RESERVATION FOR THE PERSONS WITH DISABILITIES - FILLING UP OF THE BACKLOG RESERVED VACANCIES THROUGH A SPECIAL RECRUITMENT DRIVE.
No. 3603812/2008-EsH(Res)
Government of India
Ministry of Personnel, P.G. 8 Pensions
Department of Personnel & Training
New Delhi, Dated the 15th January, 2010
OFFICE MEMORANDUM
Sub: Reservation for the Persons with Disabilities - Filling up of the backlog reserved vacancies through a Special Recruitment Drive.
The undersigned is directed to invite attention to this Department's O.M. of even number dated 27.11.2009 whereby a Special Recruitment Drive has been launched to fill up the backlog reserved vacancies of persons with disability. Attention is also invited to this Department's O.M. No. 360351812003-Estt(Res) dated 26th April, 2006, which, inter alia, required preparation of reservation roster registers and earmarking of reservation for persons with disabilities in accordance with the instructions contained in this Department's O.M. No. 360351312004-Estt(Res) dated 29.12.2005 starting from the year 1996. The OM provided that if some or all the vacancies so earmarked had not been filled by reservation and were filled by able bodied persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation might be treated as having been carried forward. There may be some vacancies which might have become available for persons with disabilities in terms of the OM dated 26.4.2006 It has been decided to fill up all such vacancies during the Special Recruitment Drive referred to above.
2. All the Ministries /Departments etc, are requested to scrupulously implement the above decision.
(K.G. Verma)
Director
Tel. No.2309 2158
Earlier orders referred in the O.M.
SPECIAL RECRUITMENT DRIVE FOR PWD MOST IMMEDIATE TIME BOUND
No.360381212008-Estt.(Res.)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****** -
North Block,New Delhi
Dated the 27th Nov., 2009
OFFICE MEMORANDUM
Subject : Special Recruitment Drive to fill up the backlog reserved vacancies for Persons with Disabilities.
The undersigned is directed to invite attention to this Department's OM of even number dated 10th December, 2008 whereby a Special Recruitment Drive was launched to fill up the backlog reserved vacancies of the persons with disabilities. The OM stipulated that reservation and backlog reserved vacancies would be determined on the basis of vacancies arising in the establishment in accordance with the instructions contained in this Department's O.M. No. 36035/3/2004-Estt(Res) dated 29.12.2005. However, the High Court of Delhi in W.P.(C) No.l5828/2006[National Federation of the Blind Vs. UOI & Ors.] held that reservation to persons with disabilities should be calculated on the basis of the strength of the establishment and passed orders for computing the quota and backlog of reservation as per their directions. This Department, subsequently filed a Special Leave Petition (No. 7541 / 2009 ) in the Supreme Court challenging the order of the Hon'ble High Court, and without prejudice to the outcome of SLP, issued OM No. 36012/23/2009-Estt.(Res.) dated 4.5.2009 requesting all the Ministries I Departments etc. to implement the order of the High Court. Since the principles on the basis of which the Special Recruitment Drive dated 10.12.2008 was launched were not in line with the orders of the High Court, the Drive could not be continued after the decision of the High Court.
2. The Supreme Court vide their interim order dated 6.1 1.2009 in SLP No.7541/2009 (Union of lndia & Others Vs. National Federation of Blind) stayed the directions of the High Court and reaffirmed the interim order passed by it on 31.8.2009 whereby the Union of lndia was directed to file a detailed status report regarding the extent to which the posts had been identified and filled up and also indicating the steps taken to fill up the vacancies that had arisen after the commencement of the 1996 Act.
Pending final decision of the Supreme Court, reservation for persons with disabilities shall now be determined and implemented in accordance with this Department's O.M. dated 29.12.2005.
3. Keeping all aspects in view, it has been decided to launch a fresh Special Recruitment Drive to fill up the backlog reserved vacancies of persons with disabilities existing as on 15.11.2009 according to the following schedule :-
[ Not printed ]
4. The following points would make the meaning of the "backlog reserved vacancies of persons with disabilities" clear, which should be kept in view while determining the backlog:-
(i) If any vacancy earmarked reserved for any category of disability in the initial year of recruitment cannot be filled due to non-availability of a suitable person with that disability or for any other sufficient reason, such vacancy is left unfilled and is treated as a 'backlog reserved vacancy' in the subsequent recruitment year. Further details in this regard may be seen in this Department's O.M. NO. 36035/3/2004-Estt(Res) dated 29.12.2005.
(ii) Prior to the issue of the 0:M. dated 29.12.2005, if in any year, suitable physically handicapped candidates were not available to fill up a reserved vacancy, the vacancy was filled by another category candidate and reservation was carried forward for a period of upto three recruitment years. During that period, in the event of non-availability of suitable persons with disability, the reserved vacancies were not kept unfilled. Nevertheless, it is possible that some Ministries/ Departments /establishments might have kept some vacancies earmarked reserved for the persons with disability unfilled due to non availability of persons with disability. If such vacancies exist, these will be treated as backlog reserved vacancies for the purpose of the Drive.
5. It is important to note that the Government has to file a report in the Supreme Court in terms of the interim order dated 31.8.2009 referred to in para 2 above. All the Ministries/Departments are, therefore, requested to scrupulously monitor the Drive and review its progress from time to time.
The Liaison Officer in the Ministry I Department should keep a vigil on the progress of Drive in the Ministry I Department and all its attached offices / subordinate offices I public sector undertakings 1 autonomous bodies etc.
If he finds any problem in the matter, he may bring it to the notice of the Secretary of the concerned Ministry I Department who may in turn issue necessary instructions.
6. The Ministries I Departments should collect information from all the appointing authorities under them and send the following reports to this Department:
[ Not printed ]
7. It is expected that a large number of the backlog vacancies would be filled up by 15.2.2010 and remaining by 30.3.2010. If any vacancy still remains unfilled, it should be filled up latest by 15.7.2010. In order to enable this Department to assess the progress of the Drive, the above referred reports should be sent to this Department three times - first by 15.2.2010, second by 30.3.2010 indicating the progress made upto these , dates and final report by 31.7.2010.
8. The Attached Offices/ Subordinate Offices /Autonomous Bodies/ Public Sector Undertakings should not send the report direct to this Department. They should send the information to their administrative Ministry/ Department which will consolidate the information and send such consolidated information to this Department.
9. It is also emphasized that while filling up the current vacancies, instructions about reservation for persons with disabilities contained in this Department's O.M. dated 29.12.2005 should be strictly followed.
No. 36035/8/2003-Estt(Res)
Government of India
Ministry of Personnel, P.G & Pensions
Department of Personnel & Training
*****
New Delhi
Dated the 26th April, 2006
OFFICE MEMORANDUM
The undersigned is directed to say that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which came into existence on 1.1.1996 provides for reservation for persons with disability in the posts identified for three categories of disabilities namely
(i) blindness or low vision,
(ii) (ii) hearing impairment and
(iii) (iii) locomotor disability or cerebral palsy.
Instructions have also been issued by this Department for providing reservation for such persons. In spite of the Act and the instructions of this Department, vacancies were not earmarked reserved or were not filled by reservation in some establishments.
2. The matter has been considered carefully and it has been decided that reservation for persons with disabilities should be implemented in right earnest and there should be no deviation from the scheme of reservation, particularly after the Act came into effect. In order to achieve this objective, all the establishments should prepare the reservation roster registers as provided in this Department's O.M. No. dated 36035/312004-Estt(Res) dated 29.12.2005 starting from the year 1996 and reservation for persons with disabilities be earmarked as per instructions contained in that OM. If some or all the vacancies so earmarked had not been filled by reservation and were filled by able bodied persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation may be treated as having been carried forward to the first recruitment year occurring after issue of this O.M. and be filled as such. If it is not possible to fill up such reserved vacancies during the said recruitment year, reservation would be carried forward for further two years, where after it may be treated as lapsed.
3. It has been observed that some recruiting agencies declare in their advertisements that blind / partially blind candidates need not apply and that separate examinations would be conducted for visually handicapped candidates. Attention is invited to para 7 of this Department's O.M. No. 36035/3/2004-Estt(Res) dated 29.12.2005 which provides that persons with disabilities selected on their own merit will not be adjusted against the reserved share of vacancies. It means that persons with disabilities who are selected on their own merit have to be adjusted against the unreserved vacancies and reservation has to be given in addition. If visually handicapped candidates or any other category of handicapped candidates are debarred from applying on the ground that a separate examination would be conducted for them, chances of handicapped candidates being selected on their own merit would be eliminated. Thus debarring of any category of handicapped candidates in the above manner is against the provisions contained in the aforesaid O.M. It is, therefore, requested that persons with disabilities should not be debarred from applying for the posts identified suitable for them and should be provided opportunity to compete for the unreserved vacancies as well by holding a common examination.
Contents of this O.M. may be brought to the notice of all ~
Deputy Secretary to the Govt. of India
See original order http://www.persmin.nic.in/writedata/CircularNotification/ScanDocument/36035_8_2003-Estt(Res)_26042006.pdf
O.M. No. 36035/3/2004-Estt(Res) dated 29.12.2005
F.No.36035/3/2009-Estt.(Res.)
GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block
*****
New Delhi, dated 10th June, 2009
OFFICE MEMORANDUM
Sub: Benefit of reservation to persons with disability who acquire disability after entering into Govt. service..
The undersigned is directed to say that various Ministries/Departments have been seeking clarification whether a person who acquires disability after entering into Government service shall get the benefit of reservation in services as provided in this Department's OM No.36035/3/2004-Estt.(Res.) dated 29.12.2005.
2. It is hereby clarified that the OM dated 29.12.2005 does not make any distinction between persons acquiring disability before or after entering into service. An employee who acquires disability after entering into service will be entitled to get the benefit of reservation as a person with disability as provided in the instructions contained in the above referred OM from the date he produces a valid certificate of disability.
3. All Ministries/Departments etc. are requested to bring it to the notice of all establishments under their control.
* * * * * * * * *
QUANTUM OF RESERVATION:
Reservation for the Persons with Disabilities
Three percent of the vacancies in case of direct recruitment to Group A, B, C & D posts shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from
(iv) blindness or low vision,
(v) hearing impairment and
(vi) (iii) locomotor disability or cerebral palsy in the posts identified for each disability;
Three percent of the vacancies in case of promotion to Group D, and Group posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from
(i) blindness or low vision,
(ii) hearing impairment and
(iii) locomotor disability or cerebral palsy in the posts identified for each disability.
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