Bombay High Court rejects plea challenging limit on civil service exam attempts for disabled persons

The Bombay High Court on February 4 dismissed a petition challenging Rule 3 of the Civil Services Examination Rules 2024 which limits the number of attempts for Persons with Benchmark Disability (PwBD) in the General, Economic Weaker Section (EWS) and Other Backward Class (OBC) categories to nine [Dharmendra Kumar v UOI].The petitioner had moved the Court arguing that this restriction was discriminatory and arbitrary since Scheduled Caste and Scheduled Tribe (SC/ST) candidates with PwBD status are allowed unlimited attempts.A Bench of Justices Bharati Dangre and Ashwin D Bhobe observed that the classification between PwBD candidates in the SC/ST and OBC categories was not arbitrary since these are distinct categories with separate criteria under the Constitution. "We arrive at a conclusion that the challenge raised by the petition to Rule 3 of the Civil Services Examination Rules 2024, must fail as merely because the petitioner belong to OBC category in PwBD, he do not deserve the same number of attempts, which are available to an SC/ST candidate and who coincidentally happen to be a PwBD, as an SC/ST candidate stand on a different footing than an OBC candidate," the Court ruled..The petition was filed by Dharmendra Kumar, a 38-year-old resident of Mumbai with 57% multiple disability, including locomotor and visual impairments. Kumar had unsuccessfully attempted the Civil Services Examination nine times in the past and challenged the limitation of nine attempts for PwBD candidates in the General, EWS and OBC categories. He claimed that the rule was discriminatory because it capped his attempts despite his eligibility for age relaxation under the PwBD category. Kumar sought unlimited attempts, similar to those granted to PwBD candidates in the SC/ST category.In his arguments, Kumar contended that the sub-classification of PwBD candidates based on their category (SC/ST or OBC) violated principles of equality. He argued that the classification was unfair and that PwBD candidates should be treated as a separate class deserving equal treatment. The respondents including the Union of India and the Union Public Service Commission argued that the differentiation between PwBD candidates in the SC/ST and OBC categories was reasonable, as these categories are constitutionally distinct and the rule aims to provide targeted benefits to each group..The Court ultimately dismissed the petition, finding no merit in the claim that PwBD candidates should be entitled to the same number of attempts as SC/ST candidates. In its conclusion, the Court explained that the reservation for PwBD candidates is a "horizontal reservation," meaning it applies across all categories, including General, SC/ST and OBC. This is different from the "vertical reservation" system which separately applies to each category, such as SC/ST or OBC. "Rule 3 of the Civil Services Examination Rules, 2024, according to us do not create any further classification in the PwBD class as PwBD is a horizontal reservation, whereas the reservation for SC/ST and OBC is a vertical reservation," the Court said..The Court emphasized that the intention of the Rights of Persons with Disabilities Act of 2016 is to empower persons with disabilities by providing them better opportunities. The Court further relied on a SC ruling to clarify that horizontal reservations cut across the vertical reservations, that is called inter-locking reservations."Scheduled Caste/Scheduled Tribe is the distinct class from the Other Backward Classes and since they are two different classes, a class in themselves and, hence, while prescribing different criteria for them do not and cannot be termed as arbitrary," the Court concluded..Advocate Rajesh Bhosle appeared for the petitioner.Advocate Savita Ganoo along with advocate DP Singh appeared for Union of India.Advocate Sudha K Gond instructed by advocate Vinod Joshi appeared for the Union Public Service Commission..[Read Judgment]