The guidelines are in line with the Rights of Persons with Disabilities Act 2016 (RPwD). The move follows the Delhi High Court pointing out inconsistencies in the implementation of the law and criticizing organizations like Kendriya Vidyalaya Sangathan (KVS) for unauthorized actions in identifying posts.

New Delhi: The Center has issued comprehensive guidelines to streamline reservation and identification of posts for persons with at least 40 per cent disability, requiring periodic identification of such posts and formation of committees to evaluate them.

The guidelines also state that if a position is suitable for them, all subsequent promotional positions will also be reserved for persons with disabilities.

The guidelines are consistent with Rights of Persons with Disabilities Act (RPwD), 2016.

The move comes after the Delhi High Court flagged inconsistencies in the implementation of the Rights of Persons with Disabilities (RPwD) Act, 2016 and slammed entities like the Kendriya Vidyalaya Sangathan (KVS) for actions not authorized in the identification of positions.

Earlier this month, the High Court observed that the KVS had exceeded its authority by independently identifying positions for people with disabilities and highlighted inconsistencies in the understanding of the law between different departments.

The court directed the Department of Empowerment of Persons with Disabilities (DEPwD) to establish uniform guidelines.

The updated guidelines aim to ensure inclusiveness, fairness and uniformity in the employment of persons with disabilities in central government establishments.

The new guidelines also require ministries and departments to form committees, including representatives with disabilities, to assess all positions for suitability.

A comprehensive review of identified positions is required every three years to incorporate technological advancements and changing position requirements.

The guidelines also impose a four percent reservation in direct recruitment and promotions in all categories, including blindness, locomotor disabilities, hearing disabilities and intellectual disabilities.

Additionally, they emphasize timely filling of vacancies, wide publicity to ensure accessibility, and a three-year validity period for exemptions from reservation policies.

The government also clarified that reservation exemptions are valid for a maximum of three years and must be reviewed periodically. The move aims to ensure fairness while leveraging advances in assistive technology.

With immediate effect, these guidelines replace all previous instructions on the subject, except notifications issued in 2021 and 2022.

Arman Ali, executive director of the National Center for Employment Promotion of Persons with Disabilities (NCPEDP), said identifying suitable positions for persons with baseline disabilities is not just about fulfilling reservation mandates; it is a springboard to enable career development.

Extending this process to promotional positions ensures that people with disabilities are not confined to entry-level positions but have equal opportunities to advance in their careers.

“It is important to emphasize that the one percent reservation for different categories of disabilities does not imply any hierarchy or chronology. Although these measures should have been applied more effectively in the past, I welcome this step as a positive step towards inclusiveness. The formation of expert committees and their regular meetings must be strictly adhered to,” he said.

“I see that the two most crucial tasks of the committee are to ensure the inclusion of people with intellectual and developmental disabilities, which is the most important part, and to allow people with disabilities to have a place on the table,” he said.