(1) Except as otherwise provided in this Act, the vacancies reserved for the Scheduled Castes and the Scheduled Tribes, shall not be filled up by candidates not belonging to the Scheduled Castes and Scheduled Tribes.
(2) The reservation of vacancies in Posts and Services shall be at such percentage of the total number of vacancies as the State Government may, from time to time, by order determine;
1[Provided that the percentage so determined shall in no case be less than the percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes as the case may be in the total population of the State :
Provided further that there shall be no reservation of vacancies to be filled up by promotion where–
(a) the element of direct recruitment in the grade or cadre in which the vacancies have occurred is more than sixty-six and two third percent;
(b) the vacancies have occurred in Class I posts and are to be filled up by promotion, through limited departmental examination; or
(c) the vacancies have occurred in Class I posts which are above the lowest rung thereof, and are to be filled up on the basis of selection].
Explanation– The expression "population" means the population as ascertained at the last census for which the relevant figures have been published.
NOTES– Legislative intention of Section 4 (2) (b)– Mandate of reservation is in the lower grade from which promotion is made– Hardship to others not a ground for interference against the clear mandate of the legislature 58 (1984) CI.T. 496.
Where the percentage of Scheduled Tribe candidates calculated at 4.54 is to be taken as 559 (1985) CL.T. 214.
Reservation– Not applicable to class I posts, 1990 Lab. I. C. 1716 (Ori.) 1990 (I) I.L.J. (Ori) 358 : 32 (1990) O.J.D. 120 (S&L) O.H.C.
Promotion– Post carrying higher responsibility– Promotion has to be made on basis of merit cum-seniority. 1990 Lab. IC. 1716 (Ori.) 1990 (I) L.L.J,. (Ori.) 358 : 32
(1990) O. J. D. 120 (S&L) OHC.