Frequently Asked Questions (FAOs) on the policy of reservation to Persons with Disabilities
Q.1 What is poicy of the Government on reservation for Persons with Disabilities?
Ans :Reservation to Persons with Disabilities is provided in line with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in posts and services under the Government of India.
Three percent of the vacancies in case of direct recruitment to Group A,B,C and 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 per cent of 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 of cerebral palsy in the posts identified for each disability.
Q.2. What is the provision for exemption from reservation to Ministries/Departments?
Ans : 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 Empowerment giving full Justification for the proposal. The grant of exemption shall be considered by an Inter-Department Committee set up by the Ministry of Social Justice and Empowerment.
Q.3. What are the definitions of Disabilities?
Ans: 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 (sneelen) 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 characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, per-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”.
Q.4. What should be the degree of disability for claiming reservation in posts/services under the Central Government?
Ans: 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 or reservation would have to submit a Disability Certificate issued by a competent authority.
Q.5. Who is the competent authority to issue Disability Certificate?
Ans : 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 lease three members out of which at least one shall be a specialist in the particular field for assessing locomotor / cerebral / visual / hearing disability, as the case may be.
The Medical Board shall, after the 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 chances of variation in the degree of disability. The Medical Board shall indicate the period of validity of the certificate, in cases where three were 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.
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.
An Employee who acquires disability after entering into service will be entitled to get the benefit of reservation as a person with disability form the date he produces a valid certificate of disability.
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