In a recent decision, the Bombay High Court has dismissed a petition seeking unlimited attempts for Persons with Benchmark Disabilities (PwBD) and Other Backward Classes (OBC) candidates in the Union Public Service Commission (UPSC) Civil Services Examination (CSE). The petition was filed by Dharmendra Kumar, a Mumbai resident with 57% multiple benchmark disabilities, who challenged Rule 3 of the Civil Services Examination Rules, 2024.
Under the current rules, OBC candidates are limited to nine attempts, while PwBD candidates from Scheduled Castes (SC) and Scheduled Tribes (ST) categories are granted unlimited attempts until they reach the age of 37. Kumar argued that this distinction was discriminatory, as it treated PwBD candidates differently based on their caste category. He contended that all PwBD candidates, regardless of their caste, face similar social and physical challenges and should therefore be given equal opportunities.
Kumar’s legal team referenced several court judgments to support their argument, stating that persons with disabilities are as socially disadvantaged—if not more—than those from SC/ST backgrounds. They emphasised that the constitutional mandate of equality should apply uniformly to all PwBD candidates.
However, the division bench of Justice Bharati Dangre and Justice Ashwin Bhobe rejected these arguments. The court clarified that SC/ST candidates occupy a distinct category under India’s reservation policy and cannot be equated with OBC candidates, even if both belong to the PwBD group. The bench stated, “An OBC candidate cannot claim the same benefits as an SC/ST candidate, as the two categories are fundamentally different for the purpose of reservation.”
The court further explained that the Civil Services Examination Rules, 2024, maintain this distinction by allowing unlimited attempts for SC/ST candidates while capping OBC candidates at nine attempts. The bench emphasised that PwBD candidates cannot be treated as a single, uniform group entitled to identical benefits.
With this ruling, the Bombay High Court has upheld the existing UPSC examination rules, reaffirming the separate treatment of reserved categories in competitive exams. The decision underscores the complexities of balancing social justice and equality within the framework of India’s reservation policies.
