Case Note & Summary
The case involved an appellant who suffered from Writer's Cramp and was denied the use of a scribe during the Civil Services Examination (CSE) conducted by the Union Public Service Commission (UPSC). The appellant had previously been provided a scribe for the CSE 2017 but was rejected for the 2018 examination based on the criteria set forth in the CSE Rules 2018, which limited the provision of scribes to candidates with specific benchmark disabilities. The appellant challenged this decision, arguing that his condition constituted a disability under the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016). The case traversed through various judicial forums, including the Central Administrative Tribunal and the High Court of Delhi, where the appellant's claims were dismissed on grounds of not meeting the required disability certification criteria. The Supreme Court, however, recognized the need for reasonable accommodation for all persons with disabilities, not just those with benchmark disabilities. The court emphasized that the RPwD Act, 2016, distinguishes between 'persons with disabilities' and 'persons with benchmark disabilities', and that the latter should not be a precondition for obtaining a scribe. The court directed that the provisions of the RPwD Act should be interpreted in a manner that ensures inclusivity and access for all disabled candidates, thereby allowing the appellant the right to a scribe for the examination. The decision highlighted the disconnect between the policies of different government ministries regarding the rights of disabled individuals and called for a more coherent approach to ensure equal opportunities in competitive examinations.
Headnote
A) Disability Rights - Provision of Scribes - Benchmark Disability Not Required - Rights of Persons with Disabilities Act, 2016, Section 2(r) - The court held that the definition of 'persons with disabilities' includes those who may not meet the benchmark disability criteria but still require reasonable accommodations, such as scribes, to participate in examinations. This interpretation aims to bridge the gap between legal provisions and practical realities faced by disabled individuals (Paras 25-27).
Issue of Consideration
Whether the appellant, suffering from Writer's Cramp, is entitled to the provision of a scribe for the Civil Services Examination under the Rights of Persons with Disabilities Act, 2016.
Final Decision
The Supreme Court held that the appellant is entitled to a scribe for the Civil Services Examination, emphasizing that the definition of disability under the RPwD Act, 2016 includes those who may not meet the benchmark criteria but still require accommodations. The court directed the UPSC to provide the necessary support to the appellant.
Law Points
- Rights of Persons with Disabilities
- reasonable accommodation
- benchmark disability
- Civil Services Examination Rules
- discrimination
- equal opportunity
