Inclusion of "Third Gender/any Other Category" in the application forms in recruitment to various posts under the Central Government

Latest DoPT Orders 2020

F. No.39028/02/2016 - Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated 20th April 2020

Office Memorandum

Subject: Inclusion of "Third Gender/any Other Category" in the application forms in recruitment to various posts under the Central Government - reg.

The undersigned is directed to say that "The Transgender Persons (Protection of Rights) Bill, 2019" was passed by both Houses of the Parliament and received the assent of the President on 05.12.2019. This Act (No. 40 of 2019) has been notified in the Gazette of India on 05.12.2019.

2. The matter regarding Inclusion of "Third Gender/any Other Category" in the application forms in recruitment to various posts under the Central Government, was under consideration of the Government for quite some time. Based on the provisions of the aforesaid Act and the legal opinion obtained on the subject, Civil Services Examination Rules, 2020 have been notified on 05.02.2020, providing for inclusion of 'Transgender' as a separate category of gender for the said exam.

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3. All Ministries / Departments of Government of India are requested to modify the relevant examination rules providing for inclusion of 'Transgender' as a separate category of gender, so as to make the said Rules in conformity with the provisions of The Transgender Persons (Protection of Rights) Bill, 2019.

(Rajbir Singh)
Under Secretary to the Government of India)
Tel No.: 2309 3175

Source: DoPT

Cabinet approves Extension of Article 340 to examine the issue of sub-categorization within Other Backward Classes in the Central List

Ministry of Social Justice & Empowerment

Cabinet approves Extension, of tenure of the Commission constituted under Article 340 of the constitution to examine the issue of sub-categorization within Other Backward Classes in the Central List

22 JAN 2020

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes, by six months that is up to 31.7.2020.

The Cabinet has also approved addition of following Term of Reference to the existing Terms of Reference of the “Commission” –

“iv. to study the various Entries in the “Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.”

Impact:

The Communities in the existing list of OBCs which have not been able to get any major benefit of the scheme of reservation for OBCs for appointment in Central Government posts & for admission in Central Government Educational Institutions are expected to be benefitted upon implementation of the recommendations of the Commission. The Commission is likely to make recommendations for benefit of such marginalized communities in the Central List of OBCs.

Financial Implications:

The expenditure involved are related to the establishment and administration costs of the Commission, which would continue to be borne by the Department of Social Justice and Empowerment.

Benefits:

All persons belonging to the castes/communities which are included in the Central List of SEBCs but which have not been able to get any major benefit of the existing scheme of reservation for OBCs in Central Government posts & for admission in Central Government Educational Institutions would be benefitted.

Implementation strategy and targets:

Orders for extension of the term of the Commission and addition in its Terms of Reference will be notified in the Gazette ‘in the form of an Order made by the President, after receipt of the approval of the Hon’ble President to the same.

Background:

The Commission was constituted under article 340 of the Constitution with the approval of President on 2nd October, 2017. The Commission, headed by Justice (Retd.) Smt. G. Rohini commenced functioning on 11th October, 2017 and has since interacted with all the Stats /UTs which have subcategorized OBCs, and the State Backward Classes Commissions. The Commission has come to the view that it would require some more time to submit, its report since the repetitions, ambiguities, inconsistencies and errors of spelling or transcription etc appearing in the existing Central List of OBCs need to be cleared. Hence the Commission has sought extension of its term by six, that is upto 31st July 2020 and also addition in its existing Terms of Reference.

PIB

FAQ on reservations for disabled persons in Central Government posts / services

FAQ on reservations for disabled persons in Central Government posts / services

No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
dated the 25 March, 2019

Subject: Frequently Asked Questions (FAQs) on reservation to Persons with Benchmark Disabilities in posts/services under Central Government - reg.

This Department receives references from various Ministries/Departments seeking clarification on instructions with regard to reservation for Persons with Benchmark Disabilities issued vide OM of even number dated 15.1.2018; therefore, a set of Frequently Asked Questions (FAQs) have been answered as under for their use:

Q.1 Whether the reservation for Persons with Benchmark Disabilities are vacancy based or post based?
Answer: Reservation for. Persons with Benchmark Disabilities is vacancy based as per Section 34 of the Rights of Persons with Disabilities Act, 2016.

Q.2 What categories of specified disabilities are covered for reservation and what is the percentage allocation of reservation for each category of persons with benchmark disabilities?
Answer: As provided in Para .2 of the OM of even number dated 15.1.2018, categories of specified disabilities covered under reservation in posts and services of the Central Government vis-a-vis category wise percentage of reservation is as under:

a)	blindness and low vision;	1%
b)	deaf and hard of hearing;	1%
c)	locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;	1%
d)	autism, intellectual disability, specific learning disability and mental illness;	1%
e)	multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,	1%

Q.3 Whether the Persons with Benchmark Disabilities can apply against the posts, which are not identified suitable for Persons with Benchmark Disabilities?
Answer: Persons with Benchmark Disabilities can apply only against the posts identified suitable for the relevant category.

Q.4 Whether any priority has been given in selection to any category of
disability?
Answer: Priority has not been given in selection to any category of Persons with Benchmark disability.

Q.5 Whether a Benchmark Disability candidate can compete for appointment against an unreserved vacancies?
Answer: Yes, Benchmark Disability candidates can compete for appointment by direct recruitment against an unreserved vacancy if selected without relaxed standards along with other candidates for those posts/services which are identified suitable for them.

Q.6 Whether the vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts.
Answer: Yes, vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts. However, recruitment of persons with benchmark disabilities would only be against the category of posts identified suitable for them.

Q.7 Whether a separate roster is to be maintained for Persons with Benchmark Disabilities irrespective of the post based roster applicable for SC/ST/OBC?
Answer: Yes, every Central Government establishment shall maintain group-wise separate 100 point vacancy based reservation roster register in the prescribed format for determining/effecting reservation for the Persons with Benchmark Disabilities – one each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment and Group ‘C’ posts filled by direct recruitment.

Q.8 What to do with vacancies reserved for any particular category(s) of Persons with Benchmark Disabilities cannot be filled due to non-availability of a suitable candidate, or for any other sufficient reasons?
Answer: As per Section 34(2) of the Rights of Persons with Disabilities Act, 2016, if in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five 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.

(G. Srinivasan)
Director (Res)

Central Government plans to abolish posts vacant for 5 years

Central Government plans to abolish posts vacant for 5 years

The government is planning to abolish all posts which have been vacant for more than five years, and has directed all ministries and department to submit a comprehensive report on the matter.

In an office memorandum, the Finance Ministry said it had asked all ministries and departments to submit an action-taken report regarding abolition of posts vacant for more than five years.

Some departments and ministries have responded but some, instead of providing a comprehensive report, have submitted the requisite information in piecemeal manner, it said.

Therefore, financial advisors and joint secretaries (administration) of all ministries/ departments are requested to identify the posts which are vacant for more than five years and submit a comprehensive report on abolition of such posts in main ministry and their respective subordinate organisations at the earliest, the office memorandum, dated January 16, 2018, said.

Following this, the Ministry of Home Affairs has directed all its additional secretaries, joint secretaries, chiefs of paramilitary forces and other attached organisations to submit comprehensive reports, a home ministry official told PTI.

According to a preliminary estimate, there are several thousand central government posts which are lying vacant for five or more years, the official said.

PTI