A landmark judgment by the Supreme Court of India has been delivered on reservations for visually impaired candidates in Civil Services Examinations. The case involved a long-standing battle for justice by a visually impaired candidate who has been struggling since 2009. The judgment addresses the effective implementation of the PWD Act, 1995 and the issue of backlog vacancies in the IRS (IT) and IRS (C&E) categories. Stay tuned for more insights on this groundbreaking ruling.
Facts
- Petitioner filed Original Application no.2402 of 2009 before CAT.
- CAT directed selection of VI category candidates against reserved category vacancies.
- Union of India was directed to inform Petitioner if appointment could be allocated.
- Union of India contended that there were 41 backlog vacancies from 1996 to 2009.
- CAT issued a direction to UPSC to adjust candidates selected on merit in unreserved category.
- UPSC informed Petitioner that he could not be selected against VI quota in CSE-2008.
- Various litigations filed by persons with disabilities regarding appointment issues.
- Review application of Petitioner rejected, leading to filing of pending writ petition before Delhi High Court.
- CAT directed calculation of backlog vacancies as per the PWD Act, 1995.
- Connected appeals/petitions filed simultaneously, with orders from the Court starting February 1, 2022.
- Court passed detailed order on August 31, 2023, mentioning non-compliance of reservations under the PWD Act, 1995.
- Union of India challenged CAT’s 2012 judgment through a writ petition in Delhi High Court.
- Petitioner, who is 100% visually impaired, has been involved in civil services examinations from 1996 to 2009.
- Argument before CAT included unfilled backlog vacancies as per the PWD Act, 1995.
- UPSC informed Petitioner that his name did not make the merit list for VI category vacancies in CSE-2008.
- The writ petition filed by the Appellant-Union of India was dismissed by the impugned judgment dated 11 October 2013.
- The dismissal of the writ petition is the reason for the appeal by the Appellant-Union of India.
Also Read: Judgment on Interim Stay of Bail Orders: The Case of Liberty vs. Judicial Discretion
Arguments
- The Union of India contends that categories of IRS (C&CE) and IRS (IT) were excluded from reservation under Section 33 of the 1995 Act for the category of VI.
- The counsel representing the petitioner argues that the backlog of vacancies must be calculated from 1996 to 2008 to accommodate the petitioner.
- It is claimed that there are 17 backlog vacancies, which could resolve the petitioner’s issue.
- Availing the facility of a scribe for the Civil Services Examination does not take away a candidate’s right to compete in an unreserved category.
- The CAT and the High Court found a large number of backlog vacancies.
- In 2008, at least 42 vacancies were available for VI category candidates.
- If reservation is provided for VI category in IRS (C&CE) and IRS (IT), the total backlog will be at least 17.
- The petitioner who belongs to VI category could be accommodated along with 10 others in the same category.
- There are 19 vacancies remaining for VI category candidates.
- No exemption under Section 33 of the PWD Act, 1995 was granted for All India Civil Services/Central Services conducted by UPSC.
- Even after an exercise as per the order dated 31st August 2023, the petitioner cannot be accommodated as per an affidavit filed by Mr. Sanjay Kumar Chaurasia.
- A notification excluding IRS (C&CE) and IRS (IT) categories for VI category under Section 33 of the 1995 Act has not been provided.
- The Union of India is directed to redo the exercise of ascertaining backlog vacancies for visually impaired.
- The learned counsel for the first respondent argued that there are sufficient vacancies to accommodate the first respondent.
Also Read: Zaveri & Co. Pvt. Ltd. vs. ACIL: Legal Precedent on Guarantor Liability
Analysis
- Appellant-Union of India failed to implement the PWD Act, 1995 effectively, causing Petitioner No. 1 to struggle for justice since 2009.
- Despite the existence of several backlog vacancies for visually impaired candidates in IRS (IT) and IRS (C&E), Petitioner No. 1 faced obstacles in the appointment process.
- Appellant’s affidavit of 29 April 2022 acknowledged 19 remaining backlog vacancies for PWD candidates.
- Appointment of visually impaired candidates in IRS (IT) began from CSE-2014 onwards.
- Appellant’s reluctance to issue an order of exchange under Section 36 of the PWD Act, 1995 was noted.
- Details of vacancies for CSE-1996 to CSE-2017 showed a significant number of vacancies in IRS (IT) and IRS (C&E).
- UPSC confirmed that Petitioner No. 1 was ranked 11 in the PH-2 (VI) category.
- Appellant argued exclusion of IRS (C&E) and IRS (IT) posts from reservation under Section 33 of the PWD Act, 1995 for visually impaired category.
- Failure to issue an exemption notification as per the proviso to Section 33 led to the direction for reservation for visually impaired candidates in IRS (C&E) and IRS (IT).
Also Read: The Disputed Quarrel: Legal Analysis of the Case Involving Muthu and Kesavan
Decision
- Directions issued as a one-time measure under Article 142 of the Constitution of India
- Union of India directed to undertake specified exercise by end of October, 2023
- Affidavit to be filed by Union of India after exercise completion
- Appointments to be made within three months from today
- Services to be counted from date of last appointment of VI category in CSE-2008
- Appointees not entitled to arrears of salary and benefit of seniority
- Appeal disposed with above directions
- Appointments to be made prospectively
Case Title: UNION OF INDIA Vs. PANKAJ KUMAR SRIVASTAVA (2024 INSC 471)
Case Number: C.A. No.-003303-003303 – 2015
