Amid Puja Khedkar Row, Here's A Look At Rules Governing Disability Quota In UPSC

According to Union Public Service Commission (UPSC), here the detailed criteria for persons with benchmark disability (PwBD) for appointment to civil services.

The training of probationary IAS officer Puja Khedkar has been put on hold amid allegations of misuse of power and privileges.

Source : ANI

The Union Public Service Commission (UPSC) provides for detailed provisions for employment of Persons with Benchmark Disabilities (PwBD) to the civil services. The recent controversy around the appointment of IAS officer Puja Khedkar has brought into spotlight the rules and regulations around appointments to Indian civil services under the special provisions for PwBD candidates.

The training of probationary IAS officer Puja Khedkar has been put on hold amid allegations of misuse of power and privileges. She is accused of misusing the PwBD and non-creamy layer OBC certificates. UPSC provides special reservations for PwBD candidates in the selection process for examinations held to appoint IAS officers. These aspirants can avail several benefits and allowances like age limit relaxation and the number of times they can appear for the exam.

According to the frequently asked questions (FAQs) available on the Union Public Service Commission (UPSC) website, here's the detailed criteria for persons with benchmark disability (PwBD) for appointment to civil services.

1) What are reservation provisions available for the UPSC candidates of the PwBD categories?

Reservation is made for the candidates belonging to the PwBD categories in respect of vacancies as may be fixed by the Government. PwBD stands for Persons with Benchmark Disabilities (PwBD) in blindness, locomotor disability (both arms affected – BA), and cerebral palsy. They are represented under section 2(r) of the RPWD Act, 2016. Reservations are made for these categories about vacancies as may be set by the Government.

The candidates of Multiple Disabilities will be eligible for reservation under category (e)-Multiple Disabilities only of Section 34(1) of this Act and shall not be eligible for reservation under any other categories of disabilities i.e. (a) to (d) of Section 34(1) of RPwD Act, 2016 on account of having disability of 40% and above in any of these sub-categories of PwBD.

2) What are the special eligibility criteria in terms of Functional Classification and Physical Requirements for different Services?

The PwBD candidates shall be required to meet special eligibility criteria in terms of Functional Classification and Physical Requirements (abilities/disabilities) (FC & PR) consistent with the requirements of the identified Post/Service as may be prescribed by its Cadre Controlling Authority (CCA).

3) Which PwBD category persons are eligible to apply for UPSC examinations?

Aspirants of only those PwBD category(ies) of disability(ies) mentioned in the Rules of an Examination shall be eligible to apply for that Examination under PwBD category.

4) What are the provisions on possessing a PwBD certificate and Medical Examination by the Government?

The candidates belonging to PwBD categories are likely to have been previously tested and in possession of related medical certificates even before applying for admission to an Examination. However, it is to be noted clearly that the prescribed Medical Examination as per the Examinations Rules, also including that for PwBD categories, shall be mandatory and only the results of the prescribed Medical Examination shall be deemed valid for assessing whether a PwBD category candidate meets the requirements to be appointed.

5) Whether change of category is allowed in case of PwBD categories candidates?

No candidate belonging to any sub-category of PwBD is allowed to change the sub-category of disability. Further, in case of a candidate becoming a candidate belonging to PwBD category during the course of the examination process, the candidate must produce valid document of acquiring a disability to the extent of 40% or more as defined under the RPwD Act, 2016 to get considered for the benefits of reservation as available to the PwBD categories.

PwBD candidates of the General/OBC/EWS categories are allowed a maximum of 9 attempts and PwBD candidates of SC/ST categories are allowed unlimited number of attempts in case they are otherwise eligible.

6) Can a PwBD candidate be considered against eligible Post/Service even though the PwBD certificate is not available from the competent authority?

No. A PwBD candidate is considered eligible for the benefits of reservations/ concessions/ relaxations for the Examinations/ selections made by the Commission, only if he/she possesses a valid disability certificate.

7) Can PwBD candidates apply for all the Posts/Services under any Examination/selection?

No, the Cadre Controlling Authorities vested in the Government of India are required to identify the Posts/Services, which are suitable for PwBD candidates and to indent such vacancies to the Commission. The Commission recommends PwBD candidates only against those vacancies, which are identified suitable for PwBD candidates and have been indented to the Commission for that category of candidates.

8) Eligibililty to get the Compensatory Time and quantum of the Compensatory Time

The PwBD candidates in the category of blindness, locomotor disability (both arms affected-BA) and cerebral palsy are allowed Compensatory Time of 20 minutes per hour of the examination. In case of other PwBD categories, this facility is provided on production of a certificate to the effect that the person concerned has physical limitation to write from the Chief Medical Officer/Civil Surgeon/Medical Superintendent of a Government Health Care institution as per the prescribed proforma.

9) How much age relaxation could be allowed to the candidates of PwBD categories?

The prescribed upper age-limit of an examination (wherever applicable) is relaxable up to a maximum of 10 years in the case of candidates belonging to PwBD categories [viz. (i) blindness and low vision; (ii) deaf and hard of hearing; (iii) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; (iv) autism, intellectual disability, specific learning disability and mental illness; (v) multiple disabilities from amongst person under clauses (i) to (iv) including deaf, blindness]. PwBD candidates, who also belong to either SC or ST or OBC or Exservicemen, are eligible for grant of cumulative age-relaxation under
both categories.

10) Assistive devices are allowed to PwBD

The options for assistive devices allowed to the candidates, are available in the Online Application Form. If the required device is not available in the list, then the candidate can request for the same separately to the Commission for its consideration. The request will be examined by the Commission on case to case basis and the Commission’s decision will be final in this regard and the same will be communicated to the candidate.

What facilities are given to the PwBD candidates at the Venue of Examination and Personality Tests?

• The Commission makes every effort to utilize only such Venues for its examinations, which are compatible/ friendly for PwBD candidates.
• If a PwBD candidate requests for any special requirement/assistance well in time before the Examination, all efforts are made to ensure that the candidate is allowed the said requirement/assistance within permissible norms.
• During Personality Test, the PwBD-III (Hearing Impaired) candidates may be asked questions through projectors and the candidates are also given option to reply either orally or by writing or typing.
• PwBD candidates requiring any physical assistance such as wheelchair etc or escort by staff, are provided the same to the possible extent.1. 
• The Persons with Benchmark Disabilities (PwBD) in the categories of blindness, locomotor disability (both arm affected – BA) and cerebral palsy can avail the facility of scribe.
• In case of other category of Persons with Benchmark Disabilities as defined under section 2(r) of the RPWD Act, 2016, the facility of scribe is allowed to such candidates on production of a certificate to the effect that the person concerned has physical limitation to write, and scribe is essential to write examination on behalf, from the Chief Medical Officer/ Civil Surgeon/ Medical Superintendent of a Government Health Care institution in the prescribed proforma.
• The candidates have discretion of opting for his/her own scribe or request the Commission to provide for the same. The qualification of the Commission’s scribe as well as own scribe should not be more than the minimum qualification criteria of the Examination (for example- in case of the Civil Services Examination graduation from any recognised university). However, the qualification of the scribe should always be matriculate or above.
• If a candidate opts for own scribe and eventually requests the Commission for change, such request will be examined on case to case basis. The Commission doesn’t pay any remuneration to the scribe if the candidate brings his/her own scribe.
• If due to any eventuality, the candidate’s own scribe does not turn up on the examination day, the Commission will arrange its scribe for the candidate.
• If any non-PwBD candidate unfortunately fractures or injures his/her writing hand before the Examination, there is no such provision for a scribe in that case.
• Only the candidates having specific disability and having the valid disability certificate as per prevailing rules are eligible for scribe.
• The PwBD candidates suffering from blindness or low vision, are given an option in the Online Application Form for the Examination to opt for question paper/booklet in large font (F 16) are given an option in the online application for the examination to opt for question paper/booklet in large font (Font size 16).