Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Akash rai   11 April 2024

Carry forward of physically handicapped seat by cutting 01 ur seat from final result

The total vacancies for post were 12 and due to vertical reservation, 07 seats were reserved for STs, SCs, OBCs, and EWS and 05 seats was for UR category. 01 seat was reserved for horizontal reservation for PWd candidate.
and after examination, no suitable candidate was found to fill 01 PWd seat.
Therefore employer deducted 1 seat from UR category and made it backlog for next recruitment and gave selection only on 04 UR seats.

Is it the correct way of giving reservation to PWD candidate? 


Learning

 13 Replies

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.

1 Like

Akash rai   12 April 2024

But sir, my question is :- can UR seat should be cut to carry forward that vacancy? 


Attached File : 1039863 20240412023459 akash rai icmr nirth.pdf downloaded: 30 times

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

1 Like

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.

1 Like

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. 


Attached File : 1039863 20240412131206 document 1 .pdf downloaded: 29 times

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,. 

1 Like

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

1 Like

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) ? 


Attached File : 1039863 20240416130251 regarding imple wps office.pdf downloaded: 3 times

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.

1 Like

Akash rai   17 April 2024

Ol, thank you sir. 

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

You are welcome. 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register