Dear Shona
You have answered your own question correctly, however, your interpretation of 
the facts seems to be a little in the need of clarifying.
I am quoting you:

" Say for e.g. I was selected in PH and I belongs to general then I will be 
placed in general catagory and the person who is at the rank No. 50 in genral 
list will have to be replaced by me, simelerly other PH who was selected 
belongs to OBC then he will be adjusted in OBC catagory, it mean the person who 
is at serial no. 27 in OBC will be replaced by this PH and so on. Then my 
question is that by this way only 49 general and 26,OBC applicant were 
recruited, it mean they suffered out of physically handicapped reservation".

Now, in this example it is not correct to say that by following the above 
procedure of adjusting PWD in their vertical categories, only 49 general and 26 
OBC candidates are selected, and so they suffer due to reservation for PWD.
You would appreciate that the general PWD person belongs to PWD category as 
well as general category, and so does OBC candidate to both the categories.
So, 50 general and 27 OBC candidates  are selected in effect, but only the 50th 
general and 27th OBC candidate is PWD, because there is horizontal reservation 
for them.


I must however, say that there are a host of other complications arising out of 
horizontality of reservation for PWD, and we must ponder over them seriously.

One instance currently haunting us is not fixing separate cut off for PWD by 
banks recruiting through IBPS.
I am afraid even the draft law has eschewed any solution of those quanderies.
I will forward you my separate note on reservation and my recommendations to 
MSJE shortly.


-----Original Message-----
From: [email protected] 
[mailto:[email protected]] On Behalf Of Shona Man
Sent: Thursday, April 26, 2012 5:54 PM
To: accessindia
Subject: [AI] Advocates: procedure of providing PH reservation

Hi learned legal luminaries, please tell me that what is the procedure
of providing reservation for physically handicapped in any public
employment?
My question is related to the procedure of reservation, suppose in a
recruitment there are 100 seats. 50 for general, 27, OBC, 15 SC, and 8
for ST. Now 50 seats are already reserved by OBC, SC and ST. If we add
into it 3% PH reservation then it will be 53% reservation, yes I do
agree that this 3% reservation for physically handicapped is
horizontle reservation therefore no problem of acceding 50%. But being
it as horizontle every handicapped person will be placed into his/her
main catagory by making necessary arrangements.  Say for e.g. I was
selected in PH and I belongs to general then I will be placed in
general catagory and the person who is at the rank No. 50 in genral
list will have to be replaced by me, simelerly other PH who was
selected belongs to OBC then he will be adjusted in OBC catagory, it
mean the person who is at serial no. 27 in OBC will be replaced by
this PH and so on. Then my question is that by this way only 49
general and 26,OBC applicant were recruited, it mean they suffered out
of physically handicapped reservation. Is it so? Why PH reservation is
not verticle so that they could be selected with out replacing any
other candidate. Suppose all 3 PH candidates belongs to OBC catagory
then only 24 OBC candidate can be recruited! Please clarify the
procedure for actual recruitment of PH persons.
Also clarify that this limitation of 50% willbe applicable in case the
vacancies are carried forward to next year? Is PH reservation
available for teaching posts in government aided minority institution,
such as Aligarh Muslim University.

--
LL.M candidate
 at Faculty of Law in University of Delhi


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