No.36038/2/2008-Estt.(Res.)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block,New Delhi
Dated the 7 th Novemb er, 2009
OFFICE MEMORANDUM
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. 36035/3/2004-Estt(Res) dated 29.12.2005. However, the High Court of Delhi in W.P.(C)
No.l5828/2006[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 / 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. 36012/23/2009- Estt.(Res.) dated 4.5.2009 requesting all the Ministries / 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.
2. The Supreme Court vide their interim order dated 6.1 1.2009 in SLP No.7541/2009 (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.
3. 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
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