Section 8 in Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1991
8. Direct Recruitment through the Commission/Selection Committee/ Selection Board/Departmental Promotion Committee etc.
(1)While making a request to the Commission or to the Selection Committee/Selection Board for recommending candidates for direct recruitment the appointing authority shall also furnish information about the reservation in favour of candidates belonging to the Scheduled Castes and the Scheduled Tribes. The information should be based on the inspection report of 100 point Roster showing position up to the year in which recruitment is proposed in respect of the concerned post or service as may be furnished jointly by the [Director for Welfare of Scheduled Castes and Other Backward Classes] [Substituted by the First Amendment Rules, 2000.] and the [Director for Welfare of Scheduled Tribes] [Substituted by the Second Amendment Rules, 2007.] or their representatives. The inspection report is to be furnished in Form - 2.(2)The inspection report shall form a part of the records of minutes/proceedings of Commission/Selection Committee /Selection Board /Departmental Promotion Committee.(3)[deleted ] [Deleted by the Second Amendment Rules, 2007.](4)The Commission or the Selection Committee/Selection Board etc. as the case may be, shall furnish its recommendations about such number of candidates as provided in the respective service rules [......] [Deleted by the Second Amendment Rules,2007.](5)The Commission or the Selection Committee/Selection Board etc. shall also furnish to the appointing authority separate lists of candidates recommended by it, namely one in respect of Scheduled Castes, one in respect of Scheduled Tribes and the other in respect of general candidates. A separate combined list of all categories of candidates in order of their merit/preference shall also be furnished by the Commission or the Selection Committee/Selection Board etc. as the case may be.Provided that a Scheduled Caste or Scheduled Tribe candidate who occupies on merit [or seniority or seniority-cum-fitness etc.] [Inserted by the First Amendment Rules, 2000.] an unreserved point of the 100-Point Roster in the combined list shall not be shown against any reserved point.[Provided further that at the time of recommending candidates for appointment to any post, the names against unreserved (vacant posts) 2 shall first be recommended in order of their merit or seniority or seniority-cum-fitness etc., as the case may be, and then the names against reserved vacant posts shall be recommended.] [Inserted by the First Amendment Rules, 2000.](6)The appointing authority shall then proceed to make appointment in accordance with the roster shown in the Schedule to the Act.(7)The seniority list of the candidates so appointed shall be determined in order of their merit/preference as shown in the combined list furnished by the Commission or by the Selection Committee /Selection Board etc.(8)(a)If it is found that the required number of Scheduled Castes candidates or Scheduled Tribe candidates for filling up reserved [vacant posts] [Substituted by the Second Amendment Rules, 2007.] are not available the appointing authority may initiate a proposal for filling up the reserved vacant posts by exchange method, i.e. for filling up the vacant posts reserved for Scheduled Tribe candidates, by available Scheduled Caste candidates or for filling up the vacant posts reserved for Scheduled Caste candidates, by available Scheduled Tribe candidates. He shall send the proposal to the [Department for Welfare of Scheduled Castes, Other Backward Classes and Minorities] [Substituted by the First Amendment Rules, 2000.] and to Tribal Welfare Department for their concurrence. When concurrence is received the appointing authority will make appointment subject to the condition that the [vacant posts] [Substituted by the Second Amendment Rules, 2007.] will be carried forward.(b)If candidate belonging to Scheduled Castes or Scheduled Tribes is not available by exchange method, then the [vacant post] [Substituted by the Second Amendment Rules, 2007.] may be filled up by deputation /transfer according to concerned Recruitment Rules.[Provided that notwithstanding anything contained in any other rules a reserved [vacant post] [Inserted by the First Amendment Rules, 2000.] may be filled up by deputation/reserved category of officers/employees holding analogous posts of identical scale of pay and in case of non-availability of officers/employees holding analogous posts, by deputation of reserved category of officers /employees holding lower posts equivalent to the feeder posts.](c)If the required number of candidates are not available even after further attempt within a recruitment year the reserved [vacant posts] [Substituted by the Second Amendment Rules, 2007.] shall be carried forward to the next recruitment year.(9)(a)If the appointing authority after observing the procedures of sub-rule (8), considers it necessary to fill up any reserved vacant post by candidate of unreserved category in the exigencies of public service he may initiate a proposal for de-reservation of the required number of reserved [vacant posts.] [Substituted by the Second Amendment Rules, 2007.] Proposal for de-reservation of [vacant posts] [Substituted by the Second Amendment Rules, 2007.] reserved for [Department for Welfare of Scheduled Castes, Other Backward Classes and Minorities ] [Scheduled Caste shall be sent to the Substituted by the First Amendment Rules, 2000.] and proposal for dereservation of [vacant posts] [Substituted by the Second Amendment Rules, 2007.] reserved for Scheduled Tribes to the Tribal Welfare Department for their concurrence. On getting the concurrence of the Tribal Welfare Department or [Department for Welfare of Scheduled Castes, Other Backward Classes and Minorities] [Scheduled Caste shall be sent to the Substituted by the First Amendment Rules, 2000.] as the case may be, the administrative Department concerned will obtain approval of the Council of Ministers and then issue notification de-reserving [vacant posts.] [Substituted by the Second Amendment Rules, 2007.](b)When a vacancy against any post or service is dereserved it shall be carried forward.(c)[Department for Welfare of Scheduled Castes, Other Backward Classes and Minorities] [Substituted by the First Amendment Rules, 2000.] or Tribal Welfare Department may accord concurrence for de-reservation in service or post only when it is satisfied that the Department concerned exhausted all possible efforts including the method of deputation and exchange of [vacant posts] [Substituted by the Second Amendment Rules, 2007.] between Scheduled Castes and Scheduled Tribes candidates, to fill up a reserved [vacant post.] [Substituted by the Second Amendment Rules, 2007.]
