RESERVATION FOR PERSONS WITH DISABILITIES

IN
SERVICES
 SECTION 2. DEFINITIONS
(r) “person with benchmark disability”
means
a person with not less than forty per cent. of a
specified disability where specified disability
has not been defined in measurable terms
and
includes a person with disability where
specified disability has been defined in
measurable terms, as certified by the
certifying authority.
 SECTION 2. DEFINITIONS

(s) “person with disability”

means
a person with long term
physical,
mental,
intellectual or
sensory impairment
which, in interaction with barriers, hinders his
full and effective participation in society equally
with others.
 SECTION 20. NON-DISCRIMINATION IN
EMPLOYMENT
(1) No Government establishment shall
discriminate against any person with disability
in any matter relating to employment:

Provided that the appropriate Government

may, having regard to the type of work carried
on in any establishment, by notification and
subject to such conditions, if any, exempt any
establishment from the provisions of this
section.
 SECTION 20. NON-DISCRIMINATION IN
PROMOTION

(3) Promotion shall not be denied to a

person merely on the ground of disability.
SECTION 20. NON-DISCRIMINATION IN EMPLOYMENT

(4) No establishment shall dispense with or reduce in

rank, an employee who acquires a disability during his
or her service:
If an employee after acquiring disability is not suitable
for the post he was holding, shall be shifted to some
other post with the same pay scale and service
benefits:
If it is not possible to adjust the employee against any
post, he may be kept on a supernumerary post until a
suitable post is available or he attains the age of
superannuation, whichever is earlier.
 SECTION 33. IDENTIFICATION OF POSTS FOR
RESERVATION
The appropriate Government shall—
(i) identify posts in the establishments which can
be held by respective categories of persons with
benchmark disabilities;
(ii) constitute an expert committee with
representation of persons with benchmark
disabilities for identification of such posts; and
(iii) undertake periodic review of the identified
posts at an interval not exceeding three years.
 SECTION 34. RESERVATION

(1) Not less than four per cent of the total

number of vacancies in the cadre strength
in each group of posts shall be filled with
persons with benchmark disabilities.
 SECTION 34. RESERVATION

One per cent vacancies each shall be reserved

for persons with benchmark disabilities of
(a) blindness and low vision;
(b) deaf and hard of hearing; and
(c) locomotor disability including cerebral palsy,
leprosy cured, dwarfism, acid attack victims and
muscular dystrophy;
 Cerebral Palsy
A disability resulting from damage to the
brain before, during, or shortly after birth
and outwardly manifested by muscular
incoordination and speech disturbances

Muscular Dystrophy
A serious disease that causes increasing
weakness of muscles
 SECTION 34. RESERVATION

AND
one per cent. vacancies shall be reserved for persons
with benchmark disabilities under clauses (d) and (e)
below:

(d) autism, intellectual disability, specific learning

disability and mental illness;

(e) multiple disabilities from amongst persons under

clauses (a) to (d) including deaf-blindness in the posts
identified for each disabilities:
 Autism
A variable development disorder that appears by
age three and is characterized by impairment of
the ability to form normal social relationships,
by impairment of the ability to communicate
with others, and by repetitive behavior patterns.
 SECTION 34. RESERVATION IN
PROMOTION

Reservation in promotion shall be in

accordance with such instructions as
are issued by the appropriate
Government from time to time.
 SECTION 34. RESERVATION

The appropriate Government, in

consultation with the Chief Commissioner
or the State Commissioner, as the case may
be, may exempt any Government
establishment from the provisions of this
section.
 If any Ministry/Department in the Central
Government considers it necessary to
exempt any establishment or any cadre or
cadres fully or partly from the provisions of
reservation for persons with benchmark
disabilities, it shall make a reference to the
Department of Empowerment of Persons
with Disabilities giving full justification for
the proposal.
[DOPT Guidelines 15.01.2018]
 SECTION 34. RESERVATION

(2) Where 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.
 SECTION 34. RESERVATION

(2) If in the succeeding recruitment year suitable

person with benchmark disability is not available, it
may first be filled by interchange among the five
categories
and
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:
 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.
[DOPT Guidelines 15.01.18 p. 8.5]
 RULE 12. INTERCHANGE OF VACANCIES

The establishment shall interchange vacancies

only if due process of recruitment to fill up the
vacancies reserved for persons with benchmark
disabilities has been complied with.
 SECTION 34. RESERVATION

If the nature of vacancies in an

establishment is such that a given category
of person cannot be employed, the
vacancies may be interchanged among the
five categories with the prior approval of
the appropriate Government.
 SECTION 34. RESERVATION

(3) The appropriate Government may, by

notification, provide for such relaxation of
upper age limit for employment of persons
with benchmark disability, as it thinks fit.
 RELAXATION IN AGE LIMIT
Upper age limit for persons with disabilities shall be
relaxed
(a) by ten years (15 years for SCs/STs and 13 years for
OBCs) in case of direct recruitment to Group ‘C' and
Group 'D' posts;
(b) by 5 years (10 years for SCs/STs and 8 years for
OBCs) in case of direct recruitment to Group 'A' and
Group 'B' posts where recruitment is made otherwise
than through open competitive examination;
and
(c) by 10 years (15 years for SCs/STs and 13 years for
OBCs) in case of direct recruitment to Group A and
Group B posts through open competitive examination.
[DOPT GUIDELINES 29.12.2005]
 RELAXATION OF STANDARD
If sufficient number of candidates with
benchmark disabilities do not become 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.
[DOPT Guidelines 15.01.18 p. 11.1]
 RULE 11. COMPUTATION OF VACANCIES

(1) Total number of vacancies including

vacancies arising in the identified and non-
identified posts in each group of posts shall
be taken into account for calculating
reservation for the persons
with benchmark disabilities.
RULE 11. COMPUTATION OF VACANCIES

(2) Every Government establishment shall

maintain a vacancy-based roster for the
purpose of calculation of vacancies for
persons with benchmark disabilities.
RULE 11. COMPUTATION OF VACANCIES

(3) While issuing advertisement to fill up

vacancies , the number of reserved
vacancies for each class of persons with
benchmark disabilities shall be indicated.
RULE 11. COMPUTATION OF VACANCIES

(4) The reservation for persons with

disabilities shall be horizontal and the
vacancies for persons with benchmark
disabilities shall be maintained as a
separate class.
 MEDICAL EXAMINATION
As per Rule 10 of the Fundamental Rules, every new
entrant to Government Service is required to be
medically examined. In case of medical examination of
a person with benchmark disability for appointment
to an identified post, the concerned Medical Officer or
Board shall be informed beforehand that the post is
identified suitable to be held by persons with
benchmark disabilities of the relevant category and
the candidate shall then be examined medically
keeping this fact in view.
[DOPT Guidelines 15.01.18 p. 12]
 RESERVATION ROSTER
Year Cycle Point Name of Identified suitable Reser Name of Wheth Remar
of No. No. the Post for persons with ved the er the ks, if
Recr benchmark or person person any
uit disabilities Unre appointe appoin
me serve d and ted is
nt d** date of in a, b,
appointm c and
ent (d &e)
or
None
***

a b c d&e

1 2 3 4 5 6 7 8 9 10 11 12
 Legends
a- blindness and low vision
b- deaf and hard of hearing
c- locomotor disability including cerebral palsy, leprosy
cured, dwarfism, acid attack victims and muscular
dystrophy
d- autism, intellectual disability, specific learning
disability and mental illness
e- multiple disabilities from amongst persons under
clauses (a) to (d) including deaf-blindness
**If earmarked reserved, write a/b/c/(d & e) as the
case may be, otherwise write UR
***Write a/b/c/(d & e) or None, as the case may be
 RESERVATION ROSTER FOR PERSONS WITH BENCHMARK DISABILITIES

Year of Cycl Poin Nam Whether Un- Name & Whether Remark
Recruit- e No t No e of Identified reserve date of the , if any
ment the suitable for d or appointmen person
PWBD or not reserve t of the appointed
Post d person belongs
appointed to a, b, c,
** (d &e) or
a b c d
None***
&

1 2 3 4 5 6 7 8 9 10 11 12
                       

Legends
a- blindness and low vision
b- deaf and hard of hearing
c- locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular
dystrophy
d- autism, intellectual disability, specific learning disability and mental illness
e- multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness
**If earmarked reserved, write a/b/c/(d & e) as the case may be, otherwise write UR
***Write a/b/c/(d & e) or None, as the case may be
Every Government establishment
shall appoint a senior officer of
the Department as the Grievance
Redressal Officer.
ANNUAL REPORTS
 SECTION 91. PUNISHMENT

Whoever, fraudulently avails or attempts to

avail any benefit meant for persons with
benchmark disabilities, shall be punishable
with imprisonment for a term which may
extend to two years or with fine which may
extend to one lakh rupees or with both.
THANK YOU