The Government of India has issued a crucial clarification regarding reservation for Persons with Benchmark Disabilities (PwBD) under the Rights of Persons with Disabilities Act, 2016 (RPwD Act). This comprehensive order addresses implementation gaps and provides clear guidelines on quota allocation, ensuring fair representation across all categories of disabilities in government recruitment.
Key Highlights of the New Government Order
The latest government clarification brings significant changes to how disability reservation is implemented across various government departments, including Indian Railways. The order emphasizes the collective 1% reservation per category without sub-quotas, streamlining the recruitment process for persons with benchmark disabilities.
Understanding the RPwD Act Reservation Framework
Under the Rights of Persons with Disabilities Act, 2016, the government has mandated specific reservation percentages for persons with benchmark disabilities:
- 4% total reservation in government jobs
- 1% each for four categories:
- Blindness and Low Vision
- Deaf and Hard of Hearing
- Locomotor Disability including Cerebral Palsy, Leprosy Cured, Dwarfism, Acid Attack Victims
- Autism, Intellectual Disability, Specific Learning Disability, Mental Illness
Complete Official Order Content
Government of India Clarification Order
Subject: Implementation of Reservation for Persons with Benchmark Disabilities under the Rights of Persons with Disabilities Act, 2016 – Clarification on Quota Allocation
Reference: Various representations received regarding implementation of disability reservation in recruitment
Order Details:
- No Sub-Quotas Within Categories: The government has clarified that there should be no further sub-division of the 1% reservation allocated to each of the four disability categories mentioned in the RPwD Act.
- Collective Implementation: Each 1% reservation per category should be implemented collectively without creating artificial barriers or sub-quotas based on specific disability types within a category.
- Fair Representation: All eligible candidates within each category should compete on equal terms for the available 1% reservation in that specific category.
- Department-wise Implementation: All government departments, including Indian Railways, are directed to implement this clarification immediately in their recruitment processes.
Key Implementation Guidelines:
For Recruiting Authorities:
- Ensure proper categorization of disabilities as per RPwD Act
- Maintain transparency in reservation implementation
- Provide necessary facilities and accommodations during recruitment
- Follow the prescribed medical examination procedures
For Candidates:
- Valid disability certificate from competent authority required
- Minimum 40% disability for benchmark disability status
- Regular updates on recruitment notifications and procedures
Official Source and References
Source: Ministry of Social Justice and Empowerment, Government of India
Official Website: https://disabilityaffairs.gov.in
Related Government Orders:
- RPwD Act, 2016 – Section 34 (Reservation in Government Jobs)
- Department of Personnel and Training Guidelines
- Railway Board Circulars on Disability Reservation
Frequently Asked Questions (FAQs)
Q1: What is the total reservation percentage for PwBD in government jobs?
Answer: 4% total reservation is provided, with 1% each for four specified categories of disabilities.
Q2: Can there be sub-quotas within each 1% category reservation?
Answer: No, the new clarification specifically states that no sub-quotas should be created within each 1% category.
Q3: Which disabilities are covered under the locomotor category?
Answer: Locomotor disability includes Cerebral Palsy, Leprosy Cured, Dwarfism, and Acid Attack Victims.
Q4: What is the minimum disability percentage required for reservation?
Answer: A minimum of 40% disability is required to qualify as a person with benchmark disability.
Q5: How does this affect Indian Railways recruitment?
Answer: Indian Railways must implement this clarification in all future recruitments, ensuring fair representation without sub-quotas.
Impact on Government Recruitment
This clarification will have far-reaching implications for government recruitment processes across all departments. It ensures:
- Simplified Implementation: No confusion regarding sub-quotas within categories
- Equal Opportunities: Fair competition within each disability category
- Transparency: Clear guidelines for both recruiters and candidates
- Compliance: Uniform implementation across all government departments
Conclusion
The government’s clarification on RPwD Act reservation represents a significant step towards inclusive employment practices. By eliminating sub-quotas and ensuring collective implementation of the 1% reservation per category, this order promotes fairness and transparency in the recruitment process for persons with benchmark disabilities.
All stakeholders, including government departments, recruiting agencies, and candidates, should ensure compliance with these updated guidelines to create a more inclusive workplace environment.
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