[AI] judgements required.

gautam gtm.agrawal at gmail.com
Wed Jul 21 08:08:47 EDT 2010


Hello Sir,
Infact, hon'ble high court of delhi in the matter of NFB vs UOI judged that
reservation of the PWD should be calculated not only on the basis of total
vacancies but on the basis of  3% of total cader strength of an
establishment. But for time being we should forget the said judgment which
has been stayed by the supreme court. So as on now the current status of
scheme of job reservation of government of India is as follows:

In group C & D 3% of total vacancies irrespective of identified and
unidentified jobs.  And in case of group A & B 3% only against identified
jobs. Copy of office memorandum of government of India dated 29.12.2005
containing consolidated instructions in regard with  job reservation  is
pasted below for your required reference.  

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.

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 Employment giving full justification for the
proposal. The grant of exemption shall be consider 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 physically requirement for all such jobs/posts
vide their notification no. 16-25/99.NI.I dated 3.5.2001. 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:

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.
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, be ensured that 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 wjll 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 pre-natal,
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 tor 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

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  l00
points shall be divided into three blocks, comprising the following points:

            1 st 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

( c) 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. 

( 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 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.

(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 for 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 AND 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
falls 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 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.

(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 0:!1 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
ImpainnentlPersons 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 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.
(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 1 st 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 performa 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 the
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.

29. All the Ministries/Departments are requested to bring the above
instructions to the notice of all appointing authorities under their
control.

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 PHOTO

This 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:

(i) BL-Both legs affected but not arms.
(ii) BA-Both arms affected (a) Impaired reach
                                         (b) Weakness of grip
(iii) 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 requirement 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

 

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.

 

 

 

 

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* If 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 an
Orthopaedically Handicapped.

______________________________

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

1

2

3

4

5

6

Group A

 

 

 

 

 

Group B

 

 

 

 

 

Group C

 

 

 

 

 

Group D

 

 

 

 

 

Total

 

 

 

 

 

 Note:

VH stands for Visually Handicapped (persons suffering from blindness or low
vision)
HH stands for Hearing Handicapped (persons suffering from hearing
impairment)
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

(For the Year ______)

 MINISTRY/DEPARTMENT
ATTACHED/SUBORDINATE OFFICE: 

GROUP

DIRECT RECRUITMENT

 

PROMOTION

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

GroupA

 

 

 

 

 

 

 

 

NIL

NIL

NIL

 

 

 

 

 

GroupB

 

 

 

 

 

 

 

 

NIL

NIL

NIL

 

 

 

 

 

GroupC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GroupD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Note:

VH stands for Visually Handicapped (persons suffering from blindness or low
vision)
HH stands for Hearing Handicapped (persons suffering from hearing
impairment)
OH stands for Orthopaedically Handicapped (persons suffering from locomotor
disability or cerebral palsy)
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.

____________________________________________________________________________
____________________________________________________

 

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




With kind regards,

Gautam Agarwal
President,
NFB, Karnataka







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