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Friday, 21 October 2011

GO Ms. 23DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW) dt26-05-2011

GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Dept. for Women, Children, Disabled and Senior Citizens – Reservation
of Posts in favour of Persons with Disabilities and Interchange among
the 3 categories of Disabled Persons in accordance with PWD Act, 1995
& Order of APAT in OA No.9612 of 2009 dated 11-08-2010 – Revised -
Orders – Issued.
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DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW)
G.O.Ms.No.23 Dated: 26-05-2011
Read the following:-
1) G.O.Ms.No.115,WDCW & ( (WH.Desk) Deptt.Dt.30-7-1991.
2) GO. Ms .No. 18, WD, CW & L Dept, dt:01-03-1994.
3) G.O.Ms.No.72 WD&CW (WH.Desk) Deptt.Dated 5-8-1997
4) G.O.Ms.No.112,WD&CW (WH) Deptt.dt.6-12-1997.
5) G.O.Ms.No.385, G.A.(Ser.D)Deptt.dt.18-11-2000.
6) G.O.Ms.No.52, WDCW & DW (DW) Deptt,dt.25-10-2002
7) G.O.Ms.No.41, WDCW&DW (DW) Deptt.dt.27-11-2003
8) G.O.Ms.No.252, G.A.(Ser.) Deptt.dt.28-8-2004.
9) Orders of A.P.A.T., Hyd dated 11-8-2010 in O.A.No.9612/09
10) From the Commissioner, Disabled Welfare, Hyderabad,
Letter.No.C1/3490/2010, dt.20-11-2010.
***
O R D E R:-
Orders were issued in the reference 1st read above, fixing 3% reservation in favour of Handicapped persons in the ratio of 1:1:1 for the Blind, Deaf/ Dumb and Orthopaedically Handicapped respectively. In the reference 3rd read above, orders were issued fixing roster points to the different categories of handicapped including women.
2. Based on the orders issued in the G.O.7th read above, General Administration (Ser.D) Department had issued orders fixing the roster points and amended the State and Subordinate Service Rules accordingly in the reference 8th read above.
3. According to rule 22 (2) (e) of the Andhra Pradesh State and Subordinate Service rules, 1996 as amended in G.O.Ms.No.252, G.A.(Ser.D) Department dated 28-8-2004, the 6th,31st and 56th points in each cycle of 100 vacancies shall be allotted to the Visually Handicapped, Hearing Handicapped and Orthopaedically Handicapped persons respectively as stated above and where qualified and suitable candidates are not available from among them, the turn allotted for them in the unit referred to above shall be carried forward for three succeeding recruitment years. In the third succeeding recruitment year, if disabled candidates from any category are not available for appointment in the turn allotted, the vacancy shall be filled by next group of disabled in rotation by effecting interchange and the reservation shall cease thereafter.
4. Section 36 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (Central Act No.1 of 1996) provides that where in any recruitment year any vacancy under Section 33, cannot be filled up due to non availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also person with disability is not available, it may first be filled by interchanging among three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.
5. The Andhra Pradesh Administrative Tribunal, Hyderabad in its order in O.A.No.9612/2009, dated 11-08-2010 while allowing the said O.A. in part quashing the rule issued under G.O.ms.No.252, G.A.(Ser.D) Deptt.dt.28-08-2004 to the extent of prescribing the period of three years.
6. Government after careful examination of the matter and in
consonance with the provisions of Section 36 of the PWD Act, 1995
(Central Act No.1 of 1996) and the aforesaid orders of the Andhra
Pradesh Administrative Tribunal and in supercession of the orders
issued in the references 1st to 7th read above, issue the following
comprehensive orders:-
i) 3% of vacancies in case of Direct Recruitment for persons or
class of persons with disability of which one per cent, each
shall be reserved for persons suffering from:-
a) blindness or low vision;
b) hearing impairment;
c) locomotor disability or cerebral palsy,
Provided that the Government may, having regard to the
type of work carried on in any department or establishment,
by notification subject to such conditions, if any, as may be
specified in such notifications, exempt any establishment
from the provisions of this reservation, as per the procedure
prescribed at para ( 7) of this Order.
ii) Definitions of disabilities: Definitions of categories of
disabilities for the purpose of reservations in posts shall be as
stipulated in PWD Act.
iii) The reservation among the 3 categories of Persons with
Disabilities i.e. Blindness or Low vision, Hearing Impairment
and Locomotor Disability or Cerebral Palsy in three cycles and
reservation for women among them shall be as follows:-
1 to 100
6 31 56
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy)
(Women) (Open) (Open)
101-200
106 131 156
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy)
(Open) (Women) (Open)
201-300
206 231 256
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy)
(Open) (Open) (Women)
iv) Where in any recruitment year, any vacancy cannot be filled
up due to non availability of a suitable person with disability
or, for any other sufficient reason as specified above, such
vacancy shall be carried forward to the succeeding
recruitment year for being filled from the same category. If in
that year also qualified candidates of the same category are
not available, the same shall be notified for being filled up by
interchanging from among the three categories. Only when
there is no person with disability of any of the 3 categories
available for the post, the employer shall fill up the vacancy
by appointment of a person, other than a person with
disability.
Provided that if qualified women candidates are not available
for the posts reserved for women, qualified male candidates
of the same category of disabled may be appointed.
Illustration 1 for Para 6 (iv):-
a) In the case of 6th roster point fixed for Blindness or Low Vision
(Woman), if woman candidate with Blindness or Low Vision is
not available in the initial recruitment year, the vacancy may be
carried forward to the succeeding recruitment year for being
filled up by woman with Blindness or Low Vision;
b) If woman candidate with Blindness or Low Vision in that
succeeding recruitment year also is not available, the same shall
be notified inviting applications from male candidate also with
Blindness or Low Vision. If male candidate with Blindness or Low
Vision is also not available, the post may first be notified for
Hearing impaired candidate (being next category in the roster)
and if no such candidate comes forward it may be notified for
locomotor disability or cerebral palsy (being the next category in
the roster);
 

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