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CHENNAI: Can the Central government follow two different policies in respect of reservation for members of Scheduled Tribes (STs) in recruitment?The Union government has held in the affirmative.Originally, D Deepa (32) of Giri Nagar in Avadi, belonging to ST community, applied for the post of tailor (semi-skilled) in Group ‘C’ in the Ordnance Clothing Factory coming under the Union Defence Ministry. As she was not selected, she moved the TN bench of the Central Administrative Tribunal to quash the selection process dated Dec 13 last year and to direct the centre to apply the reservation policy.Her counsel VS Suresh submitted that the factory was governed by the rule of reservation, which was 7.5 per cent in respect of ST candidates. There were 101 vacancies and the quota for STs would come to 8 posts. Since the Rule of Reservation had not been followed, the whole selection process was liable to be quashed, Suresh argued.In his counter filed on behalf of the Chairman, Ordnance Factory, Kolkata, GM and Asst Works Manager, Ordnance Clothing Factory in Avadi, the Joint General Manager admitted that there should be a reservation of 15 per cent for SCs, 7.5 per cent for STs and 27 per cent for OBC in the matter of appointment by direct recruitment to civil posts and civil services on all India basis by open competition and it would be 16.66 for SC, 7.5 for ST and 25.84 for OBC on all-India basis other than by open competition.However, the reservation for SC and ST in case of direct recruitment to Group ‘C’ and ‘D’ posts, normally attracting candidates from a locality or a region, was generally fixed on the basis of proportion of their population in their respective States/Union Territories. It would not be more than 27 per cent and the total reservation for SC, ST and OBC should not exceed 50 per cent. According to that office memorandum, the regional percentage of reservation in so far as TN was concerned for SC,ST and OBC was 19 per cent, 1 per cent and 27 per cent respectively and the same was being followed in this recruitment. Further, the ‘C’ and ‘D’ posts did not come under the purview of all -India basis. The direct recruitment in group ‘C’ at the entry level normally attracted the candidates from the locality or a region as per the extant orders. Hence, the question of reservation of 7.5 per cent did not arise, the counter added. The first bench of the CAT adjourned further hearing on the application till April 17.
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