MINISTER OF STATE OF THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
(SMT. MANEKA GANDHI)
(a) Recently certain Inclusions/amendments in the Central list of Other Backward Classes
have been brought out vide Gazette of India Notifications No. 241 dated 27.10.1999, No.
270 dated 6.12.1999. and No. 71 dated 4.4.2000. Government of India has provided for
27% reservation for OBCs subject to exclusion of such socially advanced persons
(Creamy Layer) in the direct recruitment for the civil posts and services under the
Government as per Department of Personnel and Training OM No. 36012/22/93-Estt.
(SCT) dated 8.9.1993.
(btod) The National Commission for SCs & STs, in its Fourth Report has stated in
Recommendation No. II.8 that : `there is no reservation in Defence forces, scientific
establishments, judiciary etc. After 50 years of independence, when enough qualified
SC/ST candidates are available. Commission sees no reason for keeping these sector out
of the purview of reservation, denying opportunities to SCs/STs.` The Government after due consideration of all aspects including the view held by
the Hon`ble Supreme Court in the Indira Swahney judgment, are of the view that it is
neither advisable nor permissible to accept this recommendation of the National
Commission for SCs/STs.