NEW DELHI: The Supreme Court on Friday allowed candidates with physical disabilities, who have cleared the civil services written exam, to provisionally apply to the Union Public Service Commission (UPSC) for selection to Indian Railways Protection Force Service, Indian Police Service & Delhi, Daman & Diu, Dadra, and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service [DANIPS].
A bench comprising Justice AM Khanwilkar and Justice Abhay S Oka passed this interim order and directed the Secretary-General of UPSC to receive the applications either physically or by registered post by April 1. The Central government represented by Attorney General of India KK Venugopal and Solicitor General Tushar Mehta said they want to file their reply on the matter to which the court granted them two weeks to file the same. The top court said the applications would be considered in accordance with the outcome of the legal proceedings on the petition filed by an NGO, National Platform for the Rights of the Disabled, which has challenged a government notification that excludes people with physical disabilities from these services. The next date of hearing is on April 18. The court, however, said that the ongoing selection would go on undisturbed.
Senior advocate Arvind Datar appearing for the NGO submitted before the court that there were several candidates who had passed the written examination and were not able to fill their preferences so he requested time to fill out the form.
"…There are many people with disabilities who have passed the written examination. Now they have to fill out the form and indicate in the central civil services what they want- IAS, IPS, IFS, etc. The PWDs are excluded from IPS, Delhi police, and railway protection. I want some interim relief...This form is to be made available for those qualified in the written exams. IPS is completely removed. So we were not able to fill out the form. Many of our members appeared in the mains exam and they have passed but they are not able to fill the form…” He said.
The petition has challenged a government notification dated August 18 that excludes people with physical disabilities from certain branches of the civil services, both in combat and administrative capacities. “That the blanket exemption of PwDs from occupying all posts in the IPS, DANIPS, and IRPFS outlined in the Impugned Notification is manifestly arbitrary and thus violative of Article 14 of the Constitution of India.” The plea reads. “That the Impugned Notification is contrary to the principle of reasonable accommodation – a central feature of the RPwD Act. Instead of identifying ways to break down the barriers that exist to the disabled occupying administrative/ministerial/clerical roles in the IPS, DANIPS and IRPFS, Respondent No. 1 has chosen to exempt these establishments from granting reservation to PwDs altogether. This approach defeats the objects and aims envisioned by the RPwD Act” it added.