Reservation: RBE No.126/2000 – Person With Disabilities
No.E(NG)II/2000/RC-2/13, dated 28.06.2000
SC No.4 to MC No.13
Sub: Clarification as to whether 3% reservation for person with disabilities could be with reference to identified posts only or to the total sanctioned strength in the cadre.
1. Further to Board’s letter No.E(NG)II/85/RC-2/74, dated 26.06.1986 (RBE No.114/1986) circulating a copy of DOP&T’s OM No. 36035/17/85-Estt (SCT), dated 01.04.1986, a copy of OM No.36035/4/99 Estt. (Res), dated 29.03.2000 received from the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel and Training), on the above subject is enclosed herewith for information and guidance.
2. Accordingly, 3% of the vacancies would continue to be reserved for persons or class of persons with disability with reference to total strength of the cadre in Group ‘C’ & ‘D’ posts as per the instructions issued vide Board’s letter No.E(NG)I/85/RC-2/74, dated 26.06.1986 (RBE No.114/1986), keeping in view the provisions of Section 72 of the PWD Act. However, in so far as Group ‘A’ & ‘B’ posts are concerned, 3% reservation as laid down in terms of DOP&T’s O.M. No.36035/16/91-Estt. (SCT), dated 18.02.1997 (copy enclosed) would be with reference to only the identified posts in a cadre in accordance with Section 33 of the said Act and not the total strength of a cadre.
Ministry of Personnel
Public Grievances and Pensions
Department of Personnel & Training
O.M No. 36035/4/99-Estt(Res), dated 29.03.2000
OFFICE MEMORANDUM
Sub: Clarification as to whether 3% reservation for persons with disabilities would be with reference to identified posts only or to the total sanctioned strength in the cadre.
1. The undersigned is directed to invite a reference to this Department’s O.M. No.36035/17/85-Estt (SCT), dated 01.04.1986, according to which 3% of the vacancies are required to be reserved for physically handicapped persons in Group ‘C’ & ‘D’ posts with reference to total strength of the cadre. However, according to the instructions contained in this Department’s O.M. No.36035/16/91-Est(SCT), dated 18.02.1997, 3% of the vacancies are required to be reserved for persons with disabilities in Group ‘A’ & ‘B’ Posts with reference to the identified posts in a cadre.
2. A question has been raised as to whether the percentage of vacancies not less than 3 are required to be reserved for persons or class of persons with reference to the total strength of the establishment in each Ministry/ Department/ Office or only in the posts identified for each disability, subject of course to the exemption of any establishment from the provisions of the Act, if felt necessary.
3. The matter has been examined in consultation with the Ministry of Law, Department of Legal Affairs. In accordance with the clarification given by that Ministry, 3% of the vacancies would continue to be reserved for persons or class of persons with disability with reference to total strength of the cadre in Group ‘C’ & ‘D’ posts as per the instructions issued vide this Department’s O.M. No.36035/17/85-Estt(SCT), dated 01.04.1986, keeping in view the provisions of the Section 72 of the PWD Act. However, in so far as Group ‘A’ & ‘B’ posts are concerned, 3% reservation as laid down in terms of this Department’s O.M. No.36035/16/91-Est(SCT), dated 18.02.1997 which were issued after the provisions of PWD Act came into force, would be with reference to only the identified posts in a cadre in accordance with Section 33 of the said Act and not the total strength of a cadre.
4. All the Ministries/ Departments, etc. are requested to bring the instructions on pre-page to the notice of all the heads of Departments and appointing authorities under their control for necessary compliance.
Download Railway Board Circular RBE No.126/2000
Forward reference ⇒ RBE No.