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Per Justice M.G.Sewlikar, Member (J) The applicant has filed this OA for setting aside the order dated 14th August, 2013 (Annexure A-1) and direction to the respondents to allot her the cadre of IAS on the basis of Civil Services Examination, 2012 (CSE-2012) with all consequential benefits.

2. Applicant's case briefly stated is that she had applied for Civil Services Preliminary Examination-2012 (CSP- 2012) conducted by Union Public Service Commission (UPSC) pursuant to UPSC's examination notice dated 11th February, 2012 (Annexure A-2). She qualified CSP-2012 and she was called for Civil Services Main Examination, 2012 (CSM-2012). On declaration of result of CSM-2012, the name of the applicant was included in the list of selected candidates. The applicant was called for interview. On the basis of marks in written examination and marks obtained in interview, UPSC recommended the name of the applicant in the examination of CSE-2012. Her name figured at Sl. No.515 in All India ranking of the CSE-2012. The final result is at Annexure A-3. The applicant is having locomotor disability. She belongs to Scheduled Caste (SC). She also belongs to physically handicapped category. The applicant has been allotted the Indian Revenue Service - Customs and Central Excise Service [IRS (C&CE)] by order dated 29th November, 2013 as an ordinary physically handicapped (PH) candidate with locomotor disability (LD) only, ignoring her claim as a PH(LD) candidate belonging to SC category. Since PH reservation is horizontal reservation, the applicant ought to have been considered as SC [PH(LD)].

(i) First fill up the OC/General/UR seats,

(ii) Fill up the quota of SC, ST and OBC in order of merit.

(iii) to find out number of physically handicapped or special reservation group of Scheduled Caste in the list of Scheduled Caste selected thereon.

(iv) if the number of special reservation group, i.e. physically handicapped of Scheduled Caste are less than 3% of total Scheduled Caste selected, the requisite number of Scheduled Caste Physically Handicapped shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to special category.

23. From this, the steps which the competent authority has to take for applying special reservation/horizontal reservation are as under:

(i)     First fill up OC/General/UR seats.

(ii)    Secondly, fill up the quota of Scheduled Caste

(Social/Vertical reservation) in order of merit.

(iii) Find out number of physically handicapped or special reservation group of scheduled caste in the list of Scheduled Caste selected thereon.

(iv) If the number of special reservation group, i.e., physically handicapped of scheduled caste are less than 3% of total Scheduled Caste selected, the requisite number of Scheduled Caste Physically Handicapped shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes.

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17. The minimum qualifying marks as specified under rules 15 and 16 may be relaxable at the discretion of the Commission in favour of physically handicapped candidates in order to fill up the vacancies reserved for them:

Provided that where a physically handicapped candidate obtains the minimum qualifying marks in his own merit in the requisite number for General, or the Scheduled Caste or the Schedule Tribe or Other Backward Class category candidates, then, the extra physically handicapped candidates, i.e., more than the number of vacancies reserved for them shall be recommended by the Commission on the relaxed standards and consequential amendments in the rules will be notified in due course."