Disability Quota Controversy: Are Elite Civil Service Reservations Being Misused?

Ensuring Fairness and Integrity in the Reservation System

The recent selection of Puja Khedkar, a trainee IAS officer from Maharashtra, has sparked a heated online debate about the utilization of reservations for disabled and OBC categories in India's elite civil services. Allegations of misusing these allowances have resulted in a reconsideration of her appointment and a temporary halt to her training. The scandal has fueled debate on the necessity and fairness of disability quotas in elite services. Smita Sabharwal, a senior IAS officer, has questioned the validity of such exemptions for roles that require great physical fitness, equating it to appointing crippled pilots and surgeons. The Rights of Persons with Disabilities Act of 2016 requires a 4% reservation for disabled candidates in many areas, including the UPSC Civil Services Examination.

Amitabh Kant, former CEO of NITI Aayog, has advocated for a reassessment of the disability quota in civil services, following charges of fraud in UPSC admissions. He emphasized the need to conduct extensive investigations to ensure competency and integrity in the selection process. While Kant favored the continuation of reservations for SC/ST and OBC groups, with the implementation of Creamy Layer laws, he is concerned about the potential misuse of reservations for the physically and mentally impaired. He also suggested revising the proposed 1% reservation for the third gender in top public service positions. Satendar Singh Pannu, a visually challenged government servant undergoing training at the Directorate of Training (Union Territories government Services), believed that criticism of the need for a disability quota is unfounded. He highlighted four fundamental flaws with such criticism: it is ableist, dismisses the relevance of enabling conditions and affirmative action, violates constitutional rights, and ignores concepts of social fairness and reasonable accommodations.

Pannu claimed that such concerns represent an ableist viewpoint, which incorrectly believes that persons with impairments are incapable of fulfilling IAS functions. He stressed that government workers who benefit from the disability quota have frequently excelled, exhibiting efficient handling of field visits, public grievances, and other tasks, dispelling the myth that they are less adept than their able-bodied counterparts. Being a visually challenged public servant in training, he discussed how affirmative action has been critical to his career, allowing him to efficiently take on numerous tasks. He refuted the concept that visual limitations impair performance, pointing out that technology such as screen readers, text-to-speech, handwriting recognition, and AI allow him to execute his job competently.

He also emphasized that disabilities do not impair stamina or competence and that supporting surroundings are critical for disadvantaged people to overcome obstacles and thrive. Just as affirmative action addresses caste discrimination, building enabling environments is critical for disabled individuals to transcend societal preconceptions and fulfill their duties effectively. They have highlighted a key issue that disabled candidates who passed the exam but were either placed in undesired roles or not placed at all. He pointed out that Rigzin Samphel and DS Lokesh Kumar, despite their eligibility and high ranks, had to get the Prime Minister's Office involved to secure their preferred services. Samphel was instead placed in the Indian Information Service by the Department of Personnel and Training rather than IAS which was assigned earlier.

Rigzin Saamphel and DS Lokesh Kumar felt unjustly treated and filed a petition in the Delhi High Court in 2003, claiming that the handicapped quota was utilized against them. Their case was supported by public interest litigation by two High Court justices and advocacy by Ladakh MP Thupstan Chhewang, which resulted in involvement by the PMO office. In 2004, a reformed medical board pronounced them fit for IAS, and they were eventually put into duty. Despite this, subsequent legal challenges resulted in a 2005 DoPT circular reserving IAS seats for disabled individuals. Systematic impediments continued to impede the advancement of disabled candidates in the Indian bureaucracy. Ira Singhal, a 2015 batch IAS officer with hypokyphosis scoliosis, topped civil service exams in 2014. Although initially qualified for the IRS her appointment was cancelled due to disability. She sought legal intervention from the Central Administrative Tribunal, despite receiving her appointment letter just before her second attempt, took the exam again and succeeded.

Similarly, ISRO scientist Kartik Kansal, who has muscular dystrophy and has been wheelchair-bound since age 14, has passed the UPSC exam 4 times but ironically has not been assigned a service.As reported by Indian Masterminds, Kartik Kansal has attempted the UPSC exam six times, he has not been allocated a service in three of his successful attempts. The DoPT's 2021 notification lists muscular dystrophy as eligible for IRS but the Primary Lateral Sclerosis condition of Kartik is recognized under the IAS category but not the IRS. This discrepancy seems illogical, as his condition is accepted for IAS but not for IRS. This situation highlights a broader issue where deserving candidates may be excluded due to technicalities, while those engaging in forgery benefit from quota. Instead of scrapping or overhauling the disability quota, the focus should be on improving accountability and addressing systemic loopholes.

Editor’s Note: 
 

The controversy surrounding Puja Khedkar's appointment as an IAS trainee underscores the difficulty of applying reservation regulations in a varied and competitive industry such as civil services. It serves as a reminder of the difficult balance required to ensure that reservations meet their intended purpose while maintaining the integrity of the selection process. As we negotiate these discussions, we must examine both the spirit and letter of the reservation system. Ensuring that reservations empower individuals while maintaining the values of merit and fairness is a problem that necessitates continual conversation and careful consideration. Despite their disabilities, many UPSC applicants have not only cleared the exam but have also set an example that disability does not preclude achieving excellence. Denying them a fair chance and deserving positions raises questions about whether the selection committee is truly administering justice.

Skoobuzz hopes that a system should be developed in which every individual, regardless of background or disability, has the opportunity to contribute meaningfully to the service of the nation.