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J. B. PARDIWALA, R. MAHADEVAN
Gulshan Kumar – Appellant
Versus
Institute Of Banking Personnel Selection – Respondent
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 :
(R. Mahadevan, J.)
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:
| Examinations | Conducting Bodies | Date(s) |
| Common Recruitment Process of Recruitment of Probationary officers/ Management trainees | First Respondent | 26/11/2022 or any other date |
| State Bank of India (Junior Associate & Sales) | Second | |
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 principle of reasonable accommodation for candidates with disabilities must be strictly adhered to in the examination process.
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....
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