Breaking News SC asks disability rights organization, alleging inadequate posts for...

SC asks disability rights organization, alleging inadequate posts for them in civil services, to approach High Court

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New Delhi, Oct 8 (ILNS) The Apex Court today dismissed a plea as withdrawn alleging inadequate seats reserved for persons with benchmark disabilities (PwBDs) in Civil Services while granting liberty to the petitioner organization to approach the Delhi High Court for the grant of relief claimed in the instant petition.
The Division Bench comprising Justice L. Nageswara Rao and Justice B.R Gavai was hearing a plea by a disability rights organization claiming that the reservation of jobs for PwBDs for various posts in the Civil Services, filled through the Civil Services Examination conducted by the Union Public Service Commission (UPSC), is not in accordance with the Right to Person with Disabilities Act, 2016.
The Bench asked the petitioner to approach the High Court for the relief claimed, stating that- “why should we permit you to by-pass the normal process of petition being filed in the High Court? If we start entertaining writ petitions, then we cannot make exceptions. We’ll have to entertain every case that comes here.”
“The norm is that we don’t entertain petitions directly. The High Courts also can decide your cases,” added the Bench. 
Advocate Pankaj Sinha representing the petitioner organization, thereby sought liberty to withdraw the instant petition and to approach the Delhi High Court that is already seized of a petition challenging the Civil Services Examination-2020, the subject-matter of which involves certain reliefs sought in the instant petition.
The Bench, while granting the permission as prayed for, requested the Delhi High Court to decide the petition expeditiously within a span of 3 months.
Filed by Evara Foundation, the PIL challenging the Civil Services Examination Rules, 2021, notified by the Department of Personnel & Training, as also the advertisement dated March 4, 2021, published by the Union Public Service Commission (UPSC) in respect of the 2021 Civil Services Examination, inviting applications for filling up 712 vacancies for various Civil Services. 
According to the petition, under Section 34 of the RPWD Act, the Government is mandated to reserve not less than 4% of the total number of vacancies for PwBDs. The plea claims that the advertisement notifying for the conduct of Civil Services Examination 2021, failed to provide requisite reservation of seats for PwBDs in civil services examination inasmuch as vacancies for only 22 seats is advertised instead of 29 seats.
The plea inter alia sought quashing of the 2021 Civil Services Examination advertisement and implementation of the provisions of Section 34 of the RPWD Act by equally bifurcating the vacancies among all the categories of Persons with Disabilities. 
In addition, the plea prayed for a proper assessment of all the backlog vacancies reserved for all the categories of PwBDs since 1996 and filling up such backlog vacancies arising from the year 1996 till date.
The plea further sought for granting an unlimited number of attempts to all PwBDs, thereby placing them at par with SC/ST category candidates.
In a plea filed by the petitioner organization before the Delhi High Court, challenging CSE-2020, the Bench of Chief Justice D.N Patel and Justice Jyoti Singh, the DoPT informed the Bench that the Indian Police Service (IPS),  the Railway Protection Force (RPF) , the Delhi, Andaman and Nicobar Islands Police Service (DANIPS), and the Puducherry Police Service (PONDIPS) are exempted from the provisions of RPWD Act, 2016. 
The Bench directed that the result of the CSE-2020 shall be subject to the outcome of the petition pending before it./ILNS/BG/KR/

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