UNION OF INDIA & ORS. versus M. SELVAKUMAR & ANR.

Citation: [2017] 4 S.C.R. 137 · Decided: 24-01-2017 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 4 S.C.R. 137 
UNION OF INDIA & ORS. 
v. 
M. SELVAKUMAR & ANR. 
(Civil Appeal No. 858 of2017) 
A 
JANUARY 24, 2017 
B 
[RANJAN GOGOi AND ASIIOK BIIUSIIAN, JJ.) 
Constitution of India: 
Arts. 14 and 16 - Civil services examination - Increase in 
number of attempts from 4 to 7 for Physically Handicapped 
candidates of General Category ..:_No further increase in the number 
of attempts from 7 for the Physically Handicapped candidates of 
OBC category - Whether violative of Art. 14 - Held: Art. 16 provides 
for two types of reservation i.e. vertical/social reservation [as 
provided in Art. 16 (4))] and horizontal reservation [as provided in 
Art. 16 (J)] - Reservation of Physically Handicapped is a kind of 
horizontal reservation - Reserved categ01y candidates belonging 
to OBC are separately entitled for the benefit which flow from 
vertical reservation - Horizontal reservation being different from 
vertical reservation, no discrimination can be found when Physically 
Handicapped candidates of both the categories get equal chances 
(i.e. 7) to appear in the examination - A Physically Handicapped, 
be it from General Catego1y or OBC, suffering from similar disability, 
has to be treated alike in extending the relaxation and concession -
Moreove1; the horizontal reservation and relaxation for Physically 
Handicapped Categ01y, being a matter of Government Policy, is 
not in the domain of the court to interfere with the same - Civil 
Services Examination Rules - r. 6 - Service Lmv - Reservation -
Judicial Review. 
Judicial Review: 
Judicial review of Policy decision - Scope of - Held: It is not 
in the domain of the courts to embark upon an inquily as io whether 
a particular policy is acceptable or whether better policy could be 
evolved - Court can only interfere, if the policy is absolutely 
capricious and non-informed by reasons, or totally arbitrary, 
offending the basic requirement of Art. 14 of the Constitution. 
137 
c 
D 
E 
F 
G 
H 
138 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2017] 4 S.C.R. 
Allowing the appeals, the Court 
HELD: 1. Article 16 of the Constitution provides for 
equality of opportunity in matters of public employment. The State 
in terms of Article 16 of th~ -Constitution provides two types of 
reservations i.e. a vertical or social reservation as provided for 
in Article 16 sub clause (4) and horizontal reservation which is 
referable to Article 16 sub clause (1). Special reservation in favour 
of physically handicapped, women etc. under Article 16(1) or 15(3) 
of the Constitution are the instances of horizontal reservation. 
In the Civil Services Examination, both vertical and horizontal 
reservations are provided for. [Paras 23 and 25] [148-E-F; 149-EJ 
Indra Sawhney and Others v. Union of India and Others 
1992 Suppl. (3) SCC 217: [1992] 2 Suppl. SCR 454 -
followed. 
2. A Reservation for Physically Handicapped is a kind of 
horizontal reservation. Physically handicapped persons belonging 
to any category i.e. General, OBC, SC/ST have to be given 
opportunity to come up and compete in the mainstream, and enjoy 
all the benefits and developments. The Parliament, with a view 
to implement the above, enacted 'The Persons with Disabilities 
(Equal Opportunities, Protection of Rights and Full Participation) 
Act, 1995'. [Para 30] [151-G-II] 
Union of India and Another v. National Federation of 
the Blind & Others (2013) 10 SCC 772 : [2013] 9 
SCR 1023 - relied on. 
3. All Physically Handicapped Category candidates have 
been granted uniform relaxation of upper age by 10 years, as per 
Rule 6, in addition to relaxation in age of 5 years for SC Category 
candidates and 3 years for OBC Category candidates as per Note-
1 of Rule 6, the benefit of age relaxation can be taken by Reserved 
Category candidates cumulatively. [Para 28] [151-C-D] 
4. Last sub rule of Rule 4 indicates that the 3rd proviso 
contains. a theme .of relaxation pertaining to Physically 
Handicapped candidates who are eligible to avail reservation 
applicable to such candidates. Provided further that a physically 
handicapped will get as many attempts as are available to other 
non-physically handicapped candidates of his or her community. 
UNION OF INDIA & ORS. v. M. SELVAKUMAR & ANR. 
The above is subject to the condition that a physically handicapped 
candidate belonging to the General category shall be eligible for 
seven attempts. Thus, a Physically Handicapped candidate of 
General Category has been given equal chan

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