DOPT Order – FAQ on reservation to Persons with Benchmark Disabilities in posts/services under Central Government
No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personhel, 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:
| (a) | blindness and low vision | 1% |
|---|---|---|
| (b) | deaf and hard of hearing | 1% |
| (c) | locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy | 1% |
| (d) | autism, intellectual disability, specific learning disability and mental illness | 1% |
| (e) | multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness |
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)
Tel: 011- 23093074