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Mumbai: Bombay high court dismissed a petition challenging a rule that provides unlimited attempts for Scheduled Caste and Scheduled Tribe candidates in civil service examinations.
A civil services aspirant with multiple disabilities, Dharmendra Kumar (38), challenged the Civil Services Examination Rules that allow for an unlimited number of attempts for Scheduled Caste/Scheduled Tribe category candidates. He took nine attempts, unsuccessfully
The petitioner said he is from the OBC category and claimed the rules were discriminatory. HC ruled that SC/ST categories are constitutionally on a different footing, and there is no discrimination in affirmative action benefits provided in public service for them. The court said the criteria for SC/ST, which is a distinct class from OBC, can’t be termed arbitrary.
Rules stipulate that OBC candidates and Persons with Benchmark Disability (PwBD) are allowed nine attempts. Those in the general open category are allowed only six attempts.
A division bench of justices Bharati Dangre and Ashwin Bhobe said, “We arrive at a conclusion that the challenge raised by the petition to Rule 3 of Civil Services Examination Rules 2024 must fail as merely because the petitioner belongs to OBC category in PwBD.” As accepted, physically handicapped persons belonging to any category — General, OBC, SC/ST — have to be given the opportunity to come up and compete in the mainstream and enjoy all benefits of development, HC said .
“By no stretch of imagination can a person belonging to OBC category compare himself with a person from SC/ST category, as the two classes stand apart in the Constitution for the purposes of reservation,” the bench said
The judgment of Feb 4, uploaded on Wednesday, held that no valid ground was raised in the challenge and dismissed it.
Mumbai: Bombay high court dismissed a petition challenging a rule that provides unlimited attempts for Scheduled Caste and Scheduled Tribe candidates in civil service examinations.
A civil services aspirant with multiple disabilities, Dharmendra Kumar (38), challenged the Civil Services Examination Rules that allow for an unlimited number of attempts for Scheduled Caste/Scheduled Tribe category candidates. He took nine attempts, unsuccessfully
The petitioner said he is from the OBC category and claimed the rules were discriminatory. HC ruled that SC/ST categories are constitutionally on a different footing, and there is no discrimination in affirmative action benefits provided in public service for them. The court said the criteria for SC/ST, which is a distinct class from OBC, can’t be termed arbitrary.
Rules stipulate that OBC candidates and Persons with Benchmark Disability (PwBD) are allowed nine attempts. Those in the general open category are allowed only six attempts.
A division bench of justices Bharati Dangre and Ashwin Bhobe said, “We arrive at a conclusion that the challenge raised by the petition to Rule 3 of Civil Services Examination Rules 2024 must fail as merely because the petitioner belongs to OBC category in PwBD.” As accepted, physically handicapped persons belonging to any category — General, OBC, SC/ST — have to be given the opportunity to come up and compete in the mainstream and enjoy all benefits of development, HC said .
“By no stretch of imagination can a person belonging to OBC category compare himself with a person from SC/ST category, as the two classes stand apart in the Constitution for the purposes of reservation,” the bench said
The judgment of Feb 4, uploaded on Wednesday, held that no valid ground was raised in the challenge and dismissed it.
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