Moishree judgement sets aside SLD exclusion from civil services reservation

[Vaishnavi Jayakumar (Inclusive India)]

26/09, 18:00] Rahul Bajaj: In a hard fought legal battle, the central administrative tribunal today has set aside the exclusion of persons with specific learning disabilities from the grant of reservation in the civil service exams

[26/09, 17:59] Rahul Bajaj: 8.7 The Office Memorandum (OM) dated 24.12.2024 undermines the foundational principle of equality. It raises a fundamental question: Can such an exemption be considered a reasonable classification? The protection under clause (d) of Section 34 is meant to be inclusive, not exclusive. This OM violates the principle of non-discrimination, resulting in an arbitrary denial of equal opportunity.

8.8. Once persons with benchmark disabilities under clause (d) are permitted to compete within their 

8.8. Once persons with benchmark disabilities under clause (d) are permitted to compete within their category, their merit is assessed within that group

against the reserved quota of 0.5%. Denial of participation by invoking this OM is contrary to both the letter and spirit of the Act. Clause (d) itself establishes a recognized class, and a defined percentage of reservation is already earmarked. Thus, exemption from this clause for future years contradicts the principle of equality and leads to discriminatory treatment, rendering the OM ultra vires the statute.

8.11 A series of judgments were cited by the respondents concerning the maintainability of the relief sought and the absence of any prior legal challenge to the exemption granted for three consecutive years. However, granting exemption for three successive years reveals a predetermined intent to deny reservation benefits to a specific category of persons with benchmark disabilities — an act that is both arbitrary and discriminatory, especially when no supporting documentation or data has been placed on record.

the repeated grant of exemption demands serious introspection. It raises the larger question: Are the authorities, who ought to function as a model employer, instead becoming an example of policy erosion?

8.14.This concern becomes more serious when one considers whether the CSE 2024 advertisement 

8.15.It is hard to accept that, among the 19 services included under CSE, there are no roles identified where persons with benchmark disabilities under clause (d) could be reasonably accommodated within the 0.5% quota. The right or power to seek exemption cannot be exercised arbitrarily through an OM that effectively nullifies the statutory rights of persons with benchmark disabilities.

8.16.An exemption of such sweeping nature, granted in general for three consecutive years, cannot simply be pulled out of a hat.

9. EPILOGUE : 9.1. Undisputedly, in the present case, the "experts on the subject," who were essential to arrive at a fair and informed decision regarding the determination of suitable categories of benchmark disabilities and functional requirements were not part of the Expert Committee.

10.2.In view of the above, the Original Application is disposed of with the following directions to the respondent authorities:

(i) Having regard to the observations made in Paragraph 8, the Office Memorandum dated 20.12.2024 must be reconsidered and reexamined by the respondents.

(ii) This exercise must be undertaken in consultation with the concerned ministries governing the 19 constituent services under CSE, as well as with experts in the medical field, to identify suitable posts for persons with SLDs.

(iii)A High-Powered Committee should be constituted to carry out this exercise and ensure that the statutory mandate of reservation is fulfilled.

(iv) Any future exemption must be examined critically — whether it should apply to all 19 services or to specific ones only, and such decision must be supported by objective data and policy reasoning.

(v) The object and purpose of any exemption under clause (d) of Section 34 must be publicly disclosed, preferably as a note in the CSE 2026 advertisement.

(vi) This entire exercise must be completed prior to the issuance of the advertisement notification for CSE 2026.

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