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HANDICAPPED QUOTA
APPENDIX
SN / Description / Page No.1 / Recruitment against Physically Handicapped Quota – Launch of Special Recruitment Drive - regarding / 2
2 / Type Test - Relaxation / 4
3 / Rules & Regulation / 5
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.E(NG)II/2009/RC-2/7 New Delhi, Dt. 28.08.2009
The General Manager(P)
All Zonal Railways/Pus
Chairman/RRBs.
SUB : Recruitment against Physically Handicapped Quota –
Launch of Special Recruitment Drive – regarding.
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Attention is invited to this Ministry’s letter of number E(NG)II/2006/RC-2/11 dated 08.04.2009, stipulating therein, to comply with the direction of the Hon’ble High Court/Delhi, as contained in their order dated 20.01.2009, in WP© No. 23132/05-PIL – All India Federation of Blind Vs Union of India, as circulated vide para 2 of letter ibid. The Hon’ble High Court/Delhi has since vacated the order dated 20.01.2009, vide their subsequent order dated 26.05.2009, when this Ministry filed an affidavit, stating therein, that they would fill up the backlog vacancies against physically handicapped quota which are in existence since 01.01.1996. Further, Hon’ble MR in her Budget Speech, 2009-10, has also announced launching of a special recruitment drive to fill up vacancies against physically handicapped quota.
2.It has been undertaken by this Ministry before the Hon’ble High Court that while filling up other vacancies, in respect of technical and safety category posts. viz. Technical Supervisors (Section Engineer/Jr. Engineer of Civil, Electrical, Mechanical, S&T departments); Artisans (Fitter, Painter, Carpenter, Welder, Mason, Machinist, Motor Mechanic, Train Examiner,Sheet Metal Worker, Lift Operator of Civil, Electrical, Mechanical, S&T departments); Ticket Collector/TTE of Commercial departments and Station Master, Traffic Inspector, Yard Master/Foreman, Guard/Passenger Train & Guard/Goods Trains of Traffic department, Railways would need exemption from the Ministry of Social Justice and Empowerment, from recruitment of persons with disabilities. Pending the same and till further orders, 3% of the vacancies as would accrue, against physically handicapped quota in such posts, should be kept vacant and should not be filled up. This would need to be indicated clearly in the indents as well as in the notifications, to be issued by RRBs/RRCs. In regard to remaining categories/posts the provision of the Persons with Disabilities Act, 1995, may be scrupulously followed, i.e. posts should be reserved for disabled persons on the basis of computation done taking into account the total number of vacancies arising both in identified and unidentified posts. It would not suffice by merely mentioning that post(s) is/are suitable for disabled persons. Clear break-up of vacancies among the various categories of disabilities, would also need to be indicated in the indents/notifications issued.
3.Pursuant to the same, it has been decided by the Board to launch a Special Recruitment Drive to fill up the backlog vacancies of Group ‘C’ & ‘D’ posts existing as per the details of the backlog vacancies, as furnished by the various Zonal Railways/Pus and reported to the Hon’ble High Court (as at Annexure in 03 pages), by placing indents on respective Railway Recruitment Boards and Railway Recruitment Cells.
4.Educational Qualification for recruitment in Group ‘D’ categories shall be notified separately. Recruitment notifications, shall be issued by RRBs/RRCs, only after separate instructions are issued by Ministry of Railways. As such, the Railways should take advance steps for preparation of indents and furnishing them to RRBs/RRCs. Actual notification by RRBs/RRCs, it is reiterated, should await further instructions of the Ministry of Railways.
5.Further, the process of recruitment to fill up the backlog is to be done in the posts identified suitable for disabled persons as per the list circulated vide the Ministry’s letter No. E(NG)II/2009/RC-2/5/List dated 27.08.2009 in a time bound manner, so that the recruitment process is completed by the end of September, 2010. It may be noted that while initiating the process of Special Recruitment Drive, stipulation made vide para 2 above, be kept in view and proper record of the same be kept for future course of action. It is further directed that Railways/PUs must submit the progress report of the stages of the action taken and the results thereof on monthly basis so as to reach this office without fail in the first week of the ensuing month, to enable this Ministry to file periodic progress reports in the Hon’ble High Court/Delhi.
Encl : As stated
( K.Harikrishnan )
Director Estt. (N)-II
Railway Board
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Recruitment against Physically Handicapped Quota
At present, the instructions on the subject of reservation of jobs and recruitmentthereto for the physically handicapped persons are scattered in a number ofoffice circulars/ orders issued from time to time. The question of consolidatingthem has been engaging the attention of the Railway Board. They have nowdecided to issue a consolidated order on the above subject as below for theinformation and guidance of all concerned.
1. Quota for Physically Handicapped:
It has been decided by the Ministry of Railways (Railway Board) that reservationsin Group 'C' and Group 'D' posts for the physically handicapped persons shouldbe made as indicated below:
Category Reservation Percentage
(a) The blind 1%
(b) The deaf 1%
(c) The orthopaedically handicapped 1%
Total 3%
At least one Group 'D' vacancy on each Zonal Railway should be earmarked forappointment as 'Caner' and may be filled up by visually handicapped persons.
The Blind
The blind are those who suffer from either of the following conditions:
a. Total absence of sight.
b. Visual acuity not exceeding 6/60 or 20/200 (Snellen) in the bettereye with correcting lenses.
c. Limitation of the filed of vision subtending and angle of 20 degreesor worse.
The Deaf
The deaf are those in whom the sense of hearing is non-functional for ordinarypurposes of life. They do not hear, understand sounds at all even with amplifiedspeech. The cases included in this category will be those having hearing lossmore than 90 decibles in the better ear (profound impairment) or total loss ofhearing in both ears.
Orthopaedically Handicapped:
The Orthopaedically handicapped are those who have a physical defect ordeformity, which causes an interference with the normal functioning of the bones,muscles and joints.
Counting of Vacancies and Methodology for Reservation.
It has been decided that with effect from 01.01.1986, the reservation for thephysically handicapped in the Group 'C' and 'D' posts shall be computed on thebasis of the total number of vacancies occurring in all Groups 'C' and 'D' posts.The recruitment would, however, be only in the posts identified to be suitable forthem subject to the overall ceiling of 50% reservation in that post as laid down bythe Supreme Court.The methodology for calculating the vacancies and for filling up the same, asoutlined in the Department of Personnel's O.M. No. 36035/17/85-Estt. (SCT)dated 01.04.1986, circulated under Railway Board's letter No. E(NG)II/85/RC-2/74 dated 26/06/1986 (RBE 114 /1986) may be followed with suitablemodifications found necessary to suit the set up on the Railways.
The reservation of vacancies is to be made separately for each category. Ifcandidates belonging to a category of persons are not available, persons fromthe other categories may be taken. In that case, the reservation would bedeemed to have been utilised in pursuance of the principle of inter se exchange.
In any year, if vacancies reserved are not filled, the reservation should be carriedforward in the subsequent three recruitment years at the end of which thereservation should be deemed to have lapsed.
Identification of Posts:
Identification of posts on the Railways in Group 'C' and 'D' for reservation andrecruitment of physically handicapped persons had already been circulated videthis Ministry's letter No. E(NG)II/86/RC-2/18/Policy dated 10/07/1987 (RBE178/1987). The list is only illustrative and not exhaustive. The Railway may addto the list additional posts identified by them locally under intimation to theRailway Board.
Recruitment:
Recruitment for filling vacancies against physically handicapped quota is to bemade by the Railways themselves. For this purpose, all vacancies in Groups 'C'and 'D' posts are to be notified to the Employment Exchanges, SpecialEmployment Exchanges and the nearest vocational rehabilitation centres for thephysically handicapped persons. The vacancies are not only to be notified insuch agencies but are also to be filled through them. A list of SpecialEmployment Exchanges and Vocational Rehabilitation Centres for the physicallyhandicapped was enclosed to Board's letter. No. E(NG)II/80/RC 1/67 dated23/03/1981.
The physically handicapped candidates are eligible for the following concessions:
d. Age relaxation upto 10 years; relaxation of another 5 years forSCs/STs and OBCs 3 years.
e. A pass in Matriculation would do (instead of insisting on minimum50% marks as in the case of other general candidates) providedother prescribed conditions are satisfied.
f. Exempt from the payment of application and examination fees.
g. Exempt from medical examination at the time of appointmentprovided they have already been medically examined by a MedicalBoard attached to the Special Employment Exchanges/ VocationalRehabilitation Centres and produce the Medical Certificate of suchBoards.
h. Exempted from typing qualification for appointment to clerical postsif they are found otherwise qualified and are certified as beingunable to type by the Medical Board, attached to the SpecialEmployment Exchanges or by a Civil Surgeon where such a Boarddoes not exist.
Those physically handicapped candidates, who are not covered by (d) above,may be given a medical memo indicating that they are recruited against theHandicapped Quota to enable the Medical Officer to keep this in view at the timeof medical examination of physically handicapped candidates.
In the case of handicapped persons recruited through the Railway RecruitmentBoards, if the candidates are properly registered with the Special EmploymentExchange and possess a certificate of special handicap, they may be examinedmedically for their suitability for employment as handicapped person providedthey request for such a medical examination. The appointment of suchcandidates may be counted against the Handicapped Quota of that Railway.
The procedure for verification of character and antecedents of the candidates forappointment under the Handicapped quota will be regulated according to theextant instructions on the subject issued by the Government from time to time.Physically Handicapped, SC/ST, Ex-Servicemen and dependents of those killedin action may be given preference for recruitment to Group 'C' and 'D' in CentralServices.
2. The Ministry of Railway (Railway Board) desire that the overall controlshould be with the Chief Personnel Officer so that the HeadquartersPersonnel Department is in a position to oversee the implementation ofthe above instructions and maintain requisite data for forwarding theperiodic returns. In this case, the returns are to be sent to the Ministry ofRailways half-yearly in the prescribed proforma.
In terms of Railway Board's letter No. E(NG)II/80/RC-1/67 dated 23.03.1981regarding recruitment against physically handicapped quota, all vacancies inGroup C and Group D are to be notified to the Employment Exchanges, SpecialEmployment Exchanges and nearest Vocational Rehabilitation Centres for thePhysically Handicapped persons. The vacancies are not only to be notified tosuch agencies but also to be filled through them.
2. The question of extending the facility to the Physically Handicapped sons/immediate dependents of railway employees as applicable in the case of othersons/ immediate dependents of railway employees in regard to normal Group Drecruitment as laid down in terms of Para 179(viii)(b) of Indian RailwayEstablishment Manual, 1989 Edition, was discussed in PNM Meeting with NFIRheld on 11 & 12.02.1993. Pursuant to the deliberations at the said Meeting,Board have decided that the Physically handicapped sons/immediatedependents of railway employees who are already registered with SpecialEmployment Exchanges, can also apply directly to the Railway Administration in
response to Notices for recruitment of physically handicapped to Group D postsand such applications shall be considered alongwith others against thehandicapped quota.
3. For effective implementation of the above decision, similar publicity as in thecase of recruitment to Group D, may also be made for the purpose of recruitmentto Group D against physically handicapped quota and the Employment Noticessent to Special Employment Exchanges, etc. and exhibited on Notice Boardoutside railway offices, etc. situated in the area of recruitment.
A number of Zonal Railways and Production Units have requested for clarificationas to whether the reservations already provided to the physically handicappedand Ex-servicemen under Article 16(1) of Constitution of India, if added with theexisting reservation of SCs/STs and OBCs under Article 16(4) of Constitution ofIndia will exceed the limit of 50% and contravene the judicial pronouncement ofthe Hon'ble Supreme Court given in the Mandal Commission case.
2. The whole matter has been examined and referred to the Ministry ofPersonnel, Public Grievances & Pensions (DOP&T) as well as to Ministry ofWelfare vide this Ministry's O.M. No. 90-E (SCT)I/71/I-Pt. I dated 02.06.1994, acopy of which enclosed for ready reference. The final clarification will be issuedon receipt of clarification from above Ministries.
The instructions contained in this Ministry's letter No. E(NG)II/97/RC-2/18 Dated22.07.1997 (RBE 100/97), that the vacancies in the categories identified foremployment of the Blind should be filled up by the Blind only, have beenreviewed by the Railway Board in consultation with DOP&T. Consequently, it hasnow been decided that while the reservation of vacancies shall be continued tobe made separately for each of the three categories of the PhysicallyHandicapped persons (i.e. 1% for the Visually Handicapped, 1% for HearingHandicapped and 1% for the Orthopaedically Handicapped), there shall beprovision for free inter-se exchange of vacancies if candidates belonging to aparticular category are not available or if the nature of vacancies in an office issuch that a given category of person cannot be employed.
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