New Delhi, January 25: Supreme Court said that all differently abled candidates will get seven attempts in civil services examination according to the government’s policy of 2007. It directed while saying that the reservation and relaxation for physically challenged candidates in civil services examination is the concern of government policy and courts cannot embark on it.
The bench headed by Ranjan Gogoi said that "the horizontal reservation and relaxation for physically handicapped category candidates for civil services examination, is a matter of governmental policy and the government after considering the relevant materials have extended relaxation and concessions to the Physically Handicapped candidates belonging to the reserved category as well as general category. It is not in the domain of the courts to embark upon an inquiry as to whether a particular public policy is wise and acceptable or whether better policy could be evolved.”
The bench, also said that “the court can only interfere if the policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending the basic requirement of the Article 14 of the Constitution."
When the attempts for exams of Physically Handicapped candidates of OBC Category as well as those of in General Category are made equal, there is no question of discrimination as the candidate belonging to OBC Category has already been given ten years relaxation in age which give them a relaxation of three more years. It was not a case of treating "unequals as equal" but a case of extending concessions and relaxations to the Physically Handicapped candidates belonging to General Category as well as Physically Handicapped belonging to OBC Category.
"Physically Handicapped Category is a Category in itself. A person, who is physically handicapped, be it physically handicapped of a general category or OBC category, suffering from similar disability has to be treated alike in extending the relaxation and concessions. Both being provided 7 attempts to appear in Civil Services Examination, no discrimination or arbitrariness can be found in the above scenario", the bench said.