(Per M. S. Sonak, J.)
1. Heard learned Counsel for the parties.
2. Orders were made for the disposal of this Petition finally
at the admission stage. Accordingly, we issue Rule. The Rule is
made returnable immediately at the request of and with the
consent of the learned Counsel for the parties.
3. The Petitioner has pleaded that he is afflicted by
obsessive-compulsive disorder (OCD), which is considered a
mental disability within the meaning assigned to this term
under Section 2(s) of the Rights of Persons with Disabilities
Act, 2016 (2016 Act).
4. Between 2006 and 2008, the Union Public Service
Commission (UPSC) initiated the process for appointing
candidates to the Civil Services, including the IAS, IPS, and
other services. It is the Petitioner’s case that upon a literal
interpretation or rather misinterpretation of the provisions of
Sections 32 and 33 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act,
1995 (1995 Act). Reservations for persons with disabilities
were provided only for 3% of the posts. Further, the posts
identified were only those suffering from (i) Blindness or low
vision; (ii) hearing impairment; (iii) Locomotor Disability or
Cerebral Palsy. No posts were identified for those suffering
from any mental illnesses.