Section 5 in The Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Rules, 1976
5. [ De-reservation of vacancies] [Renumbered by H.T.W. Department Notification No. 2164 dated 20.1.1984, published in Orissa Gazette Extraordinary No. 141, dated 3.2.1984.].
(1)Vacancies reserved for the Scheduled Castes and Scheduled Tribes [in case of initial recruitment] [Inserted by H.T.W. Department Notification No. 2164 dated 20.1.1984, published in Orissa Gazette Extraordinary No. 141, dated 3.2.1984.] shall not be filled by general candidates without being de-reserved in accordance with the following procedure-(a)(i)All vacancies except those which are required to be filled under statutory rules or through the Orissa Public Service Commission shall be notified to the local Employment Exchange in the form of requisition as prescribed under the Employment Exchange (Compulsory Notification of Vacancies) Rules, 1960. Simultaneously, a copy of the requisition in case of vacancies in Departments of Government of Heads of Department shall be sent to Tribal and Rural Welfare Department, and in case of vacancies in subordinate offices to the District Welfare Officer concerned.(ii)The number of vacancies reserved for Scheduled Castes and Scheduled Tribes out of the total vacancies notified shall be clearly indicated in the requisition furnished to the Employment Exchange.(iii)If sufficient number of Scheduled Caste and Scheduled Tribe candidates are not available through the Employment Exchange to fill up the vacancies reserved for them, the vacancies shall be advertised by the appointing authorities after getting a clearance certificate from the Employment Exchange.(iv)While notifying or advertising reserved vacancies it shall be made clear that while the vacancies are reserved for Scheduled Tribes (or Scheduled Castes) Scheduled Caste candidates would also be eligible for consideration in the event of non-availability of suitable Scheduled Tribe candidates and vice versa.(v)In case suitable Scheduled Caste and Scheduled Tribe candidates are not available to fill up the reserved vacancies even after issue of advertisement, such vacancies snail be de-reserved in accordance with the principles laid down in Sub-clause (vi).(vi)De-reservation of vacancies shall be made by an appointing authority with the prior approval of the authority next above the appointing authority. After such de-reservation has been made the appointing authority shall, in case of de-reservation of vacancies in a District Office, intimate the fact to the District Collector concerned and in the case of de-reservation of vacancies in an office of the Head of a Department or a Department of Government to the Tribal and Rural Welfare Department along with a certificate to the effect that he has followed procedure laid down in this connection with regard to de-reservation.(b)The procedure of de-reservation stated in Sub-clause (vi) of Clause (a) shall also apply to vacancies to be filled otherwise than through the Employment Exchange.(2)[ In case of promotion on the basis of seniority subject to fitness, the vacancies reserved for Schedule Caste and Scheduled Tribe and remaining unfilled on the ground of non-availability of candidates belonging to these communities, shall not be filled up without being de-reserved by the appointing authority by taking orders of the next higher authority.(3)In case of promotion based on selection from Class III posts to Class II posts, within Class II posts, from Class II posts to Class I posts and from post in the lowest rung of Class I, the reserved vacancies remaining unfilled, if any, shall be filled up by general candidates.] [Inserted by H.T.W. Department Notification No. 2164, dated 20.1.1984.]
