No.36035/02/2017-Estt (Res) GOVERNMENT OF INDIA

4 · 1 In the category of posts which are identified suitable for persons with benchmark disabilities , a person with benchmark disability cannot be denied the right to compete for appointment by direct recruitment against an unreserved vacancy: Thus a person with benchmark disability can be appointed by direct recruitment against vacancy not K3: 8xJ_ 070,

6 · 1 The number of posts to be reserved for persons with benchmark disabilities in case of Group C posts shall be computed on the basis of total number of vacancies in the cadre strength of Group C posts, in the establishment; although the recruitment of the persons with benchmark disabilities would only be against the category of posts identified suitable for them: The number of vacancies to be reserved for the persons with benchmark 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 category of posts under the establishment Since reservation, wherever applicable, for Persons with Benchmark Disabilities is provided computing total number of vacancies in the cadre strength in identified category of posts as well as unidentified category of posts, it may be possible that number of persons appointed by reservation in an identified category of post may exceed four per cent:

6 · 2 Reservation for persons with benchmark 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 the cadre in all the Group A' posts or Group 'B' posts respectively, and the computation of total vacancies shall include vacancies arising in the identified and non-identified category of posts. EFFECTING RESERVATION MAINTENANCE QF ROSTERS:

7 · 1 Every Government establishment shall maintain group-wise a separate vacancy based 100 point vacancy based reservation roster register in the format given in Annexure for determiningleffecting 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:

7 · 2 Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following points: Ist Block point No. 01 to point No. 25 2nd Block point No. 26 to point No. 50 3rd Block point No. 51 to point No. 75 4th Block point No. 76 to point No.100 4. fu_Jo"= YLA 2

7 · 3 Points 1 26, 51 and 76 of the rostershall be earmarked for_persons with benchmark disabilities one point each for four respective categories of disabilities. The Head of the establishment shall ensure that vacancies identified at SI. No.1, 26,51 and 76 are earmarked for the respective categories of the persons with benchmark disabilities However; the Head of the establishment shall decide the placement of the selected candidate in the roster register. 7.4 AlI the vacancies arising irrespective of vacancies reserved for Persons with Benchmark Disabilities shall be entered in the relevant roster If the vacancy falling at point no 1 is not identified for the Person with Benchmark Disability or the Head of the establishment considers it desirable not to fill it up by Persons with Benchmark Disabilities or it is not possible to fill up that post by the Persons with Benchmark Disabilities for any other reason, one of the vacancies falling at any of the points from 2 to 25 shall be treated as reserved for the person with benchmark disability and filled as such:

7 · 5 Likewise, a vacancy falling at any of the points from 26 to 50 or from 51 to 75 or from 76 to 100 shall have to be filled by the Persons with Benchmark Disabilities, The purpose of keeping points 1, 26, 51 and 76 as reserved is to fill up the first available suitable vacancy. 7.6 There is a possibility that none of the vacancies from 1 to 25 is suitable for any category of the person with benchmark disability. In that case two vacancies from 26 to 50 shall be filled as reserved for persons with benchmark disabilities. If the vacancies from 26 to 50 are also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 51 to 75. This means that if no vacancy can be reserved in a particular block; it shall be carried over into the next block 7.7 After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start

7 · 8 If the number of vacancies in a year is such as to cover only one block (Say 25 vacancies) or two (say 50 vacancies), the category of the persons with benchmark disabilities should be accommodated as per the roster points. However , in case, the said vacancy is not identified for the respective category, the Head of the establishment shall decide the category on the basis of the nature of the post;, the level of representation of the specific disabled category in the concerned gradelpost etc. 8 WNTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE QF DIRECT RECRUITMENT:

8 · 1 Where in any recruitment year ay vacancy cannot be filled up due to availability of a non suitable person with benchmark disability or for any other sufficient reason, 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 following four categories of disabilities, at one percent each to each category: (A

23 · autism, intellectual disability, specific learning disability and mental illness; multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness, 8.2 Only when there is no person with benchmark 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 benchmark disability. 8.3 If the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged with the prior approval of Department of Empowerment of Persons with Disabilities, among the above mentioned four categories. 8.4 If any vacancy reserved for any category of benchmark disability cannot be filled due to non-availability of a suitable person with that benchmark disability Or, for any other sufficient reason, such vacancy shall be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year. 8.5 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 benchmark disability is not available, it may be filled by interchange among the categories of benchmark disabilities identified for reservation. In case no suitable person with benchmark disability is available for filling up the vacancy in the succeeding year also, the employer may fill up the vacancy by a person other than a person with benchmark disability. If the vacancy is filled by a person with benchmark disability of the category for which it was reserved or by a person of other category of benchmark 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 benchmark 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. 8.6 The Government establishment shall interchange vacancies only if due process of recruitment viz. proper advertisement of vacancy to fill up the vacancies reserved for persons with benchmark disabilities has been complied with. 8.7 In order to ensure that cases of lapse of reservation are kept to the minimum_ any recruitment of the persons with benchmark disabilities 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 current vacancies would be carried forward if not filled up provided that in every recruitment; the number of vacancies reserved for Persons with Benchmark Disabilities including carried forward vacancies will be announced beforehand, for the information of all aspirants. ( G_Jobo

9 · 1 Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with benchmark disabilities and ex-servicemen is called horizontal reservation: Horizontal reservation cuts across vertical reservation (in what is called interlocking reservation) and persons selected against the quota for persons with benchmark disabilities have to be placed in the appropriate category viz. SCISTIOBCIUnreserved 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 benchmark disabilities and out of two persons with benchmark disabilities appointed, one belongs to Scheduled Caste and the other belongs to Unreserved category, then the SC candidate with benchmark disability shall be adjusted against the SC point in the reservation roster and the Unreserved candidate with benchmark disability against unreserved point in the relevant reservation roster: In case none of the vacancies falls on point reserved for the SCs, the candidate under benchmark disability belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs. 9.2 Since the persons with benchmark disabilities have to be placed in the appropriate category viz. SCISTIOBCAnreserved 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 benchmark disabilities to indicate whether they belong to SCISTIOBC or Unreserved. Thus, reservation for persons with benchmark disabilities is horizontal.

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11 · 1 If sufficient number of candidates with benchmark disabilities candidates 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 on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. However, this provision shall not be used to allow any relaxation in the eligibility criteria laid down for the issuance of certificate of disability. G f_yaa_

11 · 2 Same relaxed standard should be applied for all the candidates with Benchmark Disabilities whether they belong to Unreserved/SCISTIOBC. No further relaxation of standards will be considered or admissible in favour of any candidate from any category whatsoever.

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13 · ANNUAL REPORTS REGARDING REPRESENTATION OF PERSONS WITH BENCHMARK DISABILITIES:

14 · 1 Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer.

14 · 2 The Grievance Redressal Officer shall maintain a register of complaints of persons with disabilities with the following particulars, namely: -

14 · 3 Any person aggrieved with any matter relating to discrimination in employment against any person with disability may file a complaint with the Grievance Redressal Officer of the respective Government establishment:

14 · 4 Every complaint filed as per Para 14.3 above, shall be inquired into within two months of its registration and outcome thereof or action taken thereon shall be communicated to the complainant Person with Benchmark Disability. S_Jo >a~

15 · AIl the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control:

4 · 8vJoBa~ (G. Srinivasan) Deputy Secretary to the Govt. of India Ph.No.011-23093074