules. A representative from Ajaks has been made member of Backlog Committee.
Nomination of an officer of Scheduled Caste and Scheduled Tribe category in appointment committee and promotion committee has been made mandatory.
Following the amendments in the Reservation Act - Madhya Pradesh Public Servants (SC, ST and OBC Reservation) Rules - 1998 have also been amended. The amended provisions are as follows :-
1. A provision has been made to provide relaxation of 10% in marks in case of Scheduled Caste and Scheduled Tribe candidates.
2. Special privilege has been given to persons of primitive tribes. People belonging to these tribes can be appointmented to Class III and Class IV posts without following the selection process, subject to the condition that the candidates have required minimum qualification for the post.
Special Recruitment Drive
1. Special recruitment drive was carried-out in the state to fulfill the vacant posts reserved for Scheduled Castes and Scheduled Tribes. About 75,000 posts were filled-up during 1994-2002 in government departments/corporations. The filled up posts also include posts of Shiksha Karmies and Samvida Shikshaks.
No Ban for recruitment on backlog
1. Ban on recruitment was relaxed for filling up of vacancies for Scheduled Castes and Scheduled Tribes on 19th April 2002.
2. The General Administration Department issued detailed instructions on 19th September, 2002 to carry-out special recruitment drive to fill the backlog vacancies for Scheduled Castes and Scheduled Tribes.
3. A Special drive was carried-out to calculate the backlog vacancies in different departments and corporate bodies. The information, collected so far, reveals the existence of 19,400 backlog posts which include 5296 posts of Scheduled Castes and 14,104 posts of Scheduled Tribes. As many as 15,909 posts are reported to be vacant to fill the backlog vacancies.
Special recruitment drive has been launched to fill the vacant posts. As many as 4681 candidates have been given appointments under the drive. The process of selection for filling the rest vacant posts is on.
1. Relaxation of 10% marks has been given to the candidates belonging to Scheduled Castes and Scheduled Tribes in examinations conducted by Professional Examination Board for different entrance tests and other examinations.
2. Reservation in allotment of government houses in Bhopal and outside Bhopal has also been made. The percentage of reservation is 10 in case of Scheduled Caste and 15 in case of Scheduled Tribe officials.
3. The state has adopted the policy of giving important assignments to administrative and other senior officials belonging to Scheduled Castes and Scheduled Tribes. Besides, the Principal Secretary to the Chief Minister, half of the Revenue Divisions of the state are manned by Commissioners of Scheduled Castes and Scheduled Tribes. Most of the Collectors and Superintendents of Police belong to this category. Instructions have been issued to be responsive to the officials of this category and accord priority to them in field postings.
4. Instructions have been issued not to shift Scheduled Castes and Scheduled Tribes officials away from their posting in urban areas.
5. It has been provided to train at least one person from Scheduled Castes and Scheduled Tribes as community health worker - (Jan Swasthya Rakshak) in every village. This has been done to provide the employment opportunities to the persons of Scheduled Castes and Scheduled Tribes.
6. Instructions have been issued to accord priority to Scheduled Castes and Scheduled Tribes women in recruitment of Anganwadi workers under the Women and Child Development Department.