Jobs in Category 'A' & 'B'
Reservation of vacancies for Physically Handicapped persons
Additional Memorandum
36035/16/91Estt. (SCT)
Government Of India
Ministry Of Personnel Publlc Grievances And Pensions
Department Of Personnel & Training
New Delhi
Dated 18.2.97
OFFICE MEMORANDUM Subject:
Reservation for the physically handicapped persons in Group A and
B posts/ services under the Central Govt.
The undersigned is directed to invite attention to this Department's
O.M. No. 36035/16/91Estt. (SCT) dated 18.2.97 on the above subject
and to say that it has been represented before the Government that
the earmarking of points No. 33, 67 & 100 in the prescribed
register for reservation for the physically handicapped would mean
that the physically handicapped candidates may have to wait for
a long time to get their turn for promotion. The suggestion has
been considered and it has now been decided, in partial modification
of the O.M. cited above, that the points number 1, 34 & 67 in
cycle of 100 vacancies in the 100 point register may be earmarked
for reservation for physically handicapped. The other instructions
contained in the afore said O.M. remain unchanged. (Y. G.
Parande)
To
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All Ministries/Departments of the Government of India.
Reservations of Posts and services
No.36035/16/91-Estt (SCT)
Government of India
Department of personnel and Training
Ministry of Personnel, Public Grievances & Pension
Dated the 18th Feb. 1997
Office Memorandum Subject:
Reservation for physically handicapped persons in Group A and B
posts/services under the Central Government
The undersigned is directed to state that Section 33 of the Persons
with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 provides that Government shall appoint
in every establishment such percentage of vacancies not less than
3% for persons or class of persons with disability of which 1% each
shall be reserved for persons suffering from
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blindness or low vision;
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hearing impairment;
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locomotor disability or cerebral palsy, in the posts identified
for each disability.
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With the enactment of this law, the reservation to Physically
Handicapped stood extended to identified Group A & B posts
filled through Direct Recruitment.
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For effecting the reservation for Physically Handicapped in
Group A & B posts, a separate register of 100 points will
be maintained in each identified post filled through Direct
Recruitment in which point No. 33, 67 and 100 will be reserved
for Physically Handicapped. Each Head of Department may start
the point No. 33 with any category of disability. However, it
must be ensured that there is proper rotation of reservation
among the categories of disabilities if the post is identified
for more than one category of disability. The physically Handicapped
persons appointed under reservation provided for them as per
the point in the above mentioned register should be placed in
appropriate category, viz. SC/ST/General candidates depending
upon the category to which they belong in the reservation roster.
This is because the utilization of the reservation point will
be in accordance with the principles of interlocking of vertical
and horizontal reservation laid down in the Supreme Court Judgment
in Indira Sawhney's case (W.P. No. 930 of 1990). The reservation
for SC/ST/OBCs, which is additive, is called vertical reservation
and the reservation for physically Handicapped persons is termed
as Horizontal reservation. The horizontal reservation cuts across
the vertical reservation (what is called inter-locking reservation)
and the person selected against the physically Handicapped quota
will have to be placed in the appropriate category i.e. if he
belongs to SC category he will be placed in that quota by making
necessary adjustment and similarly, if he belongs to open competition
category he will be placed in that category.
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It may also be mentioned that with a view to properly identifying
the Group A & B posts considered suitable for reservation,
and also to review the identification done in 1986, (vide this
Department's O.M. No.36034/4/86-Estt.(SCT) dated 25.11.1996)
in the light of subsequent experience, an Expert Committee is
proposed to be set up shortly. Orders on this will follow.
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All the Ministries/Department's are requested to bring the
above instructions to the notice of all the Heads of Department
and appointing authorties under their control for necessary
compliance.
(Y. G. Parande)
Director
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