Promotional Scope From W.B.C.S. To IAS- Indian Administrative Service.

WBCS এর প্রচারমূলক সুযোগ আই.এ.এস. – ভারতীয় প্রশাসনিক পরিষেবা। 

Few Years back, the Central Govt. proposed a system of Promotion from WBCS to IAS. Read this article Promotional Scope From W.B.C.S. To IAS- Indian Administrative Service to know about it.

Q 1. What is the main function of the All India Services (AIS) Branch?
Answer – The main function of the All India Services Branch of the
Commission is to assist the Commission in induction of State Services Officers
into the All India Services through Promotion or by Selection.

Q 2. Does the AIS Branch deal with the regular promotion
cases/disciplinary cases/other service matters of the All India Services?
Answer – No. AIS branch deals only with appointment by promotion of State
Civil Service (SCS)/State Police Service (SPS)/State Forest Service (SFS)
Officers to the Indian Administrative Service (IAS)/Indian Police Service
(IPS)/Indian Forest Service (IFS) respectively and appointment by Selection of
Non-State Civil Services (NSCS) Officers to the IAS.

Q 3. What are the different modes of recruitment to the All India
Services?
Answer – There are two modes of recruitment to the All India Services;
(i) Direct Recruitment: Through the Civil Services Examination for IAS
and IPS and the Indian Forest Service Examination for the IFS. These
Examinations are conducted by UPSC.
(ii) Promotion/Selection: By way of promotion of the SCS/SPS/SFS
officers to the respective All India Service and by way of selection of
Non-State Civil Services (NSCS) Officers to the IAS.

Q 4. What is the quantum of promotion quota?
Answer – The number of persons recruited by way of promotion/selection in
any State or group of States shall not, at any time, exceed 33.33% of the total
cadre strength of the All India Service in that State or group of States.

Q 5. Is there any restriction on the number of Non-State Civil Service
(NSCS) Officers who can be inducted into the IAS in a given year?
Answer – For any State or group of States, the number of persons recruited by
way of selection shall not at any time exceed 15% of the number of persons
recruited against promotion quota which is 33.33% of the cadre strength.
Q 6. What are the Rules and Regulations governing the promotions to the
Indian Administrative Service (IAS), Indian Police Service (IPS) and
Indian Forest Service (IFS)?
Answer – Promotions to the three All India Services viz. IAS, IPS and IFS are
governed under the respective Recruitment Rules viz. Indian Administrative
Service (Recruitment) Rules 1954, Indian Police Service (Recruitment) Rules
1954 and Indian Forest Service (Recruitment) Rules 1966 and the respective
Promotion Regulations viz. IAS (Appointment by Promotion) Regulations 1955,
IPS (Appointment by Promotion) Regulations 1955 and IFS (Appointment by
Promotion) Regulations 1966. The selection of Non-State Civil Service (NSCS)
Officers for appointment to IAS is governed by the IAS (Appointment by
Selection) Regulations 1997. Copies of these Recruitment Rules and
Promotion Regulations are hosted by Government of India, Department of
Personnel & Training (DoP&T) on their Website www.persmin.gov.in.

Q 7. What are the eligibility conditions for consideration for promotion to
All India Services?
Answer – In terms of the provisions of Promotion Regulations, a State
Civil/Police/Forest Service Officer is eligible to be considered for promotion to
IAS/IPS/IFS, provided on 1st January of the year for which the Select List is to
be prepared, if he/she-
(a) is a member of the State Civil/Police/Forest Service, as the case
may be; and
(b) has completed not less than eight years of continuous service
(whether officiating or substantive) in the post of Deputy Collector
or in any other post or posts declared equivalent thereto by the
State Government for IAS/ Deputy SP or in any other post or
posts declared equivalent thereto by the State Government for
IPS/ post(s) included in the State Forest Service for IFS; and
(c) is confirmed in the State Service; and
(d) is within the zone of consideration which is equal to three times
the number of vacancies in the order of seniority; and
(e) has not attained the age of 54 years (The cut-off age has been
increased to 56 years which shall come into effect from the
Select List of 2015, that is for the vacancies which may arise
between 01.01.2015 and 31.12.2015, as per the amendments to
the IAS/IPS/IFS Promotion Regulations dated 17.03.2015 and
the clarification issued vide OM No. 14015/30/2015-AIS-I dated
20.03.2015 by the Department of Personnel & Training,
Government of India).

Q 8. What are the eligibility criteria for consideration for selection of Non-
State Civil Service Officers to the Indian Administrative Services?
Answer – In terms of the provisions of IAS (Appointment by Selection)
Regulations 1997, a Non-State Civil Service Officer is eligible to be considered
for selection to the Indian Administrative Service, provided he/she-
(a) is of outstanding merit and ability; and
(b) holds a Gazetted post in a substantive capacity; and
(c) has completed not less than 8 years of continuous service under
the State Government on the first day of January of the year in
which his/her case is being considered in any post which has
been declared equivalent to the post of Deputy Collector in the
State Civil Service; and
(d) has not attained the age of 54 years on the 1st day of the
January of the year for which the Select List is to be prepared.
(The cut-off age has been increased to 56 years which shall
come into effect from the Select List of 2015, that is for the
vacancies which may arise between 01.01.2015 and 31.12.2015,
as per the amendments to the IAS Selection Regulations dated 17.03.2015 and the clarification dated 20.03.2015 issued thereto
by the DoP&T, Government of India).

Q 9. What is the crucial date for reckoning the eligibility of Officers for
the vacancies of a particular year?
Answer – The crucial date for reckoning the eligibility of Officers for inclusion
in the zone of consideration is to be taken as the 01st January of the year in
which the promotion quota vacancies arise.

Q 10. What is the notional date for reckoning the availability of the
eligible Officers?
Answer – The notional date for reckoning the availability of eligible Officers in
the State Services for consideration for promotion is to be taken as 31st
December of the vacancy year.
Q 11. Who are the Cadre Controlling Authorities for the IAS/IPS/IFS?
Answer – The Central Government is the Cadre Controlling Authority for the
three All India Services. In terms of the provisions of the respective
IAS/IPS/IFS Promotion Regulations, the Central Government means Ministry
of Personnel, Public Grievances & Pensions, Department of Personnel &

Training for IAS, Ministry of Home Affairs for IPS and Ministry of Environment,
Forests & Climate Change for IFS. The vacancies to be filled under the
Promotion Quota for each year are determined by the Central Government in
consultation with the respective State Government and the final appointments
are also made by the Central Government.

Q 12: Who does play the role of State Government for Union Territories
(UT)?
Answer – For promotions to UT segment of Joint AGMUT Cadre the State
Government means Ministry of Home Affairs for IAS and IPS and the Ministry
of Environment, Forests & Climate Change for IFS.
Q 13. What is the role of the UPSC in promotion/selection to the All India
Services?
Answer – Once the vacancies for promotion/selection to the All India Services
have been determined by the respective Cadre Controlling Authorities in
consultation with the State Governments concerned, the State Government
forwards the proposal for promotion/selection for the relevant year(s) to the
Commission through the Single Window System.
Thereafter, the proposal is examined by the Commission in detail and
deficiencies, if any, are communicated to the State Government concerned for
rectification of such deficiencies. After the proposal is complete in all respects,
the meeting of the Selection Committee is convened by the Commission for
preparation of a list of Officers as are suitable for promotion/selection. Upon
receipt of the observations of the State Government and the Central
Government on the recommendations of the Selection Committee, as required
under relevant Regulations of respective Promotion/Selection Regulations, the
recommendations of the Selection Committee are placed before the
Commission for approval. The list as finally approved by the Commission
forms the Select List of the members of the State Service Officers.
Appointments to the All India Services are then made by the respective Cadre
Controlling Authorities.
Q 14. What are the documents required to be sent by the State
Government while sending proposals to the Commission for convening
the Selection Committee Meetings?
Answer – a) Latest Seniority List duly notified.
b) Eligibility List(s) of Officers to be considered.
c) Integrity Certificate duly signed by the Chief Secretary.
d) Statement of Disciplinary/Criminal proceedings pending against
the Officers with date of issue of charge sheet/filing in the Court
of law.
e) Statement of adverse remarks in the ACRs – which are yet to be
communicated; ACRs communicated but the time limit to
represent is not yet over; a representation against the adverse
remarks is submitted but decision of the State Government is
pending.
f) Statement of penalties imposed during the last 10 years with brief
particulars, date of penalty and the currency period of penalty.
g) Statement of Court cases having a bearing on the preparation of
the Select List.
h) Complete ACR dossiers containing original ACRs with ‘Non
Recording Certificates’ indicating valid reasons for missing
ACRs.
i) A statement of available ACRs with reasons for missing ACRs.
Q 15. When can a meeting of the Selection Committee for a particular
year be convened for promotion to IAS/IPS/IFS?
Answer – A meeting of the Selection Committee for the vacancies of a
particular year can be convened at any time after the vacancies have been
determined by the Central Government, provided a proposal, complete in all
respects, is furnished by the State Government concerned to the Commission.
However, Commission advises the State Governments from time to time, to
complete this exercise as early as possible during the year.

Q 16. What is the composition of the Selection Committee?
Answer – Composition of the Selection Committee is specified in the Schedule
of the Promotion Regulations which are available on Website of Government of
India, Department of Personnel & Training (DoP&T) viz. www.persmin.gov.in.
The absence of a Member, other than the Hon’ble Chairman or Hon’ble
Member of the Commission, shall not invalidate the proceedings of the
Committee if more than half of the members of the Committee have attended
the Meeting.

Q 17. What is a Select List?
Answer – The list of the Officers recommended for induction into the All India
Services for a particular year vacancy by the Selection Committee forms the
Select List for that year after it is finally approved by the Commission in terms
of the relevant provisions of the Promotion/Selection Regulations. The number
of officers in the Select List cannot exceed the number of vacancies notified for
that year by the Cadre Controlling Authority concerned.
Q 18. Whether year-wise Select Lists can be prepared if the Selection
Committee does not meet for a year?
Answer – Yes, in case, the Selection Committee Meeting could not be held by
31st December of the previous year(s), year-wise Select Lists can be prepared
as and when the Selection Committee meets again, in terms of proviso to
Regulation 5(1) of the Promotion Regulations.

Q 19. What is the validity period of the Select List?
Answer – In terms of Regulation 7(4), the validity period of the Select List is up
to 31st December of the year in which the Selection Committee Meeting is held
or 60 days after the Select List is approved by the Commission, whichever is
later.
Q 20. An Officer has retired from the service/expired. Can he/she still be
considered for inclusion in the Select List?
Answer – Yes. If an Officer was eligible for the Select List of a particular year
and also available for consideration on the 31st December of that year, he/she
will be considered for inclusion in the Select List for that year even if he/she
has retired from the service / expired in the meanwhile. For example, if an
officer who was eligible for the Select List of 2010, retired/expired in, say, 2012
and the Selection Committee Meeting was conducted in 2013, this Officer
would be considered for the Select List of 2010 as he was available for
consideration on 31st December of the vacancy year, which is 2010.

Q 21. Is there any provision to give extended Panel in lieu of officers
included in the Select List who are retired or not available for
appointment by promotion?
Answer – No.

Q 22. Can an Officer whose representation for expunction of adverse
remarks from his ACRs is pending with State Government be included in
the Select List?
Answer – Yes, if he is otherwise found suitable by the Selection Committee by
ignoring such adverse remarks. However, his inclusion will be provisional
subject to expunction of such adverse remarks in terms of proviso to
Regulation 5(5).
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Q 23. Can the Officers against whom disciplinary proceedings/ criminal
proceedings are pending, be included in the Select List? What will be the
position if they are subsequently exonerated? Will ‘Sealed Cover
Procedure’ be followed in their cases?
Answer – Yes, they can be included provisionally if otherwise found suitable.
However, in the event of their exoneration or if the conditions leading to their
provisional inclusion no longer subsist, their names can be made unconditional
by the Commission in the Select List provided a proposal is received from the
State Government within the validity period of the Select List. There is no
‘Sealed Cover Procedure’ in promotions to the All India Services.
Q 24. Whether an eligible Officer whose Integrity Certificate has been
withheld by the State Government can be included in the Select List
(other than Non-SCS category)?
Answer – Yes, the name of the Officer, whose Integrity Certificate has been
withheld by the State Government may be included in the Select List by the
Selection Committee provisionally, subject to grant of Integrity Certificate, if
the Selection Committee finds the Officer otherwise suitable for promotion on
the basis of an overall assessment of his/her ACRs.

Q 25. Whether an Officer whose integrity certificate is withheld by the
State Government or against whom disciplinary/ criminal proceedings
are pending is eligible to be considered for selection to IAS (Non-SCS)?
Answer – No.
Q 26. When can a disciplinary/criminal proceedings be treated as
pending against an Officer?
Answer – A disciplinary/ criminal proceedings shall be treated as pending only
if a charge sheet has been issued to the Officer or filed in a Court as the case
may be.

Q 27. What is meant by the categorization of Officers by the Selection
Committee Meeting?
Answer – In accordance with Regulation 5(4) of the Promotion Regulations,
the Selection Committee shall classify/categorize the eligible Officers as
‘Outstanding’, ‘Very Good’, ‘Good’ and ‘Unfit’ as the case may be on an
overall relative assessment of their service records.

Q 28. Is there any ‘bench mark’ grading, like in DPCs, in the preparation
of the Select List?
Answer – No. There is no concept of ‘bench mark’ or assessment as ‘fit/unfit’
in the preparation of Select List by the Selection committee. The Select List is
prepared by including the required number of names first from amongst the
Officers finally classified as ‘Outstanding’ then from amongst those similarly
classified as ‘Very Good’ and thereafter from amongst those similarly
classified as ‘Good’ and the order of names, inter-se, within each category are
in the order of their seniority in the State Service.

Q 29. What records are assessed by the Selection Committee?
Answer – The Selection Committee makes an assessment of the ACRs (and
other service records) of the eligible Officers furnished by the State
Government with special reference to the performance of the Officer during the
last five years including the vacancy year.

Q 30. In case of unavailability of ACR of a year within the matrix of five
preceding years, how is the assessment done by the Selection
Committee?
Answer – As the overall assessment of the Officer cannot be withheld because
of non-availability of ACRs, the Selection Committee makes the categorization
on the basis of available ACRs. Thus, where one or more ACRs of an Officer
have not been written for a year or more on account of his/her being on leave,
training or because no officer supervised his/her work for more than three
months or for any other valid reason during the relevant period, the Selection
Committee consider the ACRs of the years preceding the period of five years.
Q 31. How are the assessments made by the Selection Committee?

Answer – Selection Committee is independent to make its own assessments.
The Hon’ble Supreme Court have also upheld this power of the Selection
Committee vide their judgments in UPSC Vs H.L. Dev and Others [1988 SC
1069] and UPSC Vs K. Rajaiah and Others [2005 10 SCC 15]. The detailed
internal guidelines, framed by the Commission in this regard, are hosted on the
website of UPSC at www.upsc.gov.in.

Q 32. An Officer has been graded differently by his Reporting Authority
and Reviewing/Accepting Authority. Will the Selection Committee take
the lower grade for assessment?
Answer – No. The Selection Committee make their own assessment while
assessing an Officer’s ACR. If the Reviewing Authority or the Accepting
Authority, as the case may be, has differed from the assessment made by the
Reporting Officer or the Reviewing Authority, as the case may be, the remarks
of the latter authority are taken as the final remarks for the purpose of
assessment provided it is apparent from the relevant entries that the higher
authority has come to a different assessment consciously after due application
of mind.

Q 33. Can the Selection Committee differ with the overall grading
indicated in the ACRs?
Answer – Yes, the Selection Committee is a high powered statutorily
constituted Committee and is vested with the power to make an independent
assessment of the service records and ACRs of the Officers. The grading
awarded by the Committee is based on the attributes indicated in various
columns of the ACRs and at times may be at variance with the overall grading
recorded in the ACR by the Reporting Officer/Reviewing Officer/Accepting
Officer. The Hon’ble Supreme Court in their judgment in the case of K. Rajaiah
[2005 10 SCC 15], have also held that the Selection Committee is not bound
by the overall grading recorded in the ACRs.
Q 34. Does the Selection Committee follow the DPC guidelines issued by
the Government of India, DOP&T?
Answer – No. The Selection Committee makes the assessments in terms of
the provisions of the Promotion Regulations as per the guidelines of the
Commission. The Hon’ble Supreme Court in their judgment dated 13.12.2007
in Civil Appeal No. 5883-5891 of 2007 filed by Shri M.V. Thimmaiah & Ors. Vs.
Union Public Service Commission & Others have upheld the guidelines of the
Commission for making the assessment of service records by the Selection
Committees constituted under the Promotion Regulations. The Court have
observed as under:

“Therefore, in view of the catena of cases, courts normally do not sit in
the court of appeal to assess the ACRs and much less the Tribunal can
be given this power to constitute an independent Selection Committee
over the statutory Selection Committee. The guidelines have already
been given by the Commission as to how the ACRs to be assessed and
how the marking has to be made. These guidelines take care of proper
scrutiny and not only by the Selection Committee but also the view of
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the State Government are obtained and ultimately the Commission after
scrutiny prepare the final list which is sent to the Central Government for
appointment”.
Q 35. How is the case of a provisionally included Officer considered
while preparing year-wise Select Lists for more than one year?
Answer – While preparing year-wise Select Lists for more than one year
pursuant to the 2nd proviso to Sub-Regulation (1) of the Promotion
Regulations, the officer included provisionally in any of the Select List so
prepared, shall be considered for inclusion in the Select List of subsequent
year in addition to the normal consideration zone and in case he is found fit for
inclusion in that Select List also on a provisional basis, such inclusion shall be
in addition to the normal size of the Select List determined by the Central
Government for such year.
Q 36. Can an Officer be assessed as ‘unfit’ on the basis of a
disciplinary/criminal proceedings pending against him?

Answer – No. An Officer can be declared ‘unfit’ only if the Officer has been
imposed with a penalty which renders him unfit on overall assessment and not
merely on basis of a disciplinary/ criminal proceedings pending against him.
However, in case of disciplinary/criminal proceedings being pending against an
Officer, he/she is to be included in Select List provisionally, if otherwise found
fit, subject to clearance in the disciplinary/criminal proceedings.
Q 37. What is the date from which the currency of a penalty is taken?
Answer – The currency of penalty is taken from the date on which it is
imposed to the date it ceases to be in force.
Q38. Will the penalty render an Officer ‘unfit’ for inclusion in a Select List
if the offence was committed prior to the Assessment Matrix of five
preceding years but currency of penalty flows into the Assessment
Matrix?
Answer – Yes. Suppose, an offence was committed by an Officer in the year
2000 but the penalty was imposed in 2008 and he/she was included in the
zone of consideration for the Select List of 2010, he/she would be rendered
‘unfit’ as the currency of the penalty flows into the Assessment Matrix which
spans from 2005-06 to 2009-10.

Q 39. Suppose the Selection Committee Meeting for preparation of yearwise
Select Lists of 2012 & 2013 was held in June 2014 and a penalty was
imposed on one of the eligible Officers in, say, March 2014. Will the
Officer be rendered ‘unfit’ for inclusion in the Select Lists?
Answer – Yes. If the currency of the penalty flows into the SCM year, which is
2014 in this case, the Officer would be graded as ‘Unfit’ in the overall
assessment for all the Select Lists being prepared.
Q 40. How is the penalty of ‘Censure’ treated while making assessments?
Answer – The Selection Committee, while preparing the Select List(s), may
take into account the effect of ‘Censure’ as under:
(a) If the date of imposition of the ‘Censure’ falls within any of the years in the
Assessment Matrix, the Committee would categorize the Officer as ‘Unfit’ for
the year in which it is imposed for the first Select List prepared in which he is
eligible to be considered.
(b) If the date of imposition of the ‘Censure’ is subsequent to the last year in
the Assessment Matrix, and upto the date of the Selection Committee meeting
(SCM), the Committee would categorize the Officer as ‘Unfit’ in the overall
assessment for the first Select List prepared in which he is eligible to be
considered.
(c) The penalty of ‘Censure’ would be ignored for the subsequent Select Lists
for which the Officer may be eligible to be considered.

Q 41. Is there any supersession in the promotion to the All India
Services?
Answer – Yes. In terms of provisions of Regulation 5(4) and 5(5) {5(3AA) and
5(4) for IFS} of Promotion Regulations, the selection for promotion to the All
India Services is on the basis of merit.
Q 42. For selection of Non-SCS Officers for appointment to IAS, what is
the weightage of ACRs and interview?
Answer – It is 50:50. However, a minimum of 50% marks in each segment
would be required to qualify for inclusion in the Select List.
Q 43. Is there a provision for preparation of year-wise Select Lists in
respect of appointment by selection of Non-SCS Officers?
Answer – No. The process of selection of Non-SCS Officers terminates at the
end of the calendar year succeeding the vacancy year. If the Selection
Committee Meeting could not be held by the end of that calendar year, the
vacancy ceases to exist for Non-SCS Officers and, thereafter, for that
particular year, no Meeting is possible.

Q 44. Is there any reservation for Scheduled Caste(SC)/Scheduled Tribe
(ST)/Other Backward Classes (OBC)/ Physically Handicapped (PH)
categories in the appointment by promotion/selection to the All India
Services?
Answer – No. There is no provision for reservation for any category of persons
in the Promotion/Selection Regulations which govern the
promotions/selections to the All India Services.
Q 45. Can minutes of the Selection Committee Meeting be disclosed
under RTI Act?
Answer – Yes, the minutes of the Selection Committee Meeting can be
disclosed under the Right to Information Act, 2005.

Q46. Can the year-wise assessment sheet be disclosed under RTI Act?
Answer – No. The year-wise assessment sheet cannot be disclosed.
However, in pursuance of the Interim Order passed by the Hon’ble Delhi High
Court in the case of UPSC Vs Madhu Khare, the Commission has decided
that the year-wise assessment of the individual concerned only can be
revealed to him/her if specifically asked for under the Right to Information Act,
2005.

Q 47. Is there provision for review of the Select Lists already approved
and acted upon subsequently due to change of seniority in the State
Service, change of records viz. expunction of adverse remarks,
exoneration from disciplinary/criminal proceedings, setting aside of
penalties etc.?
Answer – No. There is no provision in the Promotion Regulations for review of
Select Lists for promotion to the All India Services for any reason whatsoever.
A Select List can be reviewed only on specific directions of the Court.
Q 48. Can any Officer who has expressed his/her unwillingness to be
appointed to the All India Services be included in a Select List?
Answer – If any Officer has been included for the first time in the zone of
consideration, he/she shall be considered for inclusion in the Select List.
However, the Committee shall not consider the case of such member of the
State Civil Service who had been included in an earlier Select List and had
expressed his/her unwillingness for appointment to the All India Service.
However, he/she shall be considered for inclusion in the subsequent
Select List, if before the commencement of the year, he/she applies in writing,
to the State Government expressing his/her willingness to be considered for
appointment to the Service.

Q 49. What is the procedure for declaring an Officer included
provisionally in the Select List as ‘unconditional’?
Answer – The State Government has to forward a specific proposal to
declare provisionally included Officer in the Select List as ‘Unconditional’, to
the Commission during the period when the Select List is in force. The
Commission shall decide the matter within a period of forty-five days or before
the date of meeting of the next Selection Committee, whichever is earlier and if
the Commission declares the inclusion of the provisionally included Officer in
the Select List as unconditional and final, the appointment of the concerned
Officer shall be considered by the Central Government.
Q 50. Can the Commission make any changes in the Select List after
receiving comments from the State Government?
Answer – If the Commission considers it necessary to make any changes in
the list received from the State Government, the Commission shall inform the
State Government and the Central Government of the changes proposed and
after taking into account the comments, if any, of the State Government and
the Central Government, may approve the list finally with such modifications, if
any, as may, in its opinion, be just and proper.

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