Disabled aspirants can't claim OBC privileges in exams, rules SC

The Supreme Court has ruled that physically challenged candidates cannot use their OBC status to seek preference over other disabled candidates at the civil services exams.

It said all candidates, whether belonging to the general or the Other Backward Class (OBC) category, would get seven chances to pass the examination, in accordance with the government’s 2007 policy.

A bench of Justices Ranjan Gogoi and Ashok Bhushan rejected a contention made by the OBC candidates that it would amount to treating unequals as equals if physically handicapped candidates of the general category and under the OBC were given equal attempts.

The bench said no discrimination or arbitrariness can be found when differently abled candidates under both the categories are granted seven attempts to appear in the exams.

“The present case is not a case of treating unequals as equal. It is a case of extending concessions and relaxations to the physically handicapped candidates belonging to the general category as well as the physically handicapped belonging to the OBC category.

“The physically handicapped category is a category in itself; a person who is physically handicapped, be it physically handicapped of a general category or OBC category, suffering from a similar disability, has to be treated alike in extending the relaxation and concessions,” the bench said.

The apex court allowed an appeal by the Centre against the orders of the Madras and Delhi High Courts, which had granted physically challenged candidates under the OBC category 10 attempts.