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State of Uttar Pradesh - Section

Section 3 in The U.P. Public Services (Reservation For Scheduled Castes, Scheduled Tribes And Other Backward Classes) Act, 1994

3. Reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes. -

[(1) In public services and posts, there shall be reserved at the stage of direct recruitment, the following percentage of vacancies to which recruitment's are to be made in accordance with the roster referred to in sub-section (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens, -
(a) in the case of Scheduled Castes Twenty-one per cent;
(b) in the case of Scheduled Tribes Two per cent;
(c) in case of Other Backward Classes of citizens Twenty-seven per cent:
Provided that the reservation under clause (c) shall not apply to the category of Other Backward Classes of citizens specified in Schedule II:Provided further that reservation of vacancies for all categories of persons shall not exceed in any year of recruitment fifty per cent of the total vacancies of that year as also fifty per cent of the cadre strength of the service to which the recruitment is to be made;
(2)If, in respect of any year of recruitment any vacancy reserved for any category of persons under sub-section (1) remains unfilled, such vacancy shall be carried forward and be filled through special recruitment in that very year or in succeeding year or years of recruitment as a separate class of vacancy and such class of vacancy shall not be considered together with the vacancies of the year of recruitment in which it is filled and also for the purpose of determining the ceiling of fifty per cent reservation of the total vacancies of that year notwithstanding anything to the contrary contained in sub-section (1);] [Substituted by U.P. Act No. 1 of 2002.]
(3)[ Where a suitable candidate belonging to the Scheduled Tribes on Scheduled Castes, as the case may be, is not available in a recruitment either under sub-section (1) or sub-section (2) the vacancy reserved for him may be filled in such recruitment, from amongst the suitable candidates belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, and as soon as a vacancy earmarked in the losses referred to in sub-section (5) for the Scheduled Castes or Scheduled Tribes, as the case may be, arises such person belonging to Scheduled Castes or Scheduled Tribes, as the case may be, shall be adjusted against such vacancy of his own category.] [Substituted by U.P. Act No. 45 of 2007 (w.e.f. 25.08.2007).][x x x] [Sub-section (3-A) and (3-B) omitted by U.P. Act No. 1 of 2002.]
(4)[x x x] [Sub-section (4) omitted by U.P. Act No. 1 of 2002.]
(5)[ The State Government shall for applying the reservation under subsection (1), by a notified order, issue a roster comprising the total cadre strength of the public service or post indicating therein the reserve points and the roster so issued shall be implemented in the form of a running account from year to year until the reservation for various categories of persons mentioned in sub-section (1) is achieved and the operation of the roster and the running account shall, thereafter, come to an end, and when a vacancy arises thereafter in public service or post the same shall be filled from amongst the persons belonging to the category to which the post belongs in the roster.] [Substituted by U.P. Act No. 1 of 2002.]
(6)If a person belonging to any of the categories mentioned in subsection (1) gets selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancies reserved for such category under sub-section (1).
(7)If, on the date of commencement of this Act, reservation was in force under Government Orders for appointment to posts to be filled by promotion, such Government Orders shall continue to be applicable till they are modified or revoked.