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SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Gulshan Kumar – Petitioner
Versus
Institute Of Banking Personnel Selection & Ors. – Respondents
Writ Petition (Civil) No. 1018 of 2022
Decided On : 03-02-2025
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 Respondent | 12/11/2022 or any other date |
| State Bank of India Probationary officer (PO) | Second Respondent | 17/12/2022 to 20/12/2022 or any other date |
| Staff Selection Commission’s Combined Graduate Level (CGL) | Third Respondent | 1/12/2022 to 13/12/2022 or any other date |
| Bihar Staff Selection Commission’s Combined Graduate Level | Fourth Respondent | 26/11/2022 or any other date |
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 Persons with Disabilities (Divyangjan) vide Office Memorandum in F.No.29-6/2019-DD-III dated 10.08.2022.
2. Vide order dated 15.12.20221["1. Mr. Sanjay Kapur, counsel appearing on behalf of the State Bank of India (the second respondent) states that a communication has been addressed by the second respondent to the petitioner requiring the petitioner to produce necessary documents so as to allow him the facility of a scribe for the selection test.
2. We clarify that the second respondent shall not insist on the requirement of a bench mark disability within the meaning of the Rights of Persons with Disabilities Act 2016 for the facility of a scribe having due regard to the judgment of this Court in Vikas Kumar vs Union Public Service Commission and Others [(2021) 5 SCC 370].
3 Liberty to serve the Standing Counsel for the State of Bihar, who shall take instructions insofar as the fourth respondent is concerned.
4 List the Petition on 30 January 2023], this court clarified that the Respondent No.2 shall not insist on the requirement of a benchmark disability within the meaning of the Rights of Persons with Disabilities Act, 20162[For short, “the RPwD Act, 2016”], for the facility of a scribe, having due regard to the judgment of this Court in Vikas Kumar v. Union Public Service Commission and Others, (2021) 5 SCC 370.
2.1. Pursuant to the aforesaid order, the petitioner was provided with a scribe and compensatory time during the examinations conducted by the Respondent No.2/State Bank of India, on 12.11.2022 and 17.12.2022 respectively, for the posts of Clerk and Probationary Officer.
3. Though at the first blush, the reliefs sought in this writ petition may appear to have become infructuous due to the efflux of time, considering the nature of the issue involved herein, we deem it fit and appropriate to delve into the same and arrive at a possible solution, so as to streamline the legal position which has been settled to an extent, and to ameliorate the plight of the persons with disabilities4[For short, “the PwD”]. The pleadings raised by the parties
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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