IMPORTANT POINT
Reservation for Physically Handicapped is a kind of horizontal reservation.

Headnote:(A) Constitution of India – Articles 14 and 16(4) – Civil Services Examination – Increase in attempts to be taken by Physically Handicapped Candidates belonging to OBC Category – When attempts of Physically Handicapped candidates of OBC Category and Physically Handicapped candidates of General Category who appeared in Civil Services Examination are made equal and a Physically Handicapped candidate belonging to OBC Category, in addition to 10 years relaxation in age also enjoys 3 years more age relaxation for appearing in examination, there is no discrimination between Physically Handicapped candidates of OBC Category and Physically Handicapped Candidates of General Category – Reserved category candidate belonging to OBC are separately entitled for benefit which flow from vertical reservation and horizontal reservation being different from vertical reservation, no discrimination can be found when Physically Handicapped candidates of both categories get equal chances i.e. 7 to appear in examination – Horizontal reservation and relaxation for Physically Handicapped Category candidates for Civil Services Examination, is a matter of Governmental policy – Government after considering relevant materials have extended relaxation and concessions to Physically Handicapped candidates belonging to Reserved Category as well as General Category – It is not in domain of courts to embark upon an inquiry as to whether a particular public policy is wise and acceptable or whether better policy could be evolved – Court can only interfere if policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending basic requirement of Article 14 of Constitution. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] (Paras 32 and 47)
       (B) Service Law – Reservation – Civil Services Examination – Increase in attempts to be taken by Physically Handicapped Candidates belonging to OBC Category – Present case is not a case of treating unequals as equal – It is a case of extending concessions and relaxations to Physically Handicapped candidates belonging to General Category as well as Physically Handicapped belonging to OBC Category – Physically Handicapped Category is a Category in itself – A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending relaxation and concessions – Both being provided 7 attempts to appear in Civil Services Examination, no discrimination or arbitrariness can be found in such scenario – View taken by both Madras High Court and Delhi High Court that increasing number of attempts for Physically Handicapped candidates belonging to General Category from 4 to 7 w.e.f. 2007 Examination and not proportionally increasing number of attempts for Physically Handicapped candidates belonging to OBC Category from 7 to 10, is discriminatory and arbitrary, is unsustainable – Impugned judgments set aside and Writ Petition filed by respondents dismissed. (Paras 37, 45 and 51)
       Facts of Case:
       Present appeals have been filed challenging judgments of Madras High Court and Delhi High Court allowing writ petitions filed by Physically Handicapped candidates belonging to Other Backward Classes (OBC), claiming that they are entitled to avail 10 attempts instead of 7 attempts in Civil Services Examination. Challenge is on ground that since attempts for Physically Handicapped candidates belonging to General Category have been increased from 4 to 7, w.e.f. 2007 Civil Services Examination, there should be a proportionate increase in attempts to be taken by Physically Handicapped Candidates belonging to OBC Category.
       Findings of Court:
       Present case is not a case of treating unequals as equal. It is a case of extending concessions and relaxations to Physically Handicapped candidates belonging to General Category as well as Physically Handicapped belonging to OBC Category. Physically Handicapped Category is a Category in itself, a person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending relaxation and concessions. Both being provided 7 attempts to appear in Civil Services Examination, no discrimination or arbitrariness can be found in above scenario.
       Result : Appeals allowed

JUDGMENT

ASHOK BHUSHAN J.

Leave granted.

2. These appeals have been filed challenging the judgments of Madras High Court and Delhi High Court allowing the writ petitions filed by Physically Handicapped candidates belonging to Other Backward Classes (OBC), claiming that they are entitled to avail 10 attempts instead of 7 attempts in the Civil Services Examination. The challenge is on the ground that since the attempts for Physically Handicapped candidates belonging to General Category have been increased from 4 to 7, w.e.f. 2007 Civil Services Examination, there should be a proportionate increase in attempts to be taken by Physically Handicapped Candidates belonging to the OBC Category.

3. C. A. No. 858 of 2017 @ Special Leave Petition (Civil) No. 21587 of 2013 had been filed against the judgment of the Division Bench of Madras High Court dated 24.1.2012 in Writ Petition (c)No. 18705 of 2010 titled M. Selvakumar versus Central Administrative Tribunal and Others.

4. C. A. No. 859 of 2017 @ Special Leave Petition (Civil) No. 18420 of 2015, Union Public Service Commission versus Tushar Keshaorao Deshmukh and Another and C. A. No. 860 of 2017 @ SLP © No. 25885 of 2015 Union of India versus Tushar Keshaorao Deshmukh and Another have been filed against the same judgment of Delhi High Court dated 13.10.2014 in Writ Petition (c)No. 7377 of 2013.

5. The Delhi High Court in its judgment dated 13.10.2014 has followed the judgment of Madras High Court in M. Selvakumar’s case (Supra).

CA No. 858 of 2017 @SLP (C) 21587 OF 2013

6. The Respondent M. Selvakumar, an orthopaedically differently-abled person belonging to Other Backward Class (OBC) applied for Civil Services Examination for the first time in the year 1998. The Respondent took 7 attempts between the examination held in the year 1998 to 2006, but failed to qualify the same.

7. Prior to 2007 Examination, Physically Handicapped candidates belonging to General Category were entitled to take only 4 attempts which were allowed to General Category Candidate also, whereas, Physically Handicapped candidates belonging to OBC Category were entitled to take 7 attempts equal to OBC Category candidates also. There was no restriction on the number of attempts for candidates belonging to SC/ST Category.

8. The Central Government is authorised to frame rules for recruitment of Civil Services Examination as per All India Services Act, 1951. By Notification dated 29.12.2007, the Central Government amended the Civil Services Examination Rule by adding a condition that Physically Handicapped Candidate belonging to General Category shall be eligible for 7 attempts.

9. The Respondent submitted his application in response to the Notification dated 29.12.2007, appearing for his 9th attempt.The candidature was not accepted, as he had already exhausted his 7 attempts at the examination. The Respondent filed an O. A. No. 905 of 2008 before the Central Administrative Tribunal, Madras Bench, praying for the following reliefs:

“(i) To declare that the clause 3(iv) of the notification dated 29.12.2007 in respect of the civil service preliminary examination, 2008 published in the employment news 29.12.2007-04.01.2008 edition as illegal in so far as not giving three more additional attempts to the physically handicapped in the other backward class apart from being discriminatory, violation of article 14 and in violation of the basic frame work of the PWD Act, 1995.

(ii) Consequently direct the 2nd respondent to extend three more attempts to the applicant for the Civil services preliminary examination.

(iii) Pass such other orders or direction as this Hon’ble Tribunal may deem fit in the circumstances of the case and to award costs and render justice.”

This application was contested by the Union of India.

10. The Tribunal vide its judgment and order dated 17.03.2010, refused to condone the delay of 883 days in filing the application and consequently dismissed the same. The Respondent filed a Writ Petition before the Madras High Cour

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2017 Supreme(SC) 73

IMPORTANT POINTReservation for Physically Handicapped is a kind of horizontal reservation.

Cases Referred (7)

IMPORTANT POINT
Reservation for Physically Handicapped is a kind of horizontal reservation.