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NITIN JAMDAR, M. M. SATHAYE
Rohit Vishnu Gaikwad – Appellant
Versus
State of Maharashtra through Secretary, Social Welfare and Justice Department Having office at : Mantralaya, Mumbai – Respondent
JUDGMENT:
Nitin Jamdar, J.
The Maharashtra Public Service Commission allows the facility of a scribe for the candidate with a disability during the examination on the condition that the education qualification of the scribe should be one step below the minimum qualification prescribed for the post the candidate has applied for. The Commission has rejected the request of the Petitioner for a scribe of his choice, as the qualification of his scribe is Second Year of Bachelor of Science, which is higher than Higher Secondary, the 12th Standard, and thus not one step below the graduate degree which is the minimum qualification for the post. The Commission advised the Petitioner to choose another scribe with requisite qualifications and has also offered to appoint a scribe from its panel. Not satisfied, the Petitioner sought a direction to the Commission to permit the scribe selected by him to assist him in the examination.
2. The Rights of Persons with Disabilities Act enacted in 2016 brought about several reforms such as the expansion of the definition and the classification of disabilities. A person with benchmark disability is defined as a person with not less than 40% of a specified d
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 court affirmed that visually impaired candidates are entitled to choose their scribes without restrictive qualifications, emphasizing compliance with statutory guidelines.
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 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 main legal point established in the judgment is that the right to assistance and extra time for persons with disabilities should not be limited to those with a 'benchmark disability', and the gov....
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....
(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....
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