incidental thereto. The
Act has made special provisions for persons with benchmark
disabilities under Chapter-VI. Section 34 of the Act provides
for reservation ... victims and
muscular dystrophy;
(d) autism, intellectual
disability, specific learning disability
and mental illness;
(e) multiple disabilities from
amongst persons under clauses
post of
Grande-II against roster point for persons with benchmark
disability under the Rights of Persons with Disabilities Act under
which reservation is provided ... victims and muscular dystrophy;
(d) autism, intellectual disability, specific
learning disability and mental illness;
(e) multiple disabilities from amongst persons
under clauses
provided that the benefits of reservation in promotion of
persons with benchmark disabilities will be limited to Grade-III and Grade-IV post only.
Therefore ... victims and muscular dystrophy and d) autism,
intellectual disability, specific learning disability and mental illness, multiple disabilities from
amongst persons under clauses
victims and muscular dystrophy; (d) autism, intellectual disability, specific learning disability and mental illness; and (e) multiple disabilities from amongst persons under clauses ... Disability. The Form for the Certificate of Disability has also been provided along with the application for applying for Certificate of Disability
each group of posts meant to be filled with persons with
benchmark disabilities of which, one per cent. each shall be
reserved for persons with ... victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning
disability and mental illness;
(e) multiple disabilities from amongst persons under
clauses
less than 5% of seats shall
be reserved for persons with benchmark
disabilities. Sub Section (r) of Section 2 defines
"person with benchmark disability ... HCHP
4
from the Government, for making reservation for
persons with benchmark disabilities. It is true
.
that respective educational institutions are not
before
separate merit list and/or cut-off for persons with benchmark
disabilities’ candidates despite the candidates constituting a separate class of
candidates competing amongst themselves ... disabled friendly, lacking infrastructural facilities making it difficult for persons
with disabilities, particularly those with visual impairments, mobility impairments
or other benchmark disabilities, to practice
benchmark disabilities but extends to students
with disabilities. It is thus evident that the legislature has made a clear distinction
between disability and benchmark disability ... benchmark disabilities (40% disabled or more) by
extending various rights to candidates with disabilities that were earlier limited
only to those with benchmark disabilities. Further
persons with disabilities by
providing appropriate environment.
(3) No person with disability shall be discriminated on
the ground of disability, unless it is shown that ... specified disability where specified disability has not
been defined in measurable terms and includes a person
with disability where specified disability has been defined
RPwD Act, 2016, defines a
“person with benchmark disability” as follows:-
“(r) “person with benchmark disability” means a
person with not less than forty ... specified disability where specified disability has
not been defined in measurable terms and includes
a person with disability where specified disability
has been defined
