UPSC Exams : Supreme Court Asks Disabled Candidate Seeking Same Attempts As SC/ST Candidates To Approach HC

The Supreme Court today refused to entertain a writ petition seeking equal relaxation to candidates belonging to physically handicapped category with SC/ST candidates in the upcoming Civil Services Notification in relation to the maximum number of attempts.

When the matter was called for hearing the bench of Justices L Nageswara Rao and BR Gavai asked the petitioner's counsel to approach the Delhi High Court.

"Why have you come here? Why don't you go to the HC? You think that can't be done by the HC? Why should we entertain the petition here? Withdraw it and go to the Delhi High Court," remarked the bench while refusing to entertain the writ.

Accordingly, the bench in its order said, "Learned Counsel for the petition seeks permission to withdraw this petition filed under Article 32 of the Constitution to approach the High Court for redressal of his grievances under Article 226 of the Constitution. Permission granted. The writ petition is accordingly dismissed as withdrawn with aforesaid liberty."

The writ preferred was by one Devendra Sharma who appeared in the Civil Services Examination 2018 under the reserved disabled category of PH-3 (hearing impairment).

It was argued in the petition that disparity in relaxations given to SC/ST candidates and PwD candidates amounted to discrimination and violation of right to equality.

"Both the Respondents DOPT and UPSC have limited and apportioned only 9 attempts for the candidates belonging to PwBD General/OBC/Economically Weaker Section category. However, there is no such limitation/cap on the number of attempts candidates belonging to the SC/ST category. Thus, the same is in direct violation of Article 14, 16 & 21 of the Constitution of India," the petition had stated.

The petition was filed through Advocate on Record Anupam Kishore Sinha and the petitioners were represented by Advocate(s) Avinash Kumar Sharma and Abhishekh Awadhani.

Case Title: Devendra Sharma v. Union of India & Anr| WP(C) 974/2021

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