PWD Reservation In UPSC CSE Can't Be On 'Tentative Vacancies'; Legal Uncertainty Violates Fundamental Rights: Delhi High Court Told

The Petitioners challenging the preliminary examination notice for direct recruitment to Civil Services in the year 2020 on the ground that it neglects the minimum reservation to be provided to disabled persons today told the Delhi High Court that the UPSC cannot grant such reservation on the basis of "tentative vacancies".

The counsel appearing for petitioners submitted that under the Rights of Persons with Disabilities Act, 2016, the minimum mandatory reservation for PWD candidates is 4% of "vacancies".

"But, the exam notice issued by UPSC refers to "tentative vacancies". How can you have 4% of tentative vacancies? How can you make what is absolute under the Act, uncertain? Legal uncertainty violates Fundamental Rights," the counsel submitted.

The Bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing the pleas filed by Sambhavana Society and Evara Foundation, claiming that not enough seats were reserved for those with visual and multiple disabilities in accordance with the RPWD Act.

Earlier, Advocates Pankaj Sinha and DK Mahajan for the Petitioners claimed that the total vacancies in 2020 were 796 and ideally 4% reservation (culminating into 32 seats) was to be given under the RPWD Act. However, only 24 seats allocated to the category.

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Later, the Court was informed that final vacancies notified for CSE 2020 are 836, out of which against 251 vacancies, there can be no reservation. As against the remaining 585 vacancies, 24 vacancies have been reserved and thus the reservation is in accordance with the mandate of Section 34(1) of the RPWD Act, i.e. 4%.

Considering the urgency of the matter, the Court has now listed the matter for hearing on 23 December.

Meanwhile, it has permitted the Respondents to bring on record the file in WP(C) 6036/2015, wherein Sambhavana Society had challenged the vacancy position for persons with disabilities in each of the services, for which the Civil Services Examination, 2015 was notified.

The said petition was later dismissed keeping in view the fact that subsequent CSE 2016 and 2017 examinations were also concluded.

Significantly, Evara Foundation has also challenged exam notice for Civil Services Examination 2021, to the extent recruitment of Persons with Benchmark Disabilities is concerned.

Case Title: Sambhavana v. Union of India