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On 1/8/14, Prashant Naik <pran...@gmail.com> wrote:
>  Dear list,
> Sharing latest circular text. Pasting 14 pages text in the message area
> because it will be easy to read than a download link.
>
> Key point number 5 is as below:
>
> Keeping in view the directions of the Hon'ble Supreme Court, Para 14 of the
> OM dated 29.12.2005 is modified to the following extent:
>
> "Reservation for persons with disabilities in Group TV or Group 'B' posts
> shall be computed on the basis of total number of vacancies occurring in
> direct recruitment quota in all the Group A posts or Group 'B' posts
> respectively, in the cadre."
>
>
>
> Source to download original circular in image pdf format
> http://ccis.nic.in/CP_Circular_Report.asp?MinCode=2&DepCode=0&DivCode=0&SecCode=(0)&CNCode=1&MctCode=17&SctCode=243&ArchCode=2
>
> 2005.12.29 OM NO 36035_3_2004-Estt(Res) - RESVN FOR PWD - MASTER OM.pdf
> covering letter with D.O.No.36012-24-2009-Estt.(Res.) dt.16.12.2013 and
> 3_.12.2013.pdf
>
>
>
> Below two Circulars follows which are OCRed by me for our reading.
>
> -----------
>
> IMMEDIATE/COURT MATTER
>
> No.36012/24/2009-Estt(Res)
>
> Government of India Ministry of Personnel, Public Grievances and Pensions
> Department of Personnel and Training
>
>
>
> North Block, New Delhi. Dated the 3rd December 2013
>
> OFFICE MEMORANDUM
>
> Subject: Reservation for persons with disabilities- Computation of
> reservation- implementation of the judgement of Hon'ble Supreme Court in
> the matter of Union of India & Anr. Vs. National Federation of Blind & Ors.
>
>
>
> The undersigned is directed to refer to this Department's OM
> No.36035/3/2004-Estt.(Res) dated 29.12.2005, a copy of which is enclosed
> for ready reference, through which this Department had issued consolidated
> instructions regarding reservation for persons with disabilities. The
> instructions were in consonance with the provisions of the Persons with
> Disabilities (Equal Opportunity, Protection of Rights and Full
> Participation) Act, 1995.
>
>
>
> 2. Para 13 of the Office Memorandum of 29.12.2005 provides that reservation
> for persons with disabilities in case of direct recruitment as well as
> promotion for Group C and Group D posts shall be computed on the basis of
> total number of vacancies occurring in Group C and Group D posts as the
> case may be in the establishment although the recruitment of the persons
> with disabilities would only be in the posts identified suitable for them.
> Para 14 of the said O.M. provides that Reservation for persons with
> disabilities in Group 'A' posts shall'be computed on the basis of vacancies
> occurring in direct recruitment quota in all the identified Group 'A' posts
> in the establishment. The same method of computation applies for Group 'B*
> posts.
>
>
>
> 3. The Hon'ble Supreme Court in its judgement dated 8.10.2013 in the matter
> of Civil Appeal No.9096 of 2013 (arising out of SLP (Civil) No.7541 of
> 2009) titled Union of India & Anr. Vs. National Federation of Blind & Ors.
> has, inter-alia, held :
>
> "Thus, after thoughtful consideration, we are of the view that the
> computation of reservation for persons with disabilities has to be computed
> in case of Group A, B, C and D posts in an identical manner viz.,
> "computing 3% reservation on total number of vacancies in the cadre
> strength" which is the intention of the legislature."
>
>
>
> 4. The Hon'ble Supreme Court has, inter alia, directed that the following
> action be taken in order to ensure proper implementation of the reservation
> policy for the disabled and to protect their rights:-
>
> (i)            to issue an appropriate order modifying the O.M. dated
> 29.12.2005 and the subsequent O.Ms consistent with this Court's Order
> within three months from the date of passing of the judgment.
>
> (ii)           the "appropriate Government" to compute the number of
> vacancies available in all the "establishments" and further identify the
> posts for disabled persons within a period of three months from today and
> implement the same without default.
>
>
>
> (iii)          the DoPT shall issue instructions to all the
> departments/public sector undertakings/Government companies declaring that
> the non observance of the scheme of reservation for persons with
> disabilities should be considered as an act of non-obedience and Nodal
> Officer in department/public sector
>
> undertakings/Government companies, responsible for the proper strict
> implementation of reservation for person with disabilities, be
> departmentally proceeded against for the default.
>
>
>
> 5.     Keeping in view the directions of the Hon'ble Supreme Court, Para 14
> of the OM dated 29.12.2005 is modified to the following extent:
>
>
>
> "Reservation for persons with disabilities in Group TV or Group 'B' posts
> shall be computed on the basis of total number of vacancies occurring in
> direct recruitment quota in all the Group A posts or Group 'B' posts
> respectively, in the cadre."
>
>
>
> 6.            Other provisions of the OM viz. quantum of reservation,
> horizontality of reservation, effecting reservation and maintenance of
> rosters etc. would remain the same.
>
>
>
> 7.            All the Ministries/Departments/Organisations of the
> Government of India are requested to compute the number of vacancies
> available in all the cadres under their control including attached offices,
> subordinate offices, public sector undertakings, Government companies,
> cantonment Board etc. in the aforesaid manner and further identify the
> posts for disabled persons within a period of three months from the date of
> the judgement of the Hon'ble Supreme Court (i.e. 8,10.2013) and implement
> the same without default.
>
>
>
> 8.            This is for strict compliance in accordance with the
> directions of the Hon'ble Supreme Court in respect of all the
> Ministries/Departments including their Public Sector
> Undertakings/Government companies, Cantonment Boards etc. Non-observance of
> the provisions of reservation for persons with disabilities shall be
> considered as an act of disobedience and the Nodal Officer concerned in
> Department/Public Sector Undertaking/Government company, responsible, for
> the proper strict implementation of reservation for person with
> disabilities be departmental^ proceeded against for the default.
>
>  To
>
>
>
> (G. Srinivasan) Deputy Secretary to the Government of India
>
> Tei.No.23093074
>
>
>
> (i)            The Secretary, All the Ministries/Departments of the
> Government of India
>
> (ii)           The Secretary, Department of Financial Services (Banking and
> Insurance
>
> Division), New Delhi
>
> (iii)          The Secretary, Department of Public Enterprises, New Delhi
>
> (iv)          The Secretary, Railway Board, Rail Bhavan, New Delhi,
>
> (v)           Union Public Service Commission, Supreme Court of India,
> Election
>
> Commission of India, Lok Sabha Secretariat, Rajya Sabha Secretariat,
>
> Cabinet Secretariat, Prime Minister's Office, Planning Commission.
>
> (vi)          The Secretary, Staff Selection Commission, CGO Complex, Lodhi
> Road,
>
> New Delhi.
>
> (vii)         Office of the Chief Commissioner of Disabilities, Sarojini
> House, 6
>
> Bhagwan Das Road, New Delhi-110001;
>
> (viii)        Office of the Comptroller & Auditor General of India, 10,
> Bahadur Shah
>
> Zafar Marg, New Delhi.
>
> (ix)          All officers and Sections in the Ministry of Personnel,
> Public Grievances
>
> and Pensions and all the attached/subordinate offices of this Ministry.
>
> (x)           Information and Facilitation "Centre, North Block, New Delhi
> - 25 copies.
>
>
>
> Copy to Chief Secretaries of all States/Union Territories - for information
>
>
>
> Copy to Director (NIC), DOP&T- with a request to place this on the website
> of this Ministry for information of all concerned.
>
>
>
> -------------------------
>
> No. 36035/3/2004-Estt(Res)
>
> GOVERNMENT OF INDIA
>
> MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
>
> DEPARTMENT OF PERSONNEL A TRAINING
>
>
>
> New Delhi, Dated the 29th December, 2005 OFFICE MEMORANDUM
>
> Subject- Reservation for the Persons with Disabilities.
>
> With a view to consolidating the existing instructions, bringing them in
> line with the Persons with Disabilities (Equal Opportunities, Protection of
> Rights & Full Participation) Act, 1995 and clarifying certain issues
> including procedural matters, the following instructions are issued with
> regard to reservation for persons with disabilities (physically handicapped
> persons) in posts and services under the Government of India. These
> instructions shall supercede all previous instructions issued on the
> subject so far.
>
>
>
> 2.            QUANTUM OF RESERVATION
>
> (i)            Three percent of the vacancies in case of direct recruitment
> to Group A, B, C and D posts 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;
>
> (ii)           Three percent of the vacancies in case of promotion to Group
> D, and Group C 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.
>
>
>
> 3.            EXEMPTION FROM RESERVATION : If any Department /Ministry
> considers it necessary to exempt any establishment partly or fully from the
> provision of reservation for persons with disabilities, it may make a
> reference to the Ministry of Social Justice and Empowerment giving full
> justification for the proposal. The grant of exemption shall be considered
> by an Inter-Departmental Committee set up by the Ministry of Social Justice
> and Empowerment.
>
>
>
> 4. IDENTIFICATION OF JOBS / POSTS: The Ministry of Social Justice and
> Empowerment have identified the jobs / posts suitable to be held by persons
> with disabilities and the physical requirement for all such jobs / posts
> vide their notification no, 16-25/99.NI.I dated 31.5.2001. The jobs / posts
> given in Annexure II of the said notification as amended from time to time
> shall be used to give effect to 3 per cent reservation to the persons with
> disabilities. It may, however, be noted that:
>
> (a)           The nomenclature used for any job / post shall mean and
> include nomenclature used for other comparable jobs / posts having
> identical functions.
>
> (b)          The list of jobs / posts notified by the Ministry of Social
> Justice & Empowerment is not exhaustive. The concerned Ministries /
> Departments shall have the discretion to identify jobs / posts in addition
> to the jobs / posts already identified by the Ministry of Social Justice &
> Empowerment. However, no Ministry / Department / Establishment shall
> exclude any identified job / post from the purview of reservation at its
> own discretion.
>
> (c)           If a job/ post identified for persons with disabilities is
> shifted from onigroup or grade to another group or grade due to change in
> the pay-scale or otherwise, the job/ post shall remain identified.
>
>
>
> 5.            RESERVATION IN POSTS IDENTIFIED FOR ONE OR TWO CATEGORIES: If
> a post is identified suitable only for one category of disability,
> reservation in that post shall be given to persons with that disability
> only. Reservation of 3% shall not be reduced in such cases and total
> reservation in the post will be given to persons suffering from the
> disability for which it has been identified. Likewise in case the post is
> identified suitable for two categories of disabilities, reservation shall
> be distributed between persons with those categories of disabilities
> equally, as far as possible. It shall, however, he ensured mat reservation
> in different posts in the establishment is distributed in such a way that
> the persons of three categories of disabilities, as far as possible, get
> equal representation.
>
>
>
> 6.            APPOINTMENT AGAINST UNRESERVED VACANCIES: In the
>
> posts which are identified suitable for persons with disabilities, a person
> with disability cannot be denied the right to compete for appointment
> against an unreserved vacancy. Thus a person with disability can be
> appointed against an unreserved vacancy, provided the post is identified
> suitable for persons with disability of the relevant category.
>
>
>
> 7.            ADJUSTMENT OF CANDIDATES SELECTED ON THEIR OWN
>
> MERIT: Persons with disabilities selected on their own merit without
> relaxed
>
> standards alongwith 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 disabilities which
> will thus comprise physically handicapped candidates who are lower in merit
> than the last candidate in merit list but otherwise found suitable for
> appointment, if necessary, by relaxed standards. It will apply in case of
> direct recruitment as well as promotion, wherever reservation for persons
> with disabilities is admissible.
>
>
>
> 8. DEFINITIONS OF DISABILITIES : Definitions of categories of disabilities
> for the purpose of this Office Memorandum are given below:
>
> (i) (a) Blindness "Blindness" refers to a condition where a person suffers
> from any of the following conditions, namely:-
>
> (i)            total absence of sight; or
>
> (ii)           visual acuity not exceeding 6/60 or 20/200(snellen) in the
> better eye with correcting lenses; or
>
> (iii)          limitation of the field of vision subtending an angle of 20
> degree or worse;
>
> (b) Low vision: "Person with low vision" means a person with impairment of
> visual functioning even after treatment or standard refractive correction
> but who uses or is potentially capable of using vision for the planning or
> execution of a task with appropriate assistive device.
>
>
>
> (ii) Hearing Impairment:- "Hearing Impairment" means loss of sixty decibels
> or more in the better ear in the conversational range of frequencies.
>
>
>
> (iii)(a) Locomotor disability : "Locomotor disability" means disability of
> the bones, joints or muscles leading to substantial restriction of the
> movement of the limbs or any form of cerebral palsy.
>
> (b)          Cerebral Palsy :-„ "Cerebral Palsy" means a group of
> non-progressive conditions of a person characterised by abnormal motor
> control posture resulting from brain insult or injuries occurring in the
> prenatal, peri-natal or infant period of development.
>
> (c)           All the cases of orthopaedically handicapped persons would be
> covered under the category of "locomotor disability or cerebral palsy."
>
>
>
> 9.DEGREE OF DISABILITY FOR RESERVATION . Only such persons would be
> eligible for reservation in services / posts who suffer from not less than
> 40 per cent of relevant disability. A person who wants to avail of benefit
> of reservation would have to submit a Disability Certificate issued by a
> competent authority in the format given in Annexure I.
>
>
>
> 10.          COMPETENT AUTHORITY TO ISSUE DISABILITY CERTIFICATE :- The
> competent authority to issue Disability Certificate shall be a Medical
> Board duly constituted by the Central or a State Government. The Central /
> State Government may constitute Medical Board(s) consisting of at least
> three members out of which at least one shall be a specialist in the
> particular field for assessing locomotor / cerebral / visual / hearing
> disability, as the case may be.
>
>
>
> 11.          The Medical Board shall, after due examination, give a
> permanent disability certificate in cases of such permanent disabilities
> where there are no chances of variation in the degree of disability. The
> Medical Board shall indicate the period of validity of the certificate, in
> cases where there are chances of variation in the degree of disability. No
> refusal of disability certificate shall be made unless an opportunity is
> given to the applicant of being heard. On representation by the applicant,
> the Medical Board may review its decision having regard to all the facts
> and circumstances of the case and pass such orders in the matter as it
> thinks fit.
>
>
>
> 12.          At the time of initial appointment and promotion against a
> vacancy reserved for persons with disability, the appointing authority
> shall ensure that the candidate is eligible to get the benefit of
> reservation.
>
>
>
> 13.          COMPUTATION OF RESERVATION: Reservation for persons with
> disabilities in case of Group C and Group D posts shall be computed on the
> basis of total number of vacancies occurring in all Group C or Group D
> posts, as the case may be, in the establishment, although the recruitment
> of the persons with disabilities would only be in the posts identified
> suitable for them. The number of vacancies to be reserved for the persons
> with 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 posts under
> the establishment. The same procedure shall apply for Group 'D' posts.
> Similarly, all vacancies in promotion quota shall be taken into account
> while computing reservation in promotion in Group *C' and Group 'D'
> posts.  Since
> reservation is limited to identified posts only and number of vacancies
> reserved is computed on the basis of total vacancies (in identified posts
> as well as unidentified posts), it is possible that number of persons
> appointed by reservation in an identified post may exceed 3 per cent.
>
>
>
> 14.          Reservation for persons with disabilities in Group 'A' posts
> shall be computed on the basis of vacancies occurring in direct recruitment
> quota in all the identified Group 'A' posts in the establishment. The same
> method of computation applies for Group 'B' posts.
>
>
>
> 15.          EFFECTING RESERVATION - MAINTENANCE OF ROSTERS:
>
> (a)           All establishments shall maintain separate 100 point
> reservation roster registers in the format given in Annexure II for
> determining / effecting reservation for the disabled - one each for Group
> 'A' posts filled by direct recruitment, Group 'B' posts filled by direct
> recruitment, Group 'C posts filled by direct recruitment, Group 'C posts
> filled by promotion, Group 'D' posts filled by direct recruitment and Group
> 'D' posts filled by promotion.
>
> (b)          Each register shall have cycles of 100 points and each cycle
> of 100 points shall be divided into three blocks, comprising the following
> points: lsl Block - point No.l to point No.33 2nd Block - point No. 34 to
> point No.66 3rd Block - point No.67 to point No.l00
>
> (c)           Points 1, 34 and 67 of the roster shall be earmarked reserved
> for persons with disabilities - one point for each of the three categories
> of disabilities. The head of the establishment shall decide the categories
> of disabilities for which the points 1,34 and 67 will be reserved keeping
> in view all relevant facts.
>
> (d)          All the vacancies in Group C posts falling in direct
> recruitment quota arising in the establishment shall be entered in the
> relevant roster register. If the post falling at point no. 1 is not
> identified for the disabled or the head of the establishment considers it
> desirable not to fill it up by a disabled person or it is not possible to
> fill up that post by the disabled for any other reason, one of the
> vacancies falling at any of the points from 2 to 33 shall be treated as
> reserved for the disabled and filled as such, Likewise a vacancy falling at
> any of the points from 34 to 66 or from 67 to 100 shall be filled by the
> disabled. The purpose of keeping points 1, 34 and 67 as reserved is to fill
> up the first available suitable vacancy from 1 to 33, first available
> suitable vacancy from 34 to 66 and first available suitable vacancy from 67
> to 100 by persons with disabilities.
>
> (e)           There is a possibility that none of the vacancies from 1 to
> 33 is suitable for any category of the disabled. In that case two vacancies
> from 34 to 66 shall be filled as reserved for persons with disabilities. If
> the vacancies from 34 to 66 are also not suitable for any category, three
> vacancies shall be filled as reserved from the third block containing
> points from 67 to 100. This means that if no vacancy can be reserved in a
> particular block, it shall be carried into the next block.
>
> (f)           After all the 100 points of the roster are covered, a fresh
> cycle of 100 points shall start.
>
> (g)           If the number of vacancies in a year is such as to cover only
> one block or two, discretion as to which category of the disabled should be
> accommodated first shall vest in the head of the establishment, who shall
> decide on the basis of the nature of the post, the level of representation
> of the specific disabled category in the concerned grade/post etc.
>
> (h)          A separate roster shall be maintained for group C posts filled
> by promotion and procedure as explained above shall be followed for giving
> reservation to persons with disabilities. Likewise two separate rosters
> shall be maintained for Group D posts, one fo • the posts filled by direct
> recruitment and another for posts filled by promotion.
>
> (i)            Reservation in group A and group B posts is determined on
> the basis of vacancies in the identified posts only. Separate rosters for
> Group A posts and Group B posts in the establishment shall be maintained.
> In the rosters maintained for Group A and Group B posts, all vacancies of
> direct recruitment
>
> arising in identified posts shall be entered and reservation shall be
> effected the same way as explained above.
>
>
>
> 16. INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF DIRECT
> RECRUITMENT:
>
> (a)           Reservation for each of the three categories of persons with
> disabilities shall be made separately. But if the nature of vacancies in an
> establishment is such that a person of a specific category of disability
> cannot be employed, the vacancies may be interchanged among the three
> categories with the approval of the Ministry of Social Justice &
> Empowerment and reservation may be determined and vacancies filled
> accordingly.
>
> (b)          If any vacancy reserved for any category of disability cannot
> be filled due to non-availability of a suitable person with that disability
> or, for any other sufficient reason, such vacancy shall not be filled and
> shall be carried forward as a 'backlog reserved vacancy' to the subsequent
> recruitment year.
>
> (c)           In the subsequent recruitment year the 'backlog reserved
> vacancy' shall be treated as reserved for the category of disability for
> which it was kept reserved in the initial year of recruitment. However, if
> a suitable person with that disability is not available, it may be filled
> by interchange, among the three categories of disabilities. In case no
> suitable person with disability is available for filling up the post in the
> subsequent year also, the employer may fill up the vacancy by appointment
> of a person other than a person with disability. If the vacancy is filled
> by a person with disability of the category for which it was reserved or by
> a person of other category of disability by inter se exchange in the
> subsequent recruitment year, it will be treated to have been filled by
> reservation. But if the vacancy is filled by a person other than a person
> with disability in the subsequent recruitment year, reservation shall be
> carried forward for a further period upto two recruitment years whereafter
> the reservation shall lapse. In these two subsequent years, if situation so
> arises, the procedure for filling up the reserved vacancy shall be the same
> as followed in the first subsequent recruitment year.
>
> 17.          In order to ensure that cases of lapse of reservation are kept
> to the minimum, any recruitment of the disabled candidates shall first be
> counted against the additional quota brought forward from previous years,
> if any, in their chronological order. If candidates are not available for
> all the vacancies, the older carried forward reservation would be filled
> first and the relatively later carried forward reservation would be further
> carried forward.
>
>
>
> 18.          CONSIDERATION ZONE. INTERSE EXCHANGE ANP CARRY FORWARD OF
> RESERVATION IN CASE OF PROMOTION
>
> (a) While filling up the reserved vacancies by promotion by selection, the
> disabled candidates who are within the normal zone of consideration shall
> be considered for promotion. Where adequate number of disabled candidates
> of the appropriate category of handicap are not available within the normal
> zone, the zone of consideration may be extended to five times the number of
> vacancies and the persons with disabilities falling within the extended
> zone may be considered. In the event of non availability of candidates even
> in the extended zone, the reservation can be exchanged so that post can be
> filled by a person with other category of disability, if possible. If it is
> not possible to fill up the post by reservation, the post may be filled by
> a person other than a person with disability and the reservation shall be
> carried forward for upto three subsequent recruitment years, whereafter it
> shall lapse.
>
>
>
> (b) In posts filled by promotion by non-selection, the eligible candidates
> with disabilities shall be considered for promotion against the reserved
> vacancies and in case no eligible candidate of the appropriate category of
> disability is available, the vacancy can be exchanged with other categories
> of disabilities identified for it. If it is not possible to fill up the
> post by reservation even by exchange, the reservation shall be carried
> forward for upto three subsequent recruitment years whereafter it shall
> lapse.
>
>
>
> 19. HORIZONTALITY OF RESERVATION FOR PERSONS WITH DISABILITIES: Reservation
> for backward classes of citizens (SCs, STs and OBCs) is called vertical
> reservation and the reservation for categories such as persons with
> disabilities and ex-servicemen is called horizontal reservation. Horizontal
> reservation cuts across vertical reservation (in what is called
> inter¬locking reservation) and persons selected against the quota for
> persons with disabilities have to be placed in the appropriate category
> viz. SC/ST/OBC/General candidates depending upon the category to which they
> belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate,
> if in a given year there are two vacancies reserved for the persons with
> disabilities and out of two persons with disabilities appointed, one
> belongs to a Scheduled Caste and the other to general category then the
> disabled SC candidate shall be adjusted against the SC point in the
> reservation roster and the general candidate against unreserved point in
> the relevant reservation roster. In case none of the vacancies fails on
> point reserved for the SCs, the disabled candidate belonging to SC shall be
> adjusted in future against the next available vacancy reserved for SCs.
>
>
>
> 20.          Since the persons with disabilities have to be placed in the
> appropriate category viz. SC/ST/OBC/ General in the roster meant for
> reservation of SCs/STs/OBCs, the application form for the post should
> require the candidates applying under the quota reserved for persons with
> disabilities to indicate whether they belong to SC/ST/OBC or General
> category.
>
>
>
> 21.          RELAXATION IN AGE LIMIT.
>
> (i)            Upper'agelimitfor persons with disabilities shall be
> relaxable (a) by ten years (15 years for SCs/STs and 13 years for OBCs) in
> case of direct recruitment to Group *C and Group 'P' posts; (b) by 5 years
> (10 years for SCs/STs and 8 years for OBCs) in case of direct recruitment
> to Group 'A' and Group 'B' posts where recruitment is made otherwise than
> through open competitive examination; and (c)
>
> by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of direct
> recruitment to Group A and Group B posts through open competitive
> examination.
>
>
>
> (ii)           Relaxation in age limit shall be applicable irrespective of
> the fact whether the post is reserved or not, provided the post is
> identified suitable for persons with disabilities.
>
>
>
> 22. RELAXATION OF STANDARD OF SUITABILITY: If sufficient number of persons
> with disabilities are not available on the basis of the general standard to
> "fill all the vacancies reserved for them, candidates belonging to this
> category may be selected on relaxed standard to fill up the remaining
> vacancies reserved for them provided they are not found unfit for such post
> or posts. Thus, to the extent the number of vacancies reserved for persons
> with disabilities cannot be filled on the basis of general standards,
> candidates belonging to this category may be taken by relaxing the
> standards to make up the deficiency in the reserved quota subject to the
> fitness of these candidates for appointment to the post / posts in
> question.
>
>
>
> 23.          MEDICAL EXAMINATION: As per Rule 10 of the Fundamental Rules,
> every new entrant to Government Service on initial appointment is required
> to produce a medical certificate of fitness issued by a competent
> authority. In case of medical examination of a person with disability for
> appointment to a post identified as suitable to be held by a person
> suffering from a particular kind of disability, the concerned Medical
> Officer or Board shall be informed beforehand that the post is identified
> suitable to be held by persons with disability of the relevant category and
> the candidate shall then be examined medically keeping this fact in view.
>
>
>
> 24.          EXEMPTION FROM PAYMENT OF EXAMINATION FEE AND APPLICATION FEE:
> Persons with disabilities shall be exempt from payment of application fee
> and examination fee, prescribed in respect of competitive examinations held
> by the Staff Selection Commission, the Union Public Service Commission etc.
> for recruitment to various posts. This exemption shall be available only to
> such persons who would otherwise be eligible for appointment to the post on
> the basis of standards of medical fitness prescribed for that post
> (including any concession specifically extended to the disabled persons)
> and who enclose with the application form, necessary certificate from a
> competent authority in support of their claim of disability.
>
>
>
> 25.          NOTICE OF VACANCIES: In order to ensure that persons with
> disabilities get a fair opportunity in consideration for appointment to an
> identified post, the following points shall be kept in view while sending
> the requisition notice to the Employment Exchange, the SSC, the UPSC etc.
> and while advertising the vacancies:-
>
> (i)            Number of vacancies reserved for
> SCs/STs/OBCs/Ex-Servicemen/Persons suffering from Blindness or Low
> Vision/Persons suffering from Hearing Impairment/Persons suffering from
> Locomotor
>
> Disability or Cerebral Palsy should be indicated clearly.
>
> (ii)           In case of vacancies in posts identified suitable to be held
> by persons with disability, it shall be indicated that the post is
> identified for persons with disabilities suffering from blindness or tow
> vision;
>
> hearing impairment; and/or locomotor disability or cerebral palsy, as the
> case may be, and that the persons with disabilities belonging to the
> category/categories for which the post is identified shall be
>
> allowed to apply even if no vacancies are reserved for them. Such
> candidates will be considered for selection for appointment to the post by
> general standards of merit.(iii)           In case of vacancies in posts
> identified suitable for persons with disabilities, irrespective of whether
> any vacancies are reserved or
>
> (iv)          not, the categories of disabilities viz blindness or low
> vision, hearing impairment and locomotor disability or cerebral palsy, for
> which the post is identified suitable alongwith functional classification
> and physical requirements for performing the duties attached to the post
> shall be indicated clearly.
>
> (v)           It shall also be indicated that persons suffering from not
> less than . 40% of the relevant disability shall alone be eligible for the
> benefit of reservation.
>
>
>
> 26.          CERTIFICATE BY REQUISITIONING AUTHORITY : In order to ensure
> proper implementation of the provisions of reservation for persons with
> disabilities, the requisitioning authority while sending the requisition to
> the UPSC, SSC etc. for filling up of posts shall furnish the following
> certificate to
>
> the recruiting agency:-
>
> "It is certified that the requirements of the Persons with Disabilities
> (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995
> and the policy relating to reservation for persons with disabilities has
> been taken care of while sending this requisition. The vacancies reported
> in this requisition fall at points no of cycle no of 100 point reservation
> roster out of which number of vacancies are reserved for persons with
> disabilities."
>
>
>
> 27.          ANNUAL REPORTS REGARDING REPRESENTATION OF PERSONS WITH
> DISABILITIES:
>
> (i)            Soon after the first of January of every year, each
> appointing authority shall send to its administrative Ministry/Department:-
>
>
>
> (a)           PWD Report-I in the prescribed proforma (Annexure III)
> showing the total number of employees, total number of employees in the
> posts which have been identified suitable for persons with disabilities
>
> and number of employees suffering from blindness or low vision, hearing
> impairment, and locomotor disability or cerebral palsy as on the 1st
> January of the year, and
>
>
>
> (b)          PWD Report-II in the prescribed proforma (Annexure IV) showing
> the number of vacancies reserved for persons suffering from blindness or
> low vision, hearing impairment, and locomotor
>
> disability or cerebral palsy and number of such persons actually appointed
> during the preceding calendar year.
>
>
>
> (ii)           The administrative Ministry/Department shall scrutinize the
> information received from all appointing authorities under it and send
> consolidated PWD Report-I and PWD Report- II in prescribed proforma in
> respect of the Ministry/Department including information in respect of all
> attached and
>
> subordinate offices under its control to the Department of Personnel and
> Training by the 31st March of each year.
>
>
>
> (iii) The following points may be kept in view while sending the reports to
> the Department of Personnel & Training:-
>
> (a)           The reports sent to the DOPT should not include information
> in respect of public sector undertakings, statutory, semi-Government and
> autonomous bodies. Statutory, semi-Government and autonomous bodies shall
> furnish consolidated information in the prescribed proforma to the
> administrative Ministry/Department concerned who may scrutinize, monitor
> and maintain it at their own level. The Department of Public Enterprises
> may collect similar information in respect of all public sector
> undertakings.
>
> (b)          The attached/subordinate offices shall send information to
> their administrative Ministry/Department only and shall not send it direct
> to this Department.
>
> (c)           The figures in respect of persons with disabilities shall
> include persons appointed by reservation as well as appointed otherwise.
>
> (d)          The PWD Report I relates to persons and not to posts.
> Therefore, while furnishing this report the posts vacant etc. should not be
> taken into account. In this report persons on deputation should be included
> in the establishment of the borrowing Ministry/Department/Office and not in
> the parent establishment. Persons permanent in one grade but officiating or
> holding temporary appointment in the higher grade shall be included in die
> figures relating to the Class of service to which the higher grade belongs.
>
>
>
> 28.    LIAISON OFFICER FOR PERSONS WITH DISABILITIES :
>
> Liaison Officers appointed to look after reservation matters for SCs/STs
> shall also work as Liaison Officers for reservation matters relating to
> persons with disabilities and shall ensure compliance of these
> instructions.
>
>
>
> (K.G. Verma) Deputy Secretary to the Govt, of India
>
>
>
> To
>
> (i)            All Ministries/Departments of the Govt, of India.
>
> (ii)           Department of Economic Affairs (Banking Division), New Delhi
>
> (iii)          Department of Economic Affairs (Insurance Division), New
> Delhi
>
> (iv)          Department of Publie Enterprises, New Delhi
>
> (v)           Railway Board.
>
> (vi)          Public Service Commission/Supreme Court of India/ Election
> Commission/Lok Sabha Secretariat/ Rajya Sabha Secretariat/ Cabinet
> Secretariat/Central Vigilance Commission/President's Secretariat/ Prime
> Minister's Office/Planning Commission.
>
> (vii)         Staff Selection Commission, CGQ Complex, Lodi Road, New Delhi
>
> (viii)        Office of the Chief Commissioner for Disabilities, Sarojini
> House, 6, Bhagwan Das Road,New Delhi - 110 001
>
> (ix)          Office of the Comptroller & Auditor General of India, 10,
> Bahadur Shah   Zafar Marg, New Delhi.
>
> (x)           All Officers and Sections in the Ministry of Personnel,
> Public Grievances and Pensions and all attached/subordinate offices of this
> Ministry.
>
> (xi)          Information and Facilitation Centre, DOPT, North Block, New
> Delhi.
>
> (xii)         200 spare copies for Estt(Res)Desk.
>
>
>
> ANNEXURE 1
>
> NAME & ADDRESS OF THE INSTITUTE / HOSPITAL
>
> Certificate No.                    Date
>
>
>
> DISABILITY CERTIFICATE
>
>
>
> Recent Photograph of the candidate showing the disability duly attested by
> the Chairperson of the Medical Board.
>
> This is certified that Shri / Smt / Kum
>
> son/wife/daughter   of     Shri         _age
>
> sex                identification   mark(s)                  is   suffering
> from permanent disability of following category:
>
> A.            Locomotor or cerebral palsy:
>
> (i)            BL-Both legs affected but not arms,
>
> (ii)           BA-Both arms affected     (a) Impaired reach (b) Weakness of
> grip
>
> (iii)          BLA-Both legs and both arms affected
>
> (iv)          OL-One leg affected (right or left) (a) Impaired reach
>
> (b)          Weakness of grip
>
> (c)           Ataxic
>
>
>
> (v)           OA-One arm affected      (a) Impaired reach
>
> (b)          Weakness of grip
>
> (c)           Ataxic
>
>
>
> (vi)          BH-Stiff back and hips (Cannot sit or stoop)
>
> (vii)         MW-Muscular weakness and limited physical endurance.
>
> B.            Blindness or Low Vision:
>
> (i)            B-Blind
>
> (ii)           PB-Partially Blind
>
>
>
> C.     Hearing impairment:
>
>
>
> (i)            D-Deaf
>
> (ii)           PD-Partially Deaf
>
>
>
> (Delete the category whichever is not applicable)
>
>
>
> 2. This condition is progressive / non-progressive / likely to improve /
> not likely
>
> to improve. Re-assessment of this case is not recommended / is recommended
> after a
>
> period of              years      months.*
>
> 3.            Percentage of disability in his/her case is     percent.
>
> 4.            Sh./Smt./Kum     meets the following physical requirements
> for
>
> discharge of his/her duties:-
>
>
>
> (i)            F-can perform work by manipulating with fingers.    Yes/No
>
> (ii)           PP-can perform work by pulling and pushing.
> Yes/No
>
> (iii)          L-can perform work by lifting.         Yes/No
>
> (iv)          KC-can perform work by kneeling and crouching.      Yes/No
>
> (v)           B-can perform work by bending.    Yes/No
>
> (vi)          S-can perform work by sitting.        Yes/No
>
> (vii)         ST-can perform work by standing.  Yes/No
>
> (viii)        W-can perform work by walking.    Yes/No
>
> (ix)          SE-can perform work by seeing.      Yes/No
>
> (x)           H-can perform work by hearing/speaking.   Yes/No
>
> (xi)          RW-can perform work by reading and writing.           Yes/No
>
>
>
> (Dr          )        (Dr.               )    (Dr.                   )
>
> Member               Member               Chairperson
>
> Medical Board     Medical Board     Medical Board
>
>
>
> Countersigned by the Medical Superintendent / CMO/Head of Hospital (with
> seal)
>
>
>
> *Strike out which is not applicable.
>
>
>
> ANNEXURE -II
>
> RESERVATION ROSTER FOR PERSONS WITH DISABILITIES
>
>
>
> Year of| Recruitment
>
>
>
> Hi
>
>
>
> Cycle
>
> No.
>
> and
>
> Point
>
> No.
>
>
>
> Name of Post
>
>
>
> VH
>
> OH
>
> Whether identified
>
> suitable for Persons
>
> with Disabilities
>
> suffering from
>
> HH
>
>
>
> Unreserved or
>
> Reserved
>
>
>
> Name of the person appointed and date of appointment
>
>
>
> (8)
>
> Whether the person
>
> appointed is VH/HH/OH or None
>
>
>
> Remarks, if any.
>
>
>
> ***
>
>
>
> ! .      identified reserved, write VH/HH/OH, as the case may be, otherwise
> write UR Write VH, HH, OH or None, as the case may be.
>
> VH, HH, OH stand for visually handicapped, Hearing Handicapped and
> Orthopaedically Handicapped.
>
>
>
> ANNEXURE HI
>
>
>
> PWD Report I
>
>
>
> ANNUAL STATEMENT SHOWING THE REPRESENTATION OF THE PERSONS
>
> WITH DISABILITIES IN SERVICES (As on 1st January of the year)
>
>
>
> MINISTRY / DEPARTMENT ATTACHED / SUBORDINATE OFFICE:
>
>
>
> Group    Number of Employees
>
>                Total      In Identified posts              VH
> HH
> OH
>
> 1             2             3             4             5             6
>
> Group A
>
> GroupB                 1
>
> Group C
>
> Group D
>
> Total
>
> Note: (i) VH stands for Visually Handicapped (persons suffering from
> blindness or low vision)
>
> (ii) HH stands for Hearing Handicapped (persons suffering from hearing
> impairment) (iii)OH stands for Orthopaedically Handicapped (persons
> suffering from locomotor disability or cerebral palsy)
>
>
>
> ANNEXURE IV
>
> PWD REPORT II
>
> STATEMENT SHOWING THE NUMBER OF PERSONS WITH DISABILITIES APPOINTED DURING
> THE YEAR
>
> MINISTRY/DEPARTMENT   (For the Year        )
>
> ATTACHED / SUBORDINATE OFFICE:
>
>
>
>                DIB         IECT RECRUITMENT            PROMOTION
>
> Or\UUr  No. f r
>
> ifir          n vacant eserved :ies                        No. of
> Appointments Made             No. of vacai reservec               icies
> ., ..          No. of Appointments Made
>
> 1             VH          HH          OH          Total      In
>
> Identified Posts   VH          HH          OH          VH          HH
> OH          Total      In
>
> Identified Posts   VH          HH          OH
>
> i              2             3             4             5
> 6
> 7             8             9             10           11           12
> 13               14           15           16           17
>
> Group A
> NIL          NIL          NIL
>
>
> Group B
> NIL          NIL          NIL
>
>
> Group C
>
>
> Group D
>
>
> Note: (i) VH stands for Visually Handicapped (persons suffering from
> blindness or low vision)
>
> (ii)           HH stands for Hearing Handicapped (persons suffering from
> hearing impairment)
>
> (iii)          OH stands for Orthopaedically Handicapped (persons suffering
> from locomotor disability or cerebral palsy)
>
> (iv)          There is no reservation for persons with disabilities in case
> of promotion to Group A and B posts. However, persons with disabilities can
> be promoted to such posts, provided the concerned post is identified
> suitable for persons with disabilities.
>
>
>
> End of text.
> Time to meet up again!
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>
>
>
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> person sending the mail and AI in no way relates itself to its veracity;
>
> 2. AI cannot be held liable for any commission/omission based on the mails
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>


-- 
Avinash Shahi
M.Phil Research Scholar
Centre for The Study of Law and Governance
Jawaharlal Nehru University
New Delhi India

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