Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE, JJ.
Dharmendra Kumar – Appellant
Versus
Union of India, Ministry of Personnel Public Grievances and Pension, Department of Personnel – Respondent
JUDGMENT :
(BHARATI DANGRE, J.)
1. The petitioner with 57% Multiple Disability, and being eligible for reservation under clause (e) of sub-section (1) of Section 34 of “The Rights of Persons with Disabilities Act, 2016” has approached this Court through the Writ Petition raising a challenge to Rule 3 of the Civil Services Examination Rules 2024, framed by the respondent no.1 Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, vide its notification bearing No. 13018/07/2023- AIS-I, on 14/02/2014.
The petitioner is aggrieved by the imposition of restriction on the number of attempts for persons with Benchmark Disability (PwBD) under General/Economically Weaker Section / Other Backward Classes (GL/EWS/OBC) category to 9 attempts and it is the contention of the petitioner that he ought to avail unlimited number of attempts as there cannot be discrimination in the category of persons with Benchmark Disability, which is a class, by itself and therefore the classification between the SC/ST, who are allowed unlimited attempts, whereas restriction of attempts for GL/EWS/OBC candidates to 9, is discriminatory and therefore arbitrary.
2. We have heard lea
The classification of PwBD candidates in Civil Services Examination Rules is valid, allowing different number of attempts for SC/ST and OBC categories, reflecting a legitimate policy decision.
The classification of PwBD candidates in the Civil Services Examination Rules is valid, allowing different treatment for SC/ST and OBC candidates regarding the number of attempts.
The classification of candidates with disabilities for civil service attempts is lawful, distinguishing between SC/ST and OBC categories, affirming that policy decisions do not violate equality right....
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
