3. What is the procedure for examination of requests for Inclusion or otherwise in the Central Lists of OBCs?
Under sub-section (2) of Section 8 of the National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993), the National Commission prescribes the following procedure for examination of requests for Inclusion in the lists and hearing of complaints of Over-Inclusion or Under-Inclusion in such lists :
- Examination of requests and hearing of complaints under Section 9(1) of the National Commission for Backward Classes Act (hereinafter referred to as the Act) shall generally be done by a Bench of 2 Members.
- All cases of requests and complaints pertaining to a State or U.T. shall stand referred to the Bench indicated against that State/U.T.
- The Chairperson may, if he so desires, associate with any of the Benches in addition to his Benches.
- Whenever exigencies of work require, the Commission may create additional Benches for any State or U.T.
- The Bench will place its findings in each case before the Commission.
- In case of difference of opinion between the two Members of a Bench, each Member of the Bench may place his findings in each case before the Commission.
- In case of difference of opinion between the 2 Members of a Bench or under any other circumstances deemed necessary by the Commission, the Commission may expand a Bench by adding a third Member to it and the Members of this expanded Bench may place their findings jointly or separately to the Commission
- The Commission will consider the findings of each Bench and formulate its advice to the Central Government.
- The advice may be formulated unanimously or by consensus or by majority.
- Where any Member differs from the majority he may formulate his dissenting advice.
- Where necessary, the Commission may request any Bench to examine any further aspects and review its findings in that light, and thereafter again furnish its findings for the Commission’s consideration.
4. The Commission will furnish its advice to the Government along with the dissenting advice, if any.