Delhi HC seeks details of vacancies for disabled in Civil Services Exam

Quota according to RPWD Act ignored in notifying vacancies, say petitions

August 01, 2021 06:31 pm | Updated 06:31 pm IST - New Delhi

File photo of the Delhi High Court.

File photo of the Delhi High Court.

The Delhi High Court has asked the Department of Personnel and Training (DoPT) to give the details of the total number of vacancies notified and reservations given in accordance with the Right of Persons with Disabilities Act for the Civil Services Exam (CSE) 2020.

A bench of Chief Justice D.N. Patel and Justice Jyoti Singh gave the direction while hearing two petitions which alleged that seats for the visually-impaired and people with multiple disabilities have not been reserved in accordance with the Rights of Persons with Disabilities (RPWD) Act of 2016.

The High Court asked the DoPT to submit an additional affidavit before August 2, the next date of hearing in the matter.

“The DoPT will clearly highlight in the affidavit the total number of vacancies notified and the reservations given in accordance with Section 34(1) of the Right of Persons with Disabilities Act, 2016 as also the details of 251 vacancies for which it is stated that no reservations can be made,” the court ordered.

Central government standing counsel submitted that the final vacancies notified for the CSE 2020 are 836, out of which there can be no reservation for 251 vacancies. The counsel said as against the remaining 585 vacancies, 24 have been reserved and thus the reservation is in accordance with the mandate of Section 34(1) of the Act, that is, 4%.

The High Court was dealing with two petitions: one filed by Evara Foundation and other by NGO Sambhavana. It had earlier sought responses of the Centre, Union Public Service Commission (UPSC) and the DoPT on the pleas seeking quashing of the notice announcing the civil services preliminary and an interim stay on declaration of the results on the ground that inadequate number of seats have been reserved for persons with visual and multiple disabilities.

Evara Foundation has contended that due to inadequate number of advertised vacancies for visually-impaired and those having multiple disabilities, fewer candidates belonging to these two categories would qualify for the main examination.

It has also said that the number of seats reserved for visually-impaired, deaf, hard of hearing and locomotor disabilities is not in accordance with the RPWD Act.

NGO Sambhavana, a registered society for the disabled, has claimed that UPSC has reserved only 24 vacancies for persons with disabilities out of a total 796 'expected approximate vacancies'.

This, Sambhavana, said was below the 4% mandatory reservation under section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016. The plea said 4% of 796 vacancies works out to 32 positions.

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