New Delhi: The Delhi High Court, on Tuesday, refused to stay the preliminary examination for civil services, but came down heavily on UPSC and various cadre controlling authorities of the Centre for reserving only two seats for visually impaired candidates.
"Prima facie, we find substance in the contention of the writ petitioner that the reservation for visually impaired candidates is not in conformity with Section 33 of the
Disabilities Act. However, we are not inclined to stay the Preliminary Examination on that ground," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.
The court, however, allowed another plea of NGO Sambhavana, which works for the visually impaired persons, that civil services aspirants of the category be given 20 minutes extra time per hour to answer questions in the preliminary and the mains examinations.
"The visually impaired candidates shall be allowed additional time/compensatory time of 20 minutes per hour in both Preliminary and Main Examinations, apart from extending the help of scribe as provided under the guidelines dated February 26, 2013 issued by the Ministry of Social Justice and Empowerment," the bench said.
The court's interim orders came on two separate pleas, filed by the NGO in a pending petition on the issue, seeking reliefs including that visually impaired candidates be granted 20 minutes more time per hour to write their answers papers and the PE for the civil services be stayed till one per cent seats, out of total 1291 vacancies, are reserved for them.
The UPSC's examination notice said that 1291 vacancies were proposed to be filled up including 26 vacancies reserved for physically handicapped category.
However, only two vacancies were reserved for the visually impaired candidates whereas for the hearing impaired candidates and loco motor disabled candidates, 12 vacancies each are reserved, the NGO had said.
The Act provides three per cent seats will be reserved for handicapped persons and out of them, the visually impaired persons will have one per cent share.
The court found fault with the assessment of seats, to be reserved for the visually impaired candidates.
"However, none of the visually-impaired candidates should be disqualified in Preliminary Examination on the ground that only 2 vacancies are reserved for the visually-impaired candidates out of 26 vacancies reserved for physically-handicapped category.
"Before the schedule for Mains Examination is fixed, the respondents (UPSC and cadre controlling authorities) shall ensure proper assessment of number of vacancies reserved for visually-impaired candidates in conformity with 1 per cent reservation provided under Section 33 of the Disabilities Act, and notify the same," it said.
The court asked the Centre to file "an additional counter affidavit within two weeks furnishing the details of the vacancy particulars received from the cadre controlling authorities of all the services" and fixed the PIL for further hearing on September 3.
"Prima facie it appears to us that reservation of only two vacancies for visually-impaired candidates out of 26 vacancies reserved for physically handicapped category is not based on proper assessment of the vacancies available in all the services participating in the examination," it said.
The bench, however, said that it would be appropriate "to allow UPSC to proceed with the Preliminary Examination as per the schedule making it clear that the UPSC shall ensure proper assessment of actual number of vacancies reserved for visually impaired candidates before conducting the Mains Examination".
