Press Trust of India|Jan 5, 2022
UPSC Civil Services Exam: PwD quota can’t be on "tentative vacancies", Counsel tells Delhi HC
Delhi High Court was hearing a plea filed by Sambhavana Society claiming that sufficient seats were not reserved for PwD candidates for direct recruitment to Civil Services.
NEW DELHI: On a petition challenging this year’s preliminary examination notice for direct recruitment to civil services on the basis that it neglects the minimum reservation to be given to Persons with Disabilities (PwD), the petitioners told Delhi High Court on November 24 that the Union Public Service Commission (UPSC) cannot grant reservation based on “tentative vacancies.”
The Counsel appearing for petitioners submitted in the court that under the Rights of Persons with Disabilities Act, 2016, the minimum compulsory quota for PwD students is 4% of ‘vacancies’, a LiveLaw report said.
But, the exam notice issued by UPSC refers to "tentative vacancies". How can you have 4% of tentative vacancies? How can you make what is absolute under the Act uncertain? Legal uncertainty violates Fundamental Rights," the counsel was quoted as saying by LiveLaw.
The Bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing the petitions filed by Sambhavana Society claiming that sufficient seats were not reserved for PwD candidates under the act.
The petition highlighted that against 796 advertised vacancies, the UPSC has reserved only 24 seats for PwD category whereas 4% reservation would amount to 32 seats. Centre had informed Delhi HC that the total notified vacancies was 836 out of which 585 vacancies can be provided reservation for, and 24 vacancies have been reserved from this amount which amounts to 4%.
The Court will hear the matter now on December 23, the report said.
Meanwhile, in a related development, the Delhi High Court has issued a notice to Centre and Union Public Service Commission (UPSC) on plea seeking unlimited attempts for Persons with Disability (PwD) category candidates in the civil services exam.
The plea also sought age relaxation up to 47 years to all categories of PwD irrespective of their reservation in vertical category in the UPSC civil services exam. The age limit for these candidates is 42 years, currently.
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