The Bombay High Court has ruled against a petition that sought to grant unlimited attempts for the Union Public Service Commission (UPSC) Civil Services Examination to persons with benchmark disabilities (PwBD) from the Other Backward Classes (OBC), aligning their opportunities with those afforded to Scheduled Castes (SC) and Scheduled Tribes (ST) candidates.
The division bench, consisting of Justice Bharati Dangre and Justice Ashwin Bhobe, delivered the verdict on February 4. The petitioner, Dharmendra Kumar, who has 57% multiple benchmark disabilities, challenged Rule 3 of the Civil Services Examination Rules, 2024. This rule restricts the number of attempts for OBC candidates to nine, in contrast to the unlimited attempts allowed for PwBD candidates from SC/ST categories.
Kumar argued that the existing rules discriminate between PwBD candidates based on their caste category, violating the constitutional principle of equality. He contended that as a PwBD candidate, he should receive the same concessions as SC/ST candidates, citing judgments that recognize the social disadvantages faced by persons with disabilities.
However, the court dismissed these arguments, maintaining that the SC/ST categories are constitutionally distinct from the OBC category. The bench stated, “By no stretch of the imagination can an OBC candidate equate themselves with an SC/ST candidate, as the two categories are distinct for the purposes of reservation.”
The justices further noted that the Civil Services Examination Rules, 2024, are designed to reflect these distinctions, allowing unlimited attempts only to SC/ST candidates while setting a limit for OBC candidates. The court ruled that it is not discriminatory to treat different categories of PwBD candidates according to their specific reservation status.
