No.36035/02/2017-Estt (Res)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
DEPARTMENT OF PERSONNEL & TRAINING
North Block, New Delhi
Dated the 15th January, 2018
OFFICE MEMORANDUM
Subject:
Reservation for the Persons with Benchmark Disabilities - reg.
With
enactment of THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016' from
19th April, 2017 and notification of THE RIGHTS OF PERSONS
WITH DISABILITIES RULES, 2017' on 15th June, 2017, the following
instructions are issued in line with the provisions made therein
regarding reservation for Persons with Benchmark Disabilities, as
defined under Section 2(r) of the Act against the posts and services of
the Central Government.
2.
QUANTUM OF RESERVATION
2.1
In case of direct recruitment, four per cent of the total number of
vacancies to be filled up by direct recruitment, in the cadre strength
in each group of posts i.e. Groups A, B and C shall be reserved for
persons with benchmark disabilities.
2.2 Against the posts
identified for each disabilities, of which, one per cent each shall be
reserved for persons with benchmark disabilities under clauses (a), (b)
and (c) and one per cent, under clauses (d) and (e), unless otherwise
excluded under the provisions of Para 3 here in under:-
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness
3.
EXEMPTION FROM RESERVATION:
If any Ministry/Department in the Central Government considers it
necessary to exempt any establishment or any cadre or cadres fully or
partly from the provisions of reservation for persons with benchmark
disabilities, it shall make a reference to the Department of
Empowerment of Persons with Disabilities giving full justification for
the proposal, who having regard to the type of work carried out in any
Government establishment by notification and subject to such
condition, if any, as may be specified in the notification, in
consultation with the Chief Commissioner for Persons with Disabilities
(CCPD) may exempt any Establishment or any cadre(s) fully or partly
from the provisions of reservation for persons with benchmark
disabilities.
4.
ADJUSTMENT AGAINST UNRESERVED VACANCIES:
4.1
In the category of posts which are identified suitable for persons with
benchmark disabilities, a person with benchmark disability cannot be
denied the right to compete for appointment by direct recruitment
against an unreserved vacancy. Thus a person with benchmark disability
can be appointed by direct recruitment against vacancy not specifically
reserved for the persons with benchmark disability, provided the post
is identified suitable for persons with benchmark disability of the
relevant category.
4.2 Persons with benchmark disabilities
selected without relaxed standards along with other candidates, will not
be adjusted against the reserved share of vacancies. The reserved
vacancies will be filled up separately from amongst the
eligible candidates with benchmark disabilities which will thus comprise
of candidates with benchmark disabilities who are lower in merit than
the last candidate in merit list but otherwise found suitable for
appointment, if necessary, by relaxed standards.
5.
CERTIFICATE OF DISABILITY:
A
person who wants to avail the benefit of reservation will have to
submit a certificate of disability issued by a Competent Authority. Such
certificate in the event of selection of such person for any post, will
be subject to such verification/re-verification
as may be decided by the competent authority.
6.
COMPUTATION OF NUMBER OF POSTS TO BE RESERVED:
6.1
The number of posts to be reserved for persons with benchmark
disabilities in case of Group C posts shall be computed on the basis of
total number of vacancies in the cadre strength of Group C posts, in the
establishment, although the recruitment of the persons with benchmark
disabilities would only be against the category of posts identified
suitable for them. The number of vacancies to be reserved for the
persons with benchmark disabilities in case of direct recruitment to
Group 'C' posts in an establishment shall be computed by taking into
account the total number of vacancies arising in Group 'C' posts for
being filled by direct recruitment in a recruitment year both in the
identified and non-identified category of posts under the establishment.
Since reservation, wherever applicable, for Persons with Benchmark
Disabilities is provided computing total number of vacancies in the
cadre strength in identified category of posts as well as unidentified
category of posts, it may be possible that number of persons appointed
by reservation in an identified category of post may exceed four per
cent.
6.2 Reservation for persons with benchmark disabilities in
Group 'A' or Group 'B' posts shall be computed on the basis of total
number of vacancies occurring in direct recruitment quota in the cadre
in all the Group 'A' posts or Group 'B' posts respectively, and the
computation of total vacancies shall include vacancies arising in the
identified and non-identified category of posts.
7.
EFFECTING RESERVATION - MAINTENANCE OF ROSTERS:
7.1
Every Government establishment shall maintain group-wise a separate
vacancy based 100 point vacancy based reservation roster register in the
format given in Annexure for determining/effecting reservation for the
Persons with Benchmark Disabilities - one each for Group 'A' posts
filled by direct recruitment, Group 'B' posts filled by direct
recruitment and Group 'C' posts filled by direct recruitment.
7.2 Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following points:
1st Block - point No. 01 to point No. 25
2nd Block - point No. 26 to point No. 50
3rd Block - point No. 51 to point No. 75
4th Block - point No. 76 to point No.100
7.3
Points 1, 26, 51 and 76 of the roster shall be earmarked for persons
with benchmark disabilities - one point each for four respective
categories of disabilities. The Head of the establishment shall ensure
that vacancies identified at SI. No.1, 26, 51 and 76 are earmarked for
the respective categories of the persons with benchmark disabilities. However, the Head of the establishment shall decide the placement of the selected candidate in the roster register.
7.4 All the vacancies arising irrespective of vacancies reserved for Persons with Benchmark Disabilities shall be entered in the relevant roster. If the
vacancy falling at point no. 1 is not identified for the Person with
Benchmark Disability or the Head of the establishment considers it
desirable not to fill it up by Persons with Benchmark Disabilities or it is not possible to fill up that post by the Persons with Benchmark Disabilities for any other reason, one of the vacancies falling at any
of the points from 2 to 25 shall be treated as reserved for the person
with benchmark disability and filled as such.
7.5 Likewise, a
vacancy falling at any of the points from 26 to 50 or from 51 to 75
or from 76 to 100 shall have to be filled by the Persons with Benchmark
Disabilities. The purpose of keeping points 1, 26, 51 and 76 as reserved
is to fill up the first available suitable vacancy.
7.6 There is a
possibility that none of the vacancies from 1 to 25 is suitable for
any category of the person with benchmark disability. In that case two
vacancies from 26 to 50 shall be filled as reserved for persons with
benchmark disabilities. If the vacancies from 26 to 50 are also not
suitable for any category, three vacancies shall be filled as reserved
from the third block containing points from 51 to 75. This means that if
no vacancy can be reserved in a particular block, it shall be carried
over into the next block
7.7 After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start.
7.8
If the number of vacancies in a year is such as to cover only one block
(say 25 vacancies) or two (say 50 vacancies), the category of the
persons with benchmark disabilities should be accommodated as per the
roster points. However, in case, the said vacancy is not identified for
the respective category, the Head of the establish
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