UPSC Civil Service Exams:How Many Differently Abled Candidates Deserved To Selected On Merit Without Quota In 2008 CSE? Supreme Court Asks Centre

The Supreme Court on Tuesday asked the Union Government to file an affidavit regarding compliance with the Central Administrative Tribunal's order of directing to undertake the exercise of determining as to how many differently abled candidates who participated in CSE 2008 and other examinations deserved to be selected on the basis of their own merit without the PWD quota

The bench of Justices Ajay Rastogi and AS Oka was considering civil appeal preferred by Center assailing Delhi High Court's order of affirming Central Administrative Tribunal's order.

While listing the matter for further argument on March 8, 2022 the bench in their order said, "After we have heard Ld. counsel for the parties and before we proceed to conclude the matters, we consider it appropriate to direct the Union of India/Appellant(s) to file an affidavit regarding compliance to be made in terms of the operative part of the Tribunal's order as referred to above. While doing so, it may be kept in mind the view expressed by this Court regarding determination of backlog vacancies for physically challenged persons in paragraph 37 of the judgment reported in 2013(10) SCC 772 within four weeks from today and advance copies to be served to the respective counsel for the parties who are appearing in the connected matters."

The bench also relied on its judgment in Union of India & Anr. Vs. National Federation of the Blind & Ors 2013(10) SCC 772 as per which the Top Court had observed that the Government of India is under an obligation to identify and determine backlog vacancies for differently abled persons after the 1996 Act came into force.

The issue before the Top Court was whether differently abled persons who qualified at their own merit without availing benefit of relaxation were entitled to occupy the open category vacancy.

Another issue for adjudication was whether additional numbers of vacancies were to be filled for differently abled persons in the physically disability category reserved for them in terms of the provisions of the PWD (Equal Opportunities, Protection of Rights, and Full Participations) Act, 1995 Act keeping in view the mandate of Section 33 of the Act.

Factual Background

The Government of India had issued a circular on December 29, 2005 which was followed with another OM dated April 29, 2006 and January 15, 2018. As per the circular the differently abled persons who participated in the selection process held by Civil Service Examination who found place in open merit without availing any relaxation were to be adjusted against open category vacancy. As per the circular, additional numbers of vacancies was to be made available to such of the differently-abled persons who availed relaxation while participating in the selection process taking advantage of reservation for physically challenged persons.

The respondent, Pankaj Kumar Srivastava had participated in the CSE 2008 as a physically challenged person but did not find place in order of merit because of the error being committed, as alleged, by the authority in computing the numbers of vacancies reserved for physically challenged candidates.

Aggrieved, he approached the Tribunal. The tribunal disregarded Srivastava's contention that allowing scribe's facility and extra time to attempt the exam was a relaxation. However it directed UPSC to:

• undertake the exercise of determining as to how many candidates in CSE 2008 and other examinations based on their ranking deserved to be selected
• adjust them against against unreserved vacancies on their own merits as provided in the Office Memorandum dated December 29, 2005
• Select rest of the candidates belonging to visually impaired category against against reserved category and give them appointment

within a period of three months from the date of order.

Case Title: Union of India v. Pankaj Kumar Shrivastava| Civil Appeal No. 3303/2015

Coram: Justices Ajay Rastogi and AS Oka

Click Here To Read/Download Order