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