In exercise of the powers conferred by the proviso to Article 309 read
with clause (3) of Article 15 of the Constitution of India, the Governor of
Punjab is pleased to make the following rules for providing reservation in
services for women in direct recruitment, namely: - (1)
These rules may be called The Punjab Civil Services (Reservation of
Posts for Women) Rules, 2020. (2)
These rules shall come into force on and with effect from the date of
their publication in the Official Gazette. In these rules, unless the context otherwise requires, - (a)
"establishment" means
any office of the State Government, a local authority or a statutory authority
constituted under any State Law for the time being in force, or a Board or
Corporation in which not less than fifty-one per cent of the paid up share of
capital is held by the Government of the State of Punjab and includes a
university or college affiliated to the university, primary and secondary
schools and other educational institutions, which are owned by the State
Government and also includes an establishment in public sector; and (b)
"establishment in public sector" means any industry, trade, business or occupation owned,
controlled or managed by, - (i)
the State
Government ; and (ii)
Government
Company as defined in sub-section (45) of section 2 of the Companies Act, 2013,
in which not less than fifty-one per cent of the paid up share capital is held
by the Government of the State of Punjab. Without prejudice to the generality of the provisions contained in any
Service rules, these rules shall apply to the filling up of posts by direct
recruitment in all the establishments in Group 'A', Group 'B', Group 'C' and
Group 'D' services. [(1) ? Notwithstanding
anything contained in any Service rules, there shall be a thirty-three percent
reservation, as per Annexure 'A', in favour of women, in all posts in Group
'A', Group 'B', Group 'C' and Group 'D' services under all the establishments
at the stage of direct recruitment and this reservation shall be horizontal and
compartmentalized]. . (2) ?? Where a
vacancy is filled by direct recruitment by a woman on the basis of merit, then
such woman candidate shall be appointed against the horizontal reservation for
women within their respective vertical reservation in any category. Explanation. - (i) "Vertical reservation" means
reservation in favour of the Scheduled Castes, Backward Classes, Other Backward
Classes and Economically Weaker Sections under clauses (4) and (6) of Article
16 of the Constitution of India. (ii) For the purposes of this rule, "horizontal and
compartmentalised reservation" means reservation within each watertight
category, namely, Scheduled Castes, Backward Classes, Other Backward Classes,
Economically Weaker Sections and Open Category. (1)
The reservation of posts for women set out in rule 4 shall be applied in
the following manner, namely:- (i)
firstly, to
fill the quota of the Open Category in order of merit and thereafter; (ii)
secondly, to
fill up each of the vertical reservation quotas and thereafter; (iii)
thirdly, to
find out how many women belonging to specific vertical reservation have been
selected on the above basis and thereafter; (iv)
if the
number of women candidates in each vertical is equal to or more than the thirty
three percent reservation quota for women, then there shall be no further
selection towards the reservation quota for women. (2)
Only if there is any shortfall of women candidates in a vertical
category, then the requisite number of women belonging to such vertical
category shall have to be taken and adjusted or accommodated against their
respective vertical reservation categories by deleting the corresponding number
of candidates therefrom. This process of verification and adjustment or accommodation
shall be applied separately to each of the vertical reservations. In such a
case, the overall reservation of thirty-three percent in favour of women, may
be satisfied or may not be satisfied. (3)
If the posts remain unfilled due to lack of sufficient number of
eligible women candidates, then the unfilled posts shall not be carried forward
to subsequent years and such posts shall be filled from the other candidates of
the respective vertical categories. Example. - If there are 200 vacancies and
fifteen percent are reserved for Schedule Castes and twenty seven percent for
Other Backward Classes under vertical reservation; and thirty three percent are
reserved for women under horizontal reservation, then, there are 116 seats in
Open Category, thirty seats for Schedule Castes and fifty four seats for Other
Backward Classes under vertical reservation. Since, thirty three percent seats
in each vertical is the reservation quota for women, i.e. thirty eight seats
for Open Category women, ten seats for Schedule Caste women and eighteen seats
for Other Backward Classes women. Step 1. - Candidates shall have to be first
listed in accordance with merit, from out of the successful eligible
candidates, in their respective vertical categories. Step 2. - As such, thirty posts are reserved
for Schedule Castse (of which the quota for women is ten), Schedule Caste
candidates shall have to be first listed in accordance with merit, from out of
the successful eligible candidates. If such list of thirty candidates contains
ten Schedule Caste women candidates, then there is no need to disturb the list
by including any further Schedule Caste women candidates. On the other hand, if
the list of thirty Schedule Caste candidates contains only eight women
candidates, then the next two Schedule Caste women candidates in accordance
with merit, will have to be included in the list and corresponding number of
candidates from the bottom of such list shall have to be deleted, so as to
ensure that the final list of thirty selected Schedule Caste candidates
contains ten women Schedule Caste candidates. But if the list of thirty
Schedule Caste candidates contains more than ten women candidates, selected on
own merit, all of them will continue in the list and there is no question of
deleting the excess women candidates on the ground that Schedule Caste women
have been selected in excess of the specified internal quota of ten. Step 3. - Repeat this exercise for each
vertical to fill vacancies. It is clarified that if there is a shortfall
of women in any watertight vertical category e.g. two Schedule Caste women (above)
are not available in the list then,- (i)
the vacancy shall not be made available to women of any other vertical
category i.e. Open Category Women or Other Backward Class women; and (ii)
as such, the overall reservation of thirty three percent in favour of
women, may be satisfied or may not be satisfied. If any difficulty arises in giving effect to the provisions of these
rules, it shall be referred to the State Government in the Department of
Personnel, whose decision thereon shall be final. Annexure 'A' (See rule 4) Serial No. Category/Class Roster Points 33% reservation 1 Scheduled
Castes (8) 33% of 25%=8.25%=8 1,13,25,37,49,61,77,85 2 Backward
Class (4) 33% of 12%=3.96%=4 8,42,64,88 3 Ex-servicemen
(4) 33% of 13%=4.29%=4 7,28,60,67 4 Sportsperson
(1) 33% of 3%=0.99%=1 23 5 Freedom
Fighter (1) 1% 63 (By
rotation) 6 Physically
Handicapped (1) 4% As per the instructions dated 03.10.2019 (at Local
reference) of Department of Social Security, Women and Child Development. 11,40,71
and 90 (By rotation) .
Blindness and low vision-1% . Deaf and
hard of hearing-1% .
Locomotor Disability-1% .
Intellectual Disability-1% 7 Economically
weaker Section 33% of 10%=3.33%=3 10,39,99 8 General
Category (11) 33% of 32%=10.56%=11 2,12,22,31,36,47,55,66,76,83,92 Total 33Punjab Civil
Services (Reservation of Posts for Women) Rules, 2020