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Registered No.

HSE-49/2016

PART I EXTRAORDINARY
No.857 AMARAVATI, WEDNESDAY, AUGUST 2, 2023 G.593

NOTIFICATIONS BY GOVERNMENT
--x--

GOVERNMENT OF ANDHRA PRADESH


ABSTRACT

Public Services - Andhra Pradesh State and Subordinate Service Rules, 1996 –
Implementation of Horizontal Reservation to Women, Persons with Benchmark
Disabilities, Ex-Servicemen and Meritorious Sportspersons in the matter of direct
recruitment and promotions and Amendments to Rule- 22 – Orders/Notification –
Issued.

GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No.77 Dated The 2nd August, 2023


Read the following:-

1. Judgment, dated 28 July, 1995 of the Hon’ble Supreme Court of India,


New Delhi in the Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And
Ors on Equivalent citations: 1995 SCC (5) 173, JT 1995 (5) 505 .
2. Judgment, dated 18.7.2007 of the Hon’ble Supreme Court of India, New
Delhi, in Rajesh Kumar Daria Vs. Rajasthan Public Service Commission
(2007(8)(SCC 785).
3. Judgment, dated 03.06.2010 of the Hon’ble Supreme Court in Public
Service Commission, Uttaranchal vs. Mamta Bisht (2010(12) SCC 204).
4. Order, dated 07-11-2022 of the Hon’ble Supreme Court of India, New
Delhi, in Writ Petition (Civil) No. 55 of 2019, Janhit Abhiyan Versus
Union of India.

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5. G.O.Ms.No.436, G.A. (Ser.D) Deptt., dated 15-10-1996.
6. G.O.Ms.No.175, Home (Genl.C) Deptt., dated 10-02-2005.
7. G.O.Ms.No.310, G.A. (Ser.D) Dept., dated 19.7.2005.
8. G.O.Ms.No.23, Dept. for WCDA&SC (DW), dated 26.05.2011.
9. G.O.Ms.No.42, Dept. for WCDA&SC (DW), dated 19.10.2011.
10. G.O.Ms.No.74, Youth, Advancement, Tourism and Culture (Sports)
Department, dated 9.8.2012.
11. G.O.Ms.No.99, G.A. (Ser.D) Dept., dated 04.03.2013.
12. G.O.Ms.No.40, Dept. for WCDA&SC (Prog.II), dated 25.07.2016.
13. G.O.Ms.No.17, Youth, Advancement, Tourism and Culture
(Sports&YS) Department, dated 9.8.2017.
14. G.O.Ms.No.188, G.A. (Ser.D) Dept. dated 18.12.2017.
15. G.O.Ms.No.13, G.A. (Ser.D) Dept., dated 23.01.2018.
16. G.O.Ms.No.63, G.A. (Ser.D) Dept., dated 17.04.2018.
17. G.O.Ms.No.60, B.C. Welfare (F) Dept, dated 27.7.2019.
18. G.O.Ms.No.2, Dept. for WCDA&SC, dated 19.02.2020.
19. Judgement dated 05.03.2021 of the Hon’ble Court of Andhra Pradesh
in W.P. 23770 of 2017 and batch cases.
20. G.O.Ms.No.65, G.A.(Ser.D) Dept., dated 14.7.2021.
21. G.O.Ms.No.66, G.A.(Ser.D) Dept., dated 14.7.2021.
22. G.O.Ms.No.73, G.A.(Ser.D) Dept., dated 4.8.2021.
23. G.O.Ms.No.121, G.A.(Ser.D) Dept. dated 12.10.2022.
24. G.O.Ms.No.140, G.A.(Ser.D) Dept., dated 16.11.2022.
25. G.O.Ms.No.36, G.A.(Ser.D) Dept., Dated 29.03.2023.
26. From the Prl. Secretary to Govt., Social Welfare Department and
Chairperson of the Committee to study Horizontal Reservations
Lr.No.1841934/PESHI/2023, dated 10.04.2023.

*****
ORDER:

(I) Background

In the judgment first read above, the Hon’ble Supreme Court of India, New
Delhi, in Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And Ors on Equivalent
citations: 1995 SCC (5) 173, JT 1995 (5) 505 has disposed of the case with the
following directions:-

“…….. Now, coming to the correctness of the procedure prescribed by the


revised notification for filling up the seats, it was wrong to direct the fifteen percent
special reservation seats to be filled up first and then take up the O.C. (merit) quota
(followed by filling of O.B.C., S.C. and S.T. quotas). The proper and correct course is
to first fill up the O.C. quota (50%) on the basis of merit: then fill up each of the social
reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how
many candidates belonging to special reservations have been selected on the above
basis. If the quota fixed for horizontal reservations is already satisfied - in case it is an

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over-all horizontal reservation - no further question arises. But if it is not so satisfied,
the requisite number of special reservation candidates shall have to be taken and
adjusted/accommodated against their respective social reservation categories by
deleting the corresponding number of candidates there from. (If, however, it is a case
of compartmentalised horizontal reservation, then the process of verification and
adjustment/accommodation as stated above should be applied separately to each of the
vertical reservations. In such a case, the reservation of fifteen percent in favour of
special categories, overall, may be satisfied or may not be satisfied.) Because the
revised notification provided for a different method of filling the seats, it has
contributed partly to the unfortunate situation where the entire special reservation
quota has been allocated and adjusted almost exclusively against the O.C. quota.
“In this connection, we must reiterate what this Court has said in Indra
Sawhney. While holding that what may be called "horizontal reservation" can be
provided under clause (1) of Article 16, the majority judgment administered the
following caution in para 744: "(B)ut at the same time, one thing is clear. It is in very
exceptional situation - and not for all and sundry reasons - that any further
reservations of whatever kind, should be provided under clause (1). In such cases, the
State has to satisfy, if called upon, that making such a provision was necessary (in
public interest) to redress the specific situation. The very presence of clause (4) should
act as a damper upon the propensity to create further classes deserving special
treatment. The reason for saying so is very simply. If reservations are made both
under clause (4) as well as under (1), the vacancies available for free competition as
well as reserved categories would be correspondingly whittled down and that is not a
reasonable thing to do". Though the said observations were made with reference to
clauses (1) and (4) of Article 16, the same apply with equal force to clauses (1) and (4)
of Article 15 as well. In this case, the reservation of fifteen percent of seats for special
categories was on very high side. As pointed out above, two categories out of them
representing six percent out of fifteen percent are really reservations under Article
15(4), wrongly treated as reservations under Article 15(1). Even otherwise, the
special reservation would be nine percent. The respondents would be well advised to
keep in mind the admonition administered by this Court and ensure that the special
reservations (horizontal reservations) are kept at the minimum.
“Having pointed out the errors in the rule of reservation and its
implementation, the question arises what should be done now? Should we interfere
with the admissions already finalised? We think it inadvisable to do so. It may be
remembered that the admissions now finalised (in June- July, 1995) are really the
admissions which ought to have been finalised one year back. The delay has occurred
on account of the first faulty notification (issued on May 17, 1994). When a writ
petition was filed in this court - probably some writ petitions in the High Court also -
the Government realised its mistake and issued the revised notification on December
17, 1994. It dropped the reservation in favour of women in stages. The University had
then to issue a corrigendum asking the special category candidates to indicate their
social status. This was a delayed exercise which ought to have been undertaken at the
beginning itself. Even the manner in which the seats have been filled up, as indicated
above, is faulty. What we have laid down herein is more for the purpose of future
guidance for the respondents. At the same time, we have to rectify the injustice done
to the open competition candidates in the admissions in question, to the extend

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feasible. Accordingly, we direct that in the matter of admissions made pursuant to
C.P.M.T.1994, while the admissions already finalised shall not be disturbed, the Uttar
Pradesh Government shall create thirty four additional seats in the M.B.B.S. course
and admit thirty four students from the O.C. category against those seats. If any seats
are vacant as on today, they shall also be filled from the O.C. category alone. (It is
made clear that O.C. category means the merit list and no distinction shall be made
among the candidates in the O.C. list on the basis of their social status because it is
well settled that even a S.T./S.C./O.B.C. candidate is entitled to obtain a seat in the
O.C. category on the basis of his merit.) The counsel for the petitioners complain that
fifty four students belonging to O.C. category have been deprived on account of
respondents' faulty actions and that it should be directed to be made up. We cannot
agree. The factual basis of this submission is debatable in view of the ambiguity
mentioned hereinbefore. We have directed creation of thirty four seats (making a total
of 780 seats this year) having regard to all the facts and circumstances of the case.
This creation of additional seats is restricted to current admissions only and shall not
be a permanent feature. The Uttar Pradesh Government/concerned authorities shall
allocate the said thirty four additional seats appropriately among the government
medical colleges and make admissions thereto as early as possible.
“We hope and trust that the respondents will ensure that a similar situation
does not arise for the ensuing admissions.
“The writ petitions are disposed of with the above terms. No costs”.

2. In the judgment second read above, the Hon’ble Supreme Court in Rajesh
Kumar Daria Vs. Rajasthan Public Service Commission and others has disposed of
the case as follows:-

“………….In the Judgement read above, the Supreme Court, in Rajesh


Kumar Daria Vs. Rajasthan Public Service Commission [2007(8) SCC 785] held that,
‘Social reservations in favour of SC, ST and OBC under Article 16(4) are ‘vertical
reservations’. Special reservations in favour of physically handicapped, women, etc.
under Articles 16(1) or 15(3) are ‘horizontal reservations’’. Where a vertical
reservation is made in favour of a Backward Class under Article 16(4), the candidates
belonging to such Backward Class, may compete for non-reserved posts and if they are
appointed to the non-reserved posts on their own merit, their number will not be
counted against the quota reserved for the respective Backward Class. Therefore, if the
number of SC candidates, who by their own merit, get selected to open competition
vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it
cannot be said that the reservation quota for SCs stood filled. The entire reservation
quota will be intact and available in addition to those selected under open competition
category.

“ But the said principle applicable to vertical (social) reservations, will not apply
to horizontal (special) reservations. Where a special reservation for women is provided
within the social reservation for SCs, the proper procedure is first to fill up the quota
for SCs in order of merit and then find out the number of candidates among them who
belong to the special reservation group of ‘Scheduled Caste Women”. If the number of
women in such list is equal to or more than number of special reservation quota, then

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there is no need for further selection towards the special reservation quota. Only if
there is any shortfall, the requisite number of Scheduled Caste Women shall have to be
taken by deleting the corresponding number of candidates from the bottom of the list
relating to Scheduled Castes’’.

3. In the judgment third read above, the Hon’ble Supreme Court in Public
Service Commission, Uttaranchal vs. Mamta Bisht (2010(12) SCC 204)” has disposed
of the case with the following directions:-

“ ………. But the aforesaid principle applicable to vertical (social) reservations


will not apply to horizontal (special) reservations. Where a special reservation for
women is provided within the social reservation for Scheduled Castes, the proper
procedure is first to fill up the quota for Scheduled Castes in order of merit and then
find out the number of candidates among them who belong to the special reservation
group of "Scheduled Caste women". If the number of women in such list is equal to or
more than the number of special reservation quota, then there is no need for further
selection towards the special reservation quota. Only if there is any shortfall, the
requisite number of Scheduled Caste women shall have to be taken by deleting the
corresponding number of candidates from the bottom of the list relating to Scheduled
Castes. To this extent, horizontal (special) reservation differs from vertical (social)
reservation. Thus women selected on merit within the vertical reservation quota will
be counted against the horizontal reservation for women." (Emphasis added)
14. In view of the above, it is evident that the judgment and order of the High
Court is not in consonance with law laid down by this Court in Rajesh Kumar Daria
(supra). The judgment and order impugned herein is liable to be set aside and all
consequential orders become unenforceable and inconsequential.

“Thus, appeals succeed and are allowed. Judgment and order of the High Court
dated 26.10.2005 passed in Writ Petition no.780/2003 (M/B) is hereby set aside. No
costs”

4. In the light of the above judgements given by Hon’ble Supreme Court of


India,it be came necessary for the Government to examine the existing policies of
Horizontal reservations, an amendment the Rule 22 of AP State and Subordinate
Rules,1996 and thereby issue detailed operational guide lines.

5. In the judgment fourth read above, the Hon’ble Supreme Court of India in
Writ Petition (Civil) No. 55 of 2019, Janhit Abhiyan Versus Union of India vide it’s
order dated 07.11.2022 has disposed of the case with following directions:-

“In view of the decision rendered by the majority consisting of Hon’ble Mr.
Justice Dinesh Maheshwari, Hon’ble Ms. Justice Bela M. Trivedi and Hon’ble Mr.
Justice J.B. Pardiwala, the challenge raised to 103 rd Amendment to the Constitution
fails and the decision rendered by Hon’ble Mr. Justice S. Ravindra Bhat remains in
minority.

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“ Consequently, the Writ Petitions and other proceedings stand disposed of”.

(II) Extracts of Existing Policies of Horizontal Reservations.

i) In the G.O. fifth read above, Andhra Pradesh State and Subordinate
Service Rules, 1996 have been issued.

ii) In the G.O. sixth read above, orders have been issued allotting the
following Roster points to Ex-Servicemen for the direct recruitment:
“RP No.13 & RP No.37
Out of 13 and 37 roster points for ex-servicemen, whether proviso can be
made for giving preference to one of the two points for women and if not
available, both the points with men may also be looked into.”

iii) In the G.O. seventh read above; orders have been issued amending
Rule-22 of A.P.State and Subordinate Service rules, 1996 as follows:

“ In the case of appointments to a post referred to in sub-rule © the 13th and


37th turns in each unit of hundred vacancies shall be reserved for ex-
servicemen. Out of 13th and 37th roster points, preference to one of the two
points for women can be given and if women candidates are not available,
both the points with men shall be considered. However, wherever the special
or adhoc rules provide that there shall be no reservation for ex-servicemen or
if a qualified and suitable candidate is not available from ex-servicemen, the
turn allotted to ex-servicemen shall be deemed to be allotted to Open
Competition”.

iv) In the G.O. eighth read above, orders have been issued providing 3%
of vacancies in case of Direct Recruitment for persons or class of
persons with disability of which one per cent, each shall be reserved
for persons suffering from:- a) blindness or low vision; b) hearing
impairment; c) locomotor disability or cerebral palsy. It was also
ordered that the Government may, having regard to the type of work
carried on in any department or establishment, by notification subject
to such conditions, if any, as may be specified in such notifications,
exempt any establishment from the provisions of this reservation, as
per the procedure prescribed, duly placing the proposal before the
Inter Departmental Committee headed by the Secretary, Department
for Women, Children, Differently Abled and Senior Citizens.

v) In the G.O. eleventh read above, orders have been issued


amending Rule 22 of the A.P. State and Subordinate Service Rules ,
1996 as follows:-

“In rule-22 of the said rules, in sub-rule (2) in clause (e),--

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(1) for the existing order of rotation points 6th, 31st and 56th, the following
shall be substituted, namely,-

“6. Blindness or Low Vision (women)


31. Hearing Impaired (Open)
56. Locomotor Disability or Cerebral Palsy (Open)”

(2) in the proviso, for item (ii), the following shall be substituted namely,

“(ii) In the Second cycle of 100 roster points, the following points shall be
reserved as follows:-

“106. Blindness or Low Vision (Open)


131. Hearing Impaired (Women)
156. Locomotor Disability or Cerebral Palsy (Open)”

In the third cycle of 100 roster points, the following points shall be
reserved as follows:-

“206. Blindness or Low Vision (Open)


231. Hearing Impaired (Open)
256. Locomotor Disability or Cerebral Palsy (Women)”

The 6th, 31st and 56th turns in each cycle of hundred(100)vacancies


shall be allotted to the Blindness or Low Vision (Visually Handicapped),
Hearing Impaired (Hearing Handicapped) and Locomotor Disability or
Cerebral Palsy (Orthopaedically Handicapped) persons respectively as stated
above and where qualified and suitable candidates are not available from
among them, the turn allotted for them in the unit referred to above shall be
carried forward to the succeeding recruitment year for being filled from the
same category. If, in that year also, qualified candidates of the same category
are not available, the same shall be notified for being filled up by
interchanging from among the three categories. Only when there is no
person with disability of any of the 3 categories available for the post, the
vacancy shall be filled up by the employer by appointment of a person, other
than a person with disability. Provided that if qualified women candidates are
not available for the posts reserved for women, qualified men candidates of the
same category of disabled may be appointed.”

vi) In the G.O. ninth read above, orders have been issued providing 3%
reservations in promotions for each of the categories of disabled, i.e.
6th , 31st and 56th Roster Points prescribed under Rule 22 of the Andhra
Pradesh State and Subordinate Service Rules.

vii) In the G.O. fourteenth read above, orders have been issued
amending Rule 22 of the A.P. State and Subordinate Service rules, 1996
as follows:-

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“In rule 22, of the said rules;

(1) In sub-rule (1) in clause (ii): for the words, “Scheduled Castes and
Scheduled Tribes” the words “Scheduled Castes, Scheduled Tribes
and Physically Handicapped Persons” shall be substituted.

(2) In sub-rule 2(a)(i) for the words “and six for Scheduled Tribe
employees”, the words “six for Scheduled Tribe and three for
Physically handicapped employees” shall be substituted.

(ii) in Clauses A,B,C,D & E,-

For the words “Scheduled Castes and Scheduled Tribes” the words
“Scheduled Castes, Scheduled Tribes and Physically Handicapped
Persons” shall be substituted.

(iii) in Clause C,-

The word “both” shall be omitted”


(iv) After Clause (E), the following shall be inserted, namely:-

“F -If any department considers that it is not possible to provide


reservation in promotions for any category of Persons with
Disabilities, keeping in view the nature of duties to be performed
by the employees in that particular department, the department
may seek partial or full exemption from such reservation in
promotions, however such exemption or modification shall be
decided by an Inter Departmental Committee as specified by the
G.O.Ms.No.23, dated:26.5.2011, Dept. for Women, Child,
Disabled & Senior Citizen.

The Departments who wish to seek exemptions may do so within


(90) days from the date of issue of these orders during which period
the Rule of Reservation shall not apply to such departments for the
posts identified by them for exemption. The orders issued by the
Committee thereafter shall be final and further action taken
accordingly”.

viii) In the G.O. eighteenth read above, orders have been issued stating that
as per Section-34 of the Rights of Persons with Disabilities Act, 2016,
four percent (4%) reservation has been provided in appointment and in
promotions in every Government establishment in favour of persons
with Benchmark Disabilities.

The following Roster Points are fixed:


6 Blindness and Low Vision (Women)

8
31 Deaf and Hard of Hearing (Open)
56 Locomotor Disability (Open)
86 Autism, Intellectual Disability, Specific Learning Disability,
Mental Illness and Multiple Disabilities (Open)
ix) In the said G.O., a provision was also made therein to give exemption
to Government establishments from this reservation by placing the
matter before the Inter Departmental Committee.

x) Based on the said orders, in the G.O. twenty third read above, orders
have been issued providing four percent (4%) reservation to the
persons with Benchmark disabilities in appointments and promotions.
It has also been directed therein that if any Department consider that
exemption is necessary in Government establishments from this
reservation, they shall place the matter before the Inter Departmental
Committee along with due justification.

xi) In the G.O. twelfth read above, orders have been issued providing
33 1/3% reservation to Women horizontally, in each category i.e.,
OC, BC-A, BC-B, BC-C, BC-D, BC-E, SC, ST, Persons with Bench Mark
Disabilities, Ex-serviceman and Meritorious Sportspersons in the
matter of direct recruitment to the posts, for which men and women
are equally suited, by superseding the earlier orders issued in the
matter.

xii) In the G.O. sixteenth read above, accordingly orders have been issued
amending Rule-22 of A.P. State and Subordinate Service rules, 1996
substituting sub-rule (2) of Rule-22-A of A.P. State and Subordinate
Service Rules, 1996, providing reservation to women Horizontally to
an extent of 33 1/3% of the posts in each category of Open
Competition, Backward Classes (Group-A), Backward Classes (Group-
B), Backward Classes (Group-C), Backward Classes (Group- D),
Backward Classes (Group-E), Scheduled Castes, Scheduled Tribes and
Physically Handicapped and Ex-servicemen and Meritorious
Sportsperson quota.

xiii) In the G.O. tenth read above, orders have been issued providing a sports
quota reservation of two percent (2%) for meritorious sports persons in
all posts of State Government Departments, Educational Institutions,
Local Bodies, Corporations, Boards, Authorities, Grandhalaya
Samsthas, Market Committees and other establishments which are
funded or aided by the State Government where direct recruitment is
one of the methods of appointment, hereinafter, as per the sports
policy.

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xiv) Further, in the G.O. thirteenth read above, orders have been issued
providing two percent (2%) reservation to Meritorious Sports persons
horizontally in Direct recruitment in the existing 100 roster points as
per Rule-22(2)(e) of the A.P.State and Subordinate Service Rules, 1996.
Roster Points 48 and 98 meant for Open Competition have been
earmarked to reservation under Sports quota in Direct recruitment.
Further, in the event of non availability of eligible sports persons, the
points reserved for them should be deemed to be allotted to open
competition in the same recruitment.

xv) In the G.O. fifteenth read above, orders have been issued amending
Rule-22 of A.P.State and Subordinate Service rules, 1996, providing two
percent (2%) reservation to meritorious Sports persons horizontally
in all categories of posts. Roster Points i.e., 48 (meritorious
sportsperson) (open) and 98 (meritorious sportsperson) (open) have
been fixed. It has also been ordered that in the event of non availability
of eligible sports persons, the points reserved for them should be
deemed to be allotted to open competition in the same recruitment.

xvi) In the G.O. seventeenth read above, orders have been issued for
implementation of 10% reservation to the Economically Weaker
Sections (EWS) for admissions into Educational Institutions in
accordance with the purport of the Constitution (One Hundred and
Third Amendment) Act, 2019 and as per the guidelines issued by
Government of India in this regard.

xvii) Based on the policy decision taken by Backward Classes Welfare (F)
Department, in the reference twentieth read above, orders have been
issued extending revised/ reiterated operational guidelines for
admission to Educational Intuitions. Further, in the G.O. twenty first
read above, operational guidelines have been issued for
implementation of 10% reservation to the Economically Weaker
Sections (EWS) for initial appointments in the Posts and Services under
the State Government. It has been specified therein that the persons
who are not covered under existing scheme of reservations for the
Scheduled Castes, the Scheduled Tribes and the Socially and
Educationally Backward Classes and whose gross annual family
income is below Rs.8.00 lakhs are to be identified as Economically
Weaker Sections (EWS) for the benefit of reservation. The Income shall
also include income from all sources i.e. salary, agriculture, business,
profession, etc. for the financial year prior to the year of application.

xviii) Further in the G.O. twenty second read above, orders have been issued
amending Rule-22 of A.P. State and Subordinate Service rules, 1996,
fixing Roster Point Nos.12,21,32,42,50,61,73,82, 88 & 96, out of 100
Roster Points to Economically Weaker Sections(EWS) category.

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(III) Need to study the existing policies of Horizontal Reservations:

i) In the G.O. twenty fourth read above, orders have been issued
constituting a Committee of officials under the Chairpersonship of Principal
Secretary to Government, Social Welfare Department to study the Horizontal
Reservation in respect of Women, Persons with Benchmark Disabilities, Ex-
servicemen, Meritorious Sports persons, in the light of the Hon’ble Supreme
Court orders and directed to furnish appropriate proposals and guidelines
for implementation of Horizontal Reservation, and on how to operate 100
Roster Points horizontally in appointments by Direct recruitment and by
promotions for various categories of posts. The Committee consists of:-

1. Principal Secretary to Government : Chairperson


Social Welfare Department.
2. Principal Secretary to Government : Member
B.C. Welfare Department.
3. Principal Secretary to Government, : Member
Department for WCDA &SC.
4. Principal Secretary to Government, : Member
Home Department.

5. Principal Secretary to Government, : Member


YAT & C(Sports & YS) Department.
6. Principal Secretary to Government, : Member
Tribal Welfare Department.
7. Principal Secretary to Government, : Member
Higher Education Department.
8. Secretary to Government (Services & HRM) : Member/
General Administration Department. Convenor

ii) In the G.O. twenty fifth read above, Government have extended time
of the committee to submit the report up to 15.04.2023.

iii) In the reference twenty sixth read above, the Principal Secretary to
Government, Social Welfare Department and the Chairperson of the
Committee submitted report of the Committee. The Committee has
recommended among others, that-

1) No roster point shall be earmarked to women, Persons with


Benchmark Disabilities, Ex-serviceman and Meritorious sports
persons for implementation of horizontal reservation.

11
2) Roster points earmarked in the existing Roster to the categories of
Women, Persons with Benchmark Disabilities, Ex-serviceman and
Meritorious Sports persons shall be deleted.

3) New 100 point cycles for Direct Recruitment and promotion have
been suggested

4) Implementation of four percent reservation to Persons with


Benchmark Disabilities and given detailed guidelines on Persons
with Benchmark Disabilities, exemption for government
departments and establishments from reservation to Persons with
Benchmark Disabilities, maintaining of register rosters.

5) The sequence to be followed while filling-up of the posts to women,


Persons with Benchmark Disabilities, Ex-serviceman and
Meritorious sports persons has been recommended, while
implementation of horizontal reservation.

iv) The Committee has also recommended to the Government to revise the
policies of the Department for Women Children Differently Abled and Senior
Citizens, Home Department, Youth Advancement, Tourism and Culture
(Sports) Department, Department of Economically Weaker Sections Welfare
and further the General Administration Department shall take necessary
action to make amendments to the Andhra Pradesh State and Subordinate
Service Rules, 1996 based on the recommendations of the Committee for
implementations of Horizontal Reservations to the categories of Women,
Persons with Benchmark Disabilities, Ex-servicemen, Meritorious Sports
persons and also reservations to Economically Weaker Sections duly
following the Andhra Pradesh Government Business Rules.

(IV) Amendment to the AP State and Subordinate Service Rules, 1996

Government after careful examination of the matter, keeping in view of the


above Judgements of the Hon’ble Supreme Court, guidelines of Government of India
and the existing orders of the State Government, have accepted the report of the
Committee of Officials for implementations of Horizontal reservations to the
categories of Women, Persons with Benchmark Disabilities, Ex-servicemen,
Meritorious sportspersons and also reservations to Economically Weaker Sections
and decided to issue necessary amendments to Andhra Pradesh State and
Subordinate Service Rules, 1996. All departments, State Owned Corporations,
Societies and also the Universities shall follow and also conduct their recruitments
strictly in accordance with the Rules being amended below and also amend their
rules in conformity with the general rules being amended. Accordingly, the
following notification will be published in the Andhra Pradesh Gazette:-

12
NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the


Constitution of India and of all other powers hereunto enabling, the
Governor of Andhra Pradesh, hereby makes the following amendment to the
Andhra Pradesh State and Subordinate Service Rules, 1996, issued in
G.O.Ms.No.436, General Administration (Services-D) Department, dated the
15th October, 1996 as subsequently amended from time to time.

AMENDMENTS
In the said rules,

(1) In Rule-2, for clause (22), the following shall be substituted, namely;-

“(22) Persons with Benchmark Disabilities: Persons with Benchmark


Disabilities means a person is said to be,

(a) Blindness and Low vision.


(b) Deaf and Hard of hearing.
(c) Locomotor disability including cerebral palsy, leprosy
cured, dwarfism, acid attack victims and muscular dystrophy.
(d) Autism, Intellectual disability, Specific learning disability,
Mental illness.
(e) Multiple disabilities from amongst persons under clauses (a) to
(d) including deaf-blindness in the posts identified for each
disabilities."

( 2) For the words, “Physically handicapped person(s)”, wherever it occur, the


words, “Persons with Benchmark Disabilities”, shall be substituted .

( 3) In sub rule (2) of Rule 22 -

(i) After clause (E), the following shall be inserted, namely:-

“(E-1) (1) Horizontal reservation for persons with benchmark


disabilities:-

Four percent (4%) reservation in appointment and promotions in every


Government establishment in favour of persons with benchmark
disabilities; of which one percent (1%) each shall be reserved for
persons as detailed below from the panel year 2023-24:

a. Blindness and low vision.

13
b. Deaf and hard hearing.
c. Loco motor disability including cerebral palsy, leprosy
cured, dwarfism, acid attack victims and muscular dystrophy.
d. Autism, Intellectual disability, Mental illness.
e. Multiple disabilities from amongst persons under clauses (a) to
(d) including deaf-blindness in the posts identified for each
disabilities.”

(ii) The existing “Clauses (b) and (d)” shall be omitted.

(iii) For Clause (e), the following shall be substituted, namely;-

“(e) Appointments under this rule shall be made in the order of


rotation specified below in a unit of hundred vacancies for vertical
reservations in Direct Recruitment:

Roster Point No. Category for Reservation


1. Open Competition
2. SC
3. Open Competition
4. Backward Class(Group-A)
5. Open Competition
6. Open Competition
7. SC
8. ST
9. Open Competition
10. Backward Class(Group-B)
11. Open Competition
12. Economically Weaker
Sections
13. Open Competition
14. Backward Class(Group-C)
15. Open Competition
16. SC
17. Open Competition
18. Backward Class(Group-D)
19. Backward Class(Group-E)
20. Backward Class(Group-A)
21 Economically Weaker Sections
22. SC
23. Open Competition
24. Backward Class(Group-B)
25. ST
26. Open Competition

14
27. SC
28. Open Competition
29. Backward Class(Group-A)
30. Open Competition
31. Open Competition
32. Economically Weaker Sections
33. ST
34. Open Competition
35. Backward Class(Group-B)
36. Open Competition
37. Open Competition
38. Open Competition
39. Backward Class(Group-D)
40. Open Competition
41. SC
42. Economically Weaker Sections
43. Backward Class(Group-D)
44. Backward Class(Group-E)
45. Backward Class(Group-A)
46. Open Competition
47. SC
48. Open Competition
49. Backward Class(Group-B)
50. Economically Weaker Sections
51. Open Competition
52. SC
53. Open Competition
54. Backward Class(Group-A)
55. Open Competition
56. Open Competition
57. Open Competition
58. ST
59. Open Competition
60. Backward Class(Group-B)
61. Economically Weaker Sections
62. SC
63. Open Competition
64. Backward Class(Group-D)
65. Open Competition
66. SC
67. Open Competition
68. Backward Class(Group-D)
69. Backward Class(Group-E)
70. Backward Class(Group-A)
71. Open Competition

15
72. SC
73. Economically Weaker Sections
74. Backward Class(Group-B)
75. ST
76. Open Competition
77. SC
78. Open Competition
79. Backward Class(Group-A)
80. Open Competition
81. Backward Class(Group-B)
82. Economically Weaker Sections
83. ST
84. Open Competition
85. Backward Class(Group-B)
86 Open Competition
87. SC
88. Economically Weaker Sections
89. Backward Class(Group-D)
90. Open Competition
91. SC
92. Open Competition
93. Backward Class(Group-D)
94. Backward Class(Group-E)
95. Backward Class(Group-B)
96. Economically Weaker Sections
97. SC
98. Open Competition
99. Backward Class(Group-B)
100. Open Competition

(iv) For the proviso to Clause (e) under the table, the following shall be
substituted, namely:-

“22-B SPECIAL RESERVATION (HORIZONTAL RESERVATION)

Operational Guidelines:

(1) Explanation of Horizontal Reservation: Not withstanding anything


contained in these rules or special rules or adhoc Rules:-

(i) The difference between the nature of vertical reservation and


horizontal reservation is explained hereunder.

16
(ii) Social reservations in favour of SC, ST and OBC under Article
16(4) of the Constitution of India are 'vertical reservations'.
Special reservations in favour of physically handicapped,
women etc., under Articles 16(1) or 15(3) are 'horizontal
reservations'. Where a vertical reservation is made in favour of a
backward class under Article 16(4), the candidates belonging to
such backward class, may compete for non- reserved posts and
if they are appointed to the non-reserved posts on their own
merit, their numbers will not be counted against the quota
reserved for the respective backward class.

(iii) Therefore, if the number of SC candidates, who by their own


merit, get selected to open competition vacancies, equals or even
exceeds the percentage of posts reserved for SC candidates, it
cannot be said the reservation quota for SCs has been filled. The
entire reservation quota will be intact and available in addition
to those selected under Open Competition category. But the
aforesaid principle applicable to vertical (social) reservations,
will not apply to horizontal (special) reservations.

(iv) Where a special reservation for women is provided within the


social reservation for Scheduled Castes, the proper procedure is
first to fill up the quota for scheduled castes in order of merit
and then find out the number of candidates among them who
belong to the special reservation group of 'Scheduled Castes-
Women'. If the number of women in such list is equal to or more
than the number of special reservation quota, then there is no
need for further selection towards the special reservation quota.

(v) Only if there is any shortfall, the requisite number of scheduled


caste women shall have to be taken by deleting the
corresponding number of candidates from the bottom of the list
relating to Scheduled Castes. To this extent, horizontal (special)
reservation differs from vertical (social) reservation. Thus
women selected on merit within the vertical reservation quota
will be counted against the horizontal reservation for women.

Illustration:

(vi) If 15 posts are reserved for SCs (of which the quota for women is
five), 15 SC candidates shall have to be first listed in accordance
with merit, from out of the successful eligible candidates. If such
list of 15 candidates contains five SC women candidates, then
there is no need to disturb the list by including any further SC
women candidate. On the other hand, if the list of 15 SC
candidates contains only three woman candidates, then the next

17
two SC woman 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 15 selected SC candidates contain
five women SC candidates.

(But if the list of 15 SC candidates contains more than five


women candidates, selected on own merit, all of them will
continue in the list and there is no question of deleting the
excess women candidate on the ground that 'SC-women' have
been selected in excess of the prescribed internal quota of five.).

(2) Sequence to be followed while filling up of the posts:

First step : Open competition quota on merit basis.

Second Step : Vertical (Social) reservations quota which include


SC, ST, BC and EWS.

Third Step : Find out Horizontal (Special) reservations quota


position which includes Women, Persons with
Benchmark Disabilities, Ex- service man and
Meritorious Sports Persons out of the filled in
quota as shown in the first and second step.

(3) Horizontal Reservations for Persons with Benchmark


Disabilities

a) Exemption to Government Departments from reservation to


Persons with Benchmark Disabilities:

(i) When any Department considers that it is not possible to


provide reservation for any category of Persons with Benchmark
Disabilities (PBDs) or that the extent of reservation needs to be
reduced or that the extent of disability needs to be specified
keeping in view.

(ii) The nature of duties to be performed by the employees in that


particular department, the department may seek partial or full
exemption from such reservation. Such exemption shall
however be decided by the inter departmental committee as
shown below:

18
1. Principal Secretary/Secretary to Government,
Department for Women, Children,
Differently Abled and Senior Citizens : Chairperson
2. The Director/Commissioner, Department for
the Welfare of Differently Abled Transgender and
Senior Citizens : Member- Convener

3. Principal Secretary/Secretary to Government,


General Administration(Services) Department : Member
4. The Director, Public & Family Welfare : Member
5. Principal Secretary/Secretary to Government
or his nominee of the department concerned
( who sought exemption) : Member
6. A Person with Benchmark Disability : Member
(to be nominated by the Chairperson)

(iii) All the Departments of Secretariat shall identify the posts for
which the quota for Persons with Benchmark Disabilities shall
be applied and the posts for which exemption is required and
submit appropriate proposals to the Department for Women
Children Differently Abled and Senior Citizens for placing the
matter before the foresaid Inter Departmental Committee.”

(b) Adjustment against Unreserved vacancies:

(i) In the Category of Posts which are identified suitable for person
with benchmark disabilities, a person with benchmark disability
cannot be denied the right to compete for appointment by direct
recruitment against an Unreserved vacancy. Thus a person with
a benchmark disability can be appointed by direct recruitment
vacancy not specifically reserved for the PBDs provided the post
is identified suitable for PBDs of the relevant category.

(ii) Person with benchmark disabilities selected without relaxed


standards along with other candidates shall not be adjusted
against the reserved share of vacancies. The reserved vacancies
will be filled up separately from amongst the eligible candidates
with benchmark disabilities which will thus comprise of
candidates with benchmark disabilities who are lower in the
merit than the last candidate in merit list but otherwise found
suitable for appointment, if necessary by relaxed standards.

( c) Reservation register for Persons with Benchmark Disabilities:


(i) Every Administrative Department shall maintain post-wise a
separate 100 point vacancy based reservation register in the

19
format given below for determining/effecting reservation for the
Persons with Benchmark Disabilities to be filled by direct
recruitment where cadre strength is more than five (5).

RESERVATION REGISTER FOR PERSONS WITH BENCHMARK DISABILITIES

Year Cycl Poin Nam Identifie Unreserved Name of the Whethe Remark
of e t e of d Or Reserved Person r the s, if
Recruitm No No Post suitable appointed person any
ent for and date appoint
persons of appoint ed is in
with ment a,b,c
Benchma and
rk (d& e)
Disabiliti or None
es
covered
under
the
followin
g
respectiv
e
categorie
s
a b c (d&e
)

Respective categories:

a) Blindness and low vision

b) Deaf and hard hearing

c) Loco motor disability including cerebral palsy, leprosy cured,


dwarfism, acid attack victims and muscular dystrophy

d) Autism, Intellectual disability, Mental illness.

e) Multiple disabilities from amongst persons under clauses (a) to


(d) including deaf-blindness in the posts identified for each
disabilities.

20
In order to provide representation for each category of persons
with Benchmark disabilities, each Register shall have cycles of
100 points and each cycle of 100 points shall be divided into four
Blocks, comprising the following points:

1st Block - Point No. 01 to point No. 25


2nd Block - Point No. 26 to point No. 50
3rd Block - Point No. 51 to point No. 75
4th Block - Point No. 76 to point No.100

ii) As to ensure priority for the persons with benchmark


disabilities, Points 1, 26, 51 and 76 of the cycle shall be
earmarked i.e. one point each for four respective categories of
disabilities. The Head of establishment shall ensure that
vacancies identified at Sl. No. 1, 26, 51 and 76 are earmarked for
the respective categories of the persons with benchmark
disabilities. However, the Head of establishment shall decide
the placement of the selected candidate in the roster register.

iii) All the vacancies arising irrespective of vacancies reserved for


Persons with Benchmark Disabilities shall be entered in the
relevant roster. If the vacancy falling at point No. 1 is not
identified for the Person with Benchmark Disability or the Head
of the Department considers it desirable not to fill it up by
Persons with Benchmark Disabilities or it is not possible to fill
up that post by the Persons with Benchmark Disabilities for any
other reason, one of the vacancies falling at any of the points
from 2 to 25 shall be treated as reserved for the person with
benchmark disability and filled as such.

iv) Likewise, a vacancy falling at any of the points from 26 to 50 or


from 51 to 75 or from 76 to 100 shall have to be filled by the
Persons with Benchmark Disabilities. The purpose of keeping
points 1, 26, 51 and 76 as reserved is to fill up the first available
suitable vacancy.

v) There is a possibility that none of the vacancies from 1 to 25 is


suitable for any category of the person with benchmark
disability. In that case, two vacancies from 26 to 50 shall be filled
as reserved for persons with benchmark disabilities. If the
vacancies from 26 to 50 are also not suitable for any category,
three vacancies shall be filled as reserved from the third block
containing points from 51 to 75. This means that if no vacancy
can be reserved in a particular block, it shall be carried over into
the next block.

21
vi) After all the 100 points of the roster covered, a fresh cycle of 100
points shall start.

(d) Operation of cycles for Persons with Benchmark Disabilities:

i) While filling up of the posts to extent of four percent (4%)


reservation to the Persons with Benchmark Disabilities the
procedure indicated hereunder shall be followed.

ii) If first point is not filled up with Person with Benchmark


Disability, further vacancy falling at any of the points from 2 to
25 shall have to be filled by the Person with Benchmark
Disability. The purpose of keeping points 1, 26, 51 and 76 as
reserved is to fill up the first available suitable vacancy for
Persons with Benchmark Disabilities. Likewise, a vacancy falling
at any of the points from 26 to 50 or from 51 to 75 or from 76
to 100 shall have to be filled by the Persons with Benchmark
Disabilities.

iii) In the second cycle and third cycle also, the procedure indicated
in the paragraph above shall be followed for filling up of the five
categories of disabilities reserved for Persons with Benchmark
Disabilities. After completion of three cycles (300 points), the
department/competent authority shall ensure that the Women
are represented to the extent of 33 1/3% in the direct
recruitments.

iv) Where in any recruitment year any vacancy cannot be filled up


due to non-availability of a suitable person with benchmark
disability or for any other sufficient reasons, such vacancy shall
be carried forward in the succeeding recruitment year and if in
the succeeding recruitment year also suitable person with
benchmark disability is not available, it may first be filled by
interchange among the five categories and only when there is
no person with disability available for the post in that year, the
Departments shall fill up the vacancy by appointment of a
person, other than a person with disability.

v) Carry forward vacancies: There is a possibility that none of the


vacancies from 1 to 25 is suitable for any category of the person
with benchmark disability. In that case, two vacancies from 26
to 50 shall be filled as reserved for persons with benchmark
disabilities. If the vacancies from 26 to 50 are also not suitable
for any category, three vacancies shall be filled as reserved
from the third block containing points from 51 to 75. This means

22
that if no vacancy can be reserved in a particular block, it shall
be carried over into the next block.

( e) Procedure to be followed while filling the vacancies:

(i) Horizontal Reservation cuts across vertical reservation (in what


is called inter-locking reservation) and Persons selected against
the quota for persons with benchmark Disabilities have to be
placed in the appropriate category viz.
SC/ST/BC/EWS/Unreserved depending upon the category to
which they belong in the roster meant for reservation of
SCs/STs/BCs/EWSs.

(ii) To illustrate, if in a given year there are two vacancies reserved


for the persons with benchmark Disabilities and out of two
persons with benchmark disabilities appointed, one belongs to a
Scheduled caste and the other belongs to unreserved category,
then the SC candidate with benchmark disability shall be
adjusted against the SC point in the reservation roster and the
unreserved candidate with benchmark disability against
unreserved point in the relevant reservation roster.

(iii) In case none of the vacancies falls on point reserved for the SCs,
the candidate under the benchmark disability belonging to SC
shall be adjusted in future against the next available vacancy
reserved for SCs.

(iv) Since the persons with benchmark disabilities have to be placed


in the appropriate category viz. SC/ST/BC/EWS/ Unreserved
in the roster meant for reservation of SCs/STs/BCs/EWS, the
application form for the post should require the candidates
applying under the quota reserved for persons with benchmark
disabilities to indicate whether they belong to SC/ST/BC/EWS
or Unreserved. Thus, reservation for the PBDs is Horizontal.

(v) In terms of Section 20(3) of the Rights of Persons with Disabilities


Act, 2016, no promotion shall be denied to a person merely on
the ground of disability. Further, in terms of Section 20(4) of the
Act, no Government establishment shall dispense with or reduce
in rank an employee who acquires a disability during his/her
service. As per the proviso to this sub-section, if an employee,
after acquiring disability is not suitable for the post he was
holding, shall be shifted to some other post with the same pay
scale and service benefits. This section further provides that if it
is not possible to adjust the employee against any post, he may

23
be kept on a supernumerary post until a suitable post is
available or he attains the age of superannuation, whichever is
earlier.

(vi) However, in case the PBDs for whom the supernumerary post
was created is eligible for next promotion to higher pay level,
and it is not possible to adjust the employee against any post, a
fresh creation of supernumerary post in next higher level will be
required by surrendering the previously created supernumerary
post at the lower level, and the proposal for the same shall be
submitted to the Finance Department. For creation of any
supernumerary post in this regard, the administrative
department in Andhra Pradesh Secretariat shall submit proposal
to Finance Department.

(vii) An employee who acquires disability, after entering into


service, will be entitled to get the benefit of reservation in
promotion as a PBD. However, his seniority among PBDs will be
counted from the date of certification of his/her disability, i.e.,
disability of 40% or more in the categories covered under Section
34(1) of the Rights of Persons with Disabilities Act, 2016. No
benefit of reservation shall be given on the basis of temporary
certificate of disability.

( f) Reservation in posts identified for one or two categories:

If in a Department/Organization, a post is identified suitable


only for one category of disability, reservation in promotion in
that post shall be given to persons with that category of
benchmark disability only. However, reservation of 4% for PBDs
shall not be reduced in such cases and total reservation in the
cadre will be given to PBDs for which it has been identified.

(g) Adjustment of PBD candidates who are in the zone of


consideration against general vacancy:

(i) If a PBD is otherwise eligible and is in the list of candidates


finally approved for promotion, he/she may be promoted
against the vacancy not specifically reserved for PBD. In other
words, a PBD cannot be denied promotion on the ground that
the vacancy is not earmarked for his category.

(ii) In the case of promotion by selection, PBDs selected without


relaxed standards, along with other candidates, will not be
adjusted against the reserved share of vacancies. The reserved
vacancies will be filled up separately from amongst the eligible

24
candidates with benchmark disabilities who are lower in merit
than the last candidate in merit list but, otherwise found suitable
for appointment, if necessary, by relaxed standards.

( h) Relaxation of standard of suitability:

(i) If sufficient number of PBD candidates with benchmark


disabilities are not available on the basis of prescribed standard
to fill all the vacancies (in case of promotion through Limited
Departmental Competitive Examination/ Departmental
Examination, etc.) reserved for them, candidates belonging to
this category may be selected on relaxed standard to fill up the
remaining vacancies reserved for them, provided they are not
found unfit for such post or posts. However, this provision shall
not be used to allow any relaxation in the eligibility criteria laid
down for the issuance of certificate of benchmark disability.

(ii) The same relaxed standard should be applied for all the PBD
candidates with benchmark disabilities, irrespective of whether
they belong to the Unreserved/SC/ST/BC/EWS category. No
further relaxation of standards will be considered or admissible
in favour of any candidate from any category whatsoever.

(i) General guidelines for all administrative departments.

i) The Administrative Departments and the Competent Authorities


shall take up the exercise of adequacy of representation for
Women, Persons with Benchmark Disabilities, Ex-Servicemen
and Meritorious Sports Persons in every cycle of 100 points as
per the respective percentage provided to the categories.

ii) Then if the quota is already filled up in earlier recruitment, then


the equal number of vacancies reserved for the above categories
shall be deleted for filling up horizontal reservation.

iii) After clearance from Government in Finance Department for


filling up of vacancies in direct recruitment, the Administrative
Departments /Competent Authorities while sending indents to
Andhra Pradesh Public Service Commission (APPSC) or any
other recruiting agency, should clearly mention quota wise,
Roster points where the last recruitment was stopped and Roster
Points for the new recruitment is to be commenced and the
adequacy shall be clearly specified.

25
iv) Reservation registers / Roster registers are only an aid to ensure
that Scheduled Castes, Scheduled Tribes and Other Backward
Classes get quota reserved for them in direct recruitment.

v) Reservation registers / Roster registers are only an aid to ensure


that Scheduled Castes, Scheduled Tribes, Persons with
Benchmark Disabilities (PBD) and Women in SC, ST and PBD
get quota in promotions.

( 4) Horizontal reservation for Ex-servicemen:

i) Two percent (2%) reservation shall be provided to Ex-servicemen


in Direct recruitment. Out of two percent (2%), one percent of
posts shall be given to women and if no women Ex-servicemen
candidate is available, two percent (2%) of reservation shall be
filled up with men.

ii) However, wherever Special or Adhoc Rules provide no


reservation for Ex-servicemen, or if a qualified and suitable
candidate is not available from Ex-servicemen, two percent (2%)
or shortage for two percent (2%) of the posts stand lapse.

iii) Since the Ex-Servicemen have to be placed in the appropriate


category viz., SC/ST/BC/General/EWS in the roster meant for
reservation of SCs/STs/BCs/EWS, in the application form for
the post, the candidates applying under the quota reserved for
Ex-Servicemen shall indicate whether he/she belongs to
SC/ST/BC/EWS/General category.

iv) Roster Points shall not be assigned for the Horizontal


reservations for Ex-Servicemen.
v) If no eligible Ex-servicemen is available, then the 2% or any
shortfall of 2% of posts stand lapse.

vi) After completion of three cycles of hundred points each, the


department shall ensure that the Women candidates are
represented to the extent of 33 1/3% in the direct recruitments
for the category of Ex-servicemen.

( 5) Horizontal reservation for Meritorious Sports persons:

26
i) Two percent (2%) reservation shall be provided to Meritorious
Sportspersons horizontally in direct recruitment.

ii) A Meritorious Sportsperson appointed under Sports- Quota


should be adjusted in the recruitment/reservation Roster against
the category viz. SC/ST/ BC/General/EWS to which he/she
belongs

Example: A Sportsperson from SC category will be counted


against the SC reservation point, if he belongs to ST/BC, he will
be counted against ST/BC point, and if he belongs to General
category/EWS, he will be shown against the General
category/EWS vacancy point in the reservation roster.
iii) In the event of non-availability of eligible meritorious
sportspersons, two percent (2%) reservation of posts for them
stand lapse.

iv) Roster Points shall not be assigned for Horizontal reservations


for Meritorious Sportspersons.

v) After completion of three cycles of hundred points each, the


department shall ensure that the Women are represented to the
extent of 33 1/3% in the Direct recruitments for the category of
Meritorious Sportspersons.

(6) Horizontal reservation in promotion for the categories of


SC/ST and Persons with Benchmark with Disabilities:

i) There is no reservation in promotion for the categories of


Backward Classes, Ex-Servicemen, Meritorious Sportspersons
and Economically Weaker Sections (EWS).

ii) Reservation is provided in promotion for the categories of SC/


ST and Persons with Benchmark Disabilities with
compartmental reservation for women of these categories.

iii) Horizontal Reservation shall be implemented for Women in the


categories of SC/ST and Persons with Benchmark Disabilities in
promotion. The Administrative Departments/Competent
Authorities shall make an exercise and assess the adequacy for
Women candidates in respect of SC, ST and Persons with
Benchmark Disabilities before implementation of Horizontal
reservations to the said categories as follows:-

27
a) The cycle of hundred roster points for promotions to the
categories of SCs, STs and Persons with Benchmark
Disabilities has already been prescribed. In the said Roster,
Points for Women are mentioned in the respective
category. Here the Roster points earmarked for women in
respect of SCs, STs and Persons with Benchmark
Disabilities shall be deleted therein. The Roster points
earmarked for Persons with Benchmark Disabilities for
promotions in existing Roaster shall also be deleted.

b) However, while giving promotions, in a 100 point cycle,


quota for Women of 33 1/3% shall be ensured and filled in
each category of SCs, STs and Persons with Benchmark
Disabilities as in the case of direct recruitment.

c) However there shall not be Roster points earmarked for


women as well as PBDs. Accordingly, the 100 points
Roster fixed for effecting promotions shall be as follows:-

Roster Point Category for Reservation in


No. Promotions
1. Open Competition
2. SC
3. Open Competition
4. Open Competition
5. Open Competition
6. Open Competition
7. SC
8. ST
9. Open Competition
10. Open Competition
11. Open Competition
12. Open Competition
13. Open Competition
14. Open Competition
15. Open Competition
16. SC
17. Open Competition
18. Open Competition
19. Open Competition
20. Open Competition
21 Open Competition
22. SC
23. Open Competition
24. Open Competition
25. ST

28
26. Open Competition
27. SC
28. Open Competition
29. Open Competition
30. Open Competition
31. Open Competition
32. Open Competition
33. ST
34. Open Competition
35. Open Competition
36. Open Competition
37. Open Competition
38. Open Competition
39. Open Competition
40. Open Competition
41. SC
42. Open Competition
43. Open Competition
44. Open Competition
45. Open Competition
46. Open Competition
47. SC
48. Open Competition
49. Open Competition
50. Open Competition
51. Open Competition
52. SC
53. Open Competition
54. Open Competition
55. Open Competition
56. Open Competition
57. Open Competition
58. ST
59. Open Competition
60. Open Competition
61. Open Competition
62. SC
63. Open Competition
64. Open Competition
65. Open Competition
66. SC
67. Open Competition
68. Open Competition
69. Open Competition
70. Open Competition

29
71. Open Competition
72. SC
73. Open Competition
74. Open Competition
75. ST
76. Open Competition
77. SC
78. Open Competition
79. Open Competition
80. Open Competition
81. Open Competition
82. Open Competition
83. ST
84. Open Competition
85. Open Competition
86 Open Competition
87. SC
88. Open Competition
89. Open Competition
90. Open Competition
91. SC
92. Open Competition
93. Open Competition
94. Open Competition
95. Open Competition
96. Open Competition
97. SC
98. Open Competition
99. Open Competition
100. Open Competition

d) If there is any short fall of the candidates of the above


categories, the requisite number of eligible candidates shall
be taken in the order of merit cum seniority irrespective of
zone of consideration.

e) The Departments /competent authorities should maintain a


separate registrar for Women for each category of
Scheduled Castes, Scheduled Tribes and Persons with
Benchmark Disabilities and updated in the event of every
promotion.

(4) In Rule 22-A, after sub rule (4), the following shall be added, namely;

30
(5) Horizontal reservation for women:

i) Roster Points shall not be assigned for Horizontal reservations


for Women.
ii) Horizontal reservation for women is provided within Open
competition and also within social reservations for Scheduled
Castes, Scheduled Tribes, Backward classes in each group and
Economically Weaker Sections (EWSs).
iii) In respect of Persons with Benchmark Disabilities, Ex-servicemen
and Meritorious Sportsperson quota, 33 1/3% of Women shall
be ensured in the span of three cycles of 100 points each.

iv) In the first step Open Competition quota should be filled up on


the basis of merit and thereby in the second step the social
reservation quota which include Scheduled Castes, Scheduled
Tribes, Backward classes and Economically Weaker Sections
(EWS) should be filled up.

v) The third step should be to find out how many Women


candidates are figured in the categories of OC,SC,ST,BC, EWS,
Persons with Benchmark Disabilities, Ex-servicemen and
Meritorious Sportsperson respectively on the merit basis as
mentioned above.

v) Thereafter in respect of women, find out the number of women


candidates among them who belong to the Open Competition. If
the number of women in such list of Open Competition, is equal
to or more than the number of reservation quota i.e., 33 1/3%,
then there is no need for further selection towards the Women
reservation quota in Open Competition.

vi) Only if there is any shortfall of Women candidates in Open


Competition list to the requirement of 33 1/3%, then, the
requisite number of women candidates shall have to be taken
from the women candidates in the order of merit next below the
last women candidate of Open Competition.

vii) An equal number of men candidates shall be deleted from the


bottom of the list relating to Open Competition.

viii) Thus women selected on merit basis within the vertical


reservation quota of SC, ST, BC and EWS shall be counted
against the horizontal reservation for women and the short fall if
found, the requisite no of women candidates shall have to be

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taken in the order of merit on similar exercise as done in respect
of OC quota.”

A copy of this order is available in online and can be accessed at


https://apegazette.cgg.gov.in

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. K. S. JAWAHAR REDDY


CHIEF SECRETARY TO GOVERNMENT

To
The Commissioner, Printing, Stationery and Stores Purchase, A.P., Vijayawada
( for publication of the notification in the Andhra Pradesh Gazette and
supply 300 copies to Government)
The Department for Women, Children, Differently Abled and Senior Citizens
The Home Department
The Youth Advancement, Tourism and Culture (Sports) Department
The Department of Economically Weaker Sections Welfare
The Human Resources (Higher Education) Department
All Departments of Andhra Pradesh Secretariat
All Heads of Departments
The Registrars of all Universities in the State
All the Managing Directors of Public Sector undertakings/Corporations through the
Secretaries of the Administrative Departments in the Secretariat
The Special Government Pleader, Office of Learned Advocate General,
Andhra Pradesh High Court Buildings, Amaravati
The Registrar General, A.P.High Court, Amaravati (with a covering letter)
The Secretary, Andhra Pradesh Public Service Commission, Vijayawada
All District Collectors
All District Judges
All Service Sections in the General Administration Department
The Law Department
The Finance Department
The General Administration (Cabinet) Department
The Administrative Officer, Government Pleaders Office,
A.P.High Court, Amaravati
Copy to:
The P.S. to Special Chief Secretary to Chief Minister
The P.S. to Chief Secretary to Government
The P.S. to Secretary to Government (Services & HRM)
Sf/Sc
//FORWARDED:: BY ORDER//

SECTION OFFICER

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