No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
dated the 25 March, 2019

Subject: Frequently Asked Questions (FAQs) on reservation to Persons with Benchmark Disabilities in posts/services under Central Government – reg.

This Department receives references from various Ministries/Departments seeking clarification on instructions with regard to reservation for Persons with Benchmark Disabilities issued vide OM of even number dated 15.1.2018; therefore, a set of Frequently Asked Questions (FAQs) have been answered as under for their use:

Q.1 Whether the reservation for Persons with Benchmark Disabilities are vacancy based or post based?

Answer: Reservation for. Persons with Benchmark Disabilities is vacancy based as per Section 34 of the Rights of Persons with Disabilities Act, 2016.

Q.2 What categories of specified disabilities are covered for reservation and what is the percentage allocation of reservation for each category of persons with benchmark disabilities?

Answer: As provided in Para .2 of the OM of even number dated 15.1.2018, categories of specified disabilities covered under reservation in posts and services of the Central Government vis-a-vis category wise percentage of reservation is as under:

Q.3 Whether the Persons with Benchmark Disabilities can apply against the posts, which are not identified suitable for Persons with Benchmark Disabilities?

Answer: Persons with Benchmark Disabilities can apply only against the posts identified suitable for the relevant category.

Q.4 Whether any priority has been given in selection to any category of
disability?

Answer: Priority has not been given in selection to any category of Persons with Benchmark disability.

Q.5 Whether a Benchmark Disability candidate can compete for appointment against an unreserved vacancies?

Answer: Yes, Benchmark Disability candidates can compete for appointment by direct recruitment against an unreserved vacancy if selected without relaxed standards along with other candidates for those posts/services which are identified suitable for them.

Q.6 Whether the vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts.

Answer: Yes, vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts. However, recruitment of persons with benchmark disabilities would only be against the category of posts identified suitable for them.

Q.7 Whether a separate roster is to be maintained for Persons with Benchmark Disabilities irrespective of the post based roster applicable for SC/ST/OBC?

Answer: Yes, every Central Government establishment shall maintain group-wise separate 100 point vacancy based reservation roster register in the prescribed format for determining/effecting reservation for the Persons with Benchmark Disabilities – one each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment and Group ‘C’ posts filled by direct recruitment.

Q.8 What to do with vacancies reserved for any particular category(s) of Persons with Benchmark Disabilities cannot be filled due to non-availability of a suitable candidate, or for any other sufficient reasons?

Answer: As per Section 34(2) of the Rights of Persons with Disabilities Act, 2016, if in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability.

(G. Srinivasan)
Director (Res)

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Ministry of Railways
Facilities By Indian Railways For Disabled Persons

07 MAR 2018

Provision/augmentation of amenities at stations, including those for Persons with Disabilities (Divyangjan) and elderly passengers is a continuous process. In order to provide better accessibility to Persons with Disabilities (Divyangjan) and elderly passengers, short term facilities as detailed below have been planned at all the stations:

• Standard ramp for barrier free entry.
• Earmarking at least two parking lots.
• Non-slippery walk-way from parking lot to building.
• Signages of appropriate visibility.
• At least one toilet (on the ground floor).
• At least one drinking water tap suitable for use by Persons with Disabilities (Divyangjan).
• ‘May I help you’ Booth.
  In addition, long term facilities as detailed below have been planned at ‘A-1’, ‘A’ & ‘B’ category stations:
• Provision of facility for inter-platform transfer.
• Engraving on edges of platform.

Details of railway stations provided with facilities for Persons with Disabilities (Divyangjan) are as under:

Railways has decided to provide escalators at all the A1, A & C category stations (footfall 25000 or above). Additionally railways has also planned to provide elevators at 500 more stations. About 3800 disabled friendly Integral Coach Factory (ICF) design coaches are available in the fleet of Indian Railways (IR). These coaches have a suitably designed compartment & toilet adapted to the needs of the disabled/Divyangs. More disabled friendly coaches shall be added to the fleet of IR in the coming years. It is endeavoured to have at least one such ICR design coach in each Mail/Express train running with ICF coaches. Further, the fully air conditioned (WRRMDAC) Garib Rath trains have been provided with an Air conditioned disabled friendly compartment in the power cars.

For the assistance of visually impaired travellers, Integrated Braille signages, i.e. signages superimposed with Braille scripts are being provided in the newly manufactured coaches of Indian Railways (IR). In addition, retro-fitment of the same in existing coaches has also been taken up in a phased manner.

Railways has provided 467 escalators at 171 railway stations and 318 elevators at 134 railway stations for senior citizens/disabled/ Divyangs.

This information was made available in reply to a question in Lok Sabha today.

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Instructions exist for provision of Wheel Chair at stations. This facility is provided, duly escorted by coolies (on payment) as per present practice.

Almost all the Mail/Express trains (except special type of trains like Rajdhani, Shatabdi, Janshatabdi, AC Special, Duronto) including Garib Rath trains have been provided with at least one disabled friendly coach. SLRD (Second Class Cum Luggage Cum Guard Van & Disabled friendly compartment) coaches and Power Cars for Garib Rath trains having provisions for PWD (Persons with Disability) Compartment with air-conditioning are already in service. These coaches have wider entrance doors for wheelchair access. Besides, following features are also provided:

i) Wider entrance doors of 920 mm width against 782 mm in conventional body side doors.

ii) Handrails on side walls for providing assistance to the disabled.

iii) Wider aisle of 1050 mm instead of usual 570 mm (the seats alongside the sidewall have been removed).

iv) Wider cushioned Berths – 707 mm instead of 607 mm in conventional coaches.

v) To accommodate wheel chairs, space between berths increased to 1201 mm against usual 542 mm.

vi) Larger Lavatory: 1947 mm square instead of 1540 mm x1189 mm.

vii) Wider lavatory door provided: 840 mm instead of usual 520 mm.

viii) Additional grab rails provided in the lavatory.

ix) Lower height of wash basin and mirror in the toilet.

Zonal Railways have been authorised to introduce ‘Battery Operated Vehicles’ at major Railway Stations for Disabled, Old Aged and sick Passengers on first come first served basis through sponsorship from individuals, NGOs, trusts, Charitable institutions, Corporates and PSUs/Corporate Houses under their Corporate Social Responsibility with no charge to passenger or to the Railway.

Provision/augmentation of amenities at stations, including those for differently abled passengers is a continuous process. In order to provide better accessibility to differently abled passengers, short term facilities as detailed below have been planned at all stations:

· Standard ramp for barrier free entry.

· Earmarking at least two parking lots.

· Non-slippery walk-way from parking lot to building.

· Signages of appropriate visibility.

· At least one toilet (on the ground floor).

· At least one drinking water tap suitable for use by differently-abled persons.

· ‘May I help you’ Booth.

In addition, long term facilities as detailed below have been planned at ‘A-1’, ‘A’ & ‘B’ category stations:

· Provision of facility for inter-platform transfer.

· Engraving on edges of platform.

Instructions have been issued to zonal railways for providing above facilities at all ‘A-1’ category stations by July 2016 and to provide all identified short term facilities at 50% of stations by March 2018.

This Press Release based on information given by the Minister of State for Railways Shri Manoj Sinha in a written reply to a question in Rajya Sabha on 29.04.2016 (Friday).

PIB

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Allotment of Land to Physically Handicapped

3% reservation in allotment of the shops/stalls is provided by the Directorate of Estates, Ministry of Urban Development, for physically handicapped persons. As per Delhi Development Authority’s (DDA) policy, 5% shops/stalls are reserved for the persons with disabilities as defined in Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995. Shops are allotted at Reserve Price through computerized draw of lots by the DDA.

Office of Chief Commissioner for Persons with Disabilities has stated that it has not received any complaint regarding non-formulation of schemes for preferential allotment of land at concessional rates to disabled persons for setting up business, houses, etc., in Delhi during the last three years.

However, in 2003, Chief Commissioner for Persons with Disabilities on the basis of a complaint received in 1999, vide order dated 27/06/2003 directed DDA to frame scheme in favour of Persons with Disabilities for preferential allotment of houses/land at concessional rate. Accordingly on 19.04.2004, DDA framed the existing policy for preferential allotment of houses/land to persons with disabilities.

Further on 09.10.2006, the Ministry of Urban Development (Delhi Division) reviewed the said policy of DDA and framed the existing policy for preferential allotment of houses/land to persons with disabilities in terms of Section 43 of the PwD Act, 1995.

Regarding the details of complaints received by Commissioner (Disability), Delhi, the information is not centrally maintained by this Ministry.

This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Lok Sabha here today.

PIB

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(i) blindness or low vision

(ii) hearing impairment

(iii) locomotor disability or Cerebral Palsy

(iv) leprosy cured

(v) mental retardation

(vi) mental illness and
(vii) multiple disabilities.

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No.36012/24/2009-Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 3rd December 2013

OFFICE MEMORANDUM

Subject: Reservation for persons with disabilities- Computation of reservation – Implementation of the judgement of Hon’ble Supreme Court in the matter of Union of India & Anr. Vs. National Federation of Blind & Ors.

The undersigned is directed to refer to this Departments OM No.36035/3/2004-Estt.(Res) dated 29.12.2005, a copy of which is enclosed for ready reference, through which this Department had issued consolidated instructions regarding reservation for persons with disabilities. The instructions were in consonance with the provisions of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995.

2. Para 13 of the Office Memorandum of 29.12.2005 provides that reservation for persons with disabilities in case of direct recruitment as well as promotion for Group C and Group D posts shall be computed on the basis of total number of vacancies occurring in Group C and 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. Para 14 of the said O.M. provides that 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.

3. The Hon’ble Supreme Court in its judgement dated 8.10.2013 in the matter of Civil Appeal No.9096 of 2013 (arising out of SLP (Civil) No.7541 of 2009) titled Union of India & Anr. Vs. National Federation of Blind & Ors. has, inter-alia, held :

“Thus, after thoughtful consideration, we are of the view that the computation of reservation for persons with disabilities has to be computed in case of Group A, B, C and D posts in an identical manner viz., “computing 3% reservation on total number of vacancies in the cadre strength” which is the intention of the legislature.”

4. The Hon’ble Supreme Court has, inter alia, directed that the following action be taken in order to ensure proper implementation of the reservation policy for the disabled and to protect their rights:-

(i) to issue an appropriate order modifying the O.M. dated 29.12.2005 and the subsequent O.Ms consistent with this Court’s Order within three months from the date of passing of the judgement.

(ii) the “appropriate Government” to compute the number of vacancies available in all the “establishments” and further identify the posts for disabled persons within a period of three months from today and implement the same without default.

(iii) the DoPT shall issue instructions to all the departments/public sector undertakings/Government companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and Nodal Officer in department/public sector undertakings/Government companies, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default.

5. Keeping in view the directions of the Hon’ble Supreme Court, Para 14 of the OM dated 29.12.2005 is modified to the following extent:

“Reservation for persons with disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group A posts or Group ‘B’ posts respectively, in the cadre.”

6. Other provisions of the OM viz. quantum of reservation, horizontality of reservation, effecting reservation and maintenance of rosters etc. would remain the same.

7. All the Ministries/Departments/Organisations of the Government of India are requested to compute the number of vacancies available in all the cadres under their control including attached offices, subordinate offices, public sector undertakings, Government companies, cantonment Board etc. in the aforesaid manner and further identify the posts for disabled persons within a period of three months from the date of the judgement of the Hon’ble Supreme Court (i.e. 8.10.2013) and implement the same without default.

8. This is for strict compliance in accordance with the directions of the Hon’ble Supreme Court in respect of all the Ministries/Departments including their Public Sector Undertakings/Government companies, Cantonment Boards etc. Non-observance of the provisions of reservation for persons with disabilities shall be considered as an act of disobedience and the Nodal Officer concerned in Department/Public Sector Undertaking/Government company, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default.

sd/-
(G. Srinivasan)
Deputy Secretary to the Government of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/cscms.pdf]

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 SUPREME COURT DIRECTS CENTRE, STATES TO RESERVE 3% GOVERNMENT JOBS FOR DISABLED PERSONS.

The Supreme Court on Tuesday directed the Centre and all state governments to provide three per cent job reservation to disabled persons in all their departments, companies and institutions.

A bench headed by Chief Justice P Sathasivam also clarified that the principle of not exceeding more than 50 per cent reservation would not be applicable while granting quota for disabled persons.

The apex court directed the authorities to compile the number of vacancies in all their departments to give jobs to disabled persons under three per cent reserved quota within three months.

The bench said it is an “alarming reality” that disabled persons are not getting jobs because of various social barriers forcing them to live life in poverty and negligence.

It said the government has “categorical obligation” to protect the right of disabled persons and passed a slew of directions for providing jobs to them.

Source: confederationhq.blogspot.in

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Indian Railways grant concession to four categories of disabled persons in extreme cases i.e. (i) Orthopedically Handicapped/Paraplegic persons who cannot travel without escort (ii) Mentally Retarded persons who cannot travel without escort (iii) Completely Blind persons travelling alone or with escort and (iv) Totally Deaf and Dumb persons (both afflictions together in the same person) travelling alone or with escort. One escort is also granted same concession. Concessions are granted at stations on surrendering the copy of prescribed disability certificate.

No age limit has been prescribed for eligibility of concession in the case of disabled persons. Indian Railways grant concessions to disabled persons on production of prescribed disability certificate irrespective of age.

This information was given by the Minister of State for Railways Shri Adhir Ranjan Chowdhury in written reply to a question in Lok Sabha today.
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