No.360381212008-Estt.(Res.)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Subject : Special Recruitment Drive to fill up the backlog reserved vacancies for Persons with Disabilities.
The undersigned is directed to invite attention to this Department's OM of even number dated idh December. 2008 whereby a Special Recruitment Drive was launched to fill up the backlog reserved vacancies of the persons with disabilities. The OM stipulated that reservation and backlog reserved vacancies would be determined on the basis of vacancies arising in the establishment in accordance with the instructions contained in this Department's O.M. No. 360351312004-Estt(Res) dated 29.12.2005. However, the High Court of Delhi in W.P.(C) No.l582812006 National Federation of the Blind Vs. UOI & Ors. held that reservation to persons with disabilities should be calculated on the basis of the strength of the establishment and passed orders for computing the quota and backlog of reservation as per their directions.
This Department, subsequently filed a Special Leave Petition (No. 7541 I 2009 ) in the Supreme Court challenging the order of the Hon'ble High Court, and without prejudice to the outcome of SLP, issued OM No. 3601212312009-
Estt.(Res.) dated 4.5.2009 requesting all the Ministries I Departments etc to implement the order of the High Court. Since the principles on the basis of which the Special Recruitment Drive dated 10.12.2008 was launched were not in line with the orders of the High Court, the Drive could not be continued after the decision of the High Court.
The Supreme Court vide their interim order dated 6.1 1.2009 in SLP No.754112009 (Union of lndia & Others Vs. National Federation of Blind) stayed the directions of the High Court and reaffirmed the interim order passed by it on 31.8.2009 whereby the Union of lndia was directed to file a detailed status report regarding the extent to which the posts had been identified and filled up and also indicating the steps taken to fill up the vacancies that had arisen after the commencement of the 1996 Act. Pending final decision of the Supreme Court, reservation for persons with disabilities shall now be determined and implemented in accordance with this Department's O.M. dated 29.12.2005.
Keeping all aspects in view, it has been decided to launch a fresh Special Recruitment Drive to fill up the backlog reserved vacancies of persons with disabilities existing as on 15.11.2009 according to the
following schedule :-
Ministries or Detpartments may issue instructions by 04.12.2009
Ministries or Departments may collect informations by 04.12.2009
Ministry or Department Appointing Authority may issue offers of appointment
to the selected candidates By 15.7.2010
The following points would make the meaning of the "backlog reserved vacancies of persons with disabilities" clear, which should be kept in view while determining the backlog:-
If any vacancy earmarked reserved for any category of disability in the initial year of recruitment cannot be filled due to non-availability of a suitable person with that disability or for any other sufficient reason, such vacancy is left unfilled and is treated as a 'backlog reserved vacancy' in the subsequent recruitment year. Further details in this regard may be seen in this Department's O.M. NO. 360351312004- Estt(Res) dated 29.12.2005.
It is to note that the Government has to file a report in the Supreme Court in terms of the interim order dated 31.8.2009 referred to in para 2 above. All the MinistrieslDepartments are, therefore, requested to scrupulously monitor the Drive and review its progress from time to time.The Liaison Officer in the Ministry I Department should keep a vigil on the progress of Drive in the Ministry I Department and all its attached offices I subordinate offices I public sector undertakings 1 autonomous bodies etc. If he finds any problem in the matter, he may bring it to the notice of the Secretary of the concerned Ministry I Department who may in turn issue necessary instructions.
The Ministries Departments should collect information from all the appointing authorities under them and send the following reports to thisDepartment:
It is expected that a large number of the backlog vacancies would be filled up by 15.2.2010 and remaining by 30.3.2010. If any vacancy still remains unfilled, it should be filled up latest by 15.7.2010. In order to
enable this Department to assess the progress of the Drive, the above referred reports should be sent to this Department three times - first by 15.2.2010, second by 30.3.2010 indicating the progress made upto these ,
dates and final report by 31.7.2010.
The Attached OfficeslSubordinate OfficesIAutonomous BodieslPublic Sector Undertakings should not send the report direct to this Department. They should send the information to their administrative MinistrylDepartment which will consolidate the information and send such.
It is also emphasized that while filling up the current vacancies,instructions about reservation for persons with disabilities contained in this Department's O.M. dated 29.12.2005 should be strictly followed.
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