DHARMENDRA KUMAR vs UNION OF INDIA, MINISTRY OF PERSONNEL, PUBLIC CRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL

Judgment text excerpt

1/24 Wp1834-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1834 OF 2024 Dharmendra Kumar .. Petitioner Versus Union of India, Ministry of Personnel, .. Respondents Public Grievances and Pension, Department of Personnel & Ors … Mr.Rajesh Bhosle appointed through the High Court Legal Service Committee, for the petitioner. Mrs.Savita Ganoo a/w Mr. D.P. Singh, for respondent nos.1 to 4. Ms. Sudha K. Gond i/b Vinod Joshi, for respondent no.5. CORAM: BHARATI DANGRE & ASHWIN D. BHOBE, JJ. RESERVED ON : 21st JANUARY, 2025 PRONOUNCED ON: 4th FEBRUARY, 2025 JUDGMENT:- (PER BHARATI DANGRE J) 1. The petitioner with 57% Multiple Disability, and being eligible for reservation under clause (e) of sub-section (1) of Section 34 of “The Rights of Persons with Disabilities Act, 2016” has approached this Court through the Writ Petition raising a challenge to Rule 3 of the Civil Services Examination Rules 2024, framed by the respondent no.1 Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, vide its notification bearing No. 13018/07/2023- AIS-I, on 14/02/2014. The petitioner is aggrieved by the imposition of restriction on the number of attempts for persons with Benchmark Ashish 2/24 Wp1834-24.doc Disability (PwBD) under General/Economically Weaker Section / Other Backward Classes (GL/EWS/OBC) category to 9 attempts and it is the contention of the petitioner that he ought to avail unlimited number of attempts as there cannot be discrimination in the category of persons with Benchmark Disability, which is a class, by itself and therefore the classification between the SC/ST, who are allowed unlimited attempts, whereas restriction of attempts for GL/EWS/OBC candidates to 9, is discriminatory and