Centre issues guidelines for disability reservation to ensure fairness

The Centre has issued comprehensive guidelines to streamline reservation and identification of posts for persons with at least 40 per cent disabilities, mandating periodic identification of such posts and formation of committees to assess them.

The guidelines also state that if a post is deemed suitable for them, all subsequent promotional posts will also be reserved for persons with disabilities.

The guidelines are in line with the Rights of Persons with Disabilities (RPwD) Act, 2016.

The move comes after the Delhi High Court flagged inconsistencies in implementation of the the Rights of Persons with Disabilities (RPwD) Act, 2016 and criticised entities like the Kendriya Vidyalaya Sangathan (KVS) for unauthorised actions in identifying posts.

The high court earlier this month observed that KVS had overstepped its authority by independently identifying posts for PwBDs and highlighted inconsistencies in the understanding of the Act among various departments.

The court mandated the Department of Empowerment of Persons with Disabilities (DEPwD) to establish uniform guidelines.

The updated guidelines aim to ensure inclusivity, fairness, and uniformity in the employment of persons with disabilities across central government establishments.

The new guidelines also ask ministries and departments to form committees, including representatives with disabilities, to assess all posts for their suitability.

A comprehensive review of identified posts is required every three years to incorporate technological advancements and evolving job requirements.

The guidelines also mandate a four per cent reservation in direct recruitment and promotions across categories, including blindness, locomotor disability, hearing impairment, and intellectual disabilities.

Additionally, they emphasise timely filling of backlog vacancies, wide publicity to ensure accessibility, and a three-year validity period for exemptions from reservation policies.

The government has also clarified that exemptions from reservation are valid for a maximum of three years and must be periodically reviewed. The move aims to ensure fairness while leveraging advancements in assistive technology.

Effective immediately, these guidelines supersede all previous instructions on the matter, except notifications issued in 2021 and 2022.

Arman Ali, Executive Director, National Centre for Promotion of Employment of Disabled People (NCPEDP), said identifying posts suitable for persons with benchmark disabilities is not just about fulfilling reservation mandates; it's a stepping stone to enabling career growth.

Extending this process to promotional positions ensures that persons with disabilities are not confined to entry-level roles but have equal opportunities to advance in their careers.

"It's important to emphasise that the one per cent reservation for different categories of disabilities does not imply any hierarchy or chronology. While these measures needed to be enforced more effectively in the past I welcome this step as a positive move towards inclusivity. The formation of expert committees and their regular meetings must be strictly adhered to," he said.

"I see the two most crucial tasks of the committee are to ensure the inclusion of people with intellectual and developmental disabilities which is the most important part and to have people with disability have a seat on the table," he said.