Supreme Court relief for aspirants with disabilities in UPSC applications 

Government says applications will be kept separately until court decision in NGO case

March 25, 2022 02:35 pm | Updated March 26, 2022 12:04 am IST - NEW DELHI

The Supreme Court on Friday allowed people with disabilities who have cleared the civil services written exams time till April 1 to provisionally apply to the Union Public Services Commission for selection to the Indian Police Service (IPS), Indian Railways Protection Force Service (IRPFS) and the Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service (DANIPS).

A Bench led by Justice A.M. Khanwilkar directed the Secretary-General of the UPSC to receive applications either physically or by courier till 4 p.m. on April 1.

The court said the applications would be considered in accordance with the outcome of a petition filed by an NGO, National Platform for the Rights of the Disabled, that has challenged a government notification excluding people with disabilities from these services.

The court clarified that the ongoing selection process in the civil services would continue uninterrupted. The interview stage in the selection process starts from April 5.

The hearing began with the Centre, represented by both Attorney-General K.K. Venugopal and Solicitor-General Tushar Mehta, seeking two weeks' time to file a reply to the NGO's petition.

However, senior advocate Arvind Datar, for the NGO, apprised the Bench that many candidates with disabilities, who had cleared the written exams, were unable to give their preferences among the various branches of the services because the deadline got over by March 24.

"They need to fill DAF2 forms. They have passed civil services and now have to give their preferences... IAS, IFS, IPS, etc. have been removed and so we cannot fill the forms," Mr. Datar submitted.

He said these candidates should be given more time to indicate their preferences, possibly a week or two more.

Speaking for the government, Mr. Venugopal agreed to accommodate the request, saying the candidates could apply physically and their applications could be kept separately till the court took a final decision in the NGO's case.

The court found the government's stand "most reasonable" and also agreed to Mr. Datar's request to add an alternative to handing over the applications physically. The senior lawyer said it would be difficult for people with disabilities from remote areas to travel to Delhi to submit their applications by April 1.

This led the court to add the option of sending the applications via courier.

The NGO has challenged a September 2021 announcement excluding people with disabilities from certain branches of the civil services, both in combat and administrative capacities. Mr. Datar said the issue was of national importance and the notification was both unlawful and arbitrary. He said the exclusion amounted to abuse of the Rights of Persons with Disabilities Act.

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