HC junks plea for unlimited UPSC attempts for PwBD-OBC candidates

Kumar, who has 57% multiple benchmark disabilities, had approached the High Court challenging Rule 3 of the Civil Services Examination Rules, 2024. The rule limits the number of attempts for OBC candidates to nine, whereas PwBD candidates from SC/ST categories are granted unlimited attempts

MUMBAI: The Bombay High Court has dismissed a petition filed by a Mumbai resident seeking unlimited attempts to clear the Civil Services Examination (CSE) conducted by the Union Public Service Commission (UPSC) for all persons with benchmark disabilities (PwBD), similar to the relaxations available to candidates from Scheduled Castes (SC) and Scheduled Tribes (ST) who can appear for the UPSC exam as many times as they want until they reach the age of 37 years.

HC junks plea for unlimited UPSC attempts for PwBD-OBC candidates

“Merely because the petitioner belongs to the Other Backward Classes (OBC) category within PwBD, he does not automatically qualify for the same number of attempts as an SC/ST candidate who happens to be a PwBD. SC/ST candidates stand on a different footing compared to OBC candidates,” observed the division bench comprising Justice Bharati Dangre and Justice Ashwin Bhobe on February 4, while dismissing the petition filed by Dharmendra Kumar.

Kumar, who has 57% multiple benchmark disabilities, had approached the High Court challenging Rule 3 of the Civil Services Examination Rules, 2024. The rule limits the number of attempts for OBC candidates to nine, whereas PwBD candidates from SC/ST categories are granted unlimited attempts. The petitioner argued that this distinction was discriminatory, treating two PwBD candidates differently and violating the constitutional mandate of equality.

His counsel cited several judgements affirming that persons with disabilities are as socially disadvantaged—if not more—than those from SC/ST categories. On this basis, it was contended that Kumar, as a person with multiple benchmark disabilities, should be entitled to the same relaxation granted to SC/ST candidates.

However, the High Court rejected these arguments. The bench held that SC/ST status is a distinct classification with a specific connotation, separate from OBC status. “By no stretch of the imagination can an OBC candidate equate themselves with an SC/ST candidate, as the two categories are distinct for the purposes of reservation,” the court stated.

The court further observed that the Civil Services Examination Rules, 2024, maintain this distinction by allowing unlimited attempts for SC/ST candidates while limiting OBC candidates to nine. The bench ruled that PwBD candidates cannot be treated as a single homogeneous category warranting identical benefits to those available to SC/ST candidates.

With this ruling, the High Court upheld the existing classification in UPSC examination rules, reaffirming the distinct treatment of different reserved categories within the framework of competitive examinations.