Document Fragment View

Matching Fragments

The Third proviso to rule provides that a physically handicapped will get as many attempts as are available to other non-physically handicapped candidates of his or her community, subject to the condition that a physically handicapped candidate belonging to the general category shall be eligible for 7 attempts.”

27. The main plank of the arguments of Respondents is that prior to 2007 Civil Services Examination, number of attempts for candidates belonging to General Category including Physically Handicapped was only 4 and it was only in 2007 that number of attempts for physically handicapped candidates of General Category were increased from 4 to 7. And since no proportionate increase in the number of attempts for Physically Handicapped Category candidates of OBC was made, the grant to the respondent is arbitrary and discriminatory being violative of Article 14. At this juncture, it is relevant to note the reasons given by Madras High Court for allowing the writ petitions. In para No. 6 and 7 of the judgment, the Madras High Court observed as follows:

“6....When the number of attempts has been increased from four to seven in respect of physically challenged candidates in the General Category and when there is no restriction with regard to the number of attempts for physically handicapped candidates in SC/ST category, restricting the number of attempts to seven in respect of physically handicapped candidates in the Other Backward Class Community, is in violation of article 14 of the Constitution of India. Therefore we hold that the number of attempts of seven fixed for physically handicapped candidates in the Other Backward Class Community, is disproportionate to the number of attempts granted to physically handicapped candidates in the General Category.” “7....In this case admittedly, the number of attempts in respect of physically handicapped candidates in the General Category has been increased from four to seven. However, the number of attempts in respect of physically handicapped candidates belonging to Other Backward Class community has not been proportionately increased, which is arbitrary and prejudicial to the interest of the physically handicapped candidates belonging to Other Backward Class Community.”

29. Last sub rule of Rule 4 as noted above indicates that the 3rd proviso contains a theme of relaxation pertaining to Physically Handicapped candidates who are eligible to avail reservation applicable to such candidates. Provided further that a physically handicapped will get as many attempts as are available to other non-physically handicapped candidates of his or her community. The above is subject to the condition that a physically handicapped candidate belonging to the General category shall be eligible for seven attempts. Thus, a Physically Handicapped candidate of General Category has been given equal chance as compared to a Physically Handicapped candidate belonging to OBC. No discrimination can be read, when the number of attempts for both the above categories has been made equal i.e. 7. The number of attempts for SC/ST candidates is unlimited within their maximum age limit with regard to which there is no challenge.

32. When the attempts of Physically Handicapped candidates of OBC Category and Physically Handicapped candidates of General Category, who appeared in the Civil Services Examination are made equal, and a Physically Handicapped candidate belonging to OBC Category, in addition to 10 years relaxation in age also enjoys 3 years more age relaxation for appearing in the examination, we cannot agree with the High Court that there is discrimination between Physically Handicapped candidates of OBC Category and Physically Handicapped Candidates of General Category. The reserved category candidate belonging to OBC are separately entitled for the benefit which flow from vertical reservation, and the horizontal reservation being different from vertical reservation, no discrimination can be found when Physically Handicapped candidates of both the above categories get equal chances i.e. 7 to appear in the examination.