Quota for Handicapped in Civil Services a Govt Policy: SC

New Delhi: Reservation and relaxation for Physical Handicapped category candidates in civil services examination is a matter of government policy and courts cannot embark on it, the Supreme Court said on Tuesday.

A bench headed by Ranjan Gogoi set aside the judgement of the Madras High Court and the view taken by Delhi High Court that "increasing the number of attempts for Physically Handicapped candidates belonging to General Category from 4 to 7 with effect from the 2007 Examination and not proportionally increasing the number of attempts for Physically Handicapped candidates belonging to OBC Category from 7 to 10, is discriminatory and arbitrary".

The apex court bench said "the horizontal reservation and relaxation for Physically Handicapped Category candidates for Civil Services Examination, is a matter of Governmental policy and the Government after considering the relevant materials have extended relaxation and concessions to the Physically Handicapped candidates belonging to the Reserved Category as well as General Category.

"It is not in the domain of the courts to embark upon an inquiry as to whether a particular public policy is wise and acceptable or whether better policy could be evolved."

The bench, also comprising Justice Ashok Bhushan, said "the Court can only interfere if the policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending the basic requirement of the Article 14 of the Constitution."

The verdict came on appeal filed by the Centre challenging two judgements of the high courts which allowed Physically Handicapped students of OBC to avail 10 attempts instead of 7 attempts in the Civil Services Examination.

Both the High Court's had held that since the attempts for Physically Handicapped candidates belonging to General Category have been increased from 4 to 7 with effect from 2007 Civil Services Examination, there should be proportionate increase in attempts to be taken by Physically Handicapped Candidates belonging to the OBC Category.