Supreme Court Rejects Additional Attempts for OBC Physically Handicapped UPSC Aspirants

The Supreme Court of India recently ruled against the demand for additional attempts in the Civil Services Examination for physically handicapped candidates belonging to the Other Backward Classes (OBC) category. The Court set aside judgments from the Madras and Delhi High Courts, which had earlier ruled in favor of increasing the number of attempts for these candidates.

Background of the Case

The case involved multiple petitions filed by physically handicapped candidates from the OBC category who sought additional attempts in the Civil Services Examination. They argued that while the number of attempts for general category physically handicapped candidates had been increased from 4 to 7 in 2007, there was no proportional increase for OBC physically handicapped candidates, who continued to be allowed only 7 attempts.

Arguments of the Petitioners

• The petitioners contended that the policy was discriminatory because it failed to proportionally increase the number of attempts for OBC physically handicapped candidates when general category physically handicapped candidates received additional attempts.
• They argued that the principle of equality under Article 14 of the Constitution was violated because treating unequals equally amounted to discrimination.
• The respondents cited earlier court rulings that recognized the need for additional support to differently-abled candidates in competitive examinations.

Supreme Court’s Observations

The Supreme Court rejected these arguments, stating:

“When the number of attempts for physically handicapped candidates of both general and OBC categories has been made equal, no discrimination can be read into the policy. The relaxation of attempts does not result in treating unequals equally.”

The Court further noted:

“A physically handicapped person, whether belonging to the general or OBC category, suffers from the same disability and hence deserves the same number of attempts.”

The Court emphasized that horizontal reservations for physically handicapped candidates operate differently from vertical reservations for caste-based categories.

Final Judgment

• The Supreme Court allowed the appeal filed by the Union of India and set aside the judgments of the Madras and Delhi High Courts.
• The Court ruled that physically handicapped candidates from the OBC category are not entitled to additional attempts beyond the 7 already granted.
• The judgment reaffirmed that policy decisions on relaxation of attempts are within the government’s discretion and should not be interfered with unless found to be arbitrary or discriminatory.

Conclusion

This ruling clarifies the scope of horizontal reservations in competitive examinations and reinforces the principle that policy decisions on exam attempts should be left to the discretion of the executive unless they violate constitutional guarantees.

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Download Judgment: Union of India & Ors vs M. Selvakumar & Anr. Supreme Court of India Judgment Dated 24-01-2017.pdf