Delhi High Court - Orders
Sambhavana vs Union Of India & Ors on 20 September, 2023
Author: Satish Chandra Sharma
Bench: Chief Justice, Sanjeev Narula
$~32 to 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5153/2020 & CM APPLs. 18541/2020, 29491/2020,
29539/2020, 23971/2021
SAMBHAVANA ..... Petitioner
Through: Dr. Krishnan Mahajan, Mr. Prakash
K. Jha and Mr. Mudit Talesara,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC for R-1.
Mr. Naresh Kaushik, Mr. Anand
Singh and Mr. Shubham Dwivedi,
Advocates for UPSC.
+ W.P.(C) 7351/2020 & CM APPLs. 24683/2020, 3133/2021,
5327/2021, 5328/2021, 21401/2021
EVARA FOUNDATION ..... Petitioner
Through: Mr. Pankaj Sinha and Mr. Vimut,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Naresh Kaushik, Mr. Anand
Singh and Mr. Shubham Dwivedi,
Advocates for UPSC.
+ W.P.(C) 12820/2021 & CM APPL. 40385/2021
EVARA FOUNDATION ..... Petitioner
Through: Mr. Pankaj Sinha and Mr. Vimut,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC for R-1.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/09/2023 at 23:17:58
Mr. Naresh Kaushik, Mr. Anand
Singh and Mr. Shubham Dwivedi,
Advocates for UPSC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 20.09.2023
1. The present petition impugns the notice1 dated 12th February, 2020, issued by Union Public Service Commission ("UPSC") in respect of the Civil Services Examination ('CSE'). Learned counsel for the Petitioner submits that the impugned notice states that, "The number of vacancies to be filled through the examination is expected to be approximately 796", whereof the phrase "expected to be approximately" is alien to the statutory provision contained in the Rights of Persons with Disabilities Act, 2016 ("RPwD Act") which specifies - not less than 4% of the "total number of vacancies" shall be reserved for persons with disabilities.
2. Learned counsel for UPSC, in reply, has submitted before this Court that at the time of issuing the advertisement/ examination notice for CSE, an approximate number of vacancies is mentioned, but that is only towards catering to future vacancies. He further states that the approximate number of vacancies are usually increased, as has been the past trend, and the reservation is provided in respect of the total number of vacancies in the cadre.
3. In view of the above, UPSC is directed to file an affidavit furnishing all details in respect to the vacancies of the examination in-question, for the 1 Examination Notice No. 05/2020-CSP.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 23:17:58 last five years. They are also directed to compile the data and prepare a chart to include the initial number of vacancies advertised and the increase thereafter, and also specify whether 4% of reservation has been provided in respect of all vacancies notified/ increased thereafter.
4. List on 28th November, 2023.
5. Interim order(s), if any, to continue.
SATISH CHANDRA SHARMA, CJ SANJEEV NARULA, J SEPTEMBER 20, 2023/as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 23:17:58