O R D E R

Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J):

The present Original Application has been filed by the applicant aggrieved by the denial of Service Allocation to him by Respondent No.2, despite clearing the UPSC Civil Service Examination, 2019 (hereinafter referred to as “CSE-2019”) based on a Technical Nomenclature (in the form of an arbitrary and erroneous Functional Classification, introduced by the Respondent No.1 and notified by the Respondent No.2 in CSE- 2019 Notification. This nomenclature creates an artificial sub- categorization within the broad Disability Categories), which not only goes against the mandate of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the “RPwD Act, 2016”) and various judicial pronouncements.

2. Facts in brief are that on 19.02.2019, respondent no.2 issued the Notification calling for the applications for various aspirants for CSE-2019. The applicant is a person with a Benchmark disability (PwBD) and appeared in CSE-2019 as a candidate in the PwBD-1 category (Locomotor Disability) having 60% disability. Applicant had appeared against Roll No.1232286. In the said Notification, a set of Functional Classification by sub-categorising the broad disability categories and a set of physical requirements has been prescribed. This means the disabilities have been broadly categorised as Locomotor Disability (LD), Visual Handicap (VH), and Hearing Impediment (HI).The candidates claiming reservation under the Persons with Disability Act will be categorised into these three categories and are expected to perform physical tasks as per requirement. Besides, the physical requirements a Functional Classification has also been provided against each disability.

3. The applicant, after undergoing the rigorous selection process and having successfully cleared the Main Exam (2019), qualified for the personality test and was called for the same on 19.02.2020. On 20.02.2020, the applicant was asked to report to the Safdarjung Hospital for a detailed medical examination and thereafter was asked to undergo a second medical examination on his disability at the All India Institute of Medical Sciences (AIIMS) for disability-specific medical examination by the Specialized Medical Board for PwBDs. The Safdarjung Hospital issued the medical report on 20.02.2020, and on 21.02.2020 the AIIMS Special Medical Board also issued its certificate. The Specialized Medical Board AIIMS in their Report dated 21.02.2020 has stated that the applicant has Muscular Weakness (MW) in both legs and Arms (BLA) and the percentage of his disability is 60% which makes him a PwBD as per the RPwD Act, 2016. The applicant was assessed for the physical tasks which he was capable of performing e.g. Sitting, Standing, Walking, Manipulation by fingers etc. The applicant was found to meet all the physical requirements (Physical Tasks) that he was required to perform for the effective and efficient discharge of his duties as an officer, except Jumping (which is not a criterion enunciated as a physical requirement for the Applicant‟s preferred services). For the sake of clarity, it is stated that his disability is only on account of compromised strength in both his arms and legs due to Muscular Weakness.

4. After the medical examination, the applicant was given the medical clearance and was allotted the All-India Rank (AIR) of 811. The applicant‟s AIR in the Locomotor Disability category was 15. The total number of vacancies in CSE-2019 in the LD category was 17. The different physical requirements have been notified against each All India Services participating in the CSE- 2019. As per the rank of the applicant, he could have qualified for Indian Railway Traffic Services (IRTS) and AFHQS. The physical requirements for the same are:-

1.IRTS: S, ST, BN. W, SE, MF, C, RW, PP, H

2.AFHQS: S, ST, W, BN. MF,SE, RW. H, C.

5. Thus the applicant is required to perform the above- mentioned physical tasks/activities against each servi