Case Note & Summary
The petitioner, Rohit Vishnu Gaikwad, a 100% visually impaired individual holding a Bachelor of Arts degree, applied for posts advertised by the Maharashtra Public Service Commission (MPSC) under Advertisement No.4/2023. The minimum qualification for the posts was a graduate degree. The petitioner sought to engage a scribe of his choice who had passed Second Year B.Sc., which was higher than Higher Secondary (12th Standard) but lower than the petitioner's own degree. The MPSC rejected the request, citing the Government Resolution dated 5 October 2021 (Guidelines of 2021), which required that a scribe's educational qualification be 'one step below' the minimum qualification prescribed for the post. The MPSC interpreted this to mean that for a graduate-level post, the scribe's qualification could not exceed HSC. The petitioner approached the Bombay High Court seeking a direction to allow his chosen scribe. The court examined the Rights of Persons with Disabilities Act, 2016, particularly the principle of reasonable accommodation under Section 2(y) and Section 3, and the Supreme Court's decision in Vikash Kumar v. UPSC, which emphasized an inclusive approach to scribe facilities. The court noted that the Guidelines of 2021 were intended to implement the Act and the Supreme Court's directions. The court found that the MPSC's interpretation was overly restrictive and contrary to the object of the Act. It held that the phrase 'one step below' should be interpreted in relation to the candidate's own educational qualification, not the minimum qualification for the post, to ensure reasonable accommodation. The court directed the MPSC to permit the petitioner to engage the scribe of his choice with Second Year B.Sc. qualification and to allow the scribe to assist him in the examination. The court also clarified that the MPSC could take appropriate measures to maintain examination integrity, but not by imposing an arbitrary qualification bar.
Headnote
A) Disability Law - Reasonable Accommodation - Scribe Facility - Rights of Persons with Disabilities Act, 2016, Section 3, Section 2(y) - The court interpreted the phrase 'one step below' in the Guidelines of 2021 to mean one step below the candidate's own educational qualification, not the minimum qualification for the post, to give effect to the principle of reasonable accommodation. The court held that the MPSC's restrictive interpretation was contrary to the inclusive approach mandated by the Act and the Supreme Court's decision in Vikash Kumar v. UPSC. (Paras 11-14) B) Constitutional Law - Right to Equality - Article 14 - The court held that the MPSC's interpretation created an unreasonable classification between candidates with disabilities based on the qualification of their chosen scribe, which was not proportionate to the legitimate aim of maintaining examination integrity. (Para 13) C) Disability Law - Scribe Qualification - Guidelines of 2021 - The court directed that the petitioner be permitted to engage the scribe of his choice with Second Year B.Sc. qualification, as it was one step below the petitioner's own Bachelor of Arts degree, and that the MPSC shall allow the scribe to assist the petitioner in the examination. (Para 14)
Issue of Consideration
Whether the condition that the scribe's educational qualification must be 'one step below' the minimum qualification for the post, as per the Government Resolution dated 5 October 2021, should be interpreted to allow a scribe with qualification higher than HSC but lower than the candidate's own qualification, in light of the principle of reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.
Final Decision
The court allowed the writ petition and directed the MPSC to permit the petitioner to engage the scribe of his choice with Second Year B.Sc. qualification and to allow the scribe to assist the petitioner in the examination. The court held that the MPSC's interpretation of 'one step below' was contrary to the principle of reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.
Law Points
- Reasonable accommodation
- scribe facility
- one step below qualification
- benchmark disability
- Rights of Persons with Disabilities Act 2016
- Vikash Kumar v. UPSC
- inclusive interpretation
