Reservation for EWSs: Quantum of Reservation, Exemption, Criteria of Income & Assets, Maintenance of Roster etc. – DoPT detailed Instructions

Reservation for EWSs: Quantum of Reservation, Exemption, Criteria of Income
& Assets, Maintenance of Roster, etc. – DoPT detailed Instructions 

reservation-economically-weaker-sections-direct-recruitment

No.36039/1/2019-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
dated the 31st January, 2019
OFFICE MEMORANDUM

Subject: Reservation for Economically Weaker Sections (EWSs) in direct
recruitment in civil posts and services in the Government of India.
In continuation of this Department’s Office Memorandum of even number dated
19.01.2019, the following instructions are issued in consultation with
Ministry of Social Justice and Empowerment and Department of Legal Affairs
regarding reservation for EWSs not covered under the reservation scheme for
SCs/STs/OBCs in respect of direct recruitment in civil posts and services
in the Government of India. 
2. QUANTUM OF RESERVATION
The persons belonging to EWSs who are not covered under the scheme of
reservation for SCs, STs and OBCs shall get 10% reservation in direct
recruitment in civil posts and services in the Government of India. 
3. EXEMPTION FROM RESERVATION:
3.1 “Scientific and Technical” posts which satisfy all the following
conditions can be exempted from the purview of the reservation orders by
the Ministries/ Departments:
(i) The posts should be in grades above the lowest grade in Group A of the
service concerned.

(ii) They should be classified as “scientific or technical” in terms of
Cabinet Secretariat [OM No. 85/11/CF-61(1) dated 28.12.1961], according to
which scientific and technical posts for which qualifications in the
natural sciences or exact sciences or applied sciences or in technology are
prescribed and the incumbents of which have to use that knowledge in the
discharge of their duties.

(iii) The posts should be ‘for conducting research’ or ‘for organizing,
guiding and directing research’.
3.2 Orders of the Minister concerned should be obtained before exempting
any posts satisfying the above condition from the purview of the scheme of
reservation. 
4. CRITERIA OF INCOME & ASSETS:
4.1 Persons who are not covered under the scheme of reservation for SCs,
STs and OBCs and whose family has gross annual income below Rs. 8.00 lakh (Rupees eight lakh only) are to be
identified as EWSs for benefit of reservation. Income shall also include
income from all sources i.e. salary, agriculture, business, profession,
etc. for the financial year prior to the year of application.
Also persons whose family owns or possesses any of the following assets
shall be excluded from being identified as EWS, irrespective of the family
income:-
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i. 5 acres of agricultural land and above;

ii. Residential flat of 1000 sq. ft. and above;

iii. Residential plot of 100 sq. yards and above in notified
municipalities;

iv. Residential plot of 200 sq. yards and above in areas other than the
notified municipalities.
4.2. The property held by a “Family” in different locations or different
places/cities would be clubbed while applying the land. or ‘ property
holding test to determine EWS status.
4.3. The term “Family” for this purpose will include the
person who seeks benefit of reservation, his/her parents-and siblings below
the age of 18 years as also his/her spouse and children below the age of 18
years. 

5.

INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND NERIFICATION OF
CERTIFICATE:

5.1 The benefit of reservation under EWS can be availed upon production of
an Income and Asset Certificate issued by a Competent Authority. The Income
and Asset Certificate issued by any one of the following authorities in the
prescribed format as given in Annexure-I shall only be
accepted as proof of candidate’s claim as belonging to EWS: –
(i) District Magistrate/Additional District Magistrate/ Collector/ Deputy
Commissioner/Additional Deputy Commissioner/1st Class Stipendary
Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate/ Executive
Magistrate/ Extra Assistant Commissioner

(ii) Chief Presidency Magistrate/Additional Chief Presidency
Magistrate/Presidency Magistrate

(iii) Revenue Officer not below the rank of Tehsildar and

(iv) Sub-Divisional Officer or the area where the candidate and/or his
family normally resides.
5.2 The Officer who issues the certificate would do the same after
carefully verifying all relevant documents following due process as
prescribed by the respective State/UT.
5.3. The crucial date for submitting income and asset certificate by the
candidate may be treated as the closing date for receipt of application for
the post, except in cases where crucial date is fixed otherwise.
5.4 The appointing authorities should, in the offer of appointment to the
candidates claiming to be belonging to EWS, include the following clause :-
“The appointment is provisional and is subject to the Income and asset
certificate being verified through the proper channels and if the
verification reveals that the claim to belong to EWS is fake/false the
services will be terminated forthwith without assigning any further
reasons and without prejudice to such further action as may be taken
under the provisions of the Indian Penal Code for production of
fake/false certificate.”
The appointing authority should verify the veracity of the Income and asset
certificate submitted by the candidate through the certificate issuing
authority.
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5.5 Instructions referred to above should be strictly followed so that it
may not be possible for an unscrupulous person to secure employment on the
basis of a false claim and if any person gets an appointment on the basis
of such false claim, her/his services shall be terminated invoking the
conditions contained in the offer of appointment.

DoPT O.M. F No.36039/1/2019-Est(Res.) dated 19.01.2019 regarding “Reservation for Economically Weaker Sections (EWSs) in civil posts and services in Government of India”

6. EFFECTING RESERVATION – MAINTENANCE OF ROSTERS:
6.1 Department of Personnel and Training had circulated Office Memorandum
No.36012/2/96-Estt(Res) dated July 2, 1997 regarding implementation of post
based reservation roster. The general principles for making and operating
post based reservation roster would be as per the principles laid down in
the said Office Memorandum.
6.2 Every Government establishment shall now recast group-wise post-based
reservation roster register for direct recruitment in accordance with
format given in Annexure II, III, IV and V, as the case
may be, for effecting 10% reservation for EWSs interpolating them with the
SCs, STs and OBCs. While fixing roster point, if the EWS roster point
coincides with the roster points of SCs/STs/OBCs the next available UR
roster point has been allotted to the EWSs and also the principle of
“squeezing” has been kept in view. While drawing up the rosters, the cadre
controlling authorities may similarly “squeeze” the last points of the
roster so as to meet prescribed 10% reservation.
6.3. Where in any recruitment year any vacancy earmarked for EWS cannot be
filled up due to non availability of a suitable candidate belonging to EWS,
such vacancies for that particular recruitment year shall not be carried
forward to the next recruitment year as backlog.
6.4 Persons belonging to EWS selected against the quota for persons with
benchmark disabilities/ex-servicemen shall be placed against the roster
points earmarked for EWS. 
7. ADJUSTMENT AGAINST UNRESERVED VACANCIES:
A person belonging to EWS cannot be denied the right to compete for
appointment against an unreserved vacancy. Persons belonging to EWS who are
selected on the basis of merit and not on account of reservation are not to
be counted towards the quota meant for reservation.
8. FORTNIGHTLY /ANNUAL REPORTS REGARDING REPRESENTATION OF EWS:
The Ministries/Departments shall send single consolidated fortnightly
report including their attached/subordinate offices beginning from
15.2.2019 as per format at Annexure-VI
From 01.01.2020, the Ministries/Departments shall upload data on
representation of EWSs in respect of posts/services under the Central
Government on the URL ie. www.rrcps.nic.in as on 1st January of every year.
All Ministries/Departments have already been provided respective usercode
and password with guidelines for operating the URL. 

9.

MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT
ESTABLISHMENT: 
9.1 Every Government establishment shall appoint a senior officer of the
Department as the Grievance Redressal Officer. 
9.2 Any person aggrieved with any matter relating to discrimination in
employment against any EWS may file a complaint with the Grievance
Redressal Officer of the respective Government establishment. The name,
designation and contact details of the Grievance Redressal Officer may be
displayed prominently on the website and in the office of the concerned
establishment. 
10. LIAISON OFFICER:
Ministries/Departments/Attached and Subordinate Offices shall appoint
Liaison Officer to monitor the implementation of reservation for EWSs.
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11. The above scheme of reservation will be  effective in respect of all
direct recruitment vacancies to be notified on or after 01.02.2019.
12. All the Ministries/Departments are requested to bring the above
instructions to the notice of all appointing authorities. under their
control. In case of any difficulty with regard to implementation of the
provisions of this OM, the concerned authorities may consult DOP&T
through their administrative Ministry/Department.
Encl.: As above.
(G. Srinivasan)
Director
Ph.No.011-23093074


Click to view/download signed order from facebook / dopt.gov.in
[http://documents.doptcirculars.nic.in/D2/D02adm/ewsf28fT.PDF]

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