C2RM… To Know More
Something Awesome Is In The Work
EWS reservation has been recently introduced by the Central Government of India. Now the general category candidates will be provided with 10% quota among their Economically Weaker Sections (EWS) in government jobs and educational institutions. This has been done by adding clauses in Indian Constitution (103rd Constitution Amendment Act, 2019)
The Rajya Sabha had passed the Constitution 124th (Amendment) Bill, 2019 that seeks to provide 10% reservation in jobs and educational institutions to economically backward sections in the general category. The legislation was passed in the upper house of the Parliament. 165 members voted in favour of it and 7 voted against it.
The share of seats that are accessible to you will be changed by this new quota act irrespective of the category- General, OBC, SC or ST and it will definitely affect your category.
The instructions were given by The Department of Personnel and Training yesterday for implementing quota for EWS in services and posts under central Government.
The quantum of EWS reservation will be 10% as declared by the government and the “scientific and technical” posts will not be included in EWS quota. The Bill was approved by the Parliament on 9th January, 2019.
The 10% reservation is in addition to the existing 50% reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking total reservation to 60 per cent.
This scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019.
A person whose gross annual income will be less than Rs.8 lakh will be considered in EWS quota and income from all the sources will be included whether salary, profession, business, agriculture etc.
The DoPT office memorandum issued on July 2, 1997 has general principles of applying roosters will be applied in case of EWS quota.
EWS representation’s periodic reports Annual reports on EWS representation will be prepared by The Ministries and Department fortnightly. Unfilled EWS posts will not carry forward No vacancy will be filled in any recruitment year if there is no suitable candidate belonging to the EWS. Vacancies that will not be filled by the suitable candidate will not carry forward for next recruitment year as a backlog.
There must be an upliftment of EWS section no doubt about that. It must be done by the reservation as a tool or not is a question. But now is the time that some new reforms must be introduced in Reservation System of India.
This implementation is yet to be decided by The Supreme Court of India. The situation will come to what existed if the Supreme Court will declare this implementation as null and void.
The detailed guidelines under the Scheme are as follows
I. GUIDELINES FOR THE CANDIDATES
Persons belonging to economically weaker sections shall get 10% reservation in direct recruitment in civil posts and services in the Government of India, provided that they are not covered under the scheme of reservation for Schedule Castes, Schedule Tribes and Other Backward Classes.
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 lakh (Rupees eight lakh only) can claim benefits.
The Scheme defines Economically Weaker Section (EWS) as one having:
1. Annual household income below Rs 8 lakh
2. Agriculture land below 5 acres
3. Residential house below 1000 sqft
4. Residential plot below 100 yards in notified municipality
5. Residential plot below 200 yards in non-notified municipality area
If the property is held by a family in different locations or at different
places/cities, then all of them would be clubbed while applying the land or property holding test to determine EWS status.
Under the scheme, a ‘family’ means and includes the
1. person who seeks benefit of reservation,
2. his/her parents and
3. siblings below the age of 18 years as also
4. his/her spouse and
5. children below the age of 18 years.
If any person gets an appointment on the basis of false claim, then her/his services are subject to termination invoking the conditions contained in the offer of appointment.
As a matter of right, any person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy.
II. REDRESSAL MECHANISM
A senior officer of the Department shall be appointed by every Government establishment who will act as the Grievance Redressal Officer.
Any person aggrieved with the instance of discrimination in employment against any EWS may file a complaint with the the ‘Officer’ of the respective Government establishment.
III. GUIDELINES FOR THE AUTHORITY
1. A person can avail the benefits under EWS only when he/she produces an Income and Asset Certificate issued by a Competent Authority. Such Certificate can be issued by any of the following:-
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
Chief Presidency Magistrate/Additional Chief Presidency
Magistrate/ Presidency Magistrate
Revenue Officer not below the rank of Tehsildar and
Sub-Divisional Officer or the area where the candidate and/or his
family normally resides.
2. The Officer issuing such certificate has to carefully verify all the relevant documents and follow the due process as prescribed by the respective State/Union Territory.
3. The date for submitting income and asset certificate by the candidate shall be treated as the closing date for receipt of application for the post.
4. The Income and asset certificate submitted by the candidate shall be verified by the appointing authority.
5. The offer of appointment to the candidate claiming to be belonging to EWS shall mandatorily include the following clause( The appointing authorities )
“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.”