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 rights.

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 learned counsel Mr. Rajesh Bhosle for the petitioner and Advocate Ms. Savita Ganoo for respondent nos.1 to 4. Ms. Sudha Gond represented the Union of Public Service Commission and considering the urgency expressed, by consent of the respective counsel, we issue ‘Rule’. Petition is taken for final hearing at the stage of admission.

3. The petitioner Shri Dharmendra Kumar, aged 38 years is resident of Mumbai, State of Maharashtra, and he is armed with a Disability Certificate issued by the Medical Authority, Mumbai, assessing his Locomotor Disability as 53 % and his Low Vision Disability Right Eye (RE), diagnosed with AMBLYOPIA as 10%. The Disability Certificate dated 11/3/2023 issued in favour of the petitioner certify his impairment as 57% and the certificate clearly state that his condition is not likely to improve.

4. The petitioner is an aspirant for Civil Services Examination (CAC-2024) to be held by the Union Public Service Commission for the purpose of filling vacancies in the services like Indian Administrative Service (IAS), Indian Foreign Service (IFS), Indian Police Service (IPS), Indian Audit and Accounts Service, Indian Revenue Service (IRS), Indian Railway Management Service etc.

For conduct of the Civil Services Examination, the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training i.e. respondent no.1 on 14/02/2024, issued a notification, in form of Rules providing the general information as well as stipulating the requisite qualifications, prescribing the vacancies and reservation, age, along with the other eligibility criteria to be fulfilled by a candidate who was desirous of appearing for the said examination.

5. The petitioner had unsuccessfully given 9 attempts of the Civil Service Examination conducted by the Union Public Service Commission in the past and he feel aggrieved by the imposition of restriction on the number of attempts imposed by the notification dated 14/02/2024, and we would paraphrase his grievance in the subsequent paragraphs, when we simultaneously set out the necessary requirements for appearance for the Civil Services Examination of 2024, to be conducted by the UPSC in accordance with the manner prescribed in the appendix appended to the said Rules referred to as ‘Civil Services Examination Rules-2024’.

6. According to the petition, Rule 5 prescribe the upper age limit for the candidates appearing for Civil Services Examination as 32 years and as per Rule 5 (2)(b), the upper age limit of 32 years is relaxable upto maximum 3 years in case of candidates belonging to OBC category and in terms of Rules 5 (2)(f), which is applicable to the candidates belonging to persons with Benchmark Disability (PwBD) as specified therein, the prescribed age limit of 32 years is further relaxable upto m