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VIKRAM NATH, SANDEEP MEHTA
Mission Accessibility – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. The measure of a just and inclusive society lies not merely in the freedoms it proclaims, but in the opportunities, it ensures for all its citizens to realize their fullest potential. Equality, in its truest sense, demands not uniformity but the removal of barriers that prevent individuals from standing on equal footing. The Constitution of India envisions a Republic where every person, regardless of physical or sensory limitation, can participate with dignity in the nation’s collective journey. The law, as an instrument of justice, must therefore move beyond formal equality to ensure substantive inclusion, transforming rights from written promises into lived realities. It is in this spirit that the present writ petition comes before this Court, seeking not privilege, but parity; not indulgence, but the rightful fulfilment of the constitutional vision of equal opportunity for all.
2. The instant writ petition has been instituted by Mission Accessibility1 [Hereinafter, being referred to as “petitioner”] an organisation engaged in the advancement of the rights of persons with disabilities, for enforcing the rights of persons with disabilities to equal opp
(1) Rights of persons with disabilities to equal opportunity – Enforcement of – Equality, in its truest sense, demands not uniformity but removal of barriers that prevent individuals from standing on....
The court established that all persons with disabilities are entitled to reasonable accommodations during examinations, ensuring no discrimination based on the nature of disability.
(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 affirmed that visually impaired candidates are entitled to choose their scribes without restrictive qualifications, emphasizing compliance with statutory guidelines.
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 court ruled that visually impaired candidates are eligible for judicial service, striking down discriminatory rules and emphasizing the need for reasonable accommodation and separate cut-off mark....
The court emphasized that rigid adherence to recruitment rules without considering reasonable accommodation for individuals with disabilities violates their rights under the RPwD Act.
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