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2014 Supreme(Del) 2718
HIGH COURT OF DELHI
S. Ravindra Bhat, Vipin Sanghi, JJ.
Tushar Keshaorao Deshmukh - Appellant
Versus
Union of India & Anr. - Respondent
W.P.(C) 7377/2013, C.M. No. 15839/2013
Decided On : 13-10-2014
For the Petitioner:Sh. Rajan Mani, Advocate.
For the Respondent No. 1:Sh. Vikas Mahajan, CGSC with Sh. Rohan Gupta, Sh. S.S. Rai and Ms. Ruchika Mahajan, Advocates.
For the Respondent No. 2:Sh. Naresh Kaushik and Sh. Vardhman Kaushik, Advocates.
Headnote:
Service Law - Writ petition - Reservation - Disabled candidate - Cancellation of candidature - Increase in attempt - Petitioner is a hearing-impaired candidate - UPSC rejected his candidature on the ground that he had already appeared seven times in previous examinations - CAT upheld UPSC's rejection of the petitioner's candidature in CSE-2012 - Till 2007, open merit disabled candidates were permitted only four attempts - This was increased later to seven attempts - OBC candidates were entitled and continued to be entitled to seven attempts - Number of attempts in the case of those OBCs who are also persons with disabilities continued to be the same, i.e. seven - Held, petitioner and other similarly situated OBC candidates who are disabled are entitled to a maximum of ten attempts instead of seven attempts in terms of CSE-2012 - Cancellation of petitioner's candidature is set aside - Respondents are directed to declare the petitioner's result - In case he is deemed successful, process his claim for appointment - Writ petition is allowed.
1. In these proceedings under Article 226 of the Constitution, an order of the CAT dated 19.07.2013 dismissing O.A. No. 930/2013 has been challenged. The petitioner had sought for the quashing of an order of the second respondent – Union Public Service Commission (UPSC), cancelling his candidature for the Civil Services Examination-2012 (CSE-2012) on the ground that it was his eighth attempt and that he had exceeded the permissible number of attempts, i.e. seven, in the CSE, for the disabled candidates in the OBC category.
2. The petitioner is a hearing-impaired candidate suffering from hearing impairment and is a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He had applied for and appeared in the CSE-2012. The respondents allow open category candidates a maximum of four attempts in such examination and OBC candidates are permitted a maximum of seven attempts. From CSE-2007 onwards, the respondents increased the permissible attempts of open category disabled candidates from four to seven. However, the corresponding number of permissible attempts for disabled candidates in OBC category was not increased and they continued to be allowed only seven attempts. The petitioner had till 2008 applied for and appeared in Central civil services examinations. However, he could not appear for this examination. The petitioner had applied and attempted CSE-2012; on that occasion, the concerned notification issued by the UPSC on 04.02.2012, by clause 4 stated that eligible candidates would be permitted four attempts in the examination. The first proviso to clause 4 did not place any restriction on the number of attempts in the case of SC/ST candidates. However, in the case of OBC candidates, the number of permissible attempts was seven, and the third proviso stated as follows:
“Provided further that a physically handicapped will get as many attempts as are available to other non-physically handicapped candidates of his or her community, subject to the condition that a physically handicapped candidate belonging to the General Category shall be eligible for seven attempts............”
3. The petitioner had applied as hearing impaired/OBC candidate for CSE-2012; he states that he wrote to the UPSC on 26.04.2012, requesting that he be permitted two extra attempts, within an overall 10 attempts, in view of the judgment of the Madras High Court delivered in M. Selvakumar v. CAT [W.P.(C) 18705/2010, decided on 24.01.2012]. He, however, subsequently received a Show Cause Notice dated 05.02.2013 from the UPSC, alleging that he had made misstatement regarding the number of attempts, and asking him why he ought not be proceeded against under the rules. The petitioner replied to the allegations, contending that he had attempted the civil service examinations on seven occasions and that his candidature in CSE-2009 and CSE-2010 were cancelled on the ground that he had already exhausted seven attempts. Those attempts were not counted. It is stated, therefore, that according to UPSC records, the petitioner actually attempted the civil service examinations six times. He also relied upon the ruling of the Madras High Court in M. Selvakumar (supra) and stated that three further attempts could be permitted in its terms.
4. The UPSC, however, by its order dated 15.02.2013, decided to cancel the petitioner’s candidature. This was challenged by him in O.A. No. 930/2013. By an interim order dated 18.03.2013, the CAT directed that the petitioner may be provisionally permitted to appear in the interview pursuant to CSE-2012 and that his results may not be published. Consequently, on 26.04.2013, the petitioner was permitted to appear in the interview with the UPSC. On 03.05.2013, the second respondent issued a Press Note, containing the list of candidates recommended for appointment pursuant to CSE-2012 along with a Corrigendum.
5. The UPSC had inte
