Reservations- Provisions in ‘A’ and ‘B’ category jobs

Reservation of vacancies for Physically Handicapped persons

• Additional Memorandum: 36035/16/91Estt. (SCT) : 18/02/1997
• Reservations of Posts and services: No.36035/16/91-Estt (SCT):: 18/02/1997

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

1. 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

1. blindness or low vision;
2. hearing impairment;
3. locomotor disability or cerebral palsy, in the posts identified for each disability.

1. With the enactment of this law, the reservation to Physically Handicapped stood extended to identified Group A & B posts filled through Direct Recruitment.
2. 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.
3. 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.
4. 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.

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