On Friday an interim order was passed by the Supreme Court, which allowed the physically disabled persons, who have cleared the UPSC Civil Service exam, to provisionally apply to the Union Public Service Commission for selection to the Indian Police Service, Indian Railways Protection Force Service, and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service (DANIPS).
A Bench consisting Of Justice Khanwilkar and Justice Abhay S Oka passed an interim order in a writ petition which was filed by NGO National Platform for the Rights of the Disabled that challenged the blanket exclusion of the disabled from these services.
An assistance of Attorney General of India KK Venugopal was sought in the matter by the Bench on last occasion and submitted that the Union Government wanted to file a reply to the petition.
A time of two weeks was sought by Solicitor General of India Tushar Mehta for filling reply to the petition.
Appearing for the petitioner, the Senior Advocate Arvind P Datar, sought an interim order, which permitted the petitioners and similarly placed persons to submit their application form to the Secretary General of Union Public Service Commission up to next week and submitted their claim can be considered subject to the outcome if the proceedings.
He also pointed out that the last date for the application was 24th March 2022 and the personality test starts from 5th April 2022.
The Senior Advocate Arvind P Datar submitted:
“Recently, another bench gave a judgment that the court has to give guidelines as to what is the meaning of the nature of workplace in respect of PWD. In January 2021, about 2000 posts were notified such as data entry operator, watchman, software operator which can be done by people with disabilities. I am requesting that exams are over and we were to file all our preferences as of yesterday evening. Yesterday was the last date. There are many people with disabilities who have passed the written examination. Now they have to fill the form and indicate in the central civil services what they want- IAS, IPS, IFS etc. The PWD are excluded from IPS, Delhi police and railway protection. I want some small interim relief. Please allow the candidates who qualify for personality test in respect of civil services Main exams to submit order of preferences for zone cadre for IAS, IPS etc through online application form. This form is to be made available for those qualified exam in written exam. IPS is completely removed. So, we were not able to fill the form. Many of our members appeared in the mains exam and they have passed but they are not able to fill the form. If you could extend the last date by one week or two weeks for disabled people. Admission can be subject to outcome of the writ petition.”
The Attorney General’s opinion was sought by the Bench in respect of the request and the Attorney General replied, “They could be allowed to apply and for the same to be kept in a separate cover subject to your lordships' order.”
According to the Bench, the interim prayer was found to be “reasonable”.
The Bench directed that the petitioners and similarly placed petitioners submit their applications by April 1 physically or through courier. The Bench made it clear that the application received after 4pm on 1st April will not be considered. The Bench was urged by the Solicitor General to clarify that the ongoing selection process is not disrupted.
Therefore, the Bench made it cleat that the order is not to be understood as interdicting the ongoing selection process. On 18th April, the matter will be considered. The order passed by the Bench stated:
“The Attorney General and Solicitor General seek time for filing reply affidavit in two weeks' time. Senior Advocate Arvind Datar appearing for the petitioners would submit that he has no difficulty if the respondents are granted time to file reply affidavit. But since the selection process is already ongoing and the last date for submitting forms in terms of clause 8 of the instructions issued by the Union Public Service Commission has already expired yesterday, the petitioners and similarly placed persons be permitted to submit their application form to the secretary general, UPSC up to the next week and their claim can be considered subject to the outcome of these proceedings. We find this request to be most reasonable. Accordingly, we direct the authorities, in particular, secretary general, UPSC, to accept hard copies of the applications of the concerned candidates such as petitioners and similarly placed persons if submitted physically or by courier on or before April 1 in the office of secretary general, UPSC before 4PM. It is made clear that the applications received in aforesaid form after 4 PM will not be accepted as valid applications. It is made clear that this order will not interject the ongoing selection process in any manner. The applications, if filed by these petitioners or similarly placed persons before the time and place mentioned in this order, will be considered subject to the outcome of this petition. List this matter on April 18, 2022"
The Bench at first had said that the applications must be submitted physically. However, Datar made a request for allowing the applications through post as well and saying that the candidates from far flung areas might find it difficult to travel to New Delhi. The request was accepted by the Bench.
It was pointed out in the Writ Petition that the disabled persons are not only excluded from the combat forces but also from the administrative roles in the police services and it was argued that such a blanket exclusion was unconstitutional.
Case Title: National Platform for the rights of the Disabled Vs Union of India.
