Supreme Court allows persons with disability to provisionally apply for entry into IPS, DANIPS, IRPFS

The Supreme Court on Friday allowed disabled candidates to file provisional application for admission to Indian Police Service (IPS), the Indian Railways Protection Force Service (IRPFS) and the Delhi, Daman and Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service (DANIPS) as their preferred cadre at the Union Public Service Commission (UPSC) [National Platform for the Rights of the Disabled vs Department of Empowerment for Persons with Disabilities]..A Bench of Justices AM Khanwilkar and Abhay S Oka directed the government to receive provisional applications from disabled candidates physically even though the last date for online submission of form lapsed on Thursday. This order was passed after Attorney General for India KK Venugopal suggested that the candidates be allowed to apply provisionally subject to the outcome of the case before the Supreme Court."After the case is heard and if they are held eligible they will be given a separate opportunity," the AG said. .The Court was hearing a petition filed by the National Platform for the Rights of the Disabled challenging a September 2021 notification as per which persons with disabilities were excluded not only from combat roles but also from administrative posts in IPS, IRPFS and DANIPS.The plea submitted that the notification was illegal and arbitrary."Due to the notification, persons with disabilities cannot opt for any services in these three and thus miss out on an important career pathway," the petition stated.The plea further said that the Central government in a colorable exercise of its powers under Section 34 of the Right of Persons with Disabilities Act made a blanket exclusion of all categories of posts in IPS, DANIPS and IRPFS."Though the Section provides right to Central government to exempt any post from the purview of reservation for persons with disabilities, it is not an unbridled power," the plea said.The Central government has to consult the Chief Commissioner for Persons with Disabilities before granting such exemption, it was contended..Senior Advocate Arvind Datar today requested for interim relief since the last date of form submission of candidates who have cleared the mains exams was yesterday and due to the policy, they could not file their applications..The Bench thus directed the Secretary General of the UPSC to accept hard copies of applications of petitioners and similarly placed persons on or before April 1, 2022..Since AG Venugopal and Solicitor General Tushar Mehta sought time to file a counter affidavit, the Court granted a two weeks time for the government to respond. .The Bench made it clear that "no applications will be accepted beyond April 1, 4 pm. These proceedings will in no way interject the ongoing proceedings.".The plea will now be heard on April 18, 2022. .[Read full courtroom exchange]