Lok Sabha Question No. 159 (STARRED), answered on 2019-07-02
Subject: Quota for Differently Abled Persons
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: Bhartruhari Mahtab, Rahul Ramesh Shewale

## GOVERNMENT OF INDIA DEPARTMENT OF EMPOWRERMENT OF PERSONS WITH DISABILTIES (DIVYANGJAN) MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT

LOK SABHA

- (a) to (e) A statement is laid on the table of the House

STARRED QUESTION NO. 159 TO BE ANSWERED ON 02.07.2019

Quota for Differently Abled Persons

## *159. SHRI BHARTRUHARI MAHTAB: SHRI RAHUL RAMESH SHEWALE:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the Supreme Court has directed the Union and the State Governments to implement three per cent quota for persons with disabilities in all Government departments  PSUs and Government companies in the recent past:
- (b) if so. the details thereof along with the reaction of the Union and the State Governments thereto:
- (c) whether cases of violation of Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act have come to the notice of the Government during each of the last three years and the current year:
- (d) if so. the details thereof and the reasons therefor: and
- the corrective steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT

(SHRI THAAWAR CHAND GEHLOT)

Statement referred to in reply to part (a) to (e) of the Lok Sabha Starred Question No. 159 raised by Shri Bhartruhari Mahtah: Shri Rahul Ramesh Shewale; regarding "Quota for Differently Abled Persons for answer on 02.07.2019.

- (a)&(b) The Hon'ble Supreme Court in Civil Appeal No. 9096/2013 titled Union of India VS. National Federation of Blind & Ors , in its order dated 08.10.2013, inter-alia, directed that computation of reservation for persons with disabilities has to be done on total number of vacancies in the cadre strength"\_ The Hon'ble Supreme Court also directed that the appropriate Government needs to compute the number of vacancies available in all the establishments and further identify the posts for persons with disabilities within a period of three months from the date of the order.

In accordance with the above mentioned order of Hon'ble   Supreme Court, the Department of Personnel and Training (DoP&T) issued an Office Memorandum No\_ 36012/24/2009-Estt (Res) dated 03.12.2013  modifying their earlier O.M. dated 29/12/2005 to the extent that reservation for Persons with Disabilities in Group A or Group B posts shall be computed on the basis of total number of vacancies (both identified and unidentified posts) occurring in direct recruitment quota in all the Group A and B posts respectively, in the cadre, similar in line with that of the Group 'C' and Group 'D posts. DoP&T also issued instructions in 2015 to all concerned to take immediate necessary action for up of vacancies for persons with disabilities and launched a Special Recruitment Drive for this purpose May, filling

- (c) to (e) As per the repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as well as in terms of the Rights of Persons with Disabilities Act, 2016 which came into force from 19.04.2017, the Chief Commissioner for Persons with Disabilities and the State Commissioners for Persons with Disabilities are responsible to monitor implementation of the provisions of the said Acts and also look into the complaints relating to denial of rights of persons with disabilities. As per information received from the Office of Chief Commissioner for Persons with Disabilities (O/o CCPD), details of complaints received and disposed of by them during the last three years and the current financial year are as under:

| Year                     | Number of cases Registered + Cases brought forward   |   Number of cased disposed off (including backlog) |
|--------------------------|------------------------------------------------------|----------------------------------------------------|
| 2016-17                  | 1747+1358-3105                                       |                                               1596 |
| 2017-18                  | 1772+1509-3281                                       |                                               1548 |
| 2018-19                  | 1530+1733-3263                                       |                                               1670 |
| 2019-20 (upto May, 2019) | 142+1593-1735                                        |                                                161 |

Olo Chief Commissioner for Persons with Disabilities had taken up these complaints with the concerned authorities.