SC/ST Fee Exemption: Supreme Court, Railways Flout DoPT Guidelines—Dalit Rights Body Raises Alarm

arun Posted On February 9, 2025

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The Supreme Court’s recruitment notice has put the judiciary itself under scrutiny for non-compliance of DoPT guidelines.

Geetha Sunil Pillai

New Delhi- A fresh controversy has erupted over the imposition of application fees on Scheduled Caste (SC) and Scheduled Tribe (ST) candidates by the Supreme Court of India and the Railway Recruitment Board (RRB), despite clear directives from the Department of Personnel and Training (DoPT) exempting such candidates from examination fees. Bahujan intellectuals and legal experts have strongly condemned this move, terming it a blatant violation of government policies meant to provide equitable opportunities to marginalized communities.

Notably, following an investigative report by The Mooknayak titled “Are PSU Recruitments Designed to Exclude SC-ST Candidates? Why Bahujan Communities Are Protesting Against RITES and BHEL” published on February 5, RITES LIMITED (Rail India Technical and Economic Service) has revisited and revised its application fee policy for SC/ST candidates.

RITES Ltd announced that the application fee collected from SC/ST and Persons with Benchmark Disabilities (PwBD) candidates will be refunded to those who appear for the written test or interview. A corrigendum to this effect will be issued shortly.

Recruitment notifications by the RRB and Supreme Court requires SC/ST candidates to pay Rs 250 against application fee.

The Mooknayak Impact: RITES Revises Recruitment Policy, SC/ST Candidates to Get Fee Refund—Corrigenda to Be Issued

Supreme Court’s Recruitment Notice Sparks Outrage

The Supreme Court, in its latest recruitment advertisement (No. F.6/2025-SC (RC), dated February 4, 2025), has invited applications for 241 vacancies for the post of Junior Court Assistant (Group ‘B’ Non-Gazetted). The advertisement states that SC/ST/Ex-Servicemen/Differently Abled/Freedom Fighter candidates are required to pay a non-refundable application fee of Rs. 250/- plus bank charges.

This clause has triggered strong reactions from legal experts and activists who argue that it contradicts the DoPT Office Memorandum No. 36011/3/84-Estt. (SCT), dated July 1, 1985, which clearly exempts SC/ST candidates from any examination fee in government recruitments.

Shubham Kumar, an engineering student from Patna, questioned whether citizens have the right to challenge the Supreme Court on such violations. “Are we even capable of lodging a criminal case against the Supreme Court authorities who are openly violating DoPT guidelines? When the judiciary itself disregards these provisions, what hope do we have?” he asked.

The DoPT order no. 36011/3/84-Estt. (SCT) dated July 1, 1985, clearly states that SC/ST candidates must be exempted from any recruitment examination fee.

Adding to the controversy, the Railway Recruitment Board (RRB) also issued a notification for the recruitment of 11,250 Ticket Collectors with an application fee structure that demands Rs. 250 from SC/ST/PwD candidates.

The recruitment drive, that began in January, has drawn criticism for the same pattern as the Supreme Court, despite clear-cut exemption policies for marginalized groups.

Recruitment notifications by the RRB and Supreme Court requires SC/ST candidates to pay Rs 250 against application fee.

BHEL Under Fire for Charging Fees from SC/ST Candidates, Violating Government Norms

Dalit Lawyers and Activists Condemn the Move

Anand S. Jhondale, Convenor of the Supreme Court Dalit Advocates Association, termed the imposition of application fees on SC/ST candidates as “a direct contravention of the prevailing laws and policies set forth by the Government of India.” He emphasized that the DoPT guidelines unequivocally prohibit charging examination/recruitment fees from SC/ST candidates and that the actions of the Supreme Court and Railways amount to an open disregard for these protective measures.

Nagsen Sonare, President of the Dr Babasaheb Ambedkar National Association of Engineers (BANAE), vowed legal action against institutions failing to comply with government policies. “After RITES agreed to reimburse application fees, we will ensure other non-compliant government offices follow suit. We have issued a notice to the CMD of BHEL, and if they fail to adhere to the guidelines, we will file a case under the SC/ST (Prevention of Atrocities) Act,” he warned.

Legal experts suggest that affected candidates can challenge these recruitment notifications in court. Under the SC/ST (Prevention of Atrocities) Act, 1989, any willful violation of government policies designed to protect SC/ST rights can amount to discrimination. Additionally, Article 14 and Article 16 of the Constitution provide grounds for challenging such discriminatory recruitment practices.

Bahujan intellectuals and activists have long raised concerns over the increasing trend of government agencies and PSUs demanding fees from SC/ST candidates despite clear DoPT instructions. This issue, they argue, reflects a broader attempt to dilute affirmative action measures that were instituted to uplift historically marginalized communities.

The Mooknayak has sent emails to Dr. Jitendra Singh, Minister of State for Personnel, Public Grievances and Pensions and the secretary drawing attention over the ongoing violations of the DoPT guidelines regarding the exemption of examination fees for the reserved category candidates. The news would be further updated after receiving responses from the officials.

The Supreme Court’s recruitment notice has put the judiciary itself under scrutiny for violating DoPT guidelines. As dissent grows, legal challenges seem imminent. The Bahujan community, along with legal associations, is gearing up to hold institutions accountable for such policy violations.

Whether the Supreme Court will reconsider its stance and revoke the fee for SC/ST candidates remains to be seen, but the controversy has certainly sparked a much-needed conversation on the erosion of affirmative action policies in India.

Courtesy : The Mooknayak

Note: This news is originally published in themooknayak.com and was used solely for non-profit/non-commercial purposes exclusively for Human Rights