Odisha Civil Services: Candidate With Temporary Disability Precluded From Appearing In Viva, High Court Stays Publication Of Result

The Orissa High Court has issued notice to the Odisha Public Service Commission (OPSC) as the recruiting body did not allow a candidate having 40% temporary physical disability to attend the ‘personality test’ of the Odisha Civil Services Examinations-2021.

While giving interim relief to the candidate, the Single Judge Bench of Justice Aditya Kumar Mohapatra ordered,

“Opposite Party No.2 shall allow the Petitioner to participate in the personality test which is going on at the moment. However, the result of the recruitment shall not be published without leave of this Court.”

The petitioner had applied for the OCS Exams-2021 under the PWD category along with disability certificate issued by the concerned medical authority indicating therein that he has 40% temporary disability. However, the OPSC did not allow him to further participate in the recruitment process and he was not allowed to appear in the ongoing personality test.

Being aggrieved by the decision of the OPSC in barring him from taking part in the final test of the examination, the petitioner approached the High Court filing a writ petition.

Subir Palit, Senior Advocate appearing for the petitioner relied upon a notice issued by the Central Government and argued that temporary disability which may lead to permanent disability is also considered under the domain of ‘PWD Category’ as per the provisions of the Rights of Persons with Disabilities Act, 2016.

He also submitted that relying upon that notice of the Central Government, several High Courts have taken the view that the candidates having temporary disability, which has the potential to culminate in permanent disability, are also eligible apply under the PWD category.

He referred to the decision of the Delhi High Court in Anmol Kumar Mishra (Minor) v. Union of India & Ors. and contended that if the temporary disability is likely to worsen in the future, then such person may be allowed to apply under the PWD category for pursuing education and for some other purposes.

Thus, it was submitted that unless the petitioner is permitted to further participate in the recruitment process and is given an opportunity to take part in the personality test, he will be seriously prejudiced.

Having considered the aforesaid contentions, the Court issued notice to the opposite parties, i.e. the State of Odisha, the OPSC and the Union of India. The matter will now be heard on merits from the first week of September, 2023.

As an interim measure, the Court directed the OPSC to allow the petitioner to appear in the personality test and has ordered it not to publish the final results of the examination without obtaining leave of the Court.

“The Opposite Party no.1 is further directed to constitute a Medical Board and the Petitioner be sent to the Medical Board for examination. The certificate be issued by the Medical Board after examination of the Petitioner and shall be produced before this Court by the next date,” the Court ordered further.

Case Title: Satish Kumar Panigrahi v. State of Odisha & Ors.

Case No.: W.P.(C) No. 22903 of 2023

Order Dated: July 21, 2023

Counsel for the Petitioner: Mr. Subir Palit, Sr. Advocate

Counsel for the Respondents: Mr. Saswat Das, Addl. Govt. Advocate for the State; Mr. T. Patnaik for the OPSC; Mr. P.K. Parhi for the Union

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