Akash rai 11 April 2024
T. Kalaiselvan, Advocate (Advocate) 12 April 2024
HORIZONTALITY OF RESERVATION FOR PERSONS WITH
BENCHMARK DISABILITIES
14.1 Reservation for backward classes of citizens (SCs, STs and OBCs) is called 'vertical' reservation and the reservation for categories such as PwBDs and ex-servicemen is called' horizontal' reservation. Horizontal reservation cuts across vertical reservation (in what is called interlocking reservation) and persons selected/promoted against the quota for PwBDs have to be placed in the appropriate category viz. SC/ST/OBC/Unreserved^depending upon the category to which they belong in the foster meant for reservation ofscs/STs/OBCs. To illustrate, if in a given year, there are two vacancies reserved for the PwBDs, and out of two PwBDs promoted, one belongs to Scheduled Caste and the other belongs to Unreserved, the SC candidate with benehmark disability shall be adjusted against the SC point in the reservation roster and the Unreserved candidate with benchmark disability against the unreserved point in the relevant roster. In ease none of the vacancies falls on point reserved for the SCs, the candidate under benchmark disability belonging to SC shall be adjusted in futureagainst the next available vacancy reserved for SC.
14.2 Since the PwBDs have to be placed in the appropriate category, viz. SC/ST/OBC/Unreserved in the roster meant for reservation of SCs/STs/OBCs, the application form (in respect of Departmental examination for promotion) for the post should require the candidates applying under the quota reserved for PwBDs to indicate whether they belong to SC/ST/OBC or unreserved.
Akash rai 12 April 2024
But sir, my question is :- can UR seat should be cut to carry forward that vacancy?
Dr. J C Vashista (Advocate ) 12 April 2024
Policy for reservation and carry forward for all 3 types of physically handicapped candidates is explained in DoPT letter of 29th December 2005
Akash rai 12 April 2024
Sir am not getting my answer, I have read the particular letter.
T. Kalaiselvan, Advocate (Advocate) 12 April 2024
If any vacancy reserved for any category of disability cannot be filled due to non-availability of a suitable person with that disability or, for any other sufficient reason, such vacancy shall not be filled and shall be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year.
Akash rai 12 April 2024
Sir, In SSC chsl results similar condition arised where no suitable person found to fill 03 seats but they didn't cut 03 seats of general UR category to carry forward PwD reservation.
Sir plz take a look at documents attached.
T. Kalaiselvan, Advocate (Advocate) 12 April 2024
It is not known if SSC is having its own recruitment rules, but as per DOPT letter the reply given by me earlier is the ruling,.
Akash rai 12 April 2024
Sir both are central govt job hiw can they follow different rule?
T. Kalaiselvan, Advocate (Advocate) 13 April 2024
Even though both are central government organisations, they both are governed by their own regulations and rules hence you will find them to be different from each other
Akash rai 16 April 2024
Sir have seen some results of other ICMR institutes in which the seat of UR candidate was not cutted to to carry forward PwD seat. (Plz see the attached document*)
Can i get this seat on the basis of equality in occupation/fundamental law (because my recruiting Institute was also is ICMR institute) ?
T. Kalaiselvan, Advocate (Advocate) 16 April 2024
You have to go by the law and not on your own imaginary concept
The laws of differfent organisations may be different.
Akash rai 17 April 2024
Ol, thank you sir.
T. Kalaiselvan, Advocate (Advocate) 20 April 2024
You are welcome.