BREAKING| Supreme Court Allows Physically Disabled Persons To Apply For IPS, IRPFS, DANIPS Services Provisionally In UPSC Selection Process

The Supreme Court on Friday passed an interim order allowing physically disabled persons, who have cleared the civil services exam, to provisionally apply to the Union Public Service Commission for selection to Indian Police Service, Indian Railways Protection Force Service, & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service[DANIPS].

A bench comprising Justice AM Khanwilkar and Abhay S Oka passed the interim order in a writ petition filed by NGO National Platform for the Rights of the Disabled challenging the blanket exclusion of disabled people from these services.

Attorney General for India KK Venugopal, whose assistance was sought in the matter by the Bench on last occasion, submitted that the Union Government wanted to file a reply to the petition.

Solicitor General of India Tushar Mehta sought two weeks time for filing reply to the petition. 

Senior Advocate Arvind P Datar, appearing for the petitioner, sought an interim order permitting the petitioners and similarly placed persons to submit their application form to the Secretary General of UPSC up to next week and submitted their claim can be considered subject to the outcome of the proceedings. He pointed out that the last date for application was yesterday and that the personality test will commence from April 5.

Datar submitted :

"Recently, another bench gave a judgment that the court has to give guidelines as to what is the meaning of the nature of workplace in respect of PWD. In January 2021, about 2000 posts were notified such as data entry operator, watchman, software operator which can be done by people with disabilities. I am requesting that exams are over and we were to file all our preferences as of yesterday evening. Yesterday was the last date. There are many people with disabilities who have passed the written examination. Now they have to fill the form and indicate in the central civil services what they want- IAS, IPS, IFS etc.The PWD are excluded from IPS, Delhi police and railway protection. I want some small interim relief. Please allow the candidates who qualify for personality test in respect of civil services Main exams to submit order of preferences for zone cadre for IAS, IPS etc through online application form. This form is to be made available for those qualified exam in written exam. IPS is completely removed. So we were not able to fill the form. Many of our members appeared in the mains exam and they have passed but they are not able to fill the form. If you could extend the last date by one week or two weeks for disabled people. Admission can be subject to outcome of the writ petition"

When the bench sought the AG's opinion in respect of the request, the AG replied, "They could be allowed to apply and for the sam to be kept in a separate cover subject to your lordships' order"

The Bench observed that it finds the interim prayer to be "reasonable".

The Bench directed that the petitioners and similarly placed petitioners to submit their applications by April 1 physically or through courier. The Bench clarified that applications received after 4 PM on April 1 will not be considered. The Solicitor General urged the Bench to clarify that the ongoing selection process is not disrupted.

Accordingly, the Bench clarified that the order is not to be understood as interdicting the ongoing selection process.

The matter will be considered next on April 18. The order passed by the Bench stated :

"Attorney General and Solicitor General seek time for filing reply affidavit in two weeks' time. Senior Advocate Arvind Datar appearing for the petitioners would submit that he has no difficulty if the respondents are granted time to file reply affidavit. But since the the selection process is already ongoing and the last date for submitting forms in terms of clause 8 of the instructions issued by the Union Public Service Commission has already expired yesterday, the petitioners and similarly placed persons be permitted to submit their application form to the secretary general, UPSC upto the next week and their claim can be considered subject to the outcome of these proceedings. We find this request to be most reasonable. Accordingly, we direct the authorities, in particular, secretary general, UPSC, to accept hard copies of the applications of the concerned candidates such as petitioners and similarly placed persons if submitted physically or by courier on or before April 1 in the office of secretary general, UPSC before 4 PM. It is made clear that the applications received in aforesaid form after 4 PM will not be accepted as valid applications. It is made clear that this order will not interject the ongoing selection process in any manner. The applications, if filed by these petitioners or similarly placed persons before the time and place mentioned in this order, will be considered subject to the outcome of this petition. List this matter on April 18, 2022"

The Bench at first said that the applications have to be submitted physically. However, Datar made a request for allowing applications through post as well, saying that candidates from far flung areas might find it difficult to travel to New Delhi. The Bench accepted this request.

The Writ Petition pointed out that disabled persons are excluded not only from combat roles but also from administrative roles in police services and argued that such blanket exclusion was unconstitutional.  

Case Title : National Platform for the Rights of the Disabled versus Union of India| WP(c) 1343/2021.

Click Here To Read/Download Order