Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 – Supreme Court held that benefits extended to Persons with Benchmark Disabilities must also be made available to all Persons with Disabilities (PwD).

Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016) – Sections 2(s), 2(r), 16, 17– Mandates inclusive education and reasonable accommodation – Restricting examination benefits only to candidates with 40% or more disability held discriminatory – Rights of PwD candidates reaffirmed.

Examinations and Reasonable Accommodation– Denial of scribe and compensatory time to PwD candidates with less than 40% disability held unconstitutional – Supreme Court directed authorities to modify examination procedures ensuring accessibility.

Acts and Sections Discussed:

• Constitution of India, 1950 – Article 32
• Rights of Persons with Disabilities Act, 2016 – Sections 2(s), 2(r), 16, 17
• State Bank of India Act, 1955
• Bihar Staff Selection Commission Act, 2002
• Bombay Public Trust Act, 1950

Subjects:

Reasonable accommodation – Disability rights – Scribe facility – Compensatory time – Inclusive education – Discrimination – Equal opportunity – Examination access – Judicial enforcement

Facts:

1. Nature of the Litigation:

The petitioner, diagnosed with Focal Hand Dystonia (Writer's Cramp) and assessed with 25% permanent disability, filed a writ petition under Article 32 seeking scribe and compensatory time for recruitment examinations conducted by banking and staff selection authorities.

2. Relief Sought:

Mandamus directing recruitment bodies to provide a scribe, compensatory time, and other facilities to PwD candidates irrespective of their disability percentage.

3. Reason for Filing the Case:

Despite previous Supreme Court judgments (Vikash Kumar v. UPSC, Avni Prakash v. NTA), examining bodies continued to deny accommodations to PwD candidates, limiting such benefits to those with 40% or more disability.

4. Previous Decisions and Actions:

• The Supreme Court had earlier held that denying accommodations to PwD candidates violates Article 14 and the RPwD Act, 2016.
• The government issued an Office Memorandum (10.08.2022) addressing the issue but retained discriminatory conditions.

Issues:

1. Whether restricting scribe and compensatory time benefits to persons with benchmark disabilities (40% or more) is unconstitutional?
2. Whether examining bodies were justified in denying reasonable accommodations despite prior court directions?
3. Whether a uniform framework for disability accommodations should be implemented across all recruitment examinations?

Submissions/Arguments:

Petitioner:

• Classification between PwD and PwBD is arbitrary and discriminatory.
• The 10.08.2022 Office Memorandum restricts benefits without legal justification.
• Examining bodies failed to ensure uniform implementation of disability rights.

Respondents:

• Respondent No. 1 (IBPS) argued it is not a "State" under Article 12 and not amenable to writ jurisdiction.
• Respondent No. 2 (SBI) claimed it followed Supreme Court directives in Vikash Kumar.
• Respondent No. 4 (Bihar SSC) contended that existing policies only cover PwBD candidates.

Decision:

Held:

1. Discriminatory Restriction Struck Down: Restricting benefits to PwBD (40% or more disability) is unconstitutional – All PwD candidates must receive reasonable accommodations in exams.
2. IBPS Subject to Writ Jurisdiction: The Supreme Court overruled previous objections and held that even private entities performing public functions are bound by fundamental rights.
3. Government Directed to Amend Office Memorandum: The Court directed Respondent No. 5 (Department of Empowerment of Persons with Disabilities) to issue fresh guidelines ensuring:
   • Uniform application of accommodations across all exams.
   • Mandatory inclusion of PwD-related options in application forms.
   • Establishment of a grievance redressal mechanism.
   • Increased awareness and compliance monitoring.

Ratio Decidendi:

• Denial of reasonable accommodations amounts to discrimination under the RPwD Act, 2016.
• All benefits granted to Persons with Benchmark Disabilities must also be extended to all Persons with Disabilities in examinations.
• Private entities conducting public functions can be subjected to writ jurisdiction.

Final Order:

• The Government directed to amend the 10.08.2022 Office Memorandum within two months to ensure full inclusion of all PwD candidates.
• Periodic monitoring and compliance enforcement mandated.
• Grievance redressal portal to be set up for PwD candidates.