The petitioner, Prema Ram, is a person with benchmark disability having 50% of Haemophilia which is characterized as a rare, incurable genetic disease which causes uncontrolled bleeding which in turn leads to locomotor disability, loss of limbs, and could be life threatening.
Petitioner applied for the Civil Services (Preliminary) Examination, which took place on May 25, 2025 but has no benefit of reservation as despite falling within the definition of a “person with benchmark disability” under the Rights of Persons with Disabilities Act, 2016, the petitioner cannot claim his right of reservation in public employment. The application for this examination thus did not provide for the option of Haemophilia under their category of ‘disabilities’. Therefore, he could not register himself as a person with disability in the application form and was deemed to be not entitled to reservation.
CLPR on behalf of the petitioner argued that Section 34 of the RPD Act provides reservation in employment of persons with benchmark disabilities of certain categories, while excluding other categories without any rational basis. This is violative of Articles 14, 19, and 21 of the Constitution. Moreover, RPWD Act has a statutory requirement that no Government establishment shall discriminate against any person with disability in matters of employment. Equal opportunity to livelihood was affirmed by the Hon’ble court in the landmark case of Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217. In fact, the Court has specifically mandated positive action by the State Government to ensure equality and dignity for persons with disabilities, in the case of Vikash Kumar v. Union Public Service Commission, AIR 2021 SC 2447.
The writ petition, therefore, is seeking interim relief that the petitioner be recognized as a person with benchmark disability category in the Civil Services Examination, 2025 and be granted all necessary concessions to write his exam. It also asks the Hon’ble Court that such exclusion be recognized as unconstitutional, and all persons with the benchmark disability of Haemophilia be covered under the RPD Act.
Notice was issued on July 10, 2025. The matter stands posted for final hearing.