Reservation to the Persons with Disabilities in posts in Government Establishments

Section 33 of the Persons with Disabilities Act, 1995 provides for reservation of not less than three per cent of vacancies in identified posts, by appropriate Governments, for persons with disability, of which one per cent each is to be reserved for persons suffering from

1. blindness or low vision
2. hearing impairment
3. locomotor disability or cerebral palsy.

As per Allocation of Business Rules, 1961, reservation of posts in the Govt., for certain classes of citizens is the concern of Department of Personnel & Training (DOPT). For consolidated instructions on the subject of reservation to persons with disabilities, issued by DOPT vide No. 36035/3/2004-Estt(Res) Dated December 29, 2005, View Complete details about Reservation to the Persons with Disabilities (External website that opens in a new window).

Lists of identified posts for the Persons with Disabilities

Ministry of Social Justice and Empowerment, in pursuance of the provisions of Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 {1 of 1996}, had constituted an Expert Committee on the 8th February, 2005 under the Chairmanship of Additional Secretary, Ministry of Social Justice and Empowerment.

The Expert Committee, with the help of three sub-committees, made an in-depth study of various jobs performed in Government offices, public sector undertakings and autonomous bodies including Universities. The Sub-committees also reviewed jobs notified through notification No.16-25/99-NI.I dated the 31st May, 2001 and prepared a detailed list of Groups A,B, C and D posts which were identified suitable for persons with disabilities. The lists have since been published vide Notifications No. 16-70/2004-DDIII dated 18th January, 2007, 15th March, 2007 and 22nd March, 2007.

• Notification Group ‘A’ and ‘B’
  • Group A – Posts identified for Persons with Disabilities (300 KB) (PDF file that opens in a new window)
  • Group B – Posts identified for Persons with Disabilities (176 KB) (PDF file that opens in a new window)

• Notification Group ‘C’ (29 KB) (PDF file that opens in a new window)
  • Group ‘C’ – Part I Posts identified for Persons with Disabilities (1.2 MB) (PDF file that opens in a new window)
  • Group ‘C’ – Part II Posts identified for Persons with Disabilities (33 KB) (PDF file that opens in a new window)

• Notification Group ‘D’ (30 KB) (PDF file that opens in a new window)
  • Group ‘D’ – Posts identified for Persons with Disabilities (423 KB) (PDF file that opens in a new window)

These lists supersede the list of posts notified through No. 16-25/99-NI.I dated the 31st May, 2001. The list of posts notified by the Ministry of Social Justice & Empowerment is, however, not an exhaustive list and Ministries / Departments / Public Sector Undertakings / autonomous bodies etc. may further supplement the list.

RESERVATION OF JOBS & OTHER FACILITES FOR DISABLED PERSONS

1. Reservations in Gr ‘C’ & ‘D’ Posts :As per the order of Government of India reservation of 3% in jobs have been made in Gr.’C’ & Gr.’D’ posts for the PH persons. The category of handicapped persons benefited are the blind, the deaf and the O.H. persons as given below :

   For effective implementation of the reservation it has been adviced to maintain a roaster of vacancies arising in Gr.’C’ and Gr.’D’ posts from the year to year. This 34th vacancy may be earmarked, for the blind. Similarly, the 67th vacancy and 100th vacancy would be reserved for the Deaf & the OH respectively in a cycle of 100 vacancies (Annexure-VIII & Annexure-IX(A) & Annexure-IX(B).

2. A revised instruction is also issued regarding the reservation for PH persons in various posts/ services. As per the instructions, persons with disability will be given preference at the time of recruitment in the identified Gr.’A’ and ‘B’ posts. Other details including identification of posts, calculation of the number of vacancies, etc., are given in the instruction (Annexure-IX(C)).
3. Definitions of disabled for the purpose of reservationTHE BLIND The blind are those who suffer from either of the following conditions :
   1. Total absence of sight;
   2. Visual acuity not exceeding 6/ 60 or 20/ 200 (snellen) in the better eye with correcting lenses;
   3. Limitation of the field of vision subtending an angle of 20 degrees or worse.

   THE DEAF

   The Deaf are those in whom the sense of hearing is non-functional for ordinary purposes of life. They do not hear and understand sounds at all events with amplified speech. The cases included in this category will be those having hearing loss than 90 decibles in the better ear (profound impairment) or total loss of hearing in both ears.

   THE ORTHOPAEDICALLY HANDICAPPED

   The orthopaedically handicapped are those who have a physical defect or deformity which causes an interference with the normal functioning of the bones, muscles and joints.

4. Identification of jobs : In order to implement these reservations, without loss of productivity some posts are identified disability wise. (Annexure-X).To insure sufficient recruitment of blind persons separate list has been identified for the blind and partially blind persons (Annexure-XI).
5. Posting of handicap candidates : As per the decision of Government of India Gr.’C’ & Gr.”D” posts recruited on regional basis and who are physically handicapped may be given posting as far as possible near to their native place within the region subject to administrative constants PH employees may be given preference in transfer case near to their native place (Annexure-XII).
6. Relaxation of ban order on recruitment to vacancies earmarked for PH persons : As per the Government order regarding ban on filling up of non-operational vacant post will not be applicable in case of reserve vacancies to be filled up for PH persons (Annexure-XIII).
7. Carry forward of vacant posts under reserve category : As per the Government order if a reserve category of person is not available or the nature of vacancy in an office is such that the given category of person cannot be employed then the post may be carried forward for a period of 3 subsequent years. (Annexure-XIV).
8. Appointment of VH persons as canner in Government Deptt. : As per the decision of Government of India it has been instructed that recanning of chairs in Government offices should be done by blind persons as far as possible when the volume of work require a full time chair canner then a suitable post may be created in consultation with the Finance (Annexure-XV & Annexure-XVI).
9. Instruction to appointing authority for intimating vacancies reserved for handicap : As per the existing instruction of the Government all the vacancies in Gr.’C’ and ‘D’ irrespective of their nature and duration are to be notified to the Employment Exchange and also to be filled through the agency unless filled through UPSC/ SSC. It has also been decided that all the appointee should send their request to Employment Exchange/ Special Employment Exchange nearest Vocational Rehabilitation Centres for P.H.for nominating suitable handicapped persons. (Annexure-XVII).
10. Age Concession to PH persons : As per the Government order it has been decided to extend the age concession of 10 years in favour of handicap persons to recruitment to posts filled through the SSC and through Employment Exchange in Gr.’C’ & Gr.’D’ posts (Annexure-XVIII & Annexure-XIX).
11. Relaxations in typing qualifications : As per the order PH persons who are otherwise eligible for appointment to posts of LDC but cannot be so appointed for being unable to satisfy the typing qualifications due to their disability may be exempted from the typing qualification for appointment (Annexure-XX).
12. Consideration for confirmation in job for blind person : It has been instructed to all the Ministries/ Deptt. Of Government of India that there should not be any delay in confirmation of officers including Blind persons on account of administrative delay. Ministry/Department should ensure, especially in which blind persons are employed that confirmations is made without delay and at appropriate time (Annexure-XXI).
13. Reservation for PH persons in posts filled by promotion : As per the order handicapped persons may be promoted to Gr.’C’ from Gr.’D’ and within Gr.’C’ against the identified post if they are capable of being filled/held by the appropriate category of PH (Annexure-XXII(A), Annexure-XXII(B), and Annexure-XXII(C)).
14. Exemptions from payment of examinations fee : As per the order PH persons recruited to Gr.’B’ and Gr.’C’ posts advertised by the UPSC & SSC will be exempted from the payment of applications and examination fee as prescribed by UPSC/ SSC (Annexure-XXIII).
15. Appointment of Liaison Officer : As per the order a Liaison Officer appointed to look after the reservation of SC/ ST would also be the liaison officer for reservation matters relating to PH, Ex-servicemen and other backward classes.(Annexure-XXIV).

Source : http://www.india.gov.in/outerwin.php?id=http://rehabcouncil.nic.in/olink/rights_privileges2.htm#jobs