The Odisha Reservation of Posts and Services (For Socially and Educationally Backward Classes) Act, 2008

Preamble

The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 145 Dated. 07 February, 2009 LAW DEPARTMENT NOTIFICATION The 7th February 2009 No. 2139/I-Legis.8/08 - The following Act of the Odisha Legislative Assembly having been assented to by the Governor on the 3rd February, 2009 is hereby published for general information. ODISHAACT 6 OF 2009 THE ODISHA RESERVATION OF POSTS AND SERVICES (FOR SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES) ACT, 2008 [Recieved the assent of the Governor the 3rd February, 2009, First published in an Extraordinary issue of the Odisha Gazette dated the 7th February, 2009] AN ACTTO PROVIDE FOR RESERVATION OF POSTS AND SERVICES UNDER THE STATE FOR SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Whereas the policy of reservation for the social, economic and educational advancement of the people belonging to the Scheduled Castes and the Scheduled Tribes and for Socially and Educationally Backward Classes for appointments in posts and services under the State have been implemented in the State of Odisha by the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 in case of Scheduled Castes and Scheduled Tribes and by Resolution No.25455/TW dated the 10th September, 1993, as modified from time to time, in case of Backward Class Citizens ; And whereas the Government of Odisha, in the erstwhile Welfare Department in Resolution No.35758-75-94-N dated the 8th December, 1994 had enhanced the percentage Published by Odisha Gazette Extraordinary No. 145, dtd. 07.02.2009 of reservation in Civil posts and services for Socially and Educationally Backward Classes in the initial recruitment from 11.25% to 27% as there are peculiar features in the social, economic and physical infrastructure of Odisha to make out special case in terms of the judgement of the Hon'ble Supreme Court in Indra Sawhney Vrs. Union of India, reported in AIR 1993 SC-477, for providing reservation beyond the limit of 50% in posts and services under the State ; And whereas the Odisha Administrative Tribunal in O.A.No.1737 (C)/98- Harapriya Dash Vrs. State of Odisha considered the extent of reservation made in favour of Socially and Educationally Backward Classes provided in the said Resolution and by a common order dated the 14th December, 1998 declared that reservation cannot exceed 50% and that the said Resolution dated the 8th December, 1994 is contrary to the principles of law decided by the Apex Court in Indra Sawhney case on the ground that by no stretch of imagination, can Odisha be treated as far-flung and remote area and the people of this State out of mainstream of national life ; And whereas the State Government preferred a writ petition against the said order of the Odisha Administrative Tribunal before the High Court of Odisha, which dismissed the writ petition by judgement and order dated the 17th April, 2007 by taking into consideration the judgement of the Hon'ble Supreme Court in case of M. Nagraj and others Vrs. Union of India, reported in 2006 (8) S.C.C. 212 ; And whereas against the judgement, the State Government further preferred a Special Leave Petition before the Supreme Court and the Supreme Court also dismissed the Special Leave Petition ; And whereas clause (4) of article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State ; And whereas the State Government, after careful consideration, have taken a policy decision that the posts and services under the State shall be reserved for the Socially and Educationally Backward Classes to the extent of twenty-seven per centum in initial recruitment. BE it enacted by the Legislature of the State of Odisha in the Fifty-ninth Year of the Republic of India as follows :- Short tit

Sections

Type to filter. 17 sections.

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4. 4Model Roster
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6. 6Relaxation
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