Case Note & Summary
The Union of India filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 12.12.2013 passed by the Central Administrative Tribunal, Bangalore Bench, in T.A.No.470/2013. The respondent, Shri Yaswanth G.V., a visually impaired person, had applied for the Civil Services Examination conducted by the Union Public Service Commission (UPSC). He was denied a scribe for the written examination, which he contended violated his rights under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Tribunal directed the UPSC to consider his candidature by providing a scribe. The High Court, after hearing arguments, upheld the Tribunal's order, holding that the denial of a scribe amounted to discrimination and that the Act mandates reasonable accommodation for persons with disabilities. The court dismissed the writ petition, affirming the Tribunal's direction.
Headnote
A) Disability Law - Right to Scribe - Reasonable Accommodation - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 39 - The court considered whether denial of a scribe to a visually impaired candidate in the Civil Services Examination amounts to discrimination. Held that the Act mandates reasonable accommodation, and denial of scribe violates the candidate's right to equal opportunity. (Paras 2-5)
B) Administrative Law - Judicial Review of CAT Orders - Articles 226 and 227 of Constitution of India - The court examined the scope of judicial review of orders passed by the Central Administrative Tribunal. Held that the Tribunal's order directing consideration of the candidate was just and proper, and no interference was warranted. (Paras 6-8)
Issue of Consideration
Whether the denial of a scribe to a visually impaired candidate in the Civil Services Examination violates the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and whether the Central Administrative Tribunal was justified in directing the Union Public Service Commission to consider the candidature of the respondent.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Central Administrative Tribunal dated 12.12.2013 in T.A.No.470/2013, directing the Union Public Service Commission to consider the candidature of the respondent by providing a scribe.
Law Points
- Right of persons with disabilities to scribe
- reasonable accommodation in examinations
- interpretation of Section 39 of Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Articles 226 and 227 of Constitution of India
Case Details
2014 LawText (KAR) (10) 13
Writ Petition No.44696 of 2014 (S-CAT)
K.L.Manjunath, A.V.Chandrashekara
Arun M I (for petitioner), M N Prasanna (for caveator/respondent 1)
Shri Yaswanth G.V. and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Administrative Tribunal.
Remedy Sought
Petitioner (Union of India) sought quashing of the CAT order dated 12.12.2013 in T.A.No.470/2013 and dismissal of the said case.
Filing Reason
The respondent, a visually impaired candidate, was denied a scribe for the Civil Services Examination, which he alleged violated the Persons with Disabilities Act, 1995.
Previous Decisions
The Central Administrative Tribunal, Bangalore Bench, by order dated 12.12.2013, directed the UPSC to consider the candidature of the respondent by providing a scribe.
Issues
Whether denial of scribe to a visually impaired candidate in Civil Services Examination violates the Persons with Disabilities Act, 1995?
Whether the CAT order directing consideration of candidature with scribe is legal and proper?
Submissions/Arguments
Petitioner argued that the CAT order was erroneous and that the UPSC had valid reasons for denying scribe.
Respondent argued that denial of scribe amounted to discrimination and violated his rights under the Act.
Ratio Decidendi
The denial of a scribe to a visually impaired candidate in a competitive examination constitutes discrimination and violates the mandate of reasonable accommodation under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The CAT order directing consideration of the candidate with a scribe was just and proper.
Judgment Excerpts
Present writ petition is filed under Articles 226 and 227 of the Constitution of India requesting this Court to issue a writ, order or direction in the nature of certiorari quashing the impugned order passed on 12.12.2013 by the Central Administrative Tribunal, Bangalore Bench, in case bearing T.A.No.470/2013 and consequently, to dismiss the said case T.A.No.470/2013.
Respondent was applicant before the Central Administrative Tribunal, Bangalore Bench. Respondent No.1-Yaswanth G.V. appeared for the Civil Services Examination conducted by the Union Public Service Commission. He is a visually impaired person. He was denied a scribe for the written examination.
Procedural History
The respondent filed an application before the Central Administrative Tribunal, Bangalore Bench, which was allowed on 12.12.2013 in T.A.No.470/2013, directing the UPSC to consider his candidature with a scribe. The Union of India challenged this order by filing the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court reserved orders on 23.09.2014 and pronounced the judgment on 27.10.2014, dismissing the writ petition.
Acts & Sections
- Constitution of India: Articles 226, 227
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Section 39
