UTTAR PRADESH PUBLIC SERVICES RESERVATION FOR SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES ACT, 1994
(1) This Act may be called the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.
(2) It shall be deemed to have come into force on December 11, 1993.
In this Act:
(a) "appointing authority" in relation to public services and posts means the authority empowered to make appointment to such services or posts;
2[(b) "other backward classes of citizens" means the backward classes of citizens specified in Part A of Schedule I;]
(b-1) 1[* * *]
(b-2) 1[* * *]
(b-3) 1[* * *]
(c) "public services and posts" means the services and posts in connection with the affairs of the State and includes services and posts in :
(i) a local authority;
(ii) a Co-operative Society as defined in clause (f) of Section 2 of the Uttar Pradesh Co-ope
Section 2 of the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes Act, 1994, provides the definitions crucial for interpreting the scope and application of the Act, particularly focusing on the term "backward classes" and related concepts. It forms the foundational legal framework for implementing reservation policies in UP's public services.
Section 2 primarily defines key terms:- "Backward classes" as those specified in Schedule I of the Reservation Act, 1994.- References to other statutes (e.g., Uttar Pradesh Municipalities Act, 1916; Municipal Corporation Act, 1959) that incorporate the same definition.- It links the term "backward classes" to the schedule enumerated in the Reservation Act, establishing a fixed list of communities entitled to reservation benefits.
Section 2 itself does not prescribe any punishment; it functions solely as a definitional clause. Penalties or consequences related to misapplication or misuse of reservation provisions are typically addressed elsewhere in the Act or related statutes.
"Definition of Backward Classes" - Section 2 links "backward classes" to communities listed in Schedule I of the Reservation Act, establishing the fixed list for reservation eligibility. [["Vaibhav Pandey VS State Of U. P. "]]
"Inclusion in Schedule I" - The communities enumerated in Schedule I form the exclusive list recognized as backward classes for reservation purposes, which can be amended from time to time by the State Government. [["Vaibhav Pandey VS State Of U. P. "]]
"Cross-reference to other Acts" - The definitions in Section 2 are adopted in other statutes such as the Uttar Pradesh Municipalities Act, 1916, and Municipal Corporation Act, 1959, ensuring uniformity in identifying backward classes across laws. [["Vaibhav Pandey VS State Of U. P. "]]
"Scope of Definition" - The definition confines eligibility to communities listed in Schedule I, thus excluding other communities not enumerated, which is critical in reservation implementation. [["Vaibhav Pandey VS State Of U. P. "]]
"Amendability" - Schedule I, and hence the list of backward classes, is subject to amendments by the State Government, allowing dynamic adjustment based on socio-economic changes. [["Vaibhav Pandey VS State Of U. P. "]]
"Relation to Reservation Policy" - The clarity provided by this definition ensures that reservation benefits are accorded only to communities officially recognized as backward classes, preventing arbitrary claims. [["Vaibhav Pandey VS State Of U. P. "]]
"Impact on Recruitment and Promotion" - The definition directly influences reservation quotas in public employment, as seen in cases where communities are included or excluded based on Schedule I listings. [["Vaibhav Pandey VS State of U. P. "]]
"Legal Validity" - The fixed enumeration in Schedule I, as adopted by Section 2, has been upheld in judicial decisions, affirming its role as the authoritative list for reservation eligibility. [["Vaibhav Pandey VS State of U. P. "]]
"Relation to Other Definitions" - The term "backward classes" as per Section 2 aligns with other legal definitions, such as those in the Uttar Pradesh State Commission of Backward Classes Act, 1996, ensuring consistency. [["Vaibhav Pandey VS State Of U. P. "]]
"Limitations" - The definition's reliance on Schedule I limits the scope to communities listed therein, which may be challenged if the list is outdated or incomplete, but amendments are permissible under the law. [["Vaibhav Pandey VS State of U. P. "]]
"Legal Certainty" - The explicit reference to Schedule I provides legal certainty regarding which communities qualify for reservation, reducing ambiguity and litigation. [["Vaibhav Pandey VS State Of U. P. "]]
"Relation to Constitutional Principles" - The definition supports constitutional mandates for social justice and affirmative action by clearly identifying eligible communities. [["State Of Kerala VS G. Radhakrishna Pillai"]]
"Implementation in Local Bodies" - The same definition is adopted in local body reservation laws, ensuring uniformity in community classification across different levels of governance. [["Vaibhav Pandey VS State of U. P. "]]
"Amendment Procedure" - Amendments to Schedule I require legislative action by the State Government, providing a legal process for updating the list of backward classes. [["Vaibhav Pandey VS State Of U. P. "]]
"Judicial Precedents" - Courts have consistently relied on Schedule I as the authoritative list for determining backward classes, reinforcing the legal weight of Section 2's definition. [["Vaibhav Pandey VS State of U. P. "]]
"Legal Certainty for Policy Makers" - The clear linkage to Schedule I aids policymakers in designing reservation policies with legal backing, avoiding arbitrary or extralegal classifications. [["Vaibhav Pandey VS State Of U. P. "]]
"Implication for Court Review" - Courts reviewing reservation cases will primarily examine whether the community in question is listed in Schedule I, as per Section 2, to determine eligibility. [["Vaibhav Pandey VS State of U. P. "]]
"Potential for Disputes" - Disputes may arise if communities seek inclusion or exclusion from Schedule I, but the law provides a formal amendment process to address such issues. [["Vaibhav Pandey VS State Of U. P. "]]
"Summary" - Section 2 provides a definitive, amendable list of backward classes, ensuring reservation policies are grounded in a legally recognized community list, which is central to the legitimacy and uniformity of affirmative action measures in UP. [["Vaibhav Pandey VS State Of U. P. "]]
In conclusion, Section 2 of the Uttar Pradesh Public Services Reservation Act, 1994, is a pivotal provision that fixes the scope of backward classes based on the communities enumerated in Schedule I, thereby providing a clear, amendable, and constitutionally aligned basis for implementing reservation policies across various statutes and government functions.
2[(1) In public services and posts, there shall be reserved at the stage of direct recruitment, the following percentage of vacancies to which recruitments 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 percent
(b) in the case of Scheduled Tribes - Two percent
(c) in the case of backward classes of citizens - Twenty-seven percent:
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
(1) The State Government may, by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring the compliance of the provisions of this Act.
(2) The State Government may, in the like manner, invest the appointing authority or officer or employee referred to in sub-section (1) with such powers or authority as may be necessary for effectively discharging the responsibility entrusted to him under sub-section (1).
(1) Any appointing authority or officer or employee entrusted with the responsibility under sub-section (1) of Section 4 who wilfully acts in a manner intended to contravene or defeat the purposes of this Act shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.
(2) No Court shall take cognizance of an offence under this section except with the previous sanction of the State Government or an officer authorised in this behalf by the State Government by an order.
(3) An offence punishable under sub-section (1) shall be tried summarily by a Metropolitan Magistrate or a Judicial Magistrate of the first class and the provisions of sub-section (1) of Section 262, Section 263, Section 264 and Section 265 of the Code of Civil Procedure, 1973 shall
If it comes to the notice of the State Government, that any person belonging to any of the categories mentioned in sub-section (1) of Section 3 has been adversely affected on account of noncompliance of the provisions of this Act or the rules made thereunder or the Government orders in this behalf by the appointing authority, it may call for such records and take such action as it may consider necessary.
The State Government may, by order, provide for nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens in the Selection Committee to such extent and in such manner as it may consider necessary where such committee is constituted either under the service rules or otherwise.
(1) The State Government may, in favour of the categories of persons mentioned in sub-section (1) of Section 3, by order, grant such concession in respect of fees for any competitive examination or interview and relaxation in upper age limit, as it may consider necessary.
(2) The Government orders in force on the date of the commencement of this Act, in respect of concessions and relaxations, including concession in fees for any competitive examination or interview and relaxation in upper age limit and those relating to reservation in direct recruitment and promotion, in favour of categories of persons referred to in sub-section (1), which are not inconsistent with the provisions of this Act, shall continue to be applicable till they are modified or revoked, as the case may be.
For the purpose of reservation provided under this Act, caste certificate shall be issued by such authority or officer in such manner and form as the State Government may, by order, provide.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.
No suit, prosecution or other legal proceedings shall lie against the State Government or any person for anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made thereunder.
The State Government may, by notification, make rules for carrying out the purposes of this Act.
The State Government may, by notification, amend the Schedules and upon the publication of such notification in the official' Gazette, the Schedules shall be deemed to be amended accordingly.
Every order made under sub-section (5) of Section 3, sub-sections (1) and (2) of Section 4 and Section 10 and every notification issued under Section 13 shall be laid, as soon as may be, before the Houses of State Legislature and the provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.
(1) The provisions of this Act shall not apply to cases in which selection process has been initiated before the commencement of this Act and such cases shall be dealt with in accordance with the provisions of law and Government orders as they stood before such commencement.
Explanation.-For the purposes of this sub-section the selection process shall be deemed to have been initiated where, under the relevant service rules, recruitment is to be made on the basis of :
(i) written test or interview only, the written test or the interview, as the case may be, has started, or
(ii) both written test and interview, the written test has started.
(2) The provisions of this Act shall not apply to the appointment to be made under the Uttar Pradesh Recruitment
(1) The Uttar Pradesh Public Services Reservation for (Backward Classes) Act, 1989 (U.P. Act No. 21 of 1989), the Uttar Pradesh Public Services (Reservation for Scheduled Castes and Scheduled Tribes) Act, 1993 (U.P. Act No. 3 of 1993) and the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Ordinance, 1994 (U.P. Ordinance No. 5 of 1994) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Acts and the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act as if the provisions of this Act were in force at all material times.
1[SCHEDULE I
[See Section 2(b)]
2[Part I]
1. Ahir, Yadav, Gwala, Yaduvanshiya
2. Sonar, Sunar, Swarnkar
3. Jat
4. Kurmi, Chanau, Patel, Patanwar, Kurmi-Mall, Kurmi-Seinthwar
5. Giri
6. Gujar
7. Gosain
8. Lodh, Lodha, Lodhi, Lot, Lodhi-Rajput
9. Kamboj
10. Arakh, Arakvanshiya
11. Kachchi, Kachchi-Kushwaha, Shakya
&
I. Constitutional Posts:
Son or daughter of a person who is 1[ * * * ] :
(a) the President of India;
(b) the Vice-President of India;
(c) the Judges of the Supreme Court or High Courts;
(d) the Chairman or Member of the Union Public Service Commission or the State Public Service Commission, the Chief Election Commissioner or the Comptroller and Auditor-General of India;
(e) On any other constitutional post of like nature.
II. Service Category:
(A) Group A or Class I officers of the All India, Central and State Services (Direct Recruit) :
&n
1[* * *]
------------------------------
1. Schedule III inserted by U.P. Act No. 21 of 2001 and omitted by U.P. Act No. 1 of 2002, Section 6 (w.e.f. 31-8-2002). Before omission Schedule III was stood as under:
"SCHEDULE III
[See Section 3(3)]
Part A
1. Chamar, Dhusia, Jhusia, Jatava
Part B
1. Agariya 2. Badhik 3. Badi 4. Baheliya 5. Baiga 6. Baiswar 7. Bajaniya 8. Bajgi 9. Balahar 10. Balai 11. Balmiki 12. Bangali 13. Banmanus 14. Bansphor 15. Barwar 16. Basor 17. Bawariya 18. Beldar 19. Beriya 20. Bhantu 21. Bhuiya 22. Bhuyiar 23. Boria 24. Chero 25. Davgar 26. Dhangar 27. Dhanuk 28. Dharkar 29. Dhobi 30. Dom 31.
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