CONSOLIDATED INSTRUCTIONS OF DOP&T ON 3% RESERVATION
No.336035/3/2004-Estt (Res) GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & 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
- 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 (i) blindness or low vision, (ii) hearing impairment and (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 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.
- The nomenclature used for any job/post shall mean and include nomenclature used for other comparable jobs/posts having identical functions.
- 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.
- If a job/post identified for persons with disabilities is shifted from one group or grade to another group or grade due to change in the pay-scale or otherwise, the job/post shall remain identified.
- total absence of sight; or
- visual acuity not exceeding 6/60 or 20/200(snellen) in the better eye with correcting lenses; or
- limitation of the field of vision subtending an angle of 20 degree or worse;
- 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.
- Each register shall have cycles of 100 points and each cycle of l00 points shall be divided into three blocks, comprising the following points:
1st Block -point No.1 to point No.33 2nd Block -point No.34 to point No.66 3rd Block -point No.67 to point No.100
- Points I, 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 I, 34 and 67 will be reserved keeping in view all relevant facts.
- 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 I, 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.
- 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.
- After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start.
- 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.
- 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 for the posts filled by direct recruitment and another for posts filled by promotion.
- 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.
- 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.
- 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.
- 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 .
- 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.
- 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.
- Upper age limit for 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 'D' 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.
- 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.
- Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen/Persons suffering from Blindness or Low Vision/Persons suffering from Hearing ImpainnentlPersons suffering from Locomotor Disability or Cerebral Palsy should be indicated clearly.
- 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 low 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.
- In case of vacancies in posts identified suitable for persons with disabilities, irrespective of whether any vacancies are reserved or
- 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.
- 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.
- 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 1 st January of the year, and
- 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.
- 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.
- The attached/subordinate offices shall send information to their administrative Ministry/Department only and shall not send it direct to this Department.
- The figures in respect of persons with disabilities shall include persons appointed by reservation as well as appointed otherwise.
- 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 the figures relating to the Class of service to which the higher grade belongs.
Sd/- (K.G. Verma) Deputy Secretary to the Govt. of India
ANNEXURE I NAME & ADDRESS OF THE INSTITUTE/HOSPITAL Certificate No. ______________________ Date:__________ DISABILITY CERTIFICATE
AFFIXED PASS PORT PHOTOThis is certified that Shri/Smt/Kum________________son/wife/daughter of Shri______age _______sex___ identification marks (s)________is suffering from permanent disability of following category: A. Locomotor or cerebral palsy:
- BL-Both legs affected but not arms.
- BA-Both arms affected (a) Impaired reach (b) Weakness of grip
- OL-One leg affected (right or left) (a) Impaired reach (b) Weakness of grip (c) Ataxic
- OA-One arm affected (a) Impaired reach (b) Weakness of grip (c) Ataxic
- BH-Stiff back and hips (cannot sit or stoop)
- MW-Muscular weakness and limited physical endurance.
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||Cycle No. and Point No.||Name of Post||Whether identified suitable for Persons with Disabilities suffering from||Unreserved or Reserved *||Name of the person appointed and date of the appointment||Whether the person appointed is VH/HH/OH or none **||Remarks if any.|
ANNEXURE-III PWD Report-I ANNUAL STATEMENT SHOWING THE REPRESENTATION OF THE PERSONS WITH DISABILITIES IN SERVICES (As on 1st January of the year)
|Group||Number of Employees|
|Total||In Identified Posts||VH||HH||OH|
ANNEXURE IV PWD REPORT II STATEMENT SHOWING THE NUMBER OF PERSONS WITH DISABILITIES APPOINTED DURING THE YEAR (For the Year ______)MINISTRY/DEPARTMENT ATTACHED/SUBORDINATE OFFICE:
|No. of vacancies reserved||No. of Appointments made||No. of vacancies reserved||No. of Appointments made|
|VH||HH||OH||Total||In Identified Posts||VH||HH||OH||VH||HH||OH||Total||In Identified Posts||VH||HH||OH|
No. 36035/8/2003-Estt (Res) GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING ***************
New Delhi, Dated the 26th April, 2006
OFFICE MEMORANDUM Sub: Reservation for the Persons with Disabilities -----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) hearing impairment and (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 achieve this objective, all the establishments should prepare the reservation roster registers as provided in this Department's O.M. No. 36035/3/2004-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 O.M. 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 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 occuring 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, whereafter 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 aforsaid 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. 4. Contents of this O.M. may be brought to the notice of all concerned.
Sd/- (K.G.Verma) Dy. Secretary to the Govt. of India