Disabled Can’t Claim Extra OBC Quota: Supreme Court on Civil Services Examination
The Supreme Court on Tuesday, 24th January 2017, held that candidates belonging to OBC section shall also avail seven attempts instead of 10 to appear in the civil services examination.
The Supreme Court on Tuesday, 24th January 2017 held that candidates belonging to OBC section will be able to avail seven attempts instead of 10 to appear in the civil services examination.
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A bench of Justices Ashok Bhushan and Ranjan Gogoi said that all differently abled candidates, whether belonging to the OBC category or general category will get seven attempts in the civil services examination as per the policy of the government of 2007.
The apex court of the country turned down the argument by the OBC candidates that it would be unfair to treat the unequal as equal if those physically handicapped candidates under the OBC category and general category are permitted equal attempts.
The court in its judgment said that the present case is not a case of treating unequal as the equal. It is the case of extending relaxations and concessions to the physically handicapped candidates belonging to OBC category and physically handicapped candidates belonging to general category.
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In fact, the physically handicapped category is itself a category. A physically handicapped person - be it OBC category or general category, has to be treated alike and they should be extended the concessions and relaxation.
Referring to the order of Madras High Court and Delhi High Court, the apex court said that there was no arbitrary in the decision taken by the Centre and the High Courts should not have interfered with it. The Supreme court also underlined that marking provisions for reservation and also granting concession comes under government policy and these rules and regulations were framed after long considerations of relevant materials. It is not in the domain of the court to order an inquiry. In a case of any violation of Article 14 of the constitution, only then the Court can interfere.