Supreme Court Affirms Rights of Persons with Disabilities in Examination Accommodations

Background

In a landmark judgment delivered on February 3, 2025, the Supreme Court of India addressed a writ petition filed by Gulshan Kumar against the Institute of Banking Personnel Selection and other respondents. The case centered on the denial of examination accommodations, such as the provision of a scribe and compensatory time, to candidates with disabilities who do not meet the benchmark disability criteria as defined under the Rights of Persons with Disabilities Act, 2016.

Arguments

The petitioner, Gulshan Kumar , argued that he was diagnosed with Focal Hand Dystonia, which significantly impaired his ability to write. He contended that the examination bodies were discriminating against him by restricting accommodations only to those with benchmark disabilities (40% or more). The petitioner sought a writ of mandamus to ensure that all candidates with disabilities receive the necessary support during examinations.

In contrast, the respondents, including the Institute of Banking Personnel Selection, argued that they were not obligated to provide accommodations to candidates who did not meet the benchmark disability criteria. They claimed that their policies were in line with existing regulations and that they had acted in compliance with the law.

Court's Analysis and Reasoning

The Supreme Court analyzed the legal framework surrounding the Rights of Persons with Disabilities Act, 2016, emphasizing the principle of reasonable accommodation. The court referenced previous judgments, including Vikash Kumar v. Union Public Service Commission , which established that denying accommodations based on the severity of disability constitutes discrimination.

The court noted that the guidelines issued by the Ministry of Social Justice and Empowerment must be interpreted to extend accommodations to all persons with disabilities, not just those with benchmark disabilities. The court highlighted the need for a uniform approach to ensure that all candidates can participate equally in examinations.

Decision

The Supreme Court ruled in favor of the petitioner, directing the Ministry of Social Justice and Empowerment to revisit and amend the existing guidelines to ensure that all candidates with disabilities are granted the same examination accommodations. The court mandated the establishment of a grievance redressal mechanism and emphasized the importance of training for examination officials to ensure compliance with the law.

This decision marks a significant step towards inclusivity and equality for persons with disabilities in India, reinforcing their right to participate fully in educational and professional opportunities without discrimination.