Asha Bhikanrao Sonewane vs State Of Maharashtra And Ors

6. The Respondent M. Selvakumar, an orthopaedically differently-abled person belonging to Other Backward Class (OBC) applied for Civil Services Examination for the first time in the year 1998. The Respondent took 7 attempts between the examination held in the year 1998 to 2006, but failed to qualify the same.

7. Prior to 2007 Examination, Physically Handicapped candidates belonging to General Category were entitled to take only 4 attempts which were allowed to General Category Candidate also, whereas, Physically Handicapped candidates belonging to OBC Category were entitled to take 7 attempts equal to OBC Category candidates also. There was no restriction on the number of attempts for candidates belonging to SC/ST Category.

9. The Respondent submitted his application in response to the Notification dated 29.12.2007, appearing for his 9th attempt. The candidature was not accepted, as he had already exhausted his 7 attempts at the examination. The Respondent filed an O. A. No. 905 of 2008 before the Central Administrative Tribunal, Madras Bench, praying for the following reliefs:

11. The common respondent in the aforesaid appeals is a Physically Handicapped candidate belonging to the OBC Category who had submitted an application for Civil Services Examination, 2012. Although, he was permitted to appear in the Preliminary Examination but when he submitted the detailed application form for appearing in the Main Examination, the Union Public Service Commission, having noticed that he had already exhausted his 7 attempts at the examination, issued a show cause notice and rejected his candidature for the 2012 Examination. The candidate aggrieved by the rejection of his candidature filed an O. A. No. 930 of 2013 in the Central Administrative Tribunal Principal Bench, Delhi.

12. The O.A. was contested by the Commission, stating that the applicant in his application had not correctly mentioned the number of attempts undertaken by him, and after scrutiny it was found that he had already availed as many as 8 attempts at the examination, exhausting the maximum number of attempts permissible to his Category, i.e. Physically Handicapped candidates belonging to OBC Category, thereby his candidature was rightly cancelled. It was also submitted that the Writ Petitioner had not approached the court with clean hands as he had not disclosed correctly, the number of attempts undertaken by him. There being suppression of the facts and the applicant not being eligible to appear in 2012 Examination, his candidature was rightly rejected.

14. The Union Public Service Commission filed an appeal challenging the above judgment dated 13.10.2014 and this Court on 08.07.2015 stayed the operation of the aforesaid judgment of the Delhi High Court.

35. The appeal was allowed and those Physically Handicapped candidates, who were selected from General Category and had their services subsequently terminated, were directed to be continued in service.

vision have been listed at SI. No. 24-27 on Page No. 592.

8. The blind/low-vision and other visually disabled persons belonging to SC & ST category are in any case enjoying the benefit of 5% relaxation in marks obtained at the masters’ level for appearing in the NET examination conducted by the UGC. By extending the same relaxation to particularly blind/low-vision and in general all disabled at par with SC & ST disabled would bring parity amongst all persons with disabilities irrespective of their vertical categories.”

51. In view of the foregoing discussions, both sets of appeals deserve to be allowed. The judgment of the Madras High Court dated 24.1.2012 in M. Selvakumar versus Central Administrative Tribunal and Others is set aside and the Writ Petition is dismissed. Similarly, the judgment of Delhi High Court dated 13.10.2014 impugned in the last two appeals is set aside and the Writ Petition filed by the respondents is hereby dismissed. All the appeals are allowed.

……………………………………………J [Ranjan Gogoi] ……………………………………………J [Ashok Bhushan] New Delhi January 24, 2017.