Procedure Simplified for issue of Disability Certificate

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1996 have been amended in December last year. The amended rules enable a simplified and decentralized procedure for issue of disability certificate. Disability certificate can now be issued by a single doctor in respect of obvious disabilities at the level Primary Health Centre (PHCs)/Government Medical Practitioner, Community Health Centres and Hospitals at the Sub-Divisional level. In case of non obvious disabilities, certificate can be issued by a specialist. Only in case of multiple disability, a Medical Board is required. Further, Medical Certificate is to be issued as far as possible within 7 days from the date of application but in any case not later than one month.

State Governments have also been requested to make similar amendments in their PwD Rules and notify their medical authorities accordingly.

A Committee consisting of representatives of various stake holders, experts in disabilities etc. has been set up in April this year to study the suggestions received from State Governments, concerned Central Ministries and several other sources on the proposed amendments to the PwD Act, 1995 and to prepare a new draft Legislation aligning it with the provisions of the United Nations Convention on the Rights of Persons with Disabilities.

This information was given by Shri. D. Napoleon, the Minister of State for Social Justice & Empowerment, in a written reply to a question in the Lok Sabha .

OBC quota only for fresh recruits

Ruling that the OBC quota policy is applicable only for fresh appointments, the Central Administrative Tribunal (CAT) has said the benefit cannot be claimed for posts that are filled by promotion.

The ruling came from a CAT bench of chairman VK Bali and vice-chairman LK Joshi on a petition by Income Tax Appellate Tribunal (ITAT) member Sunil Kumar Yadav, who complained that the government was not following the OBC quota policy for filling the posts of ITAT vice-presidents.

In his petition, Yadav pointed out that, according to a seniority list of ITAT members released on February 2, 2009, for appointments of nine vice-presidents; his name was the 17th. If the OBC quota rule were applied, two of the nine posts would go to OBC candidates, he had contended.

However, rejecting his plea, the CAT said OBC reservation benefits would not apply in filling the key posts, as these were appointments by promotions and not direct recruitments.

According to relevant government rules, reservation will be applicable only for direct recruitment and not in case of promotion, CAT emphasised.

"It is conceded position that, if at all 27% reservation is to be made for candidates belonging to OBC category, it would be applicable only as regards direct recruitment and not promotion," the CAT said.

Explaining what constituted a promotional appointment, the bench said: "If the list of candidates called for selection was only of serving employees and no claim of any outsider was considered, the same is not a direct recruitment but selection and appointment on the basis of promotion."

In his petition, Yadav alleged that the central government prepared the list of candidates for ITAT vice-presidents without complying with the mandate of reservation for OBC citizens envisaged under articles 16(4) of the Constitution.

Yadav had said the post of vice-president is a civil post, and is not classified as, scientific or technical post, which is out of the purview of reservation law.

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