While considering the matter, the HC bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Degela issued notices to the UPSC, the Department of Personnel and Training (DoPT), the Union Ministry of Health and Family Welfare, and the Department of Empowerment of Persons with Disabilities (DEPwD).
The Court has directed the authorities to file their replies within four weeks and listed the matter for further hearing on December 3, 2025.
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As per the latest media report by Lawtrend, the plea before the HC bench was filed by the organisation Mission Accessibility. The counsel for the organisation, Advocate Rahul Bajaj argued that the statutory mandate under Section 34(1)(a) of the Rights of Persons with Disabilities Act, 2016, requires at least one per cent reservation in all recruitment cycles for persons with blindness or low vision.
The plea referred to the case of one of the members of the organisation, who appeared for CMSE-2024 as a blind candidate. Even though the candidate secured the minimum qualifying marks prescribed for the Persons with Benchmark Disabilities (PwBD) category, he was not called for the interview due to the absence of any reserved vacancies for his disability category.
Referring to this, the plea argued that UPSC, as the conducting body for CMSE recruitment to Central Health Services, Indian Railways, and other government posts, has failed to comply with statutory obligations.
It referred to Section 34 of the 2016 Act, which requires government establishments to reserve at least four per cent of vacancies for PwBD, with a minimum of one per cent specifically for blindness and low vision.
The plea noted that the UPSC notifications for CMSE-2024 and CMSE02025 did not earmark a single vacancy for blind or low vision candididates. Among the 705 vacancies advertised in CMSE-2025, none were reserved for this category. Referring to this, the petitioner described it as a "reasonable apprehension" that the injustice faced in 2024 would persist.
"In a country where there is a well-acknowledged shortage of medical professionals, there is no rational basis to exclude doctors with blindness or low vision—especially those who have duly completed their MBBS degrees and compulsory internships—from service opportunities," stated the plea.
Further, it argued that with suitable accommodations, doctors with blindness or low vision are fully capable of discharging essential duties in public healthcare.
Filing the plea, the petitioner organisation has urged the Court to issue directions to DEPwD to identify posts within CMSE that can be occupied by blind and low vision candidates, and instruct the DoPT, DEPwD, and Union Ministry of Health to work out reasonable accommodations to enable such candidates to perform their roles.
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