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J. B. PARDIWALA, R. MAHADEVAN
Gulshan Kumar – Appellant
Versus
Institute Of Banking Personnel Selection – Respondent
What is the scope of "reasonable accommodation" for persons with disabilities in examinations under RPwD Act, 2016? What is the applicable equality standard for extending facilities (scribes, compensatory time) from PwBD to all PwD candidates in examinations? What guidelines and compliance measures should be implemented to ensure uniform application of examination accommodations for PwD/PwBD candidates?
Key Points: - The RPwD Act, 2016 mandates reasonable accommodation to ensure equal participation in education and examinations (!) (!) (!) . - The Court held that facilities such as scribes and compensatory time must extend to all persons with disabilities, not only those with benchmark disabilities (PwBD) (!) (!) (!) . - Office Memorandum 10.08.2022 provides guidelines for PwBD; the Court directed uniform application to PwD and to revisit and renotify guidelines for consistent compliance (!) (!) (!) . - The judgment emphasizes uniform guidelines, grievance redressal mechanisms, and periodic compliance verifications to ensure non-discrimination (!) (!) (!) . - The decision cites Vikash Kumar (Supreme Court) and Avni Prakash (SC) to support extending accommodations beyond benchmark disabilities (!) (!) . - The matter directs action to standardize practices across SBI, IBPS, and state agencies, including accessibility and center facilities (!) (!) . - The judgment interprets Articles 14, 19(1)(g), 21 as applying to PwD/ PwBD in the examination context and ensures non-discrimination via reasonable accommodation (!) (!) . - The Court’s directive includes creating grievance portals and ensuring scribe/alternative modes (Braille, large print, etc.) are available (!) (!) . - The final order disposes the petition with directions to re-notify guidelines within two months and report compliance (!) (!) .
| Table of Content |
|---|
| 1. petitioner diagnosed with disability (Para 1 , 2) |
| 2. clarification on scribe requirements (Para 3 , 4) |
| 3. petitioner's claims of discrimination (Para 5 , 6) |
| 4. respondents' defense on maintainability (Para 7) |
| 5. legal framework for pwd rights (Para 8) |
| 6. judicial precedents on disability rights (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. need for uniform guidelines (Para 19) |
| 8. directions for compliance (Para 20) |
JUDGMENT :
1. This writ petition has been filed as a Public Interest Litigation invoking jurisdiction under Article 32 of the Constitution of India, seeking a writ of mandamus directing the Respondent Nos.1 to 4 to provide the petitioner with the facility of a scribe, compensatory time and all other facilities, to which he may be entitled, under the law, considering his disability status for the upcoming examinations, the details of which are tabulated below:
The petitioner has also sought a direction to the Respondent No.5 to initiate suitable action against the examining bodies that have failed to adhere to the guidelines issued by the Respondent No.5/Government of India, Ministry of Social Justice and Empowerment, Department of Empowerment of Pers
The court established that all persons with disabilities are entitled to reasonable accommodations during examinations, ensuring no discrimination based on the nature of disability.
The court affirmed that visually impaired candidates are entitled to choose their scribes without restrictive qualifications, emphasizing compliance with statutory guidelines.
(1) For a person with disability, provision for facility of a scribe is in pursuance of statutory mandate to ensure that persons with disabilities are able to live a life of equality and dignity base....
The court established that the qualification of a scribe must be one step below the candidate's minimum educational requirement, adhering to the established educational framework.
The judgment emphasizes the statutory entitlements of Persons with Disabilities under the Rights of Persons with Disabilities Act 2016 and the need for reasonable accommodation for PwD candidates in ....
The principle of reasonable accommodation requires that individuals with disabilities receive necessary support to ensure their equal participation in employment processes, regardless of procedural l....
The court held that failing to provide reasonable accommodations to a disabled student during exams constitutes discrimination, affirming the right to equal educational opportunities.
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