UPSC Civil Services Exam: Delhi High Issues Notice On Plea Seeking Age Relaxation, Unlimited Attempts For PwD Candidates

The Petitioner, Evara Foundation, has sought implementation of the Supreme Court's judgment in Aryan Raj vs. Chandigarh Administration & Ors. where the Supreme Court confirmed that persons with disabilities are also socially backward, hence, are entitled to the same benefits of relaxation as Scheduled Caste/ Scheduled Tribe candidates in public employment and education.

The Petitioner also seeks age-relaxation (up to 47 years of age and not 42 years) to all categories of PwD, irrespective of their vertical category.

After hearing Advocate Pankaj Sinha for the Petitioner, the Division Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice on the petition.

Respondents— Union of India, UPSC, DoPT, Ministry of Social Justice & Empowerment, Ministry of External Affairs, Ministry of Home Affairs and CAG— have been asked to file their replies in the matter.

Advocate Naresh Kaushik appeared for UPSC. Advocate Gaurang Kanth appeared for remaining Respondents.

The petition also challenges Exam Notice for Civil Services Examination 2021, to the extent recruitment of Persons with Benchmark Disabilities is concerned.

The plea highlights that impugned notice failed to provide the requisite reservation, i.e., not less than 4%, to PwD category candidates as per Section 34 of the Rights of Persons With Disabilities Act, 2016.

It is stated that against 712 advertised vacancies, the UPSC has reserved only 22 seats for PwD category whereas 4% reservation would amount to 29 seats.

"In case of Pw BDs most of the vacancies are yet to be filled still lesser number of reserved vacancies are advertised than the reservation available for PwBDs and that too on the basis of the number of vacancies advertised in a particular year for Civil Services Examination," the plea states.

Sinha pointed that the Prelims examination is already conducted and at least 91 PwD category candidates will be at loss if the mains examination are not stayed.

However, the Bench was not inclined to grant interim relief.

The plea further pointed out that PwD candidates are bifurcated into 5 categories— (a) blindness and low vision (b) deaf and hard of hearing; (c) locomotor disability; (d) autism, intellectual disability; (e) multiple disabilities.

Section 34 requires that 1% seats each be reserved for first three categories and 1% seats be reserved for the remaining two. However, it is alleged that category (d) has been completely excluded from the ambit of reservation.

Significantly, the Petitioner has also pointed out that the impugned notice for 2021 exam has also de-identified IFS (Indian Foreign Service) and IAAS (Indian Audit & Account Service) from the posts suitable to be held by persons with Visual Impairment which were previously identified to be held by persons with Visual impairment.

Similarly, DANIPS cadre which has been previously identified suitable to be held by all the categories of persons with disabilities, have now been de-identified, the plea states.

"The principle of reasonable accommodation captures the positive obligation of the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society.

For the present, suffice it to say that, for a person with disability, the constitutionally guaranteed fundamental rights to equality, the six freedoms and the right to life under Article 21 will ring hollow if they are not given this additional support that helps make these rights real and meaningful for them," the plea avers.

The matter is now listed for hearing on 15^th December.

Also Read: Plea Challenging UPSC Prelims Notification 2020 For Neglecting Statutory Reservation For PwD Category, Delhi HC Issues Notice

Case Title: Evara Foundation v. Union of India