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NPRD Welcomes SC Order Allowing Physically Disabled Persons to Apply for IPS, IRPFS, DANIPS Services

The rights group in its writ petition had contended that the blanket exemption given to these services of a non-combatant nature from recruiting people with disabilities was unconstitutional.
Disabilities Act Must be Dropped

After a writ petition by the National Platform for the Rights of the Disabled (NPRD), the Supreme Court on Friday passed an interim order allowing physically disabled persons, who have cleared the civil services exam, to provisionally apply to the Union Public Service Commission for selection to Indian Police Service, Indian Railways Protection Force Service, & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service (DANIPS).

“The NPRD had contended that the blanket exemption given to these services from recruiting people with disabilities even in posts that are purely of a non-combatant nature, is unconstitutional and militates against both the letter and spirit of the RPD Act, which has equality and non-discrimination as its guiding principles,” a press released by Muralidharan, general secretary of the rights group.

A bench comprising Justice AM Khanwilkar and Abhay S Oka passed the interim order.

Senior Advocate Arvind P Datar, appearing for NPRD, sought an interim order permitting the petitioners and similarly placed persons to submit their application form to the Secretary-General of UPSC up to next week and submitted their claim can be considered subject to the outcome of the proceedings. He pointed out that the last date for application was yesterday and that the personality test will commence from April 5, LiveLaw reported.

Datar submitted to the court that “Recently, another bench gave a judgment that the court has to give guidelines as to what is the meaning of the nature of workplace in respect of PWD. ….Please allow the candidates who qualify for personality test in respect of civil services Main exams to submit order of preferences for zone cadre for IAS, IPS etc. through online application form.”

The Bench at first said that the applications have to be submitted physically. However, Datar made a request for allowing applications through post as well, saying that candidates from far-flung areas might find it difficult to travel to New Delhi. The Bench accepted this request.

The Court has granted two weeks time to the government to submit its affidavit, the next date of hearing has been fixed on April 18, 2022.

The NPRD expressed “its sincere thanks to Senior Advocate Shri Arvind Datar as also Advocate Kotla Harshavardhan and his team for providing the logistical and research support to Shri Datar.”

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