New Delhi:The Supreme Court on Friday allowed candidates with physical disabilities, who have passed the government’s written exam, to apply provisionally to the Union Public Service Commission (UPSC) for selection to the Indian Railways Protection Force Service, Indian Police Service & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police [DANIPS].
A bench comprising Justice AM Khanwilkar and Justice Abhay S Oka was hearing a plea filed by NGO National Platform for the rights of the disabled challenging the blanket exclusion of people with disabilities from the services. It passed this interim order and directed the Secretary-General of UPSC to receive the applications either physically or by registered post by April 1 before 4 pm. The Central government represented by Attorney General of India KK Venugopal and Solicitor General Tushar Mehta said they want to file their reply on the matter to which the court granted them two weeks to file the same.
The top court said the applications would be considered in accordance with the outcome of the legal proceedings on the petition filed by an NGO, National Platform for the Rights of the Disabled, which has challenged a government notification that excludes people with physical disabilities from these services. The next date of hearing is on April 18. The court, however, said that the ongoing selection would go on undeterred.
On behalf of the petitioners, senior advocate Arvind Datar said the exams were over and those who have cleared it were required to file their preferences latest by March 24 evening. Datar urged the Bench to extend the deadline by a week or two.
"There are many people with disabilities who have passed the written examination. Now they have to fill out the form and indicate in the central civil services what they want- IAS, IPS, IFS, etc. The PWDs are excluded from IPS, Delhi police, and railway protection. I want some interim relief...This form is to be made available for those qualified in the written exams. IPS is completely removed. So we were not able to fill out the form. Many of our members appeared in the mains exam and they have passed but they are not able to fill the form,” he said.
Terming the request as “the most reasonable”, it directed the UPSC to accept hard copies of the applications and said, "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 post on or before April 1 in the office of secretary-general before 4 pm. It is made clear that the applications received in the 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."
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