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State of Rajasthan - Section

Section 38 in Rajasthan Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Rules, 2011

38. Relaxation.

(1)Where an Appointing Authority is of the opinion that functions or certain jobs of the post reserved under these rules cannot be carried out by the persons with disabilities the Appointing Authority concerned shall indicate such post(s) to the Director/Commissioner, Social Justice & Empowerment, Rajasthan for allowing exemption from the operation of the reservation prescribed in rule 36 of these rules.
(2)The case referred to by the Appointing Authority under sub-rule (1) above shall be placed before the Committee by the Director/Commissioner, Social Justice & Empowerment Department. The Committee shall be as under: -
(a)For the post in connection with the affair of the State and falling within the purview of the Rajasthan Public Service Commission;
(i) Chairman of the Rajasthan Public Service Commission or amember thereof nominated by him. Chairman
(ii) Principal Secretary/Secretary to the Government in the SocialJustice & Empowerment Department. Member
(iii) Commissioner for Disabilities, Rajasthan Member
(iv) Principal Secretary/Secretary to the Government in thedepartment of personnel or his representative not below the rankof deputy Secretary. Member
(v) Commissioner, Employment Department Member
(vi) Principal Secretary, Medical & Health Department; and Member
(vii) Secretary of the Administrative Department concerned whereAppointing Authority is the Government and in other cases theAppointing Authority as defined in the relevant service rules. Member Secretary
(b)For the posts falling outside the purview of the Rajasthan Public Service Commission:-
(i) Principal Secretary/Secretary to the Governmentin the Department of Personnel. Member
(ii) The Commissioner for Disabilities, Rajasthan Member
(iii) Principal Secretary/Secretary to the Government,Social Justice & Empowerment Department Member
(iv) The Commissioner, Employment Department,Rajasthan Member
(V) The Principal Secretary of Nodical and HealthServices, Rajasthan Member
(vi) The Appointing Authority concerned Member Secretary
(3)The Committee constituted under sub-rule (2) shall after considering the proposals received for exemption either allow complete exemption from the operation of the reservation prescribed under rule 36 for persons with disabilities for these posts or shall transfer the reservation prescribed under rule 36 for persons with disabilities to such other category of posts where such disability would not be a hindrance.
(4)Where in any recruitment year any vacancy reserved under rule 36 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 and filled up as per provisions of section 36 of the Act.
(5)While selecting a person for appointment on any post identified suitable for any category of persons with disabilities, if other things are equal between the person with such disability and the person without disability, preference shall be given to the person with disability even in the excess for the reservation prescribed for them.